Coyote Blog

Readers have wondered why I have not really jumped on Alexandria Ocasio-Cortez's Green New Deal plan (which has since been endorsed by most major Democratic presidential candidates).  Well, one-reason is that we had no details, at least until a formal resolution was introduced in Congress and an FAQ went up and then back down on AOC's website.  The Ocasio-Cortez camp claims the FAQ went up by mistake (after previously claiming it was a Republican false flag operation), though I consider it more of a Kinsley Gaffe if it was a mistake at all.

The other reason I have ignored it to this point is the same reason I never enjoyed those American Idol episodes where they show all the people who can't sing but really think they are awesome embarrassing themselves.  It's weird enough seeing people who are incompetent think that they are capable.  It is even weirder seeing that person cheered on by a million other incompetent people on twitter.

But it appears that the entire Democratic Party has rapidly endorsed the plan, and every one of their Presidential candidates have said they are all for it, though site-unseen.  So I guess I have to wallow in a bit.  This may be the first of many posts, or maybe not.  It depends on how much I want to shoot at fish in a barrel.

It's hard to know where to start.  My first overall reaction is that there is no science and no economics in the plan at all.  I find this ironic (though not surprising) given that it comes from the environmental community that has called me "anti-science" for years for doubting global warming forecast rates based on exceptionally high degrees of positive feedback built into computer models.  AOC's entire plan feels like the results of a late-night policy brainstorming by a group of vegan poetry majors who chip in every idea they have seen someone post on Facebook.

Readers know that despite my skepticism that manmade CO2 will cause a climate catastrophe, I have presented a CO2-reduction plan on these pages.  You can read it here, but the three most relevant planks were:

1. A revenue-neutral carbon tax that increased the price of producing CO2 and then let individuals and markets figure out how to do that most efficiently.  Since the point of the carbon tax is not to raise money for politicians but to send pricing signals to fuel users, the proceeds were netted against reductions in other regressive taxes, such as the payroll tax
2. Elimination of all the command and control government programs where politicians pretend they know they best solution to technical-industrial problems and then mandate that scarces resources flow to their preferred solutions.  These are counter-productive, and not necessary since the carbon tax does the work for us
3. Make regulatory changes to unleash a new generation of safe nuclear power, since this is the only high-production, reliable, not time-of-day dependent source of electrical power that we know about.

I did not think it was possible -- I presented the plan above as a transpartisan plan intended to bridge the gaps between Left and Right -- but the Green New Deal is EXACTLY opposite this plan

First, as with many on the Left, AOC does not understand much about economics, so she does not understand the carbon tax.  For the Left, the point of a carbon tax is not to send pricing signals in the marketplace but to raise money for politicians to spend on pet projects.  We saw this back in the Washington State carbon tax proposal, where environmentalists rejected a carbon tax because it was revenue neutral.  In her FAQ, AOC does exactly the opposite of my point 1 and 2.  She wants people just as smart and economically-savvy and scientific and stuff like herself at the top to redesign the US economy and to do this she needs a LOT more money than just a carbon tax:

The Green New Deal is a massive investment in the production of renewable energy industries and infrastructure. We cannot simply tax gas and expect workers to figure out another way to get to work unless we’ve first created a better, more affordable option. So we’re not ruling a carbon tax out, but a carbon tax would be a tiny part of a Green New Deal in the face of the gigantic expansion of our productive economy and would have to be preceded by first creating the solutions necessary so that workers and working class communities are not affected. While a carbon tax may be a part of the Green New Deal, it misses the point and would be off the table unless we create the clean, affordable options first.

Do you start to see the Great Leap Forward analogy?  Just to finish off the thought, AOC also goes the opposite direction of my nuclear point, proposing to ban nuclear power and dismantle  all that carbon-free electricity production.  Ask Germany how well that has worked out for them, as they have been forced into a rush of new coal-fired plants, or New York that is building three new large natural gas plants to replace the nuclear plants it is closing.  I will bet a thousand dollars that AOC has no real knowledge of nuclear safety nor has she spent probably 5 minutes studying the new generation of nuclear technologies.  Frankly, I bet as far as she has thought about it is that it is expected to be anti-nuclear on the Left so she is anti-nuclear like the other cool kids.

