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Tort Reform: The Big Payoff for Corporations, Curbing the Lawsuits that Hold them Accountable
StoryFebruary 04, 2005
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In his State of the Union address, President Bush urged lawmakers to rewrite tort law rules to do away with class action lawsuits. We take a look at medical malpractice with Joanne Doroshow, executive director of the Center for Justice and Democracy. [includes rush transcript]
In his State of the Union address Wednesday, President Bush urged lawmakers to rewrite tort law rules to do away with class action lawsuits he says have become a significant drag on the economy.
President Bush, State of the Union address, February 3, 2005:
"To make our economy stronger and more dynamic, we must prepare a rising generation to fill the jobs of the 21st century. Under the No Child Left Behind Act, standards are higher, test scores are on the rise, and we're closing the achievement gap for minority students. Now we must demand better results from our high schools, so every high school diploma is a ticket to success. We will help an additional 200,000 workers to get training for a better career, by reforming our job training system and strengthening America's community colleges. And we'll make it easier for Americans to afford a college education, by increasing the size of Pell Grants. To make our economy stronger and more competitive, America must reward, not punish, the efforts and dreams of entrepreneurs. Small business is the path of advancement, especially for women and minorities, so we must free small businesses from needless regulation and protect honest job-creators from junk lawsuits. Justice is distorted, and our economy is held back by irresponsible class-actions and frivolous asbestos claims — and I urge Congress to pass legal reforms this year."
The president won an an initial victory in tort reform yesterday when a bill sought by corporations to curb class action lawsuits advanced in the Senate.
The Judiciary committee voted 13 to 5 to approve the measure and send it to the full Senate, where it will be considered as early as next week. The bill transfers most class-action lawsuits from state courts to more stringent federal courts and is the first in a package of changes to the tort system sought by the Bush administration.
But Republican Senator Arlen Specter of Pennsylvania is trying to take the bill one step further. Specter is pushing forward an amendment to would impose new limits on medical malpractice lawsuits and would preclude people who claim they have asbestos poisoning from filing lawsuits.
Asbestos was widely used for fireproofing and insulation until the 1970s. Studies have shown that inhaled fibers are linked to cancer and other diseases, and hundreds of thousands of injury claims have been brought to court.
Joanne Doroshow, executive director of the Center for Justice and Democracy.
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This is a rush transcript. Copy may not be in its final form.
JUAN GONZALEZ: In his State of the Union Address Wednesday, President Bush urged lawmakers to rewrite tort laws to do away with class action lawsuits he says have become a significant drag on the economy.
GEORGE W. BUSH: To make our economy stronger and more competitive, America must reward, not punish, the efforts and dreams of entrepreneurs. Small business is the path of advancement, especially for women and minorities. So, we must free small businesses from needless regulation and protect honest job creators from junk lawsuits. Justice is distorted, and our economy is held back by irresponsible class actions and frivolous asbestos claims, and I urge Congress to pass legal reforms this year.
AMY GOODMAN: President Bush speaking before Congress in his 2005 State of the Union Address. The President won an initial victory in tort reform on Thursday when a bill sought by corporations to curb class action lawsuits advanced in the Senate. The Judiciary Committee voted 13-5 to approve the measure and send it to the full Senate where it will be considered early next week. The bill transfers most class action lawsuits from State Courts to more stringent Federal Courts, and is the first in a package of changes to the tort system sought by the Bush Administration.
JUAN GONZALEZ: But Republican Senator Arlen Specter of Pennsylvania is trying to take the bill one step further. Specter is pushing forward an amendment to impose new limits on medical malpractice lawsuits, and that would also preclude people who claim they have been, have suffered from asbestos poisoning from filing lawsuits. Asbestos was widely used for fireproofing and insulation until 1970's. Studies have shown that inhaled fibers are linked to cancer and other diseases and hundreds of thousands of injury claims have been brought to the courts.
AMY GOODMAN: Today, we're joined by Joanne Doroshow, Executive Director of the Center for Justice and Democracy. Welcome to Democracy Now!
JOANNE DOROSHOW: Thank you.
AMY GOODMAN: Can you talk about the scope of what's happening right now. What does tort reform mean?
