Coyote Blog

It's not downsizing, or bias, or general shallowness (though those are all contenders).

It's the click bait top 10 list, which requires 10+ clicks to see what could be shown in a table taking about 2 column-inches of space.

Here is a particularly irritating example, as it was a topic I was interested in.  Here is a taste of the article:

To measure the states that are most attractive to Americans on the move, we developed an “attraction” ratio that measures the number of domestic in-migrants per 100 out-migrants. A state that has a rating of 100 would be perfectly balanced between those leaving and coming.

Overall, the biggest winner — both in absolute numbers and in our ranking —  is Texas. In 2014 the Lone Star State posted a remarkable 156 attraction ratio, gaining 229,000 more migrants than it lost, roughly twice as many as went to No. 3 Florida, which clocked an impressive 126.7 attraction ratio.

Most of the top gainers of domestic migrants are low-tax, low-regulation states, including No. 2 South Carolina, with an attraction ratio of 127.3, as well as No. 5 North Dakota, and No. 7 Nevada. These states generally have lower housing costs than the states losing the most migrants.

So what would you expect to see next?  A nice graphic -- a bar chart perhaps but at least a color-coded map -- showing the data for all 50 states.  But no, we can't have that.  All we get is this clicky thing -- the same technology used by web sites to show the "you won't believe what these 10 child actors look like today" results.  20+ page views to see 20% of the data.

The MPAA wrote me back in response to my post here thanking our local paper for actually considering (for the first time I have ever seen locally) that subsidizing movie production locally might not be a good idea.  The MPAA sent me a response, which in full is online here.

I will state in general that the whole academic sub-field of making net economic contribution calculations (always full of fact juicy multipliers) is a total write-off in my mind.  You can pretty much throw out everything you read as crap.  Because most are funded by the folks (e.g. sports team owners) who want the subsidy, so the analyses almost always miss the unseen:  Here are all the job gains and benefits in our industry!  But these studies almost always miss the opportunity cost effect of taking tax money and revenues from other industries.  Besides, I truly believe the economy is far too complicated to pull out one single variable out of billions and forecast changes to overall economic numbers from changes in that single variable.

Here is the email I wrote back:

Sorry, but all industry-specific government subsidies are a total useless gravy train for the politically-connected industries that are able to obtain them.

1. These state subsidies are only shifting jobs from state to state.  Why should Americans be paying taxes just to move companies to different places around the country?
2. The implication is that somehow your jobs you provide are better than the jobs my company provides, since you get taxpayer money handed to you and I don't.  Why?  Can you really make an academic argument that your multiplier of your jobs is somehow higher than my employees' multiplier?  Your jobs last 3 months or so in my state, and the highest skilled and highest paid jobs go to people who travel only temporarily in from out of state.    My jobs in my company have lasted for over 25 years.  Remember -- you are essentially demanding that I be forced to pay money from my business to yours.
3. Markets do a really good job of allocating capital.  No industry, I suppose, feels like investors give them all they deserve.  But what you are doing in effect is demanding that the market's allocation of capital be interrupted, and capital that would have been used for other purposes should be forced to be used for your purposed instead.  What basis do you have for claiming this?  And do your analyses ever consider the opportunity cost of what that tax money you are using would have been used for if it were not grabbed away for you?
4. Your problem is basically that your movies don't make enough money on their own to cover costs and you need taxpayers to make up the difference.  After all, you are arguing that less activity would occur without these subsidies so these subsidies must be the difference between losing and making money (and thus between greenlighting and turning down certain projects).  To which I would provide a suggestion -- you need to do what all the rest of us business owners who don't have access to Uncle Sugar's money spigots must do when revenues don't cover costs:  Fix your costs or increase your revenues.  Make better movies or get your costs under control.  Don't demand that I, as a taxpayer, have to make up the difference because you are too lazy or greedy to fix your own financial problems.
5. I can't prove it, but I am not at all convinced subsidies make more movies.  I think that subsidies tend to just increase the income of those in the movie production chain with the most bargaining power, such as actors and producers.  This certainly is what has happened with sports subsidies.  We insanely subsidize every pro sports team in America.  Do you really think we would have fewer pro sports teams without the subsidies?  No -- the subsidies have simply flowed to increasing the income of the top athletes and team owners.

At the end of the day, your industry is particularly good at getting this money forced out of taxpayer hands for two reasons.  The first  is that politicians hope for financial support from you in the next election.  Hell, you might even convince me that local small-time politicians do it entirely just for a photo op with some actor or celebrity.    And the second is that you make for a sexier press release.   Politicians like saying they funded Apple or Tesla or highbrow art like "Sausage Party" -- it makes for a better soundbite in their campaigns than saying they funded a call center or a machine shop.

Update:  The Tax Foundation has also replied to the MPAA

Aspirin is grandfathered from all the FDA silliness, right?  That's what I thought until this:

But if the FDA gets its way, nitroglycerin will not be obtainable for pennies. The situation was stable until Pfizer went through the time and expense required to test its particular version of nitroglycerin, Nitrostat, which the FDA approved in 2000. Once the FDA did that, other versions became officially "unapproved." In 2010, the FDA sent warning letters to two companies, Glenmark and Konec, ordering them to cease marketing their versions of nitroglycerin, known as sublingual nitroglycerin tablets, leading to the New York Times headline above. The article quotes Dr. Harry M. Lever, a cardiologist at the Cleveland Clinic, who said, "If it's not approved and no one has tested it, we can't be sure that it's safe and effective." He added that if patients with angina took substandard or ineffective nitroglycerin tablets, their pain might not subside and the problem could potentially progress to a heart attack.

His statement is false. The unapproved versions have been tested in three important ways: the companies that manufacture these drugs thoroughly vet them to make sure that they are pure and offer a consistent dose of nitroglycerin; these marketed drugs have been tested in the bodies of millions of Americans in regular medical practice over many years; and many different organizations have tested nitroglycerin in countless clinical trials.

