Coyote Blog

Steven Pearlstein has a column on the American health care system based on a recent study by the McKinsey Global Institute.  As Mr. Pearlstein reads it, the problem with the American medical system is all about the profit - it's all about the doctor profit stacked on the drug profit stacked on the insurance profit.  If the government would just take over and get rid of all that profit, the system would run smoothly and be much cheaper.  I am flabbergasted that anyone at Cato would remark on such an article with approval.

First, while I worked at McKinsey & Co, I never worked for the global institute.  However, though I have not yet read the study, it would be unusual to the point of uniqueness if their recommendation for the industry was more government control and less profit motive, but I guess it is possible.  More likely, Mr. Pearlstein is reading the study through his own progressive lens.  Anyway, let me deal with a few parts of the article:

Even after adjusting for wealth, population mix and higher levels of
some diseases, McKinsey calculated that we spend $477 billion a year
more on health care than would be expected if the United States fit the
spending pattern of 13 other advanced countries. That staggering waste
of money works out to 3.6 percent of the nation's entire economic
output, or $1,645 per person, every year.

I will agree that for a variety of reasons, there is a lot of waste in the medical system.  We will get to "why" in a minute.  However, note that the author is taking a leap from "we spend more per capita than Europeans" to "staggering waste."  The US spends more per capita on a lot of things than the Europeans, in large part because we are wealthier (by a lot, and more every day).  One man's waste is another man's preference.  However, I would agree that health care is unique, in that it is the one industry where the decision maker(s) on whether to purchase a service is not the same person who is paying the bills.  I think we will find, though, that I and Mr. Pearlstein differ on who the person should be who should do both simultaneously (I say each person for himself, he says Nancy Pelosi and George Bush for everyone).

But let's get into all that money-grubbing.  Mr. Pearlstein reads the study as saying the problem is all that profit.  Because we have layers of profit in the distribution channel, our health care costs more than it does in Europe, where you have the efficiency [sic!] of government management.  Before we get into detail, I would observe that this fails a pretty basic smell test right off:  Nearly every single product and service we Americans buy, all of which are rife with layers of nasty profits in the supply chain, are cheaper than their counterpart services and products in Europe.  If this layering of profit without government management is a problem, why is it only a problem in health care but not a problem in thousands of other industries.  But anyway, to details:

Let's start with one the American Medical Association hopes no one
will notice, which is that American doctors make a lot more money than
doctors elsewhere -- roughly twice as much. The average incomes of
$274,000 for specialists and $173,000 for general practitioners are,
respectively, 6.6 and 4.2 times those of the average patient. The rate
in the other countries is 4 and 3.2.

According to McKinsey, the
difference works out to $58 billion a year. What drives it is not how
much doctors charge per procedure, but how many procedures they perform
and how many patients they see -- a volume of business 60 percent
higher here than elsewhere.

Ooh, those greedy doctors.  They are the problem!  But read carefully, especially the last sentence.  He makes clear doctors in the US are not making more because they charge more, they make more because they see more patients --- ie, they work harder than their European counterparts.  Where have I heard this before?  Again, in every other industry you can name, the fact that our workers work harder than their European counterparts is a good thing, leading to lower costs and higher productivity.  So why is it suddenly bad in medicine?  For this I would instead draw the conclusion that their are perhaps too many procedures (an expected outcome of the screwy incentives in the system) and thus too many doctors.  Doctors, whom Mr. Pearlstein paints as enemy number one in the health care system, are actually its greatest asset, being 60% more productive than their European counterparts, certainly something to build on.

Don't be distracted by arguments that American doctors need to make
more because they have to pay $20 billion a year in malpractice
insurance premiums forced on them by a hostile legal system, or an
equal amount for all the paperwork required by our private insurance
system. The $58 billion in what the study defines as excess physician
income is calculated after those expenses are paid.

Walter Olson, are you listening?  Since Walter is not here, I will say it for him.  Malpractice insurance premiums themselves are only a part of the cost of runaway malpractice.  Defensive medicine, including the overuse of tests, is another big cost.  Malpractice is one big reason doctors prescribe so many more tests and procedures than their European peers.

Proponents of a government-run "single-payer" system will certainly
home in on the $84 billion a year that McKinsey found that Americans
spend to administer the private sector portion of its health system --
a cost that national health plans largely avoid. But as long as
Americans continue to reject a government-run health system, a private
system will require something close to the $30 billion a year in
after-tax profits earned by health insurance companies. What may not be
necessary, McKinsey suggests, is the $32 billion that the industry
spends each year on marketing and figuring out the premium for each
individual or group customer in each state. Insurance-market reform
could eliminate much of that expense.

What freaking planet does this guy live on?  Does he really think administrative costs are going to go down in a single payer system?  That's insane.  I am willing to believe that the number of procedures will go way down, as Congress starts to ration care in favor of building bridges for their constituents  (a savings likely offset as America's world-leading doctor productivity discussed above takes a nosedive).  Does he really think that administrative costs will go down?  Most administrative costs today are for satisfying government paperwork requirements - how is having the government run everything going to reduce these?   I would argue exactly the opposite -- that eliminating government from the equation would reduce private administrative costs substantially.

I won't bore you with any more, but he doesn't miss the chance to blame health care costs on drug and hospital company profits as well.  Just for entertainment value, I urge the reader to look up a few P&L's of some of these companies.  The profit as a percent of sales for Humana is 2.3% of sales.  So if you wiped out all that egregious profit at Humana, you would save all its customers a whopping 2.3% (before, of course, the incentives problems take over and costs bloat for the lack of a profit incentive to manage them). Insurer CIGNA's profit is a bit under 10%.   Merck's profit is a more comfortable 19% of sales, which means that by cutting their profit to zero we could get nearly a 20% discount on drugs.  Of course, new drug development would cease, but the AARP doesn't care about drugs that won't be on the market after their current constituency is dead.

Isn't it more reasonable, as I am sure the McKinsey study actually concludes, that the problem is not in companies making profits or doctors working hard, it is in having a health care system, built the way it is through distortive tax law, that gives neither patient nor doctor any reason to consider costs when deciding on care?  Can you imagine such a screwed up system in any other industry?  How inefficient would retail be in the US, for example, if we all had a "shopping policy" that paid for all our purchases.  Would you give a crap about the price of anything?  Would you hesitate one second buying something you may not need but is covered by your "policy"?

Mr. Pearlstein sortof agrees, but its hard to find this incentives point in the middle of all his blame-it-on-the-profits progressive rhetoric.  Here is our one hint that Mr. Pearlstein understands that the true problem is this mismatch between payer and decision-maker.  Unfortunately (emphasis added) he has a really destructive perspective on the issue:

What we have here is pretty good circumstantial evidence of
Pearlstein's First Law of Health Economics, which holds that if you pay
doctors on the basis of how many procedures they do, and you leave it
to doctors and their insured patients to decide how much health care
they get, consumption of health services will rise to whatever level is
necessary for doctors to earn as much as the lawyers who sue them.

Mr. medico-fascist Pearlstein thinks the big system problem is leaving it to you, the patient, to decide what health care you get.  The solution for him is to have the person spending the money, preferably the US Congress, decide how much health care you get.  I think a much saner solution, and the only one consistent with a free society, is to get back to a system where the same person who gets the care, pays for the care.  If its a good enough system for 9,999 things we purchase each year, its good enough for health care too.

As a strong libertarian, I have all kinds of problems with the government in this country.  However, I always scratch my head when people try to make the case that certain European countries are more free and open than the US.  The facts just don't bear this out.  First, the US at least has a written Constitution that make some attempt to define government's purpose as the protection of individual rights.  Now, our government fails at this all the time, but at least there is something there in writing we can try to hang on to;  European countries have nothing like it.

In particular, Europe has never had the strong tradition of free speech that we have in the US.  Often folks in the US, particularly on the left, confuse Europe's receptiveness to leftish comments by Americans with general openness to free speech.  In fact, just the opposite is true:

People who question the official history of recent
conflicts in Africa and the Balkans could be jailed for up to three
years for "genocide denial", under proposed EU legislation.

Germany,
current holder of the EU's rotating presidency, will table new
legislation to outlaw "racism and xenophobia" this spring.

Included in the draft EU directive are plans to outlaw Holocaust denial, creating an offence that does not exist in British law.

But
the proposals, seen by The Daily Telegraph, go much further and would
criminalise those who question the extent of war crimes that have taken
place in the past 20 years.

For years, I and most free speech advocates in this country have criticized the holocaust-denial laws as the mother of all slippery slopes.  Holocaust deniers should have the same speech rights as any other moonbat out there.  Now, you can see the EU starting to slide down this slope, as more speech is criminalized.  The article goes on:

If agreed by EU member states, the legislation is likely to declare
open season for human rights activists and organisations seeking to
establish a body of genocide denial law in Europe's courts.