JOANNE DOROSHOW: Right, well, it's a bit of a misnomer. It's not really reform at all. All these laws that are under the guise of tort reform are really about taking away people's rights to go to court, taking away their access to the courts, undermining the constitutional right to trial by jury, and it's also, the second part of this is, they're all payoffs to the major corporate contributors of the politicians that are advocating these laws. There's nothing good about them. They're all anti-consumer, they will hurt people, they will make, they will devastate families in this country, and this is a top priority of the Bush Administration. Very unfortunately.
JUAN GONZALEZ: And why so much the push to move these lawsuits out of State Courts and into Federal Courts?
JOANNE DOROSHOW: Right. That's the Class Action Bill. It's a little complicated. It doesn't seem like on its surface that would be such a big deal, but most of these class actions are now brought in State Court. The State Courts are much much bigger than the Federal Court System. All kinds of judges in the State Court System are very familiar with these class actions. And just to step back for a second as to what class actions are, they're a very important tool for consumers that have been hurt by HMO abuses, civil rights violations, all kinds of abuses where some company has gotten a large benefit by hurting large numbers of people with relatively small injuries so that the individual could not go to court on their own, but by joining together, they can effect some kind of change in this horrible corporate conduct. So, they're a critical tool for people. By dumping these cases in the federal court, which is what this law would do, which are already overburdened, and are much smaller than the States, and are not expert in these cases, the intention is, I believe, to throw them out of court, to make sure that they never get to see the light of day. And that's why every civil rights group, environmental group, consumer group, women's group, labor, everybody who has a stake in protecting the public interest is against the Class Action Bill.
AMY GOODMAN: Joanne Doroshow, we've heard about Vioxx and Celebrex, tens of thousands of deaths due to heart attack, to stroke. How does that fit into this?
JOANNE DOROSHOW: Well, attached onto this bill could, if it were to pass Congress, could very well be a mass tort section, which basically includes these large cases against the pharmaceutical companies. So, you'll find that class actions are, these kinds of larger suits against large pharmaceutical companies may be severely restricted, and at the same time, the medical malpractice legislation that the Administration is also pushing, They've just introduced a bill in the house on this, and they're going to possibly even be hearings on this next week, would not only cover medical malpractice cases, but all cases against the drug companies for unsafe drugs and medical devices. As well as nursing home abuse and neglect cases. So, you can see the breadth of these laws, and really what they're trying to do is immunize these really horrible corporations that have been engaged in all kinds of misconduct from any kind of liability.
JUAN GONZALEZ: Well, the President specifically singled out what he called frivolous asbestos suits. I mean I'm familiar with the whole asbestos scandal over the decades, and clearly this has been a particular concern to a bunch of American companies, and as I recall, there was some legislation that has not succeeded to try to create a compensation fund for asbestos victims, because the reality is that when it comes to asbestos, it's been fairly well documented that the companies knew for decades that it was producing health effects and cancer and mesothelioma and hid the information so that no company can defend itself in these suits. They have continued, because hundreds of thousands of people were affected. And there's WR Grace Co., Johns Manville, and Dick Cheney's own Halliburton is facing huge asbestos liabilities. What's up — how would this particularly affect the asbestos battle?
JOANNE DOROSHOW: Right. Well that's the third part of the Bush agenda on liability laws right now, at least. Basically, the idea is to set up a compensation fund as you mentioned, to cover the current and future claims of people that are going to die as a result of asbestos poisoning. Many of the claims are not able to be filed yet. People, this is a latent kind of injury. It takes years sometimes to develop. But these people need to be compensated. So, there is a fund that is being considered to be set up. The issue really is how much money is going to be put into this fund by the insurers, and there's a huge dispute right now as to the amount of money that's being considered as a set-aside to take care of all of these sick and dying people for now and in the future. That's really what the sticking point is. For the most part, I think all of the parties have kind of come together to try to work this out but there are huge divisions. Labor is also very much against this proposal to under-fund the compensation fund.
JUAN GONZALEZ: I have to wonder what a former shipyard worker or former miner, who was listening to, who is maybe suffering from asbestosis or mesothelioma, and is listening to the President say that these are frivolous asbestos suits in terms of the suffering they have been going through?