I can't think of anything about the situation in nitroglycerin that doesn't obtain for aspirin.  By this, all it would take would be for one company to have the cojones and cash to get FDA approval for their aspirin and they might be able to wield a monopoly.

After 20+ years of technical, economics, and business analysis, I will offer up my best piece of advice to young data analysis folks looking to make an name for themselves:  Focus on the mix.  Or more particularly, changes in the mix.

The mix of what?  It could be most anything.  Here is a recent example from economics, arguing that the slowdown in wages is in part due to a mix shift in the country's employment to lower-paying industries.  In the corporate world, it could be the mix of markets, or customers, or regions.   Typical metrics used in the business world almost always miss mix.   In a large aerospace company, we had the irritating situation that the profitability of every single product line was rising at the same time revenues were rising but overall profitability was falling.  The problem was the mix.  The most profitable product lines were all on older aircraft, ironically because they were the least reliable (aerospace parts companies have traditionally operated on a razor and blades model, so that more failures let one sell more really profitable aftermarket parts).  As airlines modernized, our mix shifted to new product lines which were less profitable.  This difference in profitability was also due to a mix shift -- since newer products were way more reliable, more newer aircraft in the fleets shifted the mix from aftermarket sales (which were astoundingly profitable) to OEM sales (which were often made at a loss).

Apparently, BLM is now protesting for climate action of some sort, temporarily closing an airport in the UK.

BLM has created a very hot brand, and at least for certain segments of the population, it has a lot of accumulated virtue credits.  Now, everyone on the progressive Left wants to use that brand and those virtue credits, and are trying to shove their particular issues under the BLM tent.  BLM is thus in the process of being hijacked.  I give the movement about 60 days to get its messaging in order before its power to actually affect its original issue (police and proprietorial abuse) is at an end.  That doesn't mean that BLM will go away -- if successfully jacked it may be around for decades, but it will be just another progressive shell organization.  This will make its leaders more prominent and even perhaps a lot richer (think gigs at MSNBC), but it will make the goal of getting more accountability applied to police forces a dead letter.

A while back, I implied that Colin Kaepernick's refusing to stand for the National Anthem may have been in part a strategy to avoid being cut from the 49ers.

I apologize.  Even if that were true -- and it was pure speculation on my part -- he has done everyone in this country a favor.  Until a month ago, there was no ceremony much more empty than the pro forma singing of the National Anthem at sporting events.  As I wrote before,

I am not a big fan of enforced loyalty oaths and patriotic rituals, finding these to historically be markers of unfree societies.  For these sorts of rituals to have any meaning at all, they have to be voluntary, which means that Kaepernick has every right to not participate, and everyone else has every right to criticize him for doing so, and I have the right to ignore it all as tedious virtue-signalling.

In the past, people stood for the national anthem because that is what you do.  Mindlessly.  It was, for many, a brief ritual before you got to the good stuff.  It was singing happy birthday before you got the cake. (I am speaking for the majority of us, I know there are folks who have always approached the anthem as a deep and solemn rite).

But this weekend, suddenly, and perhaps for the first time at a ball game, everybody who stood up for the National Anthem at an NFL game likely thought about it for a second.  They were not standing just because that was what everyone else was doing, they were standing (or sitting) to make some sort of statement, and what exactly that statement was took a bit of thought.  Standing for a ceremony that has 100% dutiful participation means zero.  Standing for a ceremony with even a small number of folks who refuse has a lot more meaning.

So thanks, Colin.

Well, it appears that Black Lives Matters has moved on to climate activism, or whatever, but has mostly fallen off message on police accountability.  Protests in the vague hope of ending racism by closing busy highways and airports and kneeling during the National Anthem are going to get nothing done -- the solution to the problems that sparked the BLM movement are to be found in legislative efforts to create better police accountability measures and to roll back a number of egregious protections from accountability that exist in many union contracts.  The solution is not to throw blanket hate on police officers, many or most of whom are doing a good job, but to recognize that when we give officers unique powers to use force, they need extra accountability to go with those powers.  Today, most police have less accountability for their use of force than you and I do.

Unfortunately, doing that is hard.  It is a tough legislative slog that has to go local city by local city, with few national-level shortcuts available.  It faces opposition from Conservatives who tend to fetishize police, and from Liberals who are reluctant to challenge a public employees union.  And it requires that BLM translate their energy from disruption and attention-grabbing (which they are very good at) to policy and legislation, which they have shown no facility for.  They need to be working on model legislation and pushing that down to the local level.  This original plan actually looked pretty good, but apparently it has been rejected and gets little or no attention.

As a result, BLM seems to be stuck in a pointless do-loop of disruption and virtue-signalling.  I just want to scream at them, "OK, you have our attention -- and many of us are sympathetic -- what in the hell do you want done?"  Unfortunately, their current lists of goals have almost nothing to do with police accountability and appear to be a laundry list of progressive talking points.  It appears to be another radical organization that has been jacked by the Democratic establishment to push mainstream Democratic talking points.

Here is a good example, for a number of reasons.  In the past, the officer likely would have been believed and the woman might have been convicted of something.  I think this happens to people across the racial spectrum, but African-Americans have had a particularly hard time -- given both racist perceptions and lack of good counsel -- in these he-said-she-said cases with police.  Not to mention that African-Americans -- for a variety of reasons including racial profiling in things like New York's stop and frisk program to the tendency of poor black municipalities to fine the crap out of their citizens to generate revenue -- come in contact with police disproportionately more often.