Every dumb, unscientific nostrum for energy-use reduction has at one time or another over the last several months been attached to the plan.  One example is the call for dismantling industrial agriculture and promoting local food production.  This is easily one of the silliest ideas (for fuel reduction) I can imagine and have written about it before.  I have no problem if you want to buy locally and don't want to buy from Kraft or Cargill.  Power to you.  But the conclusion that local food production will save energy is exactly the sort of conclusion that people with no experience rigorously analyzing scientific problems come up with.  They jump from the fact that Agriculture uses a lot of energy to "it must all be in transportation" and thus conclude "local agriculture will save lots of fuel."  But this is absurd.  First, fuel use in agriculture is not mostly transport to the end consumer.  The actual growing process consumes most of the fuel, and this fuel use is much more related to land productivity and economies of scale that would be destroyed by a local agriculture mandate.   And even if it did actually improve fuel use, think of the other environmental effects of growing food locally on land less-suited to its production -- you would greatly increase land and water use, just to start, both likely creating more environmental problems.

I am reminded of Mao's idea during the Great Leap Forward that China needed to produce all its steel locally in home-based backyard furnaces (I kid you not).  I think most of us can predict the obvious result - steel production crashed because you can't produce steel in any kind of amount or quality in the backyard.  But there were two less obvious results as well.  One, this contributed to the crash in agricultural output as skilled agricultural labor and resources was diverted to this silly steel-making scheme.  And two, whole forests were denuded as people sought out fuel for these furnaces.  China is still recovering from environmental messes this caused.  India barely avoided the same disaster as Ghandi wanted to eschew industrial production in favor of home spinning and weaving.  THIS is what you get when you let ignorant people command and control the economy.  Heck, this is what you get even when you let really, really smart people command and control the economy.

Update:  Since I have eschewed Twitter, mostly, of late, I missed the fact that #greenleapforward is the term folks are converging on.  Happy to go with that.

As a reminder, I have the cover story in Regulation magazine's Summer 2018 issue.  You can find links to the article and the issue, as well as a growing FAQ, here.

I have written the cover story for the Summer 2018 issue of Regulation magazine, titled "How Labor Regulation Harms Unskilled Workers."  The link to the Summer 2018 issue is here and the article can be downloaded as a pdf here.  I meant to be a bit more prepared for this but it was originally slated for the Spring issue and it (rightly) got kicked to the later issue to add a more timely article on tariffs and trade.  The summer publication date sort of snuck up on me until I saw that Walter Olson linked it.

FAQ  (I will keep adding to this as I get questions)

How did a random non-academic dude get published in a magazine for policy wonks? This piece started well over  a year ago, back when my friend Brink Lindsey was still at Cato (he has since moved to the Niskanen Center).   I had told him once that I was spending so much of my personal time responding to regulatory changes affecting my company that I had little time to actually focus on improving my business.  I joked that we were approaching the regulatory singularity when regulations were added faster than I could comply with them.

Brink asked that I write something on small business and regulation.  After about 10 minutes staring at a blank document in Word, I realized that was way too broad a topic.  I decided that the one area I knew well, at least in terms of compliance costs, was labor regulation.  After some work, I eventually narrowed that to the final topic, the effect (from a business owner's perspective who had to manage compliance) of labor regulation on unskilled labor.

Once I finished, I was ready to just give up and publish the piece on my blog.  I sent it to Brink but told him I thought it was way too rough for publication.  He told me that he had seen many good published pieces that looked far worse in their early drafts, so I buckled down and cleaned it up.  My editor at Regulation took on the heroic task of getting the original monstrosity tightened down to something about half the length.  As with most good editing processes, the piece was much better with half the words gone.

The real turning point for me was advice I got from Walter Olson of Cato.  I "know" Walter purely from blogging but I love his work and had been a substitute blogger at Overlawyered in its early years.  At one point, I was really struggling with this article because I kept feeling the need to address the broader viability of the minimum wage and the academic literature that surrounds it.  But I am not an academic, and I have not done the research and I was not even familiar with the full body of literature on the subject.  Walter's advice boiled down to the age-old adage of "write what you know."  He encouraged me to focus narrowly on how a business has to respond to labor regulation, and how these responses might effect the employment and advancement prospects of unskilled workers.  As such, then, the paper evolved away from a comprehensive evaluation of minimum wages as a policy choice (a topic I have opinions about but I don't have the skills to publish on) into a (useful, I think) review of one aspect of minimum wage policy, a contribution to the discussion, so to speak.