JOANNE DOROSHOW: Exactly. I mean, he has been using this term frivolous suits for the last two-three years. He has campaigned on this issue hundreds of times. We hear from victims from all over the country all the time, often staunch Republicans that have voted for Republicans in the past that are so offended at their President getting up and saying that their suits are frivolous, whether it's the asbestos victims or the medical malpractice victims, or any victim out there. I mean, and the people that do file these cases, we consider them heroes. They're the ones that are willing to stand up and take on the insurance companies, the health care industry, the companies responsible for asbestos. It really is an extraordinarily difficult thing for people to go to court and sue these companies. You don't realize often how difficult it is. And so for them to get up to have to hear the President over and over again refer to their, to them and their families and their cases, as frivolous is so offensive. It's really actually galvanized a lot of people. We're actually bringing over 50 families down to Washington next week to lobby against these bills. These are people often that have had their cases already finished. They're not going to personally benefit from any of this.
AMY GOODMAN: Can you tell us one story?
JOANNE DOROSHOW: Well, we have some drug injuries. A woman who is a Vioxx victim, a young woman had a stroke, continued to take Vioxx, wasn't told of the horrible, you know, the potential for this, and had another stroke. Young children. Then we have all kinds of medical malpractice victims. A woman, many women who have had children with severe birth related injuries. Whose children are in wheelchairs, brain damaged, blind, for the rest of their life. The President is proposing to cap their non-economic damages at $250,000 to take care of these children for the rest of their life.
AMY GOODMAN: What does that mean, "non-economic damages?"
JOANNE DOROSHOW: Non-economic means compensation for things like blindness, permanent disfigurement, brain damage. It's not the kind of injury that you go and get a receipt for. These are, when a hospital commits an egregious error and your child is blind for the rest of their life, that's what non-economic damages are.
AMY GOODMAN: But their response is, if they're not capped, then people will not be able to afford to get medical care because of the very high malpractice rates?
JOANNE DOROSHOW: Yeah. It's just a false argument. I mean, there are problems with insurance premiums. That's for sure. There are a lot of doctors that are being hit and price-gouged with high, excessive rates. It has absolutely nothing to do with the legal system. The cause of that are the insurance industry's own practices, the investment cycle, they're making up money from lost investments on the backs of their policyholders. They're raising rates and they're sending doctors out there to complain about malpractice rates and screaming, you know, we need to cap lawsuits. Meanwhile, States that have tried to do that have only seen insurance rates rise.
JUAN GONZALEZ: Now in this vote in the Senate Judiciary Committee, there apparently are still some divisions among the Republicans themselves, right? That Senator Specter seems to be staking out a position different from the Senate majority leader, Bill Frist. Could you explain what some of the differences between the Republicans are in this?
AMY GOODMAN: Dr. Bill Frist?
JOANNE DOROSHOW: Yeah. Well, Dr. Frist has been one of the staunchest proponents of these restrictions on people's rights that we've ever seen in the history of Congress. As a doctor, whose family is, has a major interest in a major hospital chain, H.C.A, we know that he has tremendous personal interest in making sure that lawsuits, particularly malpractice suits, are restricted but Senator Specter has always been somewhat more moderate in this area, in fact voted, didn't vote, but was opposed to the restrictive medical malpractice bill last year that Frist was proposing, and you know, he's a lawyer. He understands this, I think, a little bit better than some of the Republicans in the Senate.
AMY GOODMAN: We're going to have to leave it there, but we are going to go on in the next segment to talk about personal bankruptcies, and how half of all of them are caused by soaring medical bills. We've been talking with Joanne Doroshow. Joanne Doroshow is Executive Director of the Center for Justice and Democracy here in New York. Thanks for joining us.
The original content of this program is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. Please attribute legal copies of this work to democracynow.org. Some of the work(s) that this program incorporates, however, may be separately licensed. For further information or additional permissions, contact us.
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Home Uttar Pradesh Places To Visit & Things To Do 8 Famous Tourist Places To Visit in Agra & Things To Do
8 Famous Tourist Places To Visit in Agra & Things To Do
Places To Visit in Agra – Agra is one of the most popular tourist destinations in India as it holds great historical importance. Home to many architectural wonders from the time of the Mughal era, the site attracts thousands of history buffs every year. Further, each historical monuments in Agra have its own story and you will really amaze to explore all of them. It is also home to one of the seven wonders of the World, Taj Mahal.