Who needs jackbooted government dictators when we have "human rights activists" available to muzzle our speech. 

I originally got to this post at Carls Talk because of the cool map I put in this post.  However, I was really struck by his lament that foreign companies won't sell into Norway because it is too small.  Given that Norway has a trade surplus, you would think that given all the whining in the US about trade deficits that everything would be hunky-dory in Norway and that they would be thrilled that foreign companies wouldn't sell there.  But check this out:

When seeing Norway's GDP in the context of this map, one realizes
why Norway often is one of the last countries U.S. companies consider when
expanding to Europe.

Norway might be an unattractive market when considering expansion
because the market is so small and as a result there is little domestic
competition.  This  has enabled local players to
build monopolies or duopolies with substantial  entry-barriers in many
industries.  Furthermore, the government has sheltered the domestic
market against international competition by adding a hefty import tax
and inconvenient delivery methods on goods purchased outside the
country, rendering international online merchants at a disadvantage
when competing on price and convenience.

On the flip side, if you manage to establish your business here, you
can overcharge your customers and get away with horrendous customer
service.  The average Norwegian customer is not used to good service
and competitive prices.  Online merchants are slow.  Recently it took
four weeks before I received a book shipped to me from a local
merchant.  On a recent trip I recently purchased shoes for our kids in
the U.S.  The selection was superior, and the price:  1/4th of what the
local Norwegian merchant was charging. 

Gee, you mean there is a price consumers pay for protectionism that might offset a few job gains in sugar growing and textiles?

[Note this post is a reprint from prior years]

This week is the anniversary of one of my favorite bits of Phoenix history.  Many people have seen the Steve McQueen movie "the Great Escape",
about a group of 60 or so prisoners who cleverly dug a tunnel out of a
German POW camp and escaped in various directions across Europe, many
of whom where eventually recaptured.

I don't know if such an event occurred in Europe, but an almost
identical real-life POW escape (tunnel and all) occurred right here in
Phoenix, Arizona almost exactly 60 years ago.

Like many isolated western towns in WWII, Phoenix played host to a
number of German POW's, in our case about 1700 in Papago Park.
Phoenix, and in particular Papago Park, with its arid climate and red rocks, must have been quite a culture shock to the Germans.

Anyway, I won't tell the whole story, but it is fascinating and you can read it all here.  A short excerpt:

The
German prisoners asked their guards for permission to create a
volleyball courtyard. Innocently obliging, the guards provided them
with digging tools. From that point on, two men were digging at all
times during night hours. A cart was rigged up to travel along tracks
to take the dirt out. The men stuffed the dirt in their pants pockets
which had holes in the bottoms, and they shuffled the dirt out along
the ground as they walked around. In addition, they flushed a huge
amount of dirt down the toilets. They labeled their escape route Der Faustball Tunnel (The Volleyball Tunnel).

They
dug a 178 foot tunnel with a diameter of 3 feet. The tunnel went 8 to
14 feet beneath the surface, under the two prison camp fences, a
drainage ditch and a road. The exit was near a power pole in a clump of
brush about 15 feet from the Cross Cut Canal. To disguise their plans,
the men built a square box, filled it with dirt and planted native
weeds in it for the lid to cover the exit. When the lid was on the
tunnel exit, the area looked like undisturbed desert.

There
is some dispute about how many people actually escaped -- official
records say 25.  Others argue that as many as 60 escaped, but since
only 25 were recaptured, 25 was used as the official number to cover up
the fact that German POW's might be roaming about Arizona.

The prisoners who led this escape were clearly daring and inventive,
but unfortunately in Arizona lore they are better known for their one
mistake.  Coming from wet Northern European climes, the prisoners
assumed that the "rivers" marked on their map would actually have
flowing water in them.  Their map showed what looked like the very
substantial Salt River flowing down to the Colorado River and eventual
escape in Mexico.  Unfortunately, the Salt River most of the year (at
least in the Phoenix area) is pretty much a really wide flat body of dirt.  The German expressions as they carried their stolen canoes up to its banks must have been priceless.

It
never occurred to the Germans that in dry Arizona a blue line marked
"river" on a map might be filled with water only occasionally. The
three men with the canoe were disappointed to find the Salt River bed
merely a mud bog from recent rains. Not to be discouraged, they carried
their canoe pieces twenty miles to the confluence with the Gila river,
only to find a series of large puddles. They sat on the river bank, put
their heads in their hands and cried out their frustration.

We
probably shouldn't make too much fun of these hapless U-boaters, living
in a land so far out of their experience:  Apparently the prison guards
made Sargent Schultz look like Sherlock Holmes:

Although
the men left in the wee hours of Christmas Eve, the camp officials were
blissfully unaware of anything amiss until the escapees began to show
up that evening. The first to return was an enlisted man, Herbert
Fuchs, who decided he had been cold, wet and hungry long enough by
Christmas Eve evening. Thinking about his dry, warm bed and hot meal
that the men in the prison camp were enjoying, he decided his attempt
at freedom had come to an end. The 22-year old U-boat crewman hitched a
ride on East Van Buren Street and asked the driver to take him to the
sheriff's office where he surrendered. Much to the surprise of the
officers at the camp, the sheriff called and told them he had a
prisoner who wanted to return to camp.

One
of the last to be re-captured was U-boat Commander Jürgen Wattenberg,
the leader of the breakout.  Interestingly, Captain Wattenberg hid out
in the hills just a few hundred yards from my current home.

New numbers for US vs. European CO2 growth have been making the rounds, based on a Wall Street Journal article today.  Jonathon Adler at Volokh has the key numbers for CO2 growth rates:

	U.S.	E.U.
1990-1995	6.4%	-2.2%
1995-2000	10.1%	2.2%
2000-2004	2.1%	4.5%

The Wall Street Journal tries to make the point that maybe the US somehow has a better approach to CO2 reduction.  Here is the reality:  Neither the US or the EU has done anything of substance to really reduce CO2 production, because at the end of the day no one can tolerate the political and economic costs associated with severe reduction using current technology.

But there is a story in these numbers.  That story goes back to the crafting of the Kyoto treaty, and  sheds an interesting light on what EU negotiators were really trying to achieve.

The Kyoto Treaty called for signatories to roll back CO2 emissions to 1990 levels.  Since Kyoto was signed in the late nineties, one was immediately led to wonder, why 1990?  Why not just freeze levels in place as they were currently?

The reason for the 1990 date was all about counting coup on the United States.  The date was selected by the European negotiators who dominated the treaty process specifically to minimize the burden on Europe and maximize the burden on the US.  Look at the numbers above.  The negotiators had the 1990-1995 numbers in hand when they crafted the treaty and had a good sense of what the 1995-2000 numbers would look like.  They knew that at that point in time, getting to 1990 levels for the EU was no work -- they were already there -- and that it would be a tremendous burden for the US.  Many holier-than-thou folks in this country have criticized the US for not signing Kyoto.  But look at what we were handed to sign - a document that at the point of signing put no burden on the EU, little burden on Japan, no burden on the developing world, and tremendous burden on the US.  We were handed a loaded gun and asked to shoot ourselves with it.  Long before Bush drew jeers for walking away from the treaty, the Senate voted 99-0 not to touch the thing until it was changed.

But shouldn't the European's get some credit for the 1990-1995 reduction?  Not really.  The reduction came from several fronts unrelated to actions to reduce CO2:

• The European and Japanese economies were absolutely on their backs, reducing economic growth which drives CO2 growth.  I have not looked up the numbers, but the 1990s are probably the time of the biggest negative differential for the European vs. US economy in my lifetime.
• The British were phasing out the use of carbon-heavy domestic coals for a variety of reasons unrelated to carbon dioxide production.
• German reunification had just occurred, so tons of outdated Soviet inefficient and polluting industrial plant had just entered the EU, and was expected to be shut down and modernized for economic reasons over the 1990's.  The negotiators went out of their way to make sure they picked a date when all this mess was in their base number, making it easier to hit their target.
• The 1990 also puts Russia in the base.  Since 1990, as the negotiators knew, the Russian economy had contracted significantly.
• At the same time the American economy was going gangbusters, causing great envy among Europeans.

Kyoto was carefully crafted to make America look like the bad guy.  The European's goal was to craft treaty responsibilities that would require no real effort in Europe, with most of the burden carried by the US.  But times change, and the game is catching up with them.

Hit and Run, trying to make a different point, quoted this statement from Harold Meyerson (my emphasis added):

But the new growth of selective libertarianism in the Democratic ranks
is hardly going to be the main source of controversy in coming party
debates. More likely, that debate will pit those who think retraining
is the answer to our more layoff-prone society (that's the Bob Rubin
solution) against those who think that retraining needs to be
supplemented by, for instance, publicly funded alternative energy
programs that would generate millions of jobs (that's the solution of a
number of union leaders, and one that I favor as well). The latter
position is clearly more in the New Deal liberal mode, but Rubin's is
hardly libertarian.