Update:  Eek, I forgot since I started this so long ago.  I also owe a debt of gratitude to about 8 of our blog readers who own businesses and volunteered to be interviewed for this article so I could make sure I was being comprehensive.

There are many positive (or negative) aspects of labor regulation you have excluded!  Yes, as discussed above this paper is aimed narrowly at one aspect of labor regulations -- understanding how businesses that employ unskilled workers respond to these regulations and how those responses affect workers and their employment and advancement prospects

Everyone knows employer monopsony power means there are no employment or price effects to minimum wage increases.  Some studies claim to have proved this, others dispute this.  I would say that this statement has always seemed insane from my perspective as a small business owner.  It sure doesn't feel like I have a power imbalance in my favor with my workers.   I address this with a real example in the article but also address it in much more depth here.  The short answer is that for minimum wages to have no employment or price effects, a company has to have both monopsony power in the labor market AND monopoly power in its customer markets.  Without the latter, all gains from "underpaying" a worker due to monopsony power get competed away and benefit consumers (in the form of lower prices) rather than increase a company's profit.

The costs of these regulations are supposed to come out of your bloated profits.  Perhaps that is what happens at Google, where compliance costs are a tiny percentage of what their highly-compensated employees earn and where the company enjoys monopoly profits in its core businesses.  For those of us in highly-competitive businesses that employ unskilled workers, our profit margins are really thin (as explained in more depth here).  When profits are close to the minimum that supports further investment and participation in the business, then labor regulatory costs are going to get paid by consumers and workers.

Then maybe the best thing for workers is to create monopolies.  Funny enough, this idea was actually one of the centerpieces of Mussolini's corporatist economic model, a model that was copied approvingly by FDR in the centerpiece New Deal legislation the National Industrial Recovery Act (NRA).  The NRA sought to create cartels in major industries that would fix prices, wages, and working conditions, among other things.   The Supreme Court struck the legislation down, a good thing since it would have been a disaster for consumers and for innovation and probably for most workers too.  As a bit of trivia, this year's Superbowl winner the Philadelphia Eagles was named in honor of this law.  More here.

So do you think minimum wages are a good policy overall or not?  Hmm, mostly not.  For a variety of reasons, minimum wages are a very inefficient way to tackle poverty (and also here), and tend to have cronyist effects that help one class of worker at the expense of other classes (this latter should be unsurprising since many original supporters of the first federal minimum wages were explicitly hoping to disadvantage black workers competing with whites).

Why are you opposed to all these worker protections?  Or, more directly, why do you hate workers?  This is silly -- I am not and I don't.  However, this sort of critique, which you can find in the comments below, is typical of how public policy discussion is broken nowadays.  When I grew up, public policy discussion meant projecting the benefits of a policy and balancing them against the costs and unintended consequences.  In this context, I am merely attempting to air some of the costs of these regulations for unskilled workers that are not often discussed.  Nowadays, however, public policy is judged solely on its intentions.  If a law is intended to help workers (whether or not it will every reasonably achieve its objectives), then it is good, and anyone who opposed this law has bad intentions.  This is what you see in public policy debates all the time -- not arguments about the logic of a law itself but arguments that the opposition are bad people with bad intentions.  For example, just look in the comments of this and other posts I have linked -- because Coyote points out underappreciated costs to laws that are intended to help workers, his intentions must be to harm workers.  It is grossly illogical but characteristic of our post-modernistic age.