I offered my plan to help African-Americans a number of times in the past:

• Legalize drugs.  This would reduce the rents that attract the poor into dealing, would keep people out of jail, and reduce a lot of violent crime associated with narcotics traffic that kills investment and business creation in black neighborhoods.  It would also reduce the main excuse for petty harassment by police that falls disproportionately on young black men.  No it's not a good thing to have people addicted to strong narcotics but it is worse to be putting them in jail and having them shooting at each other.
• Bring real accountability to police forces.  When I see stories of folks absurdly abused by police forces, I can almost always guess the race of the victim in advance.  I used to be a law-and-order Conservative that blindly trusted police statements about every encounter.  The advent of cell-phone video has proven this to be supremely naive.  No matter how trusted, you can't give any group a pass on accountability.
• Eliminate the minimum wage   (compromise: eliminate the minimum wage before 25).  Originally passed for racist reasons, it still (if unintentionally) keeps young blacks from entering the work force.  Dropping out of high school does not hurt employment because kids learn job skills in high school (they don't); it hurts because finishing high school is a marker of responsibility and other desirable job traits.  Kids who drop out can overcome this, but only if they get a job where they can demonstrate these traits.  No one is going to take that chance at $10 or $15 an hour
• Voucherize education.  It's not the middle class that is primarily the victim of awful public schools, it is poor blacks.  Middle and upper class parents have the political pull to get accountability.   It is no coincidence the best public schools are generally in middle and upper class neighborhoods.  Programs such as the one in DC that used to allow urban poor to escape failing schools need to be promoted.

If you don't believe me, check out the NLRB's essentially no-show status in this case.  Had the employer engaged in even 1% of the practices the union had, the NLRB would have intervened in a second

In 2005, the SEIU decided to try to break into Houston by pushing “justice for janitors.” It began persuading the biggest janitorial companies in town to accept Local 5 as the representative for their workers. Five firms agreed. The sixth was Professional Janitorial Services.

The union wanted to organize workers through “card check,” which allows it to pressure workers one by one to sign an “authorization for representation.” But PJS insisted on a vote by secret ballot, as is its right.

The union responded with a campaign whose goals, according to internal emails entered into evidence, were to “cost PJS money” and “cost PJS accounts.” It accused the company of withholding workers’ pay, forcing them to work off the clock, and firing those involved with the union—none of which was substantiated.

The union filed “unfair practices” complaints against the company to the National Labor Relations Board, then withdrew some of them before they could be disproved. It filed a lawsuit against PJS that was dismissed. Mr. Zavitsanos argued to the jury that the union was trying to use these processes to libel-proof itself, since it cited the legal actions to substantiate its attacks on PJS.

The union sent letters to the building-management companies that contracted with PJS, spreading accusations. It circulated vicious fliers at disruptive demonstrations. One building manager said in a deposition that she fired PJS after protesters stormed her conference rooms while tenants were using them. PJS lost a dozen contracts. Usually somebody from Local 5 would email a colleague to take credit, which made damages easy to prove once the emails were discovered. In 2007, PJS announced in a press release that it would sue the union for “harassing and intimidating our customers along with companies and individuals that may be contemplating doing business with us.”

Mr. Zavitsanos argued to the jury that the Local 5 was operating out of an official SEIU playbook. This document, called the “Contract Campaign Manual,” surfaced five years ago in a different case, a racketeering lawsuit brought against the union by the food-services company Sodexo, which ultimately was settled. The manual advised union workers to “disobey laws which are used to enforce injustice against working people” and to threaten managers with accusations of racism or sexism.

Note that the Left came within an ace several years ago of eliminating secret ballots in union authorization votes.  The Left argued that card check was functionally equivalent to a secret ballot, but if this is true, why is the union going through so much trouble to avoid a confidential vote?

Nick Gillespie discusses the difficulty artists have had grappling with 9/11, and suggests two that did a particularly good job.  I was not familiar with the Elton John performance and it did not really move me seen today out of context from its original airing.  But I did see the documentary "Man on Wire" and think it's fabulous -- the world is made better by peaceful eccentrics and Philippe Petit's story of walking a tightrope between the twin towers is amazing.  It should be noted that he developed his overpowering vision of walking a wire between the two towers before he had ever once climbed on a tightrope.

I would like to add one more successful artistic treatment of 9/11 -- the Onion's 9/11 issue.  The issue was in its way as brave as Petit's tightrope walk, as it came out when no one was joking about the tragedy (hell, no one really attempts to address it with humor to this day).  But the Onion staff put out an amazing issue that was both funny and respectful and a spot-on tribute.

The entire archive is here, keep scrolling some of the best are at the bottom.  But even the small throwaway details are great -- who else in September of 2001 could have written the (likely spot-on) headline "Rest of Country Temporarily Feels Deep Affection for New York"?  And perhaps it is just me, but I still laugh at stuff like this, particularly in this age of virtue-signalling.

Dinty Moore Breaks Long Silence On Terrorism With Full-Page Ad

NEW YORK—Nearly two weeks after the attacks on the World Trade Center and Pentagon, the makers of Dinty Moore beef stew finally weighed in on the tragedy Monday with a full-page ad in USA Today. "We at Dinty Moore extend our deepest sympathies to all who have been affected by the terrible events of Sept. 11, 2001," read the ad, which pictured a can of Dinty Moore beef stew at the bottom of the page. "The entire Dinty Moore family is outraged by this heinous crime and stands firmly behind our leaders." Dinty Moore joins Knoche Heating & Cooling and Tri-State Jacuzzi in condemning terrorism.

Direct links to a few of the lead articles:

U.S. Vows To Defeat Whoever It Is We're At War With  (an article that highlights what is still the major problem in the supposed war on terror)

Hijackers Surprised To Find Selves In Hell

God Angrily Clarifies 'Don't Kill' Rule

American Life Turns Into Bad Jerry Bruckheimer Movie

For those who are younger and don't remember the day that well, the last article may seem a little random, but one of the odd reactions one heard everywhere on 9/11 was people saying that the jets ramming the towers and the later collapse of the towers all looked like a movie, like things we only expected to see in special effects and not in real life.