Do serious people actually favor publicly funded alternative energy programs of the scale that would employ millions of people?  Note that since the total civilian labor force is approximately 150 million people, he is talking about a program encompassing several percent of the US workforce.  I am supposed to be on vacation this week, but here are a couple of random thoughts:

• A huge government make-work program seems to be an odd response to an increase in employment volatility, which is how the problem is framed, even by Meyerson.  He calls it our "layoff-prone society."  I don't accept that this is necessarily a bad thing, but even if it is, a jobs program does not solve it.  Our unemployment today is at a low level (less than 5%) so that the problem, if it exists at all, has to be volatility, not the absolute size of employment.  So a jobs program helps, how?
• I will confess a big government-funded jobs program would reduce employment risk in one way:  once someone is hired by the government, whether it be a teacher or bureaucrat,  it is impossible short of a felony conviction to fire them, no matter how horribly destructively incompetent they are.  So anyone hired by this new job program would have a job for life, I guess, though at an enormous dead-weight-loss of the overall economy.
• The current economy hovers near full employment.  That means that millions of people sucked by the government into an alternative energy program would be pulled out of areas the market currently says is the most productive place for them.  Unless the government has identified a massive market inefficiency, such a program will net reduce the productivity and output of the economy.  Remember -- these millions of people are likely employed somewhere else today, so those places they are employed either have to scale back or pay more for labor.
• Does anyone really think the government is going to make the right technology and investment choices in such a program?  It will take about 47 seconds before the investment process is politicized and spending is handed out as pork to valued supporters in key Congressional districts. (just look at ethanol and the Midwest Archer Daniels Midland lobby). Remember, the government has been pouring all its investment and subsidies and regulations (e.g. zero emissions requirements) into plug-in electric cars, which still are not there technologically.  In the mean time, the market has latched onto hybrids, a technology actually opposed at first by government energy czars in places like California (because they were not zero emissions).  Hybrids have done more to reduce automotive fuel consumption than any of the technologies, from plug-ins to fuel cells, that the US government has supported in any big way.

Postscript:  Yes, I know plug-in hybrids may be here soon, but batteries are apparently still not where they should be.  I would love to have a plug-in hybrid.  Note, of course, a plug-in hybrid is very very different from a straight electric car, which was the choice of the bureaucrats.  Also, I know that some areas have started to subsidize hybrids, for example by allowing their use by one passenger in the car-pool lane.  These are late-to-the-party efforts to claim some government credit for a private market trend already in progress.

Update:  In fact, today's SJ($) brings us a relevent example:

[Former Airbus CEO] Mr. Streiff talked of moving production jobs between
partner countries, running Airbus like a business. For the first time,
there was talk of apportioning work on the basis of competitiveness,
not national entitlement. There were hints that Airbus should emulate
Boeing with major risk-sharing partnerships, looking beyond Europe for
new product development resources and production sites. He even
committed the ultimate sin"”publicly admitting that Airbus had fallen
over a decade behind Boeing in new product development.

In his exit statement, Mr. Streiff said, "I
progressively came to the conviction that the mode of corporate
governance at Airbus didn't allow for the success of my plan." In other
words, the now former CEO implies, he was blocked by people who like
the status quo. So who would be happy with the status quo when the
situation is degenerating with each day? Well, any government official
who wants governments to stay in charge of the economy. The last thing
they want to see is private sector cash reinventing the fruit of their
state-directed industrial policy.

For the best clue to this dysfunction, consider
France's finance minister, Thierry Breton. He recently told reporters
that Airbus is a "European success," but vowed to "defend this model."
Now why would a model need defending if it were successful?

Airbus was created when European governments
orchestrated their economies, creating new national and continental
champions according to politicians' whims. As far as industrial policy
goes, Airbus was a no-brainer: The jetliner industry offers guaranteed
growth rates and extremely high barriers to entry. Take some legacy
industrial assets, insert government cash, find some talented sales
people, and watch it go. Every other European industrial
scheme"”shipbuilding, cars, Concorde"”obliterated value. Airbus was the
only state-supported success. Unfortunately, Europe's politicians
forgot a crucial fact: Airbus succeeded despite government industrial
policy, not because of it. In fact, this government interference has
created some serious trouble.

Look at the Airbus record: a series of moderate
successes (A300/310, 330), one huge home run (A319/320/321), and some
lamentable but forgivable near misses (A340, A340-500/600). But with
the full support and connivance of parent governments, they launched a
spine-breaking disaster, the superjumbo. Without the A380, Airbus would
still be a tremendous success. Instead, they've got a serious
industrial crisis, right in the middle of the best jetliner market in
years. Mr. Breton's "model" of state-guided industries is alchemy in
reverse: spinning gold into straw.

I am trying to picture the discussion in the Colorado legislature.  Our public schools are struggling, what should we do?

A Jefferson County geography teacher was placed on paid administrative
on the second day of school for hanging several flags from other
countries in his classroom.

Eric Hamlin said the flags were part
of a world geography lesson plan at Carmody Middle School and refused
to take them down. The school's principal escorted Hamlin out of class
Wednesday morning after he refused to remove the flags of China and
Mexico.

The school district placed him on administrative leave
for insubordination, citing a Colorado law that makes it illegal to
display foreign flags permanently in schools.

"Under state law, foreign flags can only be in the classroom because
it's tied to the curriculum. And the principal looked at the
curriculum, talked to the teacher, and found that there was really no
curriculum coming up in the next few weeks that supported those flags
being in the classroom," said Jeffco Public Schools spokeswoman Lynn
Setzer.

It all reminds me of this guy.  Colorado has elected a number of strong nativists to their public offices, and they have taken the lead in many anti-immigrant efforts (that's the nativists whose ancestors immigrated from Europe over the last couple of centuries, not the nativists who were actually, you know, here first).  I think its helpful to see where following these idiots will take us.  Anyone still want to argue that strong immigration opponents aren't xenophobes?

Hat tip: Reasons Hit and Run

In this post I said:

I could spend all day discussing the follies of anti-trust law.  But
one of the memes that still seems to hang on is that anti-trust was
designed as a form of consumer protection, with the government
protecting consumers from the monopoly power of consolidated
enterprises.

I am not enough of a business historian to comment on whether
anti-trust has ever been used for consumer protection, but it is clear
that it is not any more.  That has been one very expensive lesson we
can all learn from the Microsoft anti-trust cases, both in the US and
Europe.

Here is further proof.  NicSand, who used to have 2/3 of the retail channel for sandpaper locked up with exclusive deals, is complaining that 3M has usurped them and has taken their market share.   NicSand enjoyed monopoly margins for years, finally faced long-overdue price competition from 3M, and lost a lot of the business.  So they sued for anti-trust.

Between 1997 and 2000, 3M entered into contracts to supply automotive sandpaper
to Advanced Auto, Autozone, CSK and KMart and did so at prices ranging from 10%
to 30% over NicSand's costs. But nothing about this sequence of events suggests
an antitrust violation. As to the market share that 3M garnered over these
years, "it takes one to know one" is hardly an accredited hallmark of antitrust
liability"”particularly when NicSand's apparent solution to this problem is not
to encourage the entry of other suppliers to this lopsided market but to
preserve its 67% market share. As to 3M's discounting, NicSand of course has no
right"”under the antitrust laws no less"”to preserve 40"“50% margins on a product
that (so far as the allegations are concerned) does not take any ingenuity to
make. One can fairly doubt the size of NicSand's and 3M's R&D departments
for automotive sandpaper.

Unable to argue that 3M's discounting amounted to anything but legitimate (and
apparently long-overdue) competition, NicSand focuses on the fact that 3M
entered into exclusive contracts with the four large retailers that switched
from NicSand to 3M. Yet according to NicSand's amended complaint, the retailers
made exclusivity one of the preconditions for doing business with a new
supplier. The complaint says that the large retailers (1) choose to carry just
one brand of automotive sandpaper for sale to consumers, (2) re-negotiate these
one-brand contracts just once a year, (3) require a new supplier to purchase the
retailer's existing supply of automotive sandpaper, (4) require a new supplier
to provide racks and other display equipment, (5) require a new supplier to
produce a full line of automotive sandpaper and (6) require a new supplier to
provide a discount on the retailer's first order. NicSand of course complied
with these requirements in obtaining the supply business it held in 1997, and 3M
complied with them in winning some of that business away. If retailers have made
supplier exclusivity a barrier to entry, one cannot bring an antitrust claim
against another supplier for complying with that precondition. Put another way,
NicSand did not sue 3M insisting that it had a right to share shelf space; it
sued 3M because it wanted that shelf space all to itself"”just as it had it in
1997. This is precisely the kind of all-for-one-and-all-for-one competitor claim
that the antitrust laws do not protect.

Anti-trust is not about the consumer.  It is about one company trying to use the government to sit on its competitors.