In addition, it also includes some UNESCO World Heritage Sites such as Agra Fort and Fatehpur Sikri. So there is a long list of Agra Sightseeing from distinctive Mughal culture to heritage monuments and shopping markets. The beautiful city is also famous for its delicious authentic foods and cuisine. So here is the itinerary of famous places to visit in Agra that make your entire journey memorable.
Best Time To Visit – November to March is the ideal time to visit Agra due to the pleasant climate condition. On the other hands, Agra weather remains hot and humid during the summer season and the temperature goes up to 45°C.
Top 8 Most Popular Tourist Places To Visit in Agra & Things To Do –
1. Taj Mahal –
The beautiful city of Agra widely known for Taj Mahal which is one of the most visited tourist places in Agra. Also includes as one of the seven wonders of the World, it is an excellent example of Mughal architecture and craftsmanship. Constructed by Mughal emperor Shah Jahan in the memory of his beloved wife Mumtaz Mahal, it is an eternal symbol of love. Made up of white marble, it is known for its unmatched beauty especially on the full moonlight.
Due to its architectural excellence and historical importance, it was declared as a UNESCO World Heritage Site in the year 1983. Further, it is also famous for its impressive exterior and interior designs that are well planned and executed. Overall, a must visit tourist attraction in the list of Agra tourist places which attracts a maximum number of visitors.
Things To Do At Taj Mahal – Ideal for Photoshoot, Relax in the Garden, Picnic and Get a glimpse of Mughal architecture
2. Agra Fort –
Also known as Red Fort, it is another architectural masterpiece of Mughal era. Built by Emperor Akbar in 1565, it is known for its massive size and large courtyards. Located on the bank of river Yamuna, it is often referred to as a walled city due to its massive size. The fort was used as the royal residence of Mughals until the year 1683 and later declared as a World Heritage Site by UNESCO. Completely made up of red sandstone, the fort has some of the most iconic structures of Mughal such as Moti Masjid, Shish Mahal, Diwan-e-aam and Diwan-e-khaas.
Further, the entire fortress is a symbol of Mughal's grandeur and rich legacy. The fort has four entrance gates out of which Delhi Gate and Lahore Gate are the notable ones. One can also enjoy light and sound show that takes place here in the evening time. In conclusion, the site must be included in the itinerary of places to visit in Agra.
Things To Do At Agra Fort – Photography, Shopping around the Fort, Visit Moti Masjid & Shish Mahal and Enjoy sound & light show
3. Fatehpur Sikri –
Fatehpur Sikri is famous for its numerous historical monuments that are found under one place. The historic city founded by Mughal Emperor Akbar in 1570 AD and it was constructed in honour of a Sufi saint, Sheikh Salim Chisti. It was the Capital of the Mughal Empire from the year 1571 to 1585. Made up of using red sandstone, the city displays a perfect blend of Indian, Persian and Islamic architecture. Some of the famous heritage monuments include here like Buland Darwaza, Jama Masjid, Tomb of Salim Chisti, Ibadat Khana and Jodha Bai's palace.
Further, the city enclosed by 6 km long fortification wall which has several towers and gateways. Later it was declared as a UNESCO World Heritage Sites in the year 1986. Today, it is one of the most important tourist destinations in Agra for all history buffs and archaeological lovers.
Things To Do At Fatehpur Sikri – Explore the various Mughal heritage monuments, Photography and Get some archaeological knowledge
4. Itimad-ud-Daulah Tomb –
There are many historical places in Agra whereas the Tomb of Itimad-ud-daulah is a perfect example of Mughal mausoleum architecture. Also known as Baby Taj, it is an inspiration for the construction of the Taj Mahal. Constructed in honour to Mir Ghiyas Beg, who was a minister in the court of Shah Jahan and the father of Noor Jahan. Located on the bank of river Yamuna, it was the first tomb in India made up of marble.
Further, the monument displays the glorifying past of Mughal architecture in Agra. In addition, the design of this historical monument influenced by Indo-Islamic architecture with a little bit of a touch of Persian architectural style. Undoubtedly, one of the most picturesque places to visit in Agra due to its sheer beauty and architectural intelligence.
Things To Do At Itimad-ud-daulah Tomb – Relax in the garden and Enjoy the architectural marvel of the Mughal era
5. Akbar Tomb –
Located in Sikandra, Akbar Tomb is one of the most significant tourist attractions in Agra as it is an important architectural masterpiece of the Mughal era. The construction of this tomb started in 1600 by Emperor Akbar himself and after the death of Akbar in 1605, it was completed by his son Jahangir in 1613. Spread over an area of 119 acres, it is made up of red sandstone and white marble.