Speaking of movies, I was in Manhattan that day -- in the championship of bad timing awards, I was scheduled to make a presentation at 9am on 9/11 to a group of investors asking them to invest in our commercial aviation internet venture, making the pitch that the commercial aviation industry (which had been slumping a bit) was poised for a turnaround.  Anyway, one thing I have never seen reported much is what Manhattan was like that night.  I was stuck in the city, planning to leave the next day in the last rental car available.  I was wandering the city looking for dinner, happy I suppose to have been only lightly touched by the disaster, not knowing yet that several of my friends from business school had died that morning.  The authorities had been letting everybody leave the island through the bridges and tunnels, but no one, not even taxis or public transportation, was being allowed back in.  By the evening, the city was deserted, like a scene out of a post-apocalyptic movie.  Perhaps one car every 10 minutes came through Times Square.  The quiet was astounding, probably the quietest the city had been then or since for 200 years.

This WSJ article's hook is a huge cache of raw aluminum photographed in the Mexican desert.  American aluminum manufacturers claim that this is Chinese aluminum being illegally transshipped through Mexico to get a lower tariff rate.

The U.S. Commerce Department says it is investigating the Mexican aluminum’s origin as part of a slew of trade complaints by the U.S. metals industry against China, many of which include allegations of transshipping.

China’s booming industrial production has reordered global markets, few more dramatically than aluminum. Fueled by access to inexpensive electricity and tax breaks, Chinese aluminum output doubled between 2010 and 2015. With local demand slowing,more of it was sent to the U.S., which was importing 40% of its aluminum by 2015—up from only 14% in 2010.

By the end of 2016, only five aluminum smelters will be operating in the U.S., down from 23 in 2000.

Alcoa Inc., the largest American aluminum maker, is splitting in two, isolating its profitable parts-making units from its troubled raw-aluminum operations. Alcoa Chief Executive Klaus Kleinfeld last year said illegitimate Chinese exports were “the major driver” of lower aluminum prices.

I suppose to an incumbent who has convinced himself that he has a God-given right to his historic market share, new sources of competition are always "illegitimate."  But through the whole article I kept asking myself, why are we forcing these folks in China to jump through so many hoops just to bring us lower-cost aluminum?  Given how fundamental aluminum is to almost every manufactured product today, we should be welcoming them as heroes, not forcing them to play silly games in the Mexican desert just to deliver their product at the price they want to sell it for.

It turns out that all this government effort to "protect" us from lower cost aluminum is to support an American aluminum industry that is tiny, maybe 2% of world production.

The industry would argue that the lower prices of Chinese imports are "illegitimate" in part because the sales price in the US is subsidized by Chinese taxpayers.  To which I answer, "so what?"  Or actually, to which I answer, "yay!"  If another country's taxpayers want to pay higher taxes so that they can provide valuable raw materials to US industry at lower prices, why in the heck would we want to stop them?

Hillary Clinton, along with many politicians and most of the media, is arguing that the recent large price increase in Epipens is some sort of market failure requiring government intervention to solve.

Democratic presidential nominee Hillary Clinton jumped into the fray over rapid price increases for the EpiPen, a life-saving injection for people who are having severe allergic reactions.

Mrs. Clinton called the recent price hikes of the EpiPen “outrageous, and just the latest example of a company taking advantage of its consumers.”

In a written statement calling for Mylan to scale back EpiPen prices, Clinton added, “It’s wrong when drug companies put profits ahead of patients, raising prices without justifying the value behind them.”

Why aren't similar government interventions required to curb greed in the pricing of paint, or tacos, or toilet paper?  Because the markets are allowed to operate and competitors know that if they raise prices too high, their existing competitors will take sales from them, and new competitors may enter the market.  The reason this is not happening with Epipens is that the Federal government blocks other companies from competing with Mylan for the Epipen business with a tortuous and expensive and pointless regulatory process (perhaps given even more teeth because Mylan's CEO has a lot of political pull).  The MSNBC article fails to even mention why Mylan has no competition, and in fact essentially assumes that Epipens are a natural monopoly and should be treated as such, despite the fact that there are 3 or 4 different companies that have tried (and failed) to clear the regulatory process over the last several years with competing products.  Perhaps these other companies would have been smarter to appoint a Senator's daughter to a senior management position.

Hillary Clinton is proposing a dumb government intervention to try to fix some of the symptoms of a previous dumb government intervention.  It would be far better to work the root cause instead.

Postscript:  Credit Vox with the stupid argument of the day:  

Other countries do this for drugs and medical care – but not other products, like phones or cars – because of something fundamentally unique about medication: If consumers can’t afford the product, they could have worse odds of living. In some cases, they face quite certain odds of dying. So most governments have decided that keeping these products affordable is a good reason to introduce more government regulation.

Hmm, let me pick a slightly different example -- food.  I will substitute that into the Vox comment.   I think it would be perfectly correct to say that there is not price regulation of food in the US, and that "If consumers can’t afford [food], they could have worse odds of living. In some cases, they face quite certain odds of dying."  In fact, the best place today to face high odds of dying due to lack of food is Venezuela, where the government heavily regulates food prices in the way Vox wished to regulate drugs prices.

As many of you know, my company privately operates public parks and recreation areas.  With costs 50-70% lower than government management, one would think that private operation would be on the table as an option when government recreation budgets face shortfalls**.  However, this is seldom true.  The reason is that you will almost never, ever, ever hear discussion of efficiency improvements in any discussion of public park budgets.  100% of any such discussion will be "how do we find new revenue streams", even when those revenue streams are one or even two orders of magnitude smaller than potential efficiency gains.  When costs have to be cut, they are cut solely by closures and service reductions.