I will retell a story about Obamacare or the PPACA.  Most of my employees are over 60 and qualify for Medicare.  As such, no private insurer will write a policy for them -- why should they?  Well, along comes Obamacare, and it says that my business has to pay a $2000-$3000 penalty for every employee who is not offered health insurance, and Medicare does not count!  I was in a position of paying nearly a million dollars in fines (many times my annual profits) for not providing insurance coverage to my over-60 employees that was impossible to obtain -- we were facing bankruptcy and the loss of everything I own.  The only way out we had was that this penalty only applied to full-time workers, so we were forced to reduce everyone's hours to make them all part-time.  It is a real flaw in the PPACA that caused real harm to our workers.  Do I hate workers and hope they all get sick and die just because I point out this flaw with the PPACA and its unintended consequence?

I've heard that raising the minimum wage increases worker productivity so much that businesses are better off.    I know there is academic literature on this and I am frankly just not that familiar with it.  I can say that I have never, ever seen workers suddenly and sustainably work harder after getting a wage increase.  What I see instead is employers doing things like cutting back employee hours and demanding the same amount of work gets done.  This could result in more productivity if there was fat in the system beforehand but it also can result in things like lower service levels (e.g. the bathrooms get cleaned less frequently).   Without careful measurement, these changes could appear to an outsider to be productivity gains.  In addition, as discussed in the article, with higher minimum wages employers can substitute more skilled for less skilled workers, which can result in productivity gains but leave unskilled workers without a job.

Workers are human beings.  It is wrong to think of them as "costs" or "resources".  The most surprised I think I have ever been on my blog is when I got so much negative feedback for writing that the best thing that could happen to unskilled workers is for someone to figure out how to make a fortune hiring them.  I thought this was absolutely obvious, but the statement was criticized as being heartless and exploitative.  My workers are my friends and are sometimes like family.  I hire hundreds of people over 60 years of age, people that the rest of society casts aside as no longer useful.  They take pride in their ability to continue to be productive.   You don't have to tell me they are human beings.  Just this week I have helped modify an employee's job responsibilities to help them manage their newly diagnosed MS, found temporary coverage for a manager who needs to get to a relative's funeral, found a replacement for a manager that wants to take a sabbatical, and loaned two different employees money to help them through some tough financial times.  From a self-interested point of view, I need my employees to be happy and satisfied in their work or they will provide bad, grumpy service.  But at the end of the day I can only keep these people employed if customers are willing to pay more for the services they provide than the employees cost me.  If the cost of employing people goes up, then either customers have to pay more or I can hire fewer employees.

You probably support child labor too.   Child labor laws are an entirely reasonable zone of government regulation.  The reason this is true stems from the definition of a child -- a child is someone considered under the law to lack agency or the ability to make adult decisions due to their age.   We generally give parents, rightly, a lot of the responsibility for protecting their children from bad decisions, but I am fine with the government backstopping this with modest regulations.  In other words, I have no problem with the law treating children like children.  Instead, I have a problem with the law treating adults like children.

Aren't you just begging to get audited?  Hah!  That's what my wife says.  To me, the logical response of a regulator should be, "wow, this guy knows the law way better than most of the business folks we deal with, so he probably is not a compliance risk" -- but you never know.  Actually, we have been audited many times on many of these laws.  So much so that practically the first series of posts I did on this blog, way back in the blog pleistocene era of 2004, was 3 part series on surviving a Department of Labor audit.  Looking back on the series, everything in it (which included experience from a number of different audits) still seems valid and timely.

I got a notice in my email that I was potentially a member of a class action against LinkedIn.  What is the case?

The Action challenges LinkedIn's use of a service called Add Connections to grow its member base. Add Connections allows LinkedIn members to import contacts from their external email accounts and email connection invitations to one or more of those contacts inviting them to connect on LinkedIn. If a connection invitation is not accepted within a certain period of time, up to two "reminder emails" are sent reminding the recipient that the connection invitation is pending. The Court found that members consented to importing their contacts and sending the connection invitation, but did not find that members consented to LinkedIn sending the two reminder emails [plaintiffs seem to have other grievances but this is the only one they say the court validated].

You have got to be kidding me.  How much time and money has been spent on this stupidity?