Update: Oh, and in case you thought liscencing of professionals was about consumers rather than protecting incumbent competitors, example number 439,126:

If you've spent as much time on farms as I have, you may imagine that
floating horse teeth has something to do with a backup of equine urine. It
actually refers to the time-honored practice of filing horses' teeth to prevent
them from getting uncomfortably long. At the behest of veterinarians (who
else?), the state of Minnesota is trying to limit
the service to veterinarians, and the Institute for Justice (who else?) is challenging
the protectionist regulations in state court.

Should you balk at going to veterinary school just so you can file horse
teeth for a living (a technique veterinary schools don't even teach), Minnesota
will give you a pass if you 1) have more than 10 years of experience or 2) pass
an exam given by the Dallas-based International Association of Equine Dentistry.
"To qualify to take the IAED's test," I.J. notes, "you must float the teeth of
250 horses under the supervision of an existing IAED member. Not only are there
no IAED members in Minnesota, it is illegal to float without a license. So, to
abide by the law in Minnesota, you must break it."

I could spend all day discussing the follies of anti-trust law.  But one of the memes that still seems to hang on is that anti-trust was designed as a form of consumer protection, with the government protecting consumers from the monopoly power of consolidated enterprises.

I am not enough of a business historian to comment on whether anti-trust has ever been used for consumer protection, but it is clear that it is not any more.  That has been one very expensive lesson we can all learn from the Microsoft anti-trust cases, both in the US and Europe. 

If you remember the US cases, Sun, Netscape, Oracle and other Microsoft competitors, having failed to best Microsoft in the marketplace, went running to the FTC to get them to sit on Microsoft for them.  And they were successful, with a series of high-profile settlements.  Nowhere was there even a hint that these cases were about the consumer -- in fact, the settlement demanded was to remove functionality and free add-on components from the Windows OS, making it less attractive to consumers.

We can see this again in the recent decision by an EU court, which seems very happy to use anti-trust law to step on an American competitor in favor of local companies (my emphasis added).

Microsoft was fined $357 million, on top of the record $613 million
fine it paid in the original order. It also faces new penalties of
$3.82 million a day beginning July 31....

The commission has said that it is concerned about Vista's Internet
search capabilities and method of managing digital rights. Regulators
also are worried about the implications for competitors of a new
technology for saving documents that is similar to the Portable
Document Format developed by Adobe Systems Inc.

Microsoft's chief crime is not doing enough to help competitors compete against them:

The fines announced Wednesday come after the EU told Microsoft to
supply "complete and accurate technical specifications" to developers,
so they could make software for servers that help computers running
Windows, printers and other devices on a network talk to each other. It
accused Microsoft of using its monopoly position with Windows to elbow
into the server software market.

Kroes said Microsoft's earlier efforts had not come even close to a readable manual developers could use.

Again, settlements are taking the form of defeaturing the product consumers get:

Smith said Microsoft had suggested various ways it could offer Vista in
Europe, to address concerns about XPS. One option is to ship Vista
without it, while another is to include ways for PC makers or others to
either remove certain XPS utilities or make them invisible.

And, by the way, this certainly gives one a lot of confidence in the due process the courts in Europe are going to give you as an American:

"In some ways, these fines are only partially about complying with the
... prior case, and half about sending a message to Microsoft that the
European Commission is not going away,"

You get that?  It sounds like a mafioso beating someone up because they didn't show him enough respect.

By the way, I am frustrated with Microsoft and their pricing as well.  Rather than run to the government, though, I have employed this and this and this.

Per the NY Times:

As he left the soccer field after a club match in the eastern German
city of Halle on March 25, the Nigerian forward Adebowale Ogungbure was
spit upon, jeered with racial remarks and mocked with monkey noises. In
rebuke, he placed two fingers under his nose to simulate a Hitler mustache and thrust  his arm in a Nazi salute.

In April, the American defender Oguchi Onyewu, playing for his
professional club team in Belgium, dismissively gestured toward fans
who were making simian chants at him. Then, as he went to throw the
ball inbounds, Onyewu said a fan of the opposing team reached over a
barrier and punched him in the face....

Players and antiracism experts said they expected offensive behavior
during the tournament, including monkey-like chanting; derisive
singing; the hanging of banners that reflect neofascist and racist
beliefs; and perhaps the tossing of bananas or banana peels, all
familiar occurrences during matches in Spain, Italy, eastern Germany
and eastern Europe.

I am sure many American black athletes still have stories to tell about encountering racism, but didn't we at least climb out of this kind of pit of overt racism forty years ago or so?  While European sophisticates have looked down their noses at US racial problems, European monocultures seem now not to be ahead of us but behind us in dealing with ethnic diversity.  Though there do seem to be plenty of Americans who long to take our country back to being a monoculture.

A pair of news stories has me spooked tonight.  This first is via Instapundit, and is a story of human pettiness that would be funny if the stakes were not so high:

President Chirac and three of his ministers walked out of the room
when Ernest-Antoine Seillière, the leader of the European business
lobby UNICE, punctured Gallic pride by insisting on speaking the
language of Shakespeare rather than that of Molière.

When M Seillière, who is an English-educated steel baron,
started a presentation to all 25 EU leaders, President Chirac
interrupted to ask why he was speaking in English. M Seillière
explained: "I'm going to speak in English because that is the language
of business."

Without saying another word, President Chirac, who lived in
the US as a student and speaks fluent English, walked out, followed by
his Foreign, Finance and Europe ministers, leaving the 24 other
European leaders stunned. They returned only after M Seilière had
finished speaking.

That's the silly part, but the underlying issue that was being discussed is not so silly:

In the absence of his President, M Seillière gave warning about the
dangers of the "economic nationalism" being pursued by the French
Government. The summit, aimed at restoring confidence in the future of
the EU, has been overshadowed by a row over the tide of protectionism
sweeping the continent, with Tony Blair and Angela Merkel, the German
Chancellor, cautioning about the danger of raising barriers to foreign
competition.

What has me really worried is that the US, the only vaguely consistent defender of free trade in the world for the last 60 years, is having the same discussion, initiated not so much by the economic problems in Europe but by security issues.  As I warned earlier, Congress seems ready to use the events of the Dubai ports mess and the fear of 9/11 to clamp down on foreign investment (sorry, $ required I think):

Building on their win in the Dubai ports deal, U.S.
lawmakers are moving to gain leverage over a swath of foreign
investments in the U.S., an effort that business leaders and President
Bush's aides warn could harm the U.S. economy.

In the first serious legislative move, Senate Banking
Chairman Richard Shelby (R., Ala.) released the summary of a bill
Friday that would greatly expand the array of foreign acquisitions
subject to automatic scrutiny and would require the administration to
notify lawmakers as soon as it begins to review any foreign
transaction. The bill also would require the administration to rank all
countries according to their relations with the U.S. and their support
for weapons-control deals. Approvals would then depend in part on the
ranking of a company's home country.

The administration would have to report to Congress on
why it approved or rejected any transaction, but the bill wouldn't give
lawmakers the power to veto a deal, as many critics feared.

Business groups and Bush administration officials
expressed immediate alarm over several provisions in the bill, which
Shelby aides claim has the support of other members of the Banking
Committee. In a letter to Sen. Shelby this week, seven groups
representing the nation's top banks and finance companies warned that
legislative proposals making the rounds of Congress "would threaten
job-creation prospects for the U.S. economy" and "reduce U.S. economic
growth."

Building on their win in the Dubai ports deal, U.S.
lawmakers are moving to gain leverage over a swath of foreign
investments in the U.S., an effort that business leaders and President
Bush's aides warn could harm the U.S. economy.

In the first serious legislative move, Senate Banking
Chairman Richard Shelby (R., Ala.) released the summary of a bill
Friday that would greatly expand the array of foreign acquisitions
subject to automatic scrutiny and would require the administration to
notify lawmakers as soon as it begins to review any foreign
transaction. The bill also would require the administration to rank all
countries according to their relations with the U.S. and their support
for weapons-control deals. Approvals would then depend in part on the
ranking of a company's home country....

The administration would have to report to Congress on
why it approved or rejected any transaction, but the bill wouldn't give
lawmakers the power to veto a deal, as many critics feared.

Business groups and Bush administration officials
expressed immediate alarm over several provisions in the bill, which
Shelby aides claim has the support of other members of the Banking
Committee. In a letter to Sen. Shelby this week, seven groups
representing the nation's top banks and finance companies warned that
legislative proposals making the rounds of Congress "would threaten
job-creation prospects for the U.S. economy" and "reduce U.S. economic
growth."

This sucks, particularly in the light of a president who has at best been only a luke-warm defender of free trade and who seems to have entirely misplaced his veto pen.  It is an interesting statement on how far this president has wandered from his party's traditional roots that I would greatly prefer to have his predecessor Bill Clinton in office for this fight.  Clinton was certainly a mixed blessing for us anarcho-capitalists, but he was always a strong and articulate defender of free trade, even to the extent of opposing the strong protectionist wing of his party.