Which is why I smiled when I read this article about Connecticut State Parks sent by a reader:

The effects of state budget cuts will soon be felt at Connecticut’s 109 state parks, including cutbacks in lifeguard staffing and park maintenance and the closure of three state campgrounds.

The $1.8 million in reductions to park operations will take effect after the July Fourth holiday weekend, and Robert Klee, commissioner of the Department of Energy and Environmental Protection, said he expects additional cost-cutting steps next spring. DEEP faces an overall $10 million reduction in funding from the state’s general fund.

“By carefully analyzing how and when the public uses our state park system, we will achieve the savings we need while keeping much of what we offer at our 109 parks open and available to the public,’ Klee said.

But park advocates argue these reductions point to the necessity of identifying additional revenue streams to help fund the parks.

“This just underscores the need for these sustainability funds,” said state Sen. Ted Kennedy Jr., the Democratic co-chairman of the legislature’s Environment Committee. Kennedy and other lawmakers have proposed concepts over the years such as expanded park concessions, a tax on disposable plastic bags, higher park rental fees and sponsorships.

The only cost reductions discussed in the article are reductions in service days and hours.    If one were in private industry, one would approach this by identifying all the activities performed by the organization, such as bathroom cleaning and landscaping, and then look at benchmarks to see if others do it less expensively and then try to figure out how they do it less expensively and determine if those methods could be copied.  None of this ever occurs in the public sphere.  The several times I have suggested it in senior meetings, for example in California, the whole room goes quiet and looks at me like I am insane.

** In reality, every single government agency running parks has a shortfall, even when their budget is balanced.  Why?  Because virtually no agency, including the big ones like the National Park Service or California State Parks, fully cover all of their capital maintenance costs.  All these agencies have growing deferred maintenance accounts, even when they claim that budgets are nominally balanced.

Update:  Well, apparently my lack of knowledge about the practice of law was particularly evident in the post below, as several readers let me know.   From this source

Since 1978, attorneys in California criminal trials have been forbidden to exercise peremptory challenges based on a lawyer’s belief that certain individuals are biased because they are a member of a specific racial, ethnic or religious group. (People v. Wheeler (1978) 22 Cal.3d 258, 276, citing, Ca. Const., art. 1, § 16 [right to representative trial by jury drawn from cross-section of community], overruled in part by Johnson v. California (2005) 545 U.S. 162, 168-173 [125 S.Ct. 2410, 162 L.Ed.2d 129].) In 1986, the U. S. Supreme Court followed California’s lead and held that jury challenges based on group bias violate the Equal Protection Clause of the Fourteenth Amendment. (Batson v. Kentucky (1986) 476 U.S. 79, 89 [106 S.Ct. 1712, 90 L.Ed.2d 69].) This has commonly become known as the "Wheeler/Batson" rule.

I don't want to be that guy whose point is disproved but who sticks by it anyway, but I stick by my point.  It's not clear by the timing that Kaine's actions were even illegal at the time, and the narrative below shows Kaine as responding to behavior of the opposing attorney.  If he did not at the time have access to Wheeler/Batson challenges, then his actions seem a reasonable response.  Again, it would be interesting to hear from attorneys actually involved in trials, but are there many attorneys who don't think the racial makeup of a jury makes a difference, even if they have to be more subtle in managing it?

/Update

The Washington Examiner seems to think they have somehow caught Tim Kaine red-handed:

As an attorney in the 1980s, Tim Kaine once had three white jurors struck from hearing a case in which his client, an African-American, alleged she was discriminated against by the defendant, who was white, the Daily Beast reported Monday.

Kaine explained later that the move was aimed at securing more black people on the jury, thus increasing his client's odds of winning her housing discrimination suit.

The white defendant's attorney employed peremptory strikes on the day of the trial to have three black people removed from the pool of potential jurors, the Daily Beast report explained. Kaine responded in kind: He used peremptory strikes of his own to have three white jurors removed, and succeeded in getting one African-American onto the jury.

Kaine explained later in an article for the University of Richmond Law Review in 1989 that he believed having more black people on the jury would swing things in his client's favor, implicitly admitting the tactic was race-based.

I am not an attorney, but doesn't this happen pretty much every single day in every single court?  This strikes me as about as surprising as a baseball manager substituting in a left-handed hitter to face a right-handed pitcher.  I would think that given any sort of reasonable legal ethics, if Mr. Kaine thought this action would help his client, then he was virtually obligated to do it.

If one wants to lament that black and white jurors come to different sorts of verdicts for black plaintiffs and defendants, then I suppose one could rant about that but it's hardly Tim Kaine's fault.  He has to deal with reality as it is.  If you really wanted a racial gotcha story, imagine  the facts reversed to something like "white defense lawyer refused to strike other whites from jury despite the fact it might have helped his black client."

Postscript:  And yes, I know the Lefty SJW's would have gone apesh*t if a Republican candidate as an attorney had struck black jurors from a trial to help his white client, but that does not make the critique any more correct.

Years ago, in Ventura County California (where I am thankfully no longer doing business), a loyal employee approached our manager and told her of a meeting that had been held the night before for our employees at a local attorney's office.  The attorney was holding the meeting mainly because he was trying to drum up business, brainstorming with my employees how they might sue the company for a variety of fanciful wage and hour violations.  Fortunately, we tend to be squeaky clean on labor compliance, and the only vulnerable spot they found was on California break law, where shifting court decisions gave them an opening to extract a bit of money from the company over how we were managing lunch breaks.

Anyway, in the course of the meeting, the attorney apparently advised our employees that if they ever thought they were about to get fired, they should quickly accuse someone in the company of harassment or discrimination or some other form of law-breaking.  By doing so, they made themselves suddenly much more difficult to fire, and left the company open to charges of retaliation if the company did indeed fire them.   In later years, we saw at least two employees at this location file discrimination or harassment claims literally hours before they were to be terminated for cause.   Since then, I have seen this behavior enough, all over the country, to believe that this is a strategy that is frequently taught to employees.