Surrounded by beautiful huge gardens, large courtyards and a marble pavilion, it looks more majestic and magnificent. The main tomb beautifully carved with latticework screens. Whereas the basement area decorated with paintings in golden, green and blue hues. Being an excellent masterpiece of Mughal architecture we advised that must include this site in the itinerary of Agra tourist places.
Things To Do At Akbar Tomb – Take a casual stroll in the Garden and See architectural marvel of Mughal era
6. Jama Masjid –
Also known as 'Friday Mosque', it is one of the largest mosques in India built by the Mughals. Constructed around 1648 by Shah Jahan, it was dedicated to his favourite daughter Jahan Ara Begum. It is said that the construction of this mosque took around 6 years to complete with an effort of 5000 workers. Made up of using red sandstone and white marble, it consists of five arched entrances and three large domes.
One can also find the tomb of great Sufi Saint, Sheikh Salim Chisti within the mosque complex. A water fountain also founded in the middle of the mosque which is supported by four kiosks in the courtyard. It also overlooks the famous Agra Fort and Railway stations. Due to its unique design and religious importance, it is a must visit tourist attraction in the list of places to visit in Agra.
Things To Do At Jama Masjid – Offer Prayers, Visit tomb of Sheikh Salim Chisti
7. Mehtab Bagh –
Located in the vicinity of Taj Mahal alongside river Yamuna, Mehtab Bagh is one of the most scenic tourist spots in Agra. The park spread over an area of 25 acres and considered to be last Mughal Gardens in Agra. Also known as 'Moonlight Garden', as one can get a beautiful reflection of Taj Mahal on the full moon night. Besides that, the site is very popular among photography fanatics and nature enthusiasts.
During the sunrise and sunset, that park offers many spectacular views that soothe every tourist's eyes. There are plenty of pools, pavilions, floral plants and fruit trees which add to the beauty of the park. For nature admirer and peace seeker, Mehtab Bagh is one of the best places to see in Agra and should not be missed.
Things To Do At Mehtab Bagh – Nature Walk, See a variety of floral plants & fruit trees, Photography
8. Wildlife SOS –
Wildlife SOS is an animal rescue and development organisation that works in the direction of protecting and conserving wildlife in India. It was established in the year 1995 by a group of individuals. The initial aim of this organisation is to rescue dancing bears of India. The organisation also have several other active projects to protect other wildlife animals such as leopards, elephants, reptiles etc. Located at Delhi-Agra road inside Sur Sarovar Bird Sanctuary, it remains open for seven days. Overall a unique tourist place in Agra which offers an inspiring experience for the lifetime.
Things To Do At Wildlife SOS – Wildlife Photography, Spot Wildlife animals and Charity to protect wildlife species
So these are the most famous tourist places to visit in Agra that attract tourists from all around the World. Being a home to many architectural wonders, it is a must visit tourist destination in India for history buffs. Further, if you want to explore the rich culture and heritage of India then must explore all the above mention heritage sites in Agra.
Best Agra Tourist Places to visit
Best World Heritage Sites in Agra
Famous Tourist Places in Agra
Historical Monuments in Agra
Incredible Tourist Places to see in Agra
Most Popular Tourist Attractions in Agra
Top Tourist Destinations in Agra
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redpajama_set_name: RedPajamaCommonCrawl


Bob Baffert has spent his whole life following D. Wayne Lukas.
As a teenager at the quarter horse track in Arizona where Baffert tagged along with his dad and learned about racing, he looked up to Lukas as a legend.
Baffert even asked Lukas for a job out of high school. Lukas turned Baffert down, but in the four-plus decades since, they've developed a friendship as deep as their combined success.
They are two of the best thoroughbred trainers in racing history and their paths are crossing again this week at Pimlico Race Course in Baltimore. They will go head to head in the Preakness, a race that each has won six times.
Baffert goes into the Preakness with Kentucky Derby winner Justify , the heavy favorite to advance to the Belmont Stakes with the chance to give the 65-year-old his second Triple Crown champion in four years. A win Saturday would tie the 83-year-old Lukas' record of 14 Triple Crown victories.