In addition to the security issues involved, I have also tackled the overblown fears about trade deficits here, among other places.  For those of you in Arizona concerned about free trade, I know that Congressman Jeff Flake, one of the few remaining folks in Congress who understands free markets and small governments, shares some of these same concerns about rising protectionism.  I hope those of you in his district will continue to send him to Washington to serve us, and I would like to see where our other AZ Congresspersons stand on free trade.  I don't want to pre-judge, but this is one of those issues where I have no trust that McCain (for example) will land on the correct side of the issue.  I fear that conservatives are going to feel the need to flog the security horse right through the November elections, no matter what other principles get trampled in the process.

As a final note, I could add the current backlash against immigrants as
the third leg of this story on rising economic nationalism.  One of the
things that has surprised me the most in getting comments to this blog
is how many people who accept global free trade as right and beneficial
in turn support strong restrictions on immigration (Cafe Hayek comments on economist Robert Samuelson as one such person).
I see free trade and free immigration as having exactly the same
philosophic roots, based in the fact that our rights to trade,
associate, etc. stem from our humanity, not our citizenship.  I won't repeat my argument but you can read it here;
if you are pro-free-trade but anti-immigration, I ask that you give me
five minutes to make the case that no one else seems to want to make
today.  And even if you don't accept the philosophic similarities,
economicly open immigration and free trade are nearly identical issues,
each involving the free flow of labor, capital, and goods across
borders.  If you still can't see the similarity, here is a quick
example:  If I decide that my best sourcing decision is to subcontract
my tech support to Claude in France, I can do this equally well by
either straight outsourcing to Claude where he lives today (global
trade) or by encouraging Claude to move to the US to do the work for me
here (immigration).

Per the BBC News:

More than 160 people were arrested after clashes erupted
in eastern Paris following a day of largely peaceful demonstrations
across France.

Vehicles were set on fire and stores were damaged as masked youths clashed with police.

Twenty-four people, including seven police officers, were injured in the violence, which lasted about six hours.

So what is the provocation?  Are youth being drafted to go to war?  Are fundamental civil rights being taken away?  No, the reason for millions of people on the street and outbreaks of violence is...

Protesters are bitterly opposed to the new law, which
allows employers to end job contracts for under-26s at any time during
a two-year trial period without having to offer an explanation or give
prior warning.

The government says it will encourage employers to hire
young people but students fear it will erode job stability in a country
where more than 20% of 18 to 25-year-olds are unemployed - more than
twice the national average.

 Oh my god, its, its....at-will employment.  Head to the barricades!

In reality, what has happened is that Europe has invented a new type of indentured servitude that works in reverse.  If you remember you history, poor Europeans bought their passage to America in the 16th and 17th century by essentially enslaving themselves for a fixed but finite (as opposed to African slavery) period of time.  They got to come to America, but were forced to work for the same employer without the ability to quit for seven years.

The French have taken this same concept, and flipped it on its head.  If an employer hires someone, the employer is prevented by law from ever firing that person.  In effect, an employer enslaves himself to every employee he hires.  Which might just explain why unemployment is so high over there.  I call it indentured employertude. 

These recent riots also turn history on its head.  In the past, many countries with legalized slavery have faced devastating slave riots and uprisings.  In this case, though, it is not the slaves (employers) doing the rioting to be freed, it is the slave holders (ie the employees) rioting to keep the employers captive.

Is France a total loss?

Today is the anniversary of one of my favorite bits of Phoenix history.  Many people have seen the Steve McQueen movie "the Great Escape",
about a group of 60 or so prisoners who cleverly dug a tunnel out of a
German POW camp and escaped in various directions across Europe, many
of whom where eventually recaptured.

I don't know if such an event occurred in Europe, but an almost
identical real-life POW escape (tunnel and all) occurred right here in
Phoenix, Arizona almost exactly 60 years ago.

Like many isolated western towns in WWII, Phoenix played host to a
number of German POW's, in our case about 1700 in Papago Park.
Phoenix, and in particular Papago Park, with its arid climate and red rocks, must have been quite a culture shock to the Germans.

Anyway, I won't tell the whole story, but it is fascinating and you can read it all here.  A short excerpt:

The
German prisoners asked their guards for permission to create a
volleyball courtyard. Innocently obliging, the guards provided them
with digging tools. From that point on, two men were digging at all
times during night hours. A cart was rigged up to travel along tracks
to take the dirt out. The men stuffed the dirt in their pants pockets
which had holes in the bottoms, and they shuffled the dirt out along
the ground as they walked around. In addition, they flushed a huge
amount of dirt down the toilets. They labeled their escape route Der Faustball Tunnel (The Volleyball Tunnel).

They
dug a 178 foot tunnel with a diameter of 3 feet. The tunnel went 8 to
14 feet beneath the surface, under the two prison camp fences, a
drainage ditch and a road. The exit was near a power pole in a clump of
brush about 15 feet from the Cross Cut Canal. To disguise their plans,
the men built a square box, filled it with dirt and planted native
weeds in it for the lid to cover the exit. When the lid was on the
tunnel exit, the area looked like undisturbed desert.

There
is some dispute about how many people actually escaped -- official
records say 25.  Others argue that as many as 60 escaped, but since
only 25 were recaptured, 25 was used as the official number to cover up
the fact that German POW's might be roaming about Arizona.

The prisoners who led this escape were clearly daring and inventive,
but unfortunately in Arizona lore they are better known for their one
mistake.  Coming from wet Northern European climes, the prisoners
assumed that the "rivers" marked on their map would actually have
flowing water in them.  Their map showed what looked like the very
substantial Salt River flowing down to the Colorado River and eventual
escape in Mexico.  Unfortunately, the Salt River most of the year (at
least in the Phoenix area) is pretty much a really wide flat body of dirt.  The German expressions as they carried their stolen canoes up to its banks must have been priceless.

It
never occurred to the Germans that in dry Arizona a blue line marked
"river" on a map might be filled with water only occasionally. The
three men with the canoe were disappointed to find the Salt River bed
merely a mud bog from recent rains. Not to be discouraged, they carried
their canoe pieces twenty miles to the confluence with the Gila river,
only to find a series of large puddles. They sat on the river bank, put
their heads in their hands and cried out their frustration.

We probably shouldn't make too much fun of these hapless U-boaters, living in a land so far out of their experience:  Apparently the prison guards made Sargent Schultz look like Sherlock Holmes:

Although
the men left in the wee hours of Christmas Eve, the camp officials were
blissfully unaware of anything amiss until the escapees began to show
up that evening. The first to return was an enlisted man, Herbert
Fuchs, who decided he had been cold, wet and hungry long enough by
Christmas Eve evening. Thinking about his dry, warm bed and hot meal
that the men in the prison camp were enjoying, he decided his attempt
at freedom had come to an end. The 22-year old U-boat crewman hitched a
ride on East Van Buren Street and asked the driver to take him to the
sheriff's office where he surrendered. Much to the surprise of the
officers at the camp, the sheriff called and told them he had a
prisoner who wanted to return to camp.

One
of the last to be re-captured was U-boat Commander Jürgen Wattenberg,
the leader of the breakout.  Interestingly, Captain Wattenberg hid out
in the hills just a few hundred yards from my current home.

Note:  I self-plagiarized this story from a post I made a year ago.  If the repetition bothers you, I am happy to refund you the full subscription price you paid for this site.

I had a conversation the other day with a person I can best describe as a well-meaning technocrat.  Though I am not sure he would put it this baldly, he tends to support a government by smart people imposing superior solutions on the sub-optimizing masses.  He was lamenting that allowing a company like GM to die is dumb, and that a little bit of intelligent management would save all those GM jobs and assets.  Though we did not discuss specifics, I presume in his model the government would have some role in this new intelligent design (I guess like it had in Amtrak?)

There are lots of sophisticated academic models for the corporation.  I have even studied a few.  Here is my simple one:

A corporation has physical plant (like factories) and workers of various skill levels who have productive potential.  These physical and human assets are overlaid with what we generally shortcut as "management" but which includes not just the actual humans currently managing the company but the organization approach, the culture, the management processes, its systems, the traditions, its contracts, its unions, the intellectual property, etc. etc.  In fact, by calling all this summed together "management", we falsely create the impression that it can easily be changed out, by firing the overpaid bums and getting new smarter guys.  This is not the case - Just ask Ross Perot.  You could fire the top 20 guys at GM and replace them all with the consensus all-brilliant team and I still am not sure they could fix it. 