So I wanted to tell them to go screw themselves, and that this was not done in my name and I want nothing to do with it.  Of course there are simple web forms for joining the class and asking for payment, but to be excluded one has to follow a series of detailed instructions and send a snail mail.  Apparently if I do nothing I am part of this fraud whether I want to be or not.  I particularly like the last line of the opt-out instructions (FAQ #9)

This request must include the case number of the Action (Case No. 5:13-CV-04303-LHK), your name, address, email address, phone number and signature, and a statement that you wish to be excluded from the Settlement Class.  If the exclusion request does not include all of this information, or if it is sent to an address other than the above, or if it is not postmarked within the time specified, it will be invalid, and you will remain a member of the Settlement Class and be bound as a Class Member by the Settlement Agreement, if approved.  “Mass” or “class” opt-outs purporting to be made on behalf of multiple persons or classes of persons shall not be allowed.

So mass torts purporting to be made on behalf of a class of persons without even consulting them are A-OK, but mass opt-outs from the class are not allowed.

Postscript:  At first I thought the opt-out headache was the plaintiff's attorney trying to protect their fees, but their fees seem set.  In retrospect, my guess is the difficult opt-out comes from the defense, because opting out leaves one eligible to sue again and having settled this one, I am sure LinkedIn does not want a second class trying to take a second bite of the apple.

Followup #2:  Engadget's reaction to the case:  Oh look, free money!

And the sum is likely to be small, though LinkedIn promised to increase the total amount by $750,000 if individual payouts are less than $10. Still, money is money, so if you're willing to swear that the company spammed folks on your behalf, you can apply for compensation here.

I do not know this author's politics, but I can say from personal experience that the majority of the most breathtakingly amoral statements about money I have heard in real life (ie excluding cartoon lines written by Hollywood for business people) have come from Progressives.

Update:  This post may be unfair, as discussed here.  I am not fully convinced, though.

A few days ago I posted a negative review of Applied Underwriters, and linked to this post on my blog for much more detail.  Yelp promptly pulled the review, saying I violated their terms of service by linking to a commercial web site.  I thought that bizarre, since my blog has absolutely nothing commercial about it.   But it made more sense when I received a letter from Applied Underwriters demanding that I take down my negative Yelp review or they would sue me for libel.  I don't know for sure what happened, but I suspect that Applied Underwriters sent Yelp a similar demand and they used the link in the review as an excuse to delete it and avoid legal entanglements.

So I posted an updated review with more detail and no link.  Now, Yelp is hiding the review, along with most of the other negative reviews, behind a nearly invisible link at the bottom that says "other reviews that are not currently recommended".  Scroll down to the bottom of this page and you may see it if you have a keen eye.  It is not even clear it is a link, but if you click on it, you get all the bad reviews Yelp is hiding.

Let's dismiss all the reasons why Yelp might say they do this.  One is clarity, to reduce clutter.  But go to your favorite restaurant Yelp page.  Likely you will not see this link / hidden review phenomenon.  You will see pages and pages of reviews, far more than they would have to show if they just displayed all the reviews for Applied Underwriters.

So there must be another reason.  They say in their note there is a quality algorithm.  Anyone who has read a lot of Yelp reviews will know that if this is so, their quality algorithm is not working very hard.   They have a number of reviews that they "recommend" that are nothing more than a rant like "I will never use these guys again" while my unrecommended review includes paragraphs of detail about the service.  They say it is based on your review volume as well, but I have more Yelp review volume than several of the others who seem to pass the screen.

All of which leads me to believe that this is Yelp's purgatory where they hide reviews based on corporate pressure.  They have gotten a lot of cr*p publicly about deleting bad reviews from sponsors and from corporations that pressure them to do so.   They have a zillion self-righteous FAQ's asserting that they don't delete anything.   So imagine Applied Underwriters sends Yelp loads of threats to take down each negative review that comes up.  What do they do?  They put them in the not-recommended purgatory.  They can claim that they haven't deleted anything, but absolutely no one will ever likely see the review.  And they don't count any longer to the company's review count, so for all intents and purposes they are gone.

All of this is a guess, because it is absolutely impossible to contact Yelp about these issues.  No phone numbers.  The ones in general directories for San Francisco don't work for them.  You can't email or chat or contact their customer support in any way.  For a company in the transparency business, they avoid it like the plague.