Lukas said Baffert "is going to roll right past that" mark.
Baffert's dad got him involved in horse racing at age 11 and he considers his father his mentor – but he holds Lukas in high regard. Lukas has been an icon and rival for Baffert over the years, especially in the 1990s and 2000s when owner Bob Lewis pitted the two against each other.
Calling Lukas one of the hardest workers he has ever seen, Baffert set out to duplicate those efforts with incredible success. Lukas and Baffert just kept winning – including a combined 34 Breeders Cup' races to go along with the Triple Crown victories – and became closer along the way.
Baffert has done such a good job that Lukas considers him one of the top three or four trainers in history. If Justify wins Saturday, it would tie him with 19th-century trainer R.W. Walden for the most Preakness victories.
Leading up to Saturday's race, Baffert will again share a barn with Lukas, who is looking for his first win on the Triple Crown trail since 2013. Despite the drought, Lukas is still the standard by which many younger trainers measure themselves.
Baffert has come a long way from the 18-year-old who Lukas had no job for back in the day. Baffert ended the 37-year-old Triple Crown drought with American Pharoah in 2015 and continues to build his resume race by race.


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COC partners with data analytics powerhouse SAS®
On Wednesday, the Canadian Olympic Committee (COC) announced an eight-year partnership with SAS Canada. This deal marks the COC's first ever analytics partnership that will give the sport community the most advanced data technology available to help athletes reach the Olympic podium. The COC is the first National Olympic Committee to form a long-term partnership…
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About 90 young athletes attended an open audition for potential Olympic competitors at the Langley Events Centre on Sunday. The Langley event was the first of five regional qualifiers in B.C. that aim to uncover young, untapped athletic talent. Kurt Innes, director of talent development at Canadian Sport Institute Pacific, described the RBC Training Ground…
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Velvet Paw Creations: Day 7 of 12 Days of Creepmas!
I can quite imagine swimming might be a tad difficult when you're a skellie!
See you again on Monday Dec 15th for Day 8 of 12 Days of Creepmas!
This book is coming along beautifully. I continue to sing along.
Another beautiful background and spectacular skellie swan.
I am event planner at my aunt and mom's 50-56th wedding anniversary party tonight. So when I saw your swan all I could think about was the lovely lake where people wed with dozens of skelly swans swimming! I laughed til I cried! Love these pages, Leigh! The background is so fab! And love the shiny parts....!!
Another super page in your altered book. I love the shine from the glossy accents!
Yet another great page in your little book! I just love the way you are doing these pages!
This little book is so brilliant! I love it! Another great page!


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How the Daniels Made Swiss Army Man (a.k.a. the Daniel Radcliffe Farting Corpse Movie)
Toward the end of filming Swiss Army Man, it was time to tackle one of the movie's most difficult shots. It involved a bear, fire, and numerous stuntpeople, and, co-director and co-writer Daniel Kwan tells mental_floss, "it was day three or four of our overnight shoot, so we were kind of already losing our minds."
"Losing our minds," echoes the film's other director and writer, Daniel Scheinert.
"We could never shoot the bear while the actors were on set," Kwan continues. "We had to shoot [the scene] in pieces. It was really tough, but … pretty much everything was really difficult to shoot. It was all hard."
The duo, who go by the name Daniels, met at Boston's Emerson College in 2008 and started making videos together shortly thereafter—first, short films (in one, posted to Vimeo in 2009, they face-swapped half a decade before it was cool), then bizarre-but-delightful music videos (DJ Snake and Lil Jon's "Turn Down for What" and Chromeo's "When the Night Falls," among others). Swiss Army Man, out nationwide today, is their first feature. In the opening scene, Hank (Paul Dano) rides a flatulent corpse (Daniel Radcliffe) like a jet ski off a deserted island. And things only get weirder—and more wonderful—from there.
"The film is one big narrative experiment, I guess," Kwan says. That experiment, according to Scheinert, was, "how can you make an accessible movie with this as a premise? Can we make someone cry with a fart? And can we make our moms like it, even though it's about boners? That was our goal."