All these management factors, from the managers themselves to process to history to culture could better be called the corporate DNA*.  And DNA is very hard to change.  Walmart may be freaking brilliant at what they do, but demand that they change tomorrow to an upscale retailer marketing fashion products to teenage girls, and I don't think they would ever get there.  Its just too much change in the DNA.  Yeah, you could hire some ex Merry-go-round** executives, but you still have a culture aimed at big box low prices, a logistics system and infrastructure aimed at doing same, absolutely no history or knowledge of fashion, etc. etc.  I would bet you any amount of money I could get to the GAP faster starting from scratch than starting from Walmart.  For example, many folks (like me) greatly prefer Target over Walmart because Target is a slightly nicer, more relaxing place to shop.  And even this small difference may ultimately confound Walmart.  Even this very incremental need to add some aesthetics to their experience may overtax their DNA.

Corporate DNA acts as a value multiplier.  The best corporate DNA has a multiplier greater than one, meaning that it increases the value of the people and physical assets in the corporation.  When I was at a company called Emerson Electric (an industrial conglomerate, not the consumer electronics guys) they were famous in the business world for having a corporate DNA that added value to certain types of industrial companies through cost reduction and intelligent investment.  Emerson's management, though, was always aware of the limits of their DNA, and paid careful attention to where their DNA would have a multiplier effect and where it would not.  Every company that has ever grown rapidly has had a DNA that provided a multiplier greater than one... for a while.

But things change.  Sometimes that change is slow, like a creeping climate change, or sometimes it is rapid, like the dinosaur-killing comet.  DNA that was robust no longer matches what the market needs, or some other entity with better DNA comes along and out-competes you.  When this happens, when a corporation becomes senescent, when its DNA is out of date, then its multiplier slips below one.  The corporation is killing the value of its assets.  Smart people are made stupid by a bad organization and systems and culture.  In the case of GM, hordes of brilliant engineers teamed with highly-skilled production workers and modern robotic manufacturing plants are turning out cars no one wants, at prices no one wants to pay.

Changing your DNA is tough.  It is sometimes possible, with the right managers and a crisis mentality, to evolve DNA over a period of 20-30 years.  One could argue that GE did this, avoiding becoming an old-industry dinosaur.  GM has had a 30 year window (dating from the mid-seventies oil price rise and influx of imported cars) to make a change, and it has not been enough.  GM's DNA was programmed to make big, ugly (IMO) cars, and that is what it has continued to do.  If its leaders were not able or willing to change its DNA over the last 30 years, no one, no matter how brilliant, is going to do it in the next 2-3.

So what if GM dies?  Letting the GM's of the world die is one of the best possible things we can do for our economy and the wealth of our nation.  Assuming GM's DNA has a less than one multiplier, then releasing GM's assets from GM's control actually increases value.  Talented engineers, after some admittedly painful personal dislocation, find jobs designing things people want and value.  Their output has more value, which in the long run helps everyone, including themselves.

The alternative to not letting GM die is, well, Europe (and Japan).  A LOT of Europe's productive assets are locked up in a few very large corporations with close ties to the state which are not allowed to fail, which are subsidized, protected from competition, etc.  In conjunction with European laws that limit labor mobility, protecting corporate dinosaurs has locked all of Europe's most productive human and physical assets into organizations with DNA multipliers less than one. 

I don't know if GM will fail (but a lot of other people have opinions) but if it does, I am confident that the end result will be positive for America.

* Those who accuse me of being more influenced by Neal Stephenson's Snow Crash than Harvard Business School may be correct.
** Gratuitous reference aimed at forty-somethings who used to hang out at the mall.  In my town, Merry-go-round was the place teenage girls went if they wanted to dress like, uh, teenage girls.  I am pretty sure the store went bust a while back.

Rioting in the immigrant-heavy, Muslim-heavy quarters of France continues

The unrest started last Thursday when angry
youths protested the accidental deaths of two teenagers in
Clichy-sous-Bois, who were electrocuted when they jumped a wall
surrounding a high-voltage electrical transformer while fleeing police. The
anger spread across the housing projects that dominate many of Paris'
northern and northeastern suburbs, which are marked by soaring
unemployment, delinquency and a sense of despair.

The
rioting has grown into a broader challenge for the French state. It has
laid bare discontent simmering in suburbs where immigrants "” many of
them African Muslims "” and their French-born children are trapped by
poverty, unemployment, discrimination, crime and poor education and
housing.

There are those who want to call this the beginning of a new European Intifada, a war of Muslims against non-Muslims.  They want to portray these riots in the same context as Islamic terrorism and Al Qaeda. 

Call me slow, but I just haven't seen evidence that the recent violence in Paris has religious overtones.  Maybe it is under-reported, but I haven't seen any targeting of Christians or Jews or Jewish Temples and such that one might expect in intifada-type violence. 

So far, a better explanation seems to be that these neighborhoods have been the victim of of the current form of Euro-socialism.  In this economic model, a whole collection of laws make it very expensive for companies to hire anyone.  If you do hire anyone, you have to pay them a very high salary, give them a fat package of benefits, weeks and weeks of paid vacation, and they only have to work 36 hours a week for you.  And, if the person doesn't do a good job, too bad because it is nearly impossible to fire them.  This may appear to be a great system for those who already have a job, but for the unemployed, the young, and the unskilled, it is a disaster.  Who in their right mind is going to take a chance on a young, unskilled employee who you have to pay a fortune and who you can't fire if they aren't any good.  And in particular, who is ever going to hire a young, unskilled immigrant for a job in France?

The answer is no one, which is possibly another reason for the rioting.  France has an unemployment rate that has hovered around 10% for years, but the unemployment rate for those under 25 years old is a truly shocking 23% and I would bet the unemployment rate for young immigrants may be as high as 40-50%. 

In the US, we have gone through phases of this same type of economic thinking.  A big part of motivation behind the original passage of minimum wage law, including the recently famous Davis-Bacon law, was to protect skilled white laborers against wage competition from blacks and immigrants.  Fortunately, the US has always stopped short of the radically distorting labor market laws they have in Europe, but new efforts in this country to raise minimum wages and generally make it harder for immigrants to enter the labor market should worry all of us, particularly those of us in immigrant heavy states like Arizona.

After a couple of days here, some impressions:

• The airline flights that dump you off in Europe at 7am which seemed so convivial when I was consulting are less so when I am a tourist.  We had the experience of arriving at our hotel about 8am, which of course did not yet have a room anywhere near ready.  We had a nice day walking around, but we sure were exhausted by the time we got to our room and had a nap.  Note:  American Airlines 767's have very very uncomfortable business class seats - really a disgrace nowadays.
• The Louvre is magnificent, but is ridiculously big.  It is impossible to digest.  You really have to find a branch of art, like the Flemish painters, and stay in that area.  The Musee d'Orsay, which focuses on 19th century French art, is much more digestible.  Also, it has a cool location in a train station, which was a very important part of 19th century life.
• The French smoking thing has been joked about so much it is almost a caricature, but it is still a shock the first time in a restaurant.  We observed many American smokers reveling in their smoking freedom.  I wonder if there is a business opportunity to sponsor smoking trips to Paris, much like those Asia sex trips to Thailand.
• Wow, the food is expensive!  $50-80 entrees in some places, and for that you can get two slices of tenderloin.  It was good though, and we have yet to have a bad, or even so-so, meal.
• I would feel safer in a golf cart than some of the cars here.  You can really see the trade-offs with fuel economy we make in the US by having crash test standards.  Over here with no crash tests and $6.00 gas, you get lots of tiny cars.  Mini-coopers look average to large-sized here.
• The Champs d'elysees was amazing on Sunday afternoon - a sea of people going up the hill.  It looked like those pictures of the start of the NY marathon, but it went as far as the eye can see.  Amazingly, with all this foot traffic past the door, half the businesses were closed that day (welcome to Europe, I guess)
• There are more shoe stores here than fast food restaurants in Phoenix.  And my wife has stopped in every one of them

I have always been amazed that so many civil libertarians have embraced multi-culturalism.  To be a good civil libertarian, you have to be willing to defend a certain set of principles about individual rights ruthlessly against all intrusion.  But to be a multi-culturalist, you have to be willing to accept values and behaviors that are wildly out of sync with western liberalism as equally "OK".  These two never seemed reconcilable to me -- civil libertarians pursue moral absolutes, while multi-culturalism preaches that there are no absolutes.

Those on the left who have tried to embrace both civil liberties and multi-culturalism have sometimes had to bend themselves into pretzels to try to reconcile these beliefs.  Today we have the unbelievable spectacle of the same people accusing the US of becoming a theocracy because it is slow to embrace gay marriage at the same time defending radical Muslim groups who would kill gays on sight.  We can watch people go ballistic decrying naked human pyramids as "torture" but still defend Saddam and his Baathists as freedom fighters despite the hundreds of thousands they put into mass graves.  And we can observe that the same people who are trying to invalidate judge candidates because they went to prayer breakfasts are calling flushing a Koran down the toilet "torture".