This terrible advice is obviously frustrating not only because it makes the firing process harder, but also because these charges all still have to be investigated seriously, a time-consuming process that has to involve me personally by our rules.   On at least two occasions that I can remember, we delayed a firing for cause by several weeks to complete investigations into what turned out to be bogus charges, only to have the employee do something really stupid in a customer reaction during these extra weeks that had substantial costs for the company.

Anyway, I was thinking about this in the case of Colin Kaepernick, the NFL quarterback currently employed by the 49ers but expected by many to be released (ie fired) in the coming weeks.  Last weekend he stirred up controversy when he refused to stand for the national anthem to protest treatment of blacks in America.   Personally, I barely noticed, as I am not a big fan of enforced loyalty oaths and patriotic rituals, finding these to historically be markers of unfree societies.  For these sorts of rituals to have any meaning at all, they have to be voluntary, which means that Kaepernick has every right to not participate, and everyone else has every right to criticize him for doing so, and I have the right to ignore it all as tedious virtue-signalling.

I mostly yawn and change the channel over all this, but it did make me wonder -- Kaepernick has to know that he is potentially on the chopping block.   Many folks believe that his performance last year was not good enough to earn a job on the 49ers this year.  It has been discussed on national TV for weeks, and probably for months in the local San Francisco market.  If he were to be cut, it would likely be in the next 7 days or so by the schedule the NFL sets for finalizing rosters.   So I wonder if part of Kaepernick's action the other day was to make it harder to fire him.   He and his supporters can now portray his firing as retaliation for his support of Black Lives Matters, something that would be an uncomfortable perception for any high profile organization in America but particularly in San Francisco.

Guess where I am supposed to fly on Saturday?

Hurricanes #Madeline and #Lester churning westward across the Pacific, latest NHC / CPHC forecast tracks included pic.twitter.com/2ldwQ1F3Qg

— NWS OPC (@NWSOPC) August 29, 2016

Update: This will totally paint me as a geek, but does this remind anyone of the Romulan plasma torpedos in the Star Trek episode "Balance of Terror"?

I first saw this over the summer in Bruges.  If I had to name one place in Europe where I expected to be bored, but was in fact fascinated, it was the lace museum in Bruges.  They had a lot of examples of super-fine lace, as well as a history and examples of how it is made.  The best part was that upstairs, they had women actually doing hand lace projects that you could go watch.  I did not get a video of it but here are a few examples from the web that give the basic idea.  Here is hand-making of lace:

and here

and here is an insane machine for making it automatically

The super-fine hand-made lace in the museum in Bruges was unlike anything I have ever seen. An order of magnitude finer than even the best lace you have likely seen.

Over  a year ago, due to budget constraints, Alabama State Parks was forced to shut down Roland Cooper SP, near Camden, Alabama.  The park was beloved by the local community and an important economic asset to the town of Camden.  As a result, a lot of local folks put pressure on the state to find some other solution than just closure.  To its credit, the Alabama State Parks Department was willing to consider private options that most state agencies refuse to countenance.  The end result is that my company will be reopening the park -- still a public asset but operated privately -- in time for Labor Day.  The full announcement is here.

We are still working on the permanent web page, but if you are in the area our Facebook page is here.

I have no idea how much this stuff costs, so I am not advocating it as currently making financial sense.  But I have long argued that we will know solar is the energy source of the future when they start rolling out solar cells in large sheets like carpet out of Dalton, Georgia.

I find that the local newspaper in most towns is generally a strong supporter of most every business relocation subsidy or tax incentive that comes along -- whether it be for Apple or an NHL team or a movie production, the local paper benefits from having more newsworthy activity in town.

But the AZ Republic actually ran an article this weekend questioning movie tax incentives, perhaps the only government subsidy dumber than buying sports stadiums for billionaires

States, including Arizona, that don't offer movie and television tax breaks usually are smart not to do so, a researcher contends.

Nearly all states have lured Hollywood productions at one time or another with special tax incentives, but a University of Southern California professor says such spending fails to deliver the long-term economic benefits promised by industry lobbyists and lawmakers.

“The subsidies are a bad investment," said Michael Thom, an assistant professor in USC's Price School of Public Policy, in a prepared  statement. "States pour millions of tax dollars into a program that offers little return."

Arizona doesn't currently offer tax incentives for the industry but spent $23.7 million on subsidies between 2005, when the program started, and 2010, when incentives ended amid a state budget crisis.

Thom, who has led two recent studies on the topic, looked at job growth, wage increases, entertainment-industry output and other factors for each state.  "On average, the only benefits were short-term wage gains, mostly to people who already work in the industry," he said. "Job growth was almost non-existent. Market share and industry output didn’t budge.”

Wow, this is insane. Lots of journalists are favorable to homeopathy & those in health-related content more so! https://t.co/CNMRdAdCYF

— Alex Tabarrok (@ATabarrok) August 6, 2016

Good excuse as any to relink this funny video on homeopathy

What if I wrote this:

"For me as a white man, it's really nice to just go out with other white men sometimes," ... "I have to do so much less translation. When you're white around black people, you have to explain every little thing, even with people who are perfectly nice and well-meaning."

My presumption would be that this would be treated as evil and racist.  But what was actually written was this, which by its reception by Kevin Drum and others is apparently perfectly OK

"For me as a black woman, it's really nice to just go out with other black women sometimes," said Sabrina Stevens, an activist and progressive strategist. "I have to do so much less translation. When you're black around white people, you have to explain every little thing, even with people who are perfectly nice and well-meaning."