Swiss Army Man began not as a feature, but as a short film. Kwan and Scheinert would often pitch each other "stupid ideas," Scheinert says, and the one that would eventually become Swiss Army Man was Kwan's: A man, stranded on a deserted island, finds a dead body. He feeds it beans, then rides the fart-powered corpse off the island with tears in his eyes while a gorgeous score swells in the background.
Scheinert was immediately on board, despite Kwan's protests. "Literally, there's no point to it," he told Scheinert. "It is a meaningless little story." But Scheinert would not be dissuaded. "What are you talking about? It's beautiful," he responded. "It's the most beautiful thing you've ever pitched to me. We have to make it."
But the concept was too expensive for a short, so they shelved the idea—until a couple of years later, when it resurfaced. As they were fleshing the story out, trying to figure out how to make it work, "20 of our old ideas suddenly squished together," Scheinert says. "What if the corpse is coming back to life, and [the live guy] has to explain to the corpse why they need to get home in order to get the corpse's help? [And he's] reenacting memories and trying to, in the middle of the forest, explain life to a super-powered corpse while surviving?" Their Swiss Army Man would be not just a companion, but a jet ski (Kwan's idea became the movie's opening scene), a canteen (recalling imagery from Daniels' 2011 short, My Best Friend's Sweating), a compass (via an erection—an effect you might recognize from the "Turn Down for What" video), an axe, a shotgun, and other equally weird and awesome things.
Many people who heard the premise, Kwan says, said it sounded perfect for a short film. But the duo knew it could only work as a feature. "The thing that made us realize this was probably going to be our first feature is when we just had too many ideas for it," Kwan says. "And we were like, 'OK.'"
"At least," Scheinert reasoned, "we won't get bored."
What does a script look like when one character can't emote or move on his own, and must often move in tandem with the other main character? The Daniels knew exactly what they wanted, but it wasn't easy to explain. "We'd have to put in kind of weird paragraphs in the middle of the script that'd be like, 'Just so you know, his lips aren't moving here or they are moving here, or he's on vines,'" Scheinert says. "'We say walk, but he never walks.' 'We say that we're in a bus, but it's not a bus. We never go to the bus.' We had to be really explicit."
They also put together what Kwan calls "a huge image … treatment board kind of thing" that they would eventually weave into the script, with pictures every few pages and suggested music to listen to. "On paper, logically, these ideas are so ridiculous and not something you would ever waste your time on," he says. "To get the tone, the idea, and what we were going for, we had to infuse it with music and imagery so people could feel the contradiction and the beauty of those contradictions. It was a multimedia experience in order to get people in the right headspace, because on paper it's insane."
Because of the content of the script, Daniels didn't just send it out to anyone. "We were very slow to ask anybody to be involved," Scheinert says. According to Kwan, "We had to be careful, because this script could turn a lot of people off. So we had to pick our people wisely."
But that worry was largely for nothing: Dano and Radcliffe were the first guys they asked to be in Swiss Army Man, and casting them, Scheinert says, was the easiest thing about making the film: "All we had to do was ask, and they said yes. And we were like, 'Holy s***.'"
According to Kwan, Dano had seen their stuff just a week before they sent him the script. "He emailed his manager and was like, 'I want to know what these guys are up to,'" he says. "The next week, we just happened to send him the script because we had already been talking about sending it to him. It just kind of aligned in a way."
Dano tells mental_floss that when he read the script, he immediately started telling his friends about it, "Being like, 'there's this thing that's like, dead bodies, and all these farts ...' I thought it was brilliant. I was pumped."
Radcliffe was not as familiar with Daniels and their work as Dano was, but he loved the script. "It's just exciting to read something that's so original," he tells mental_floss. "You go, 'Great, there are still people out there who are into making crazy movies.' But also, it's craziness with such intellect and heart, as well. I was just excited." After he accepted the role, the Daniels took a cast of Radcliffe's face to make a dummy in his likeness. They also made a cast of his butt. (Scheinert recalled in a featurette that when they asked, Radcliffe told them, "If I don't let you do my butt, I have no idea who you're going to use. So I want you to do my butt.")
With their main actors cast, Daniels retooled the script. "We didn't write it for them, but we rewrote it for them," Scheinert says. "They evolved into our dream duo." Manny, for example, went from a sarcastic corpse to "a wide-eyed sweetheart, because that's what Daniel Radcliffe is like," Scheinert says. "And we were like, 'If we put this sweet boy at the middle of our movie, less people will walk out.'"