I suspect, though, that the highly illiberal teachings of the Muslim religion may finally be forcing the left to recognize the incompatibilities of their civil libertarianism and their belief in cultural moral equivalence.  This is the theme of a great new piece by Cathy Young in Reason:

The tension between two pillars of the modern left"”multiculturalism and
progressive views on gender"”is not new. It has been particularly thorny
in many European countries where, in lieu of an American-style "melting pot"
approach, immigrants have been traditionally encouraged to maintain their
distinct values and ways. Recently, however, these tensions have started to
come out into the open. According to a
March article
in the German magazine, Der Spiegel, the murder of Dutch filmmaker
Theo Van Gogh by an Islamic extremist last November after he had made a
documentary about the oppression of Muslim women "galvanized the Netherlands
and sent shock waves across Europe."...

Misogyny and gay-bashing"”religiously motivated or not"”still exist
in Western societies as well, though at least they are widely condemned by
the mainstream culture. We should be able to say, loud and clear, that the
modern values of individual rights, equality, and tolerance are
better"”and just say no to multiculturalist excuses for bigotry.

Some good news on this topic, Kuwait has extended women the right to vote.

GWB seems to have riled lots of folks up over his reference in a recent speech to Yalta.  If you have read any of the comentary from the left, you might be imagining he said all kinds of wild things.  I read much of the commentary before I ever read Bush's words, so I was prepared for a real gaffe.  After reading his speech, I was left wondering if those attacking Bush heard the same speech.  Here is the key paragraph:

As we mark a victory of six days ago -- six decades ago, we are
mindful of a paradox. For much of Germany, defeat led to freedom. For
much of Eastern and Central Europe, victory brought the iron rule of
another empire. V-E Day marked the end of fascism, but it did not end
oppression. The agreement at Yalta followed in the unjust tradition of
Munich and the Molotov-Ribbentrop Pact. Once again, when powerful
governments negotiated, the freedom of small nations was somehow
expendable. Yet this attempt to sacrifice freedom for the sake of
stability left a continent divided and unstable. The captivity of
millions in Central and Eastern Europe will be remembered as one of the
greatest wrongs of history.

I am not sure how you can disagree with this.  I think the US owes Eastern Europe a big appology for selling them out at Yalta.  Now, one can argue that we had some reasons for our actions at Yalta.  First and foremost, we were exhausted from the worst war in history, and no one had the energy to gear up for a new confrontation.  Also, one can argue that it may be 20/20 hindisght that causes us to be more aware of Soviet hegemonic intentions than the actors at the time might have been (though certainly Churchill was fully cognizant of the dangers).  But, no matter how you cut it, small countries like Latvia were wiped out of existance and handed over to the Soviet Union by the Yalta agreement, and Bush's audience was made up of people still stung by this.  I think the comparison to Munich is very apt - the US post-WWII was exhausted and was more than ready to suspend disbelief and hope that appeasing Soviet territorial ambitions would head off a fresh confrontation no one had the will to fight.  Reason's hit and run has a nice roundup and further analysis.

The only explanation I can come upfor the uproar is that FDR, like Reagan and Kennedy, has an incredibly powerful though informal legacy protection society that leaps into action at even the smallest attempt to besmirch his historical halo.  In this case, Bush rightly does not even mention FDR; however, since FDR was the main advocate for pandering to Stalin at Yalta (against Churchill's vociforous but ultimately ignored objections), his defense forces feel the need to jump into action.  I would have hoped that with 3 generations separating us from FDR, we could finally look at him objectively.  He fought a fabulous war, in some sense carrying the whole free world on his shoulders for four years.  But he fumbled the peace, though, and screwed up at Yalta.

UPDATE:  Professor Bainbridge has this nice quote from Latvian President Vaira Vike-Freiberga a few days before Bush's speech:

In Latvia ... the
totalitarian occupation ... of Nazi Germany was immediately replaced by
another "“ that of Stalinist totalitarian communist Soviet Union and was
one that lasted a very long time. The day we shall be commemorating
does have double significance and by coming to the Baltic States
President Bush is, I believe, underscoring this double meaning of these
historic events. 60 years ago when the war ended it meant liberation
for many, it meant victory for many who could truly rejoiced in it.

But for others it meant slavery, it meant occupation, it meant
subjugation, and it meant Stalinist terror. For Latvia the true day of
liberation came only with the collapse of the Soviet Union as it did
for our neighbours Lithuania and Estonia.

Sounds a lot like what Bush said.  Seems like Bush is in pretty good touch with the sentiments of the Latvian people he is speaking to.

Silflay Hraka has a nice post on Kyoto and Global warming.  I expressed many of the same thoughts here and here, though Hraka is much more concise and eloquent about it.  However, I missed this bit on Russia:

Europe as a whole may be able to meet its goals thanks to huge potential market in emissions trading brought about by the unprecedented collapse of heavy industry in the former nations of the Warsaw Pact and Soviet Union--graphically portrayed in this pdf from the Guardian--but actual levels of European CO2 output will not fall at all.

That's one reason it was so important for the EU for Russia to ratify Kyoto. Ratification of Kyoto allows that nation to enter into the emissions market, where the EU desperately needs it.

This makes a lot of sense.  I explained here how the Kyoto protocols, and particularly the 1990 date, were carefully structured to slam the US and make meeting targets relatively easy for Europe.  In short, 1990 was the beginning of a massive economic expansion for the US and a decade-long slump for Japan and Europe.  In addition, 1990 marked the date of German reunification and the fall of the Soviet Union -- since this time, thousands of horribly inefficient pollution-producing Soviet industries have shut down, giving Europe a huge reduction credit with no work.  Switch-over from coal to North Seas oil and gas has done the same for Britain.

This one is for Europe, but there are others for the rest of the world.  I got 107 of 111.  I mixed up Latvia and Lithuania and got a couple of pieces of the old Yugoslavia mixed up.  I will admit that I guessed at which half of the old Czechoslovakia was Czech and which was Slovakia.

Europe has never had the strong tradition of or protection of free speech and press that we enjoy in the US.  For years, I have criticized the use of libel laws in Europe to stifle speech -- similar things are attempted in the US, but seldom get very far in the courts.

Now comes this proposal (courtesy of Captains Quarters):

The Council of Europe has called on its 46 member-states to introduce legislation on the right of reply to correct false information on online media.

It said the Committee of (Foreign) Ministers, executive of the European human rights watchdog body, had adopted a recommendation on the right to reply for online Internet media.

This recommended that members consider introducing legislation on the "right of reply or any other equivalent remedy, which allows a rapid correction of incorrect information in online or off-line media......"

Fortunately, our government does not have any legal or constitutional right of reply in any media, though the implications for the Internet are interesting since about 20% of my readers are in Europe, if you can trust my referral logs.  So lets give it a test:  the EU is a bureaucratic, statist nightmare.  There, lets see if that gets a response.

Many people have seen the Steve McQueen movie "the Great Escape", about a group of 60 or so prisoners who cleverly dug a tunnel out of a German POW camp and escaped in various directions across Europe, many of whom where eventually recaptured.

I don't know if such an event occurred in Europe, but an almost identical real-life POW escape (tunnel and all) occurred right here in Phoenix, Arizona almost exactly 60 years ago.

Like many isolated western towns in WWII, Phoenix played host to a number of German POW's, in our case about 1700 in Papago Park.  Phoenix, and in particular Papago Park, with its arid climate and red rocks, must have been quite a culture shock to the Germans.

Anyway, I won't tell the whole story, but it is fascinating and you can read it all here.  A short excerpt:

The German prisoners asked their guards for permission to create a volleyball courtyard. Innocently obliging, the guards provided them with digging tools. From that point on, two men were digging at all times during night hours. A cart was rigged up to travel along tracks to take the dirt out. The men stuffed the dirt in their pants pockets which had holes in the bottoms, and they shuffled the dirt out along the ground as they walked around. In addition, they flushed a huge amount of dirt down the toilets. They labeled their escape route Der Faustball Tunnel (The Volleyball Tunnel).

They dug a 178 foot tunnel with a diameter of 3 feet. The tunnel went 8 to 14 feet beneath the surface, under the two prison camp fences, a drainage ditch and a road. The exit was near a power pole in a clump of brush about 15 feet from the Cross Cut Canal. To disguise their plans, the men built a square box, filled it with dirt and planted native weeds in it for the lid to cover the exit. When the lid was on the tunnel exit, the area looked like undisturbed desert.

There is some dispute about how many people actually escaped -- official records say 25.  Others argue that as many as 60 escaped, but since only 25 were recaptured, 25 was used as the official number to cover up the fact that German POW's might be roaming about Arizona.