The answer I generally get for treating racism asymmetrically (e.g. almost anything a white person says about blacks is racist, but nothing a black person says about whites is racist) is that it's all about privilege and power imbalances.  But the author, at least in this passage, is not talking about privilege and power imbalances.  She is merely talking about differences in outlook and perspective, which are presumably symmetric.  She is more relaxed around similar people, which is likely true of many of us.

Drum, fortunately, seems to get the point about safe spaces, that there is a huge difference between people privately creating spaces populated only by folks of their own selection (ie freedom of assembly) and public institutions (such as universities) enforcing segregated groups and spaces, particularly spaces meant to avoid contact with ideas at an institution dedicated to spreading ideas.  The first strikes me as fine, the second as generally unacceptable.    Of course women have spent the last 30 years of trying to purge private spaces where men choose to hang out solely with other men, so they shouldn't be surprised if they get a teensy bit of push back when they try to create such spaces for themselves.

Kevin Drum, in commenting on a Binyamin Appelbaum article in the NY Times, writes that the Presidential candidates should be talking more about poverty in part because the US is way behind Europe.  Specifically, Appelbaum quotes a Harvard Sociology (!) Professor as the source for the poverty claim:

“We don’t have a full-voiced condemnation of the level or extent of poverty in America today,” said Matthew Desmond, a Harvard professor of sociology. “We aren’t having in our presidential debate right now a
serious conversation about the fact that we are the richest democracy in the world, with the most poverty. It should be at the very top of the agenda.”

Drum argues that Desmond is right, because of this chart from the OECD:

One of the dirty secrets about poverty measurement is that the actual measurement seldom has anything to do with absolute well-being.  And this is the case with the OECD numbers.  The OECD's poverty measurement is based on the country's median income, and is the percentage of people who are below a certain percentage (generally 50%) of the country's own median income.  As such, this is more rightly thought of as a graph of income inequality rather than absolute poverty.

Here is an example.   Image country A with a median income of $50,000 and an income of the 20th percentile at $20,000.  Now imagine country B where the median income is $30,000 and the 20th percentile income is $15,000.  In this example, the poorest 20th percentile in country A are better off on an absolute basis, but the OECD (and most other poverty numbers) will show country B doing better because the poor are closer to the (much lower) median income.  In an extreme example, if everyone in a country were equally impoverished, the OECD would show that country as doing the best on poverty -- Yes, you read that right.  By this metric, the OECD would show a country where every person made just $10,000 a year as having 0% poverty.

Obviously, what one would really like to do is compare across nations the absolute well-being of the lowest 10th or 20th percentile.  On a purchasing power parity basis, which country's poor has, after transfers and taxes, more money?  Unfortunately, you likely have never ever seen this.  Yes, the data comparison is hard, but it is possible, so one has to wonder if there is some ulterior political motive for never showing this quite obvious analysis.

I tried to do this analysis myself for years (I describe some false starts here) but was unsuccessful until I actually identified a data source that would work, ironically from two folks on the Left (Kevin Drum and John Cassidy) who were using data from the LIS Cross-National Data Center to make comparisons of income inequality.  It turned out the data they were using could do what I wanted.

So now we get to the chart I call the poverty Rorschach test.  It is a comparison of the absolute income, by income percentile and including transfers and taxes, of the US vs. Denmark (the country by Drum's chart that should be the "best" on poverty)

(The date is old, alas, because this kind of cross-country data is only gathered every so often)

This chart shows, on a purchasing power parity basis, that for every single income percentile, all the way to the bottom, an equivalent person in the US has more income than that a similarly situated person in Denmark.  In short, the poor in the US are wealthier than the poor in Denmark.  The only reason Denmark does better than the US in the way the OECD and others measure poverty is that the middle class in the US are a LOT wealthier than the middle class in Denmark.

I call it the Rorschach test because one either sees the US doing a good job, because everyone is better off, or the Danish doing a better job, because everyone is more even.  Proponents of the latter view tend to believe that the size of the economic pie is an exogenous variable, unrelated to the method one chooses to slice it.

I picked the Danish because they were the obvious comparison from Drum's chart, but here is the US vs. all the European countries for which there was data in the survey.  The US is better than all but 3 at the 10th percentile and better than all but one country at the 20th percentile.  And better -- by a huge margin-- for the middle class than any of the countries in Europe.

Update:  One more note on Drum's chart.  As I said above, the exact definition of the OECD numbers is percentage of people with income less than 50% of the country's own median income.  The US has a median household income, per the OECD, 41% higher than Denmark's.   So the US has 9% more people under a number that is 41% higher.   That is hardly a fair or meaningful comparison.

For reasons that are beyond my understanding, I am banned at Mother Jones so I cannot post the comments directly to his article.  If someone wanted to cut and paste this under his or her own name, I wouldn't complain.

From the WSJ:

The European Central Bank’s corporate-bond-buying program has stirred so much action in credit markets that some investment banks and companies are creating new debt especially for the central bank to buy.

In two instances, the ECB has bought bonds directly from European companies through so-called private placements, in which debt is sold to a tight circle of buyers without the formality of a wider auction.

It is a startling example of how banks and companies are quickly adapting to the extremes of monetary policy in what is an already unconventional age. In the past decade, wide-scale purchases of government bonds—a bid to lower the cost of borrowing in the economy and persuade investors to take more risk—have become commonplace. Central banks more recently have moved to negative interest rates, flipping on their head the ancient customs of money lending. Now, they are all but inviting private actors to concoct specific things for them to buy so they can continue pumping money into the financial system.

The ECB doesn’t directly instruct companies to create specific bonds. But it makes plain that it is an eager purchaser, and it lays out the specifics of its wish list. And the ECB isn’t alone: The Bank of Japan said late last year it would buy exchange-traded funds comprising shares of companies that spend a growing amount on “physical and human capital,” essentially steering fund managers to make such ETFs available to buy.