But do you want to know what makes me doubly sure of my analysis?  Because there is no way to up-rate any of the "not recommended" reviews.  I would have thought the whole up-rating system was how they sorted reviews to present the most relevent at the top, but you can't do that with the ones they have put in purgatory.  Why?  Because these reviews are being put in purgatory not for some customer benefit but to protect corporations able to put pressure on Yelp.  Yelp doesn't want them uprated.  They are supposed to disappear.    If I had time, I would compare the number of "not recommended" reviews for corporations with powerful legal staffs like Applied Underwriters to the number for Joe's local business  (AU has 17 recommended reviews but a 28 full reviews that have been "disappeared" as unrecommended).

I saw this by accident on the California FAQ on the state minimum wage.

1.	Q.	What is the minimum wage?
	A.	Effective January 1, 2008, the minimum wage in California is $8.00 per hour. It will increase to $9.00 per hour effective July 1, 2014, and to $10.00 per hour effective January 1, 2016. For sheepherders, however, effective July 1, 2002, the minimum wage was set at $1,200.00 per month. On January 1, 2007, this wage increased to a minimum monthly salary of $1,333.20, and on January 1, 2008, it increased again to a minimum monthly salary of $1,422.52. Effective July 1, 2014, the minimum monthly salary for sheepherders will be $1600.34. Effective January 1, 2016, the minimum monthly salary for sheepherders will be $1777.98. Wages paid to sheepherders may not be offset by meals or lodging provided by the employer. Instead, there are provisions in IWC Order 14-2007, Sections 10(F), (G) and (H) that apply to sheepherders with respect to monthly meal and lodging benefits required to be provided by the employer.

 

What the hell?  The new minimum wage is absolutely appropriate to every industry in California except sheepherding?  It would be interesting to see the political process that led to this one narrow special rule.  The state Speaker of the House's brother-in-law is probably in the sheep business.

This kind of crap is frustrating as hell for me.  We have a labor model that is generally not even considered when politicians are setting labor law, and thus compliance causes us fits.  I would love special labor exemptions for my workers as well, but I don't have any pull in Sacramento.

Postscript:  While most folks think of the minimum wage as a restriction on employers, it is just as much a restriction on workers as well.  I am glad to see the California site acknowledge this:

3.	Q.	May an employee agree to work for less than the minimum wage?
	A.	No.

Up to this point, after some initial bad impressions trying Windows 8 briefly, I have avoided it like the plague.  However, my son needed a new laptop and the only ones that really met our requirements only came in Windows 8 flavors, so we bought one.

What an awful mess.  The system boots up into a tiled mess that looks like some cheesy website covered in moving gifs and viagra ads.  To make matters worse, nothing on this tablet-based interface is organized at all logically.  The interface is like the room of an ADD child that dropped all of his toys and books in random spots.  I am sure these tiles have some sort of navigation paradigm, but it is completely different from any used in past windows versions.  I could not, for example, figure out how to easily exit the store except to alt-tab out (there is no exit or quit option and right-click context menus which are one of the great advantages of windows over mac don't seem to work a lot of the time).  Again, I am sure there is some way to do it, but I have no idea what it is and no desire to learn new navigation commands.  Perhaps Microsoft intends that one use a gamepad instead of a mouse -- I would not be surprised at this point.

Unlike older versions of windows, windows update did not run automatically at first bootup.  I knew from past experience there were likely dozens of security patches I needed to install right away.  I hunted for quite a while just to find the windows control panel (so I could run windows update).  It was buried in a sub-menu of a toolbar on the right side of the screen that only pops up if you find a tiny (unmarked) spot in the corner of the screen with your mouse.   It amazes me that anyone thought replacing the start button with an unmarked spot on the screen was a good idea.

Of course, the control panel is called something entirely different now, but I did eventually find windows update and there were, as expected, over 70 security patches that needed to be installed.  But for some reason they would not download immediately, but kept giving me a message that they would be downloaded at some future indeterminate date.  I finally found a way to force them to download.

My next step was to get rid of the stupid application tile interface and get the computer to boot directly to desktop and get the old start button back.  This requires a free upgrade to windows 8.1, but there is no obvious way to do this, even through windows update.  I finally had to search the internet to find the link.  This sent me into the windows 8 app store.  What a total mess that is!  If anything, it is more poorly organized than the Apple app store.  Like the Apple store, it seems aimed at people who want to browse applications virtually at random rather than find something specific.  Incredibly, there is no search function.  Yes, I know, I have to be wrong about that, but I scrolled all over that damn storefront and cannot find a search box.