Dano notes that "the physical arc [Daniel] created for this character was pretty impressive," and, according to Radcliffe, he had lots of help from the Daniels, who, on set, often demonstrated how they wanted things to look themselves.
"It was a lot of fun," Radcliffe says of creating the corpse's movement, which starts out stiff and gets less so as the film goes on. "I got a huge amount of help there from the Daniels. They knew exactly what they wanted out of Manny at every stage. [For example], if I was ever talking slightly too well they'd come in and say 'Hey, can you take the edge off? You sound a little too articulate.' When you know that the directors know exactly what they want it really frees you up to try stuff, because you know that if you're ever doing too much or too little, they'll pull you in the correct direction."
The cast and crew shot Swiss Army Man over the course of five weeks. They were on a tight budget and schedule with many, many constraints—all things that are rough on a regular indie. But Swiss Army Man includes musical numbers, elaborate props built from things found in the woods, scenes involving small woodland creatures and a Daniel Radcliffe dummy, and highly physical action sequences. "We were just stretching every dollar as far as it could go, and calling in as many favors as possible," Kwan says. No wonder they were exhausted when it came time to shoot the scene with the bear.
There were times, throughout the process, when being a directing team came in handy. Early in their careers, there was a sharp delineation between their duties—a former improv guy, Scheinert would talk to the actors, while Kwan handled things like story structure and special effects—but over time, they've learned a lot from each other and these days perform all duties interchangeably. "We also take turns pushing each other to make sure we aren't settling," Kwan says. "Every step of the way there's something that can make you stop and go, 'Maybe we shouldn't do this.' And I think having someone to tag team with—who says, 'No, this part is really important and I will fight you for it'—is really important, because [you can] step back and let that person [take over]."
Despite their constraints, the directors still changed things constantly on set, according to Scheinert, which made things both more fun and more challenging. "I think a lot of our most successful projects were ones that we didn't get bored of," he says. Kwan agrees: "We kind of set ourselves up with a long runway with a lot of hurdles, knowing that that will help the process. So this film probably had more hurdles than we should've had."
The duo was problem-solving during pre-production, production, and through the edit, according to Scheinert. "In post-production we'd be like, 'Oh, we finally cracked it!'" he says. "And then, we'd screen it, test it on a couple of folks, and realize, 'Oh, we just jumped one hurdle and found a new one.'"
Aside from hoping to make audiences cry with a fart (and gaining their moms' approval), Daniels had another goal in mind for Swiss Army Man. "We wrote and shot it trying to make it worthy of the theater," Scheinert says. "We're not going to compromise on the aesthetics. The effects are going to look good. It made it harder, but I think we kind of pulled it off."
Mary Elizabeth Winstead, Daniel Scheinert, Daniel Swan, Daniel Radcliffe, and Paul Dano at the Sundance Premiere of Swiss Army Man. Photo courtesy Getty Images.
Immediately after Swiss Army Man premiered at the Sundance Film Festival in January, the film took on a particular label. But now, as their movie goes into wide release, Scheinert and Kwan say that it does not weird them out, or even disappoint them, that Swiss Army Man is known as "The Daniel Radcliffe Farting Corpse Movie."
"We can tell [when] an idea has a sound-bitable description, and it's always good," Scheinert says. "It's so valuable because it creates a shorthand, and people will talk."
And they heard some of that talk at Sundance. "Two people [were] walking down the street, and one of them goes, 'Oh, have you heard about that farting boner Daniel Radcliffe movie? It's actually good,'" Kwan says. "I love contradictions, because they force people to look at the world in a different way. So it's exciting if people hear that that's the label, but [the film is] worth their time and it's something beautiful. That's a really great anomaly, I think, that we've pushed out into the world."


Mrs. Preeyaphan Piyaanun, joining to share their experience of the Small and Medium Enterprise Development Bank of Thailand (SME Bank), opened the seminar on ???Strategy for African Markets Penetration??� to provide the bank???s customer an understanding on exporting business with African countries. The seminar was presented by the expert from the Department of Export Promotion, Thai entrepreneurs who have successful exporting businesses in African countries, as well as businessmen from the Federal Democratic Republic of Ethiopia and the Republic of Ghana joining to share their experience, at Chulabhorn Research Institute Convention Center, February 28 2007.