Note that none of the criteria for the debt purchases is anything like, "the company has sensible plans for investing the money."  It is merely buying debt for debt's sake.  In the US, private companies are using most of their debt issues to buy back stock, a nearly pointless exercise that channels money from central banks to propping up equity valuations.  I wouldn't be surprised if European companies do the same.

Folks, it may not feel like it, but we are at the top of the economic cycle.   We have negative interest rates and central banks buying up every available debt issues in relatively good times, when these were formerly considered tools for the deepest point in a recession.  I am not a big believer in government stimulus, but these folks are.  What are they counting on in the bad times, when nothing will be left in the tank?

But now, we see central banks going one step further, encouraging private companies to lever up at the top of the business cycle.   Historically, this has been a formula for disaster.  The oil industry has been a preview of this.  Take ExxonMobil (XOM).  XOM, given its size, has never been very good at developing certain sorts of plays (e.g. the shale boom).  What it has done historically is use its size and balance sheet to swoop in during inevitable periods of low oil prices and producer losses to buy up developed fields at good prices.  But this time around, XOM has only had limited ability to do this, because it spent the boom years levering up its balance sheet and buying back stock.  Other large oil companies are in even more dire straights, facing real cash flow crises because, again, they levered up to repurchase stock when they should have been cleaning up their balance sheet.

Valley Metro, the agency that operates light rail and most bus service in the Phoenix area, has published its 2016 annual ridership numbers, and they are awful (the agency is on a july-june fiscal year).  Over the past year, they have opened two extensions of the current light rail line, spending $o.5 Billion to extend the line 6.2 miles.  So what did we get for this?  Falling transit use.

To begin with, we must again look past Valley Metro's downright bizarre chartsmanship, where differences in bar length bear absolutely no relationship to the values graphed (just try to figure out the bar lengths for the last three years of light rail data).

We see that light rail ridership is up 9%.  This appears low, given that the line and total investment were increased by about 33%, but the new extensions were not available for the whole year.  My guess correcting for opening dates is that on a full year basis this represents about a 20% increase.  For May, June, and July light rail ridership has been running 19%, 26%, and 20% above the same month last year (before either extension was opened).  This is well below the increase in line length (31%) and line total investment (36%)

I have always argued that the first 20 miles of the light rail line cut through the densest part of the city, including the downtown area (such that it is), the two highest visitation sports stadiums, and ASU  -- and as such any future expansions were going to have a much harder time justifying themselves (ie, as in this case, a 31% expansion in length would yield something less than 31% increase in ridership).  Light rail supporters have argued in return that I had things exactly backwards, that network effects would mean that ridership increased faster than route length.  My sense is that this argument will pretty clearly tip in my direction by the time we have 2017 data.

By the way, with total investment up to over $2 billion and average weekday round trip ridership at about 23,500 in fiscal 2016, then the total capital cost (not including annual operating subsidies) of the line sits at about $85,000 per round-trip rider.   Whenever Valley Metro supporters defend the line against my attacks, they will often quote various riders saying how much they love it.  Of course they do!  They damn well should love it -- we taxpayers spent $85,000 for each one of them to open the line AND subsidize every single one of their rides.

But if you really want to see the cost of these subsidies, look at the bus and total transit ridership in the chart above.   Total transit ridership in the area has fallen to the lowest point since before the light rail line was first opened, despite the fact the city it serves is still growing.  This is because bus ridership has fallen off the map.   Just last year, for every 1 rider gained to the light rail line expansions, 3.6 were lost on busses.   To see how far bus ridership has fallen, you have to go back further than the chart above shows.  Here is an older Valley Metro chart I annotated for a previous article:

You can see from this that bus ridership in Phoenix fell to a level we have not seen since 2003!  This is despite the fact that the Phoenix MSA has added about a million people since that time.

As it does in every city, light rail costs are starving the rest of the transit system.   By shifting transit dollars into a mode that requires 10x  more money to move a single passenger, the numbers of passengers served has to fall.  You can see from the chart that Phoenix transit ridership was rising steadily from 1997 to 2009.  But once light rail was completed, transit ridership absolutely stopped growing, despite population increases and large increases to total transit budgets.  Without light rail, we might very well have seen transit ridership as high as 90 million today, if past ridership growth trends held.

There appears to be no rational way to explain Ryan Lochte's bizarre need to make up a story about being the victim of an armed robbery.  The media seems to be pushing the notion that he made up the story to cover up his own vandalism at a gas station, but that makes zero sense.  He had already defused the vandalism incident with a payment of cash to the station owner.  The rational response would be to just shut up about the whole thing and let it be forgotten.

But instead, he purposely made a big deal about the incident, switching around the facts until he was a victim of an armed assault by men posing as police officers, up to and including harrowing details of a cocked gun being jammed into his forehead.  The incident, likely ignored otherwise, suddenly became a BIG DEAL and subsequent investigation (including multiple video sources) showed Lochte to be a bald-faced liar.

The only way I can explain Lochte's motivation is to equate it with the lies by "Jackie" at the University of Virginia, whose claims of being gang-raped as published in the Rolling Stone turned out to be total fabrications.  Like Lochte, she dressed up the story with horrifying details, such as being thrown down and raped on a floor covered in broken glass.  The only real difference I can see, in fact, between Lochte and Jackie  is that the media still protects Jackie (via anonymity) from well-deserved humiliation for her lies while it is piling on Lochte.

I can sort of understand Jackie's motivation -- she was by all accounts a frustrated, perhaps disturbed, certainly lonely young woman who was likely looking for some way to dramatically change her life.  But Lochte?  Ryan Lochte has won multiple Olympic medals, historically in the sports world a marker of the highest possible status.  But in today's world, Lochte viewed victimhood as even higher status.

Update:  This is probably the fairest account of the whole incident.