The prisoners who led this escape were clearly daring and inventive, but unfortunately in Arizona lore they are better known for their one mistake.  Coming from wet Northern European climes, the prisoners assumed that the "rivers" marked on their map would actually have flowing water in them.  Their map showed what looked like the very substantial Salt River flowing down to the Colorado River and eventual escape in Mexico.  Unfortunately, the Salt River most of the year (at least in the Phoenix area) is pretty much a really wide flat body of dirt.  The German expressions as they carried their stolen canoes up to its banks must have been priceless.

It never occurred to the Germans that in dry Arizona a blue line marked "river" on a map might be filled with water only occasionally. The three men with the canoe were disappointed to find the Salt River bed merely a mud bog from recent rains. Not to be discouraged, they carried their canoe pieces twenty miles to the confluence with the Gila river, only to find a series of large puddles. They sat on the river bank, put their heads in their hands and cried out their frustration.

I know how they feel every summer when we go to Lake Powell and find the water lower than the previous year.  Anyway, we shouldn't just make light of the escapees.  Apparently the prison guards made Sargent Schultz look like Sherlock Holmes:

Although the men left in the wee hours of Christmas Eve, the camp officials were blissfully unaware of anything amiss until the escapees began to show up that evening. The first to return was an enlisted man, Herbert Fuchs, who decided he had been cold, wet and hungry long enough by Christmas Eve evening. Thinking about his dry, warm bed and hot meal that the men in the prison camp were enjoying, he decided his attempt at freedom had come to an end. The 22-year old U-boat crewman hitched a ride on East Van Buren Street and asked the driver to take him to the sheriff's office where he surrendered. Much to the surprise of the officers at the camp, the sheriff called and told them he had a prisoner who wanted to return to camp.

One of the last to be re-captured was U-boat Commander Jürgen Wattenberg, the leader of the breakout.  Interestingly, Captain Wattenberg hid out in the hills just a few hundred yards from my current home.

UPDATE

One reason I thought of this story, beyond being close to the anniversary, was this story about new Harvard Law professor Jack Goldsmith.  Though I am not necesarily a supporter of Mr. Goldsmith's views, the article is a good insight into where campuses are today in terms of academic freedoms.  His conservative views and opinions are treated like some hidden scandal that was missed in his hiring and would surely have disqualified him for the position if known.  I am sympathetic not because I am conservative, but as a libertarian and defender of free markets, I was thought to be an odd duck on campus as well.

The part of the article that got me thinking about the Great Escape was this:

Before he stepped down from his post as a U.S. assistant attorney general this summer, Goldsmith penned a March draft memo arguing that Central Intelligence Agency officials could transfer Iraqi detainees out of their native country for interrogation without violating the Geneva Convention.

The memo said that detainees would still have to be treated in accordance with international humanitarian norms. But Goldsmith's position has drawn fire from human rights activists and some scholars who argue that the memo marks a dramatic reinterpretation of the 1949 treaty, which safeguards the rights of prisoners of war.

I know nothing about the 1949 treaty, but it seems odd that holding POW's in other countries would be outlawed so soon after we did so much of it ourselves in WWII.  Generally, my understanding is that detention of German prisoners in the US went very well for all concerned - in fact, the biggest problem I have ever heard about is that many Germans did not want to leave and be sent back to Germany after the war (see also here).  My guess is that such a ban may have resulted from Soviet actions in the later stages of WWII.  The Soviets sent many, many German prisoners back east, never ever to return, living out a life of slavery in Siberia and other happy locations long after the war was over.  Anyone have any other background on this?

I am reading Olaf Gersemann's book Cowboy Capitalism and enjoying it immensely.  He points out that of the top 20 largest publicly traded companies in the US in 1967, only 11 are even in the top 60 today, much less the top 20.  In contrast, he points out that of the 20 largest German companies in 1967, today, thirty-five years and nearly two generations later, 19 are still in the top 60 and 15 are still in the top 20.

We think of European fascism as having been defeated in 1945, but, at least in terms of fascist economic ideas like the corporate state, it is alive and well in old Europe.  Take France for example.  France is run by an elite group from a couple of universities who circulate and criss-cross paths between government, large corporations, unions, and the military.  This group is loyal to each other first, and to ideology second.  What the US Government stands accused of doing to support Haliburton (forget what actually happened - just take the wildest accusations) happens routinely and as a matter of policy between the French Government and their largest corporations.

Though the US has from time to time made mistakes in this regard (e.g. Chrysler bailout), their actions are nothing compared to the total support that French and German corporations get.  In many industries, the government has gone so far as to fix current business models in place by law, effectively outlawing alternative business approaches (e.g. discounting is illegal in German retailing).  In addition, these countries make entrepreneurship extraordinarily difficult, helping to prevent competition from new upstarts.  For example, Gersemann points out that the cost of organizing a new business entity in the US costs an entrepreneur about a week's pay;  In France and Germany, it costs 4 months pay or over 20x more.

In my article "60 Second Refutation of Socialism, While Sitting on a Beach", I pointed out that wealth is created when people are free to use their mind to envision new things, AND free to pursue this vision without undue barriers.  Europe, in killing entrepreneurship and dynamism, is killing this second criteria for wealth creation.  Propping up aging basic industries, four day work weeks, 8 week vacations, immense public sector employment, and unlimited unemployment benefits may feel good for a while, but they destroy wealth.  Old Europe is like a retired person spending their investment principle:  Quality of life may be good today, but future income and wealth is at risk.

UPDATE

Marginal Revolution has been running a series on some small steps Germany may be taking to change itself.

America experienced no major terrorist attack on its soil in the run-up to the election.  This can't be for lack of trying.  If the terrorists bombed Spain, at best a peripheral country in the war on terror, to influence its election, you know that they would have loved to have bombed the Great Satan.  But they didn't.  All we got was a VHS valentine from Osama.

Thank you to the US Military, to the administration, to the department of homeland security, to the FAA, to the Phoenix Police, to the FBI, to the CIA, and to everyone else who made this non-event possible.  And, thank you to all the citizens of the US, who, whatever issues they might have with those in power, would never harbor a terrorist.  This sounds like an obvious statement, but its not.  It is in fact our best defense against terrorism.  Europe is much more vulnerable, because it has communities and groups and various cities who ARE willing to aid and abet terrorists.

I had this turly over-the-top article from Mark Morford in SF Gate forwarded to me via email, with the forwarding comment "This about sums it up..." After today, I will return to more business topics from politics, but this article gives me the excuse to write my own post-election recap.

Its hard to do this article justice in excerpting it, so I encourage you to follow the link above and read the whole thing, but hear are some choice highlights (bold emphasizes some particular passages I will comment on)

And now Kerry's conceded and the white flag has been raised and we are headed toward the utterly appalling notion of another four years of Bush and another Republican stranglehold of Congress and repeated GOP chants of "More War in '04!"

Which is, well, simply staggering. Mind blowing. Odd. Gut wrenching. Colon knotting. Eyeball gouging. And so on.

You want to block it out. You want to rend your flesh and yank your hair and say no way in hell and lean out your window and scream into the Void and pray it will all be over soon, even though you know you're an atheist Buddhist Taoist Rosicrucian Zen Orgasmican and you don't normally pray to anything except maybe the gods of really exceptional sake and skin-tingling sex and maybe a few luminous transcendental deities that look remarkably like Jenna Jameson.

It simply boggles the mind: we've already had four years of some of the most appalling and abusive foreign and domestic policy in American history, some of the most well-documented atrocities ever wrought on the American populace and it's all combined with the biggest and most violently botched and grossly mismanaged war since Vietnam, and much of the nation still insists in living in a giant vat of utter blind faith, still insists on believing the man in the White House couldn't possibly be treating them like a dog treats a fire hydrant....

This election's outcome, this heartbreaking proof of a nation split more deeply and decisively than ever, it simply reinforces the feeling among much of the educated populace: It is a weirdly embarrassing time to be an American. It is jarring and oddly shattering and makes you rethink what it really means to be a part of this country. The answer: It doesn't mean much at all. Not really. Not anymore...

Maybe we're not all that sophisticated or nuanced or respectable a nation as we sometimes dare to dream....

Maybe, in fact, we're regressing, back to the days of guns and sexism and pre-emptive violence, of environmental abuse and no rights for women and a sincere hatred of gays and foreigners and minorities. Sound familiar? It should: it's the modern GOP platform....

So then, to much of Europe, Russia, Asia, Canada, Mexico, the Middle East -- to all those dozens of major world nations who want Bush out almost as much as the educated people of America, to you we can only say: We are so very, very sorry. We don't know how it happened, either. For tens of millions of us, Bush is not our president and never will be. That's how divisive. That's how dangerous. That's how very sad it has become.

We are not, with another four years of what we just endured, headed toward any sort of easing of bitter tension, a sense of levity, or sexual openness, or true education, or gender respect, or a lightness of spirit and of step.

It is important to recognize that this article is insane. Not slightly over the top or humorous exaggeration, but a truly insane loss of perspective.

Continue reading ‘On Totally Losing Perspective’ »