So I cannot actually find the Windows 8.1 upgrade.  The web site tells me that I should be presented with a prominent option to download it in the store, but I am not.  It is nowhere to be found.  I found an FAQ somewhere that suggested that I would not be offered the 8.1 upgrade if my 8.0 installation is missing certain patches, so I am going back to windows update to see if there is something I am still missing.

I was wrong about windows 8 -- I once wrote it was bad but perhaps not as bad as Vista or ME.  But it is.  This is the worst thing I have ever seen come out of Microsoft.  It is inexplicable that this company with such a strong market share in the business world could saddle its flagship OS with an interface more appropriate to an XBOX.

In the past, I have said that I would not want a desktop with a tablet interface.  But at the end of the day, I would not want a tablet with this interface.  Perhaps with hours of work, I will make this computer usable.  Who would have ever thought I would have longed for the day when I had to spend an hour with a new computer removing bloatware.  Now I have to spend a day trying to emulate the windows 7 experience on windows 8.

People have developed many hypotheses for the lingering recession.  Some say it was too small a stimulus.  Some blame the sequester.  I blame the Windows 8 launch, which I think has a lot to do with suppressing PC sales and thus much of the electronics and retailing sector.

Due to budget cuts, Arizona State Parks is closing 13 of its 22 state parks.  This last week, I have been making the rounds of the state government, from the state legislature to the head of Arizona State Parks, with a proposal to keep the 7 largest of these closed parks open, and pay the state money for the privilege.  Unfortunately, we have had only mixed success with a proposal that seems to me to be a win-win for everyone.  Our local newspaper editorialized against my proposal, without even knowing the details  (my response here).  So in this post, I am going to give the details of our proposal, and solicit your feedback, especially those of you in Arizona.  All I ask is that you read the whole thing, and not just leap into the comments section having just read and reacted to (positive or negative) this first paragraph about private operation of public parks.

Background

Our company, Recreation Resource Management (RRM), is over 20 year old, and we operate over a hundred public parks under concession agreement for the US Forest Service, the National Park Service, the Tennessee Valley Authority, California State Parks, and many others.  Traditionally, park concessions used to be limited to private companies running the gift shop or the bike rental inside a park.  And we do some of that (for example we run the store and marina at Slide Rock and Patagonia Lake State parks).  But our preferred niche has always been to run entire parks on a turnkey basis.  We run a huge variety of facilities that largely parallel anything we might find in the Arizona State Parks system -- including campgrounds, day use and picnic areas, boat ramps, hiking trails, wilderness areas and historic buildings.  The largest parks we run are twice as busy as Slide Rock or Lake Havasu and four times as busy as any of the parks we are proposing to manage.  We currently run parks today literally right beside some of these Arizona State parks.  All of this is to say that the parks in Arizona are absolutely normal and typical resources that we manage.

A concession contract works much like a commercial lease.  We sign a contract allowing us to run the park for profit, and then pay the state a rent in the form of a percentage of fee revenues.  The typical operating agreement includes over 100 pages of standards we must conform to, from fee collection to uniforms to customer service to bathroom cleaning frequency to operating hours.

Our Proposal

At all of my meetings this week I made three offers, each of which we were willing to commit to immediately  (we could actually be up and running with about 21 days notice):

1. RRM offered to keep some or all of six parks open out of thirteen on the current closure list.  These parks are Alamo Lake, Roper Lake, Tonto Natural Bridge, Lost Dutchman, Picacho Peak and Red Rocks (park but not the environmental center).  Not only could these stay open, but we could pay rent as a percentage of fee revenues to the state, money that could be used to keep other operations open.  While these parks represent about half of the closure list by number, by visitation they represent well over 90% of the closure list.  Combined these parks had a net operating loss of $659,000 to ASP, which we propose to turn into a net gain for the parks organization.
2. RRM offered to operate five parks that are currently slated to stay open but where we could pay rents that are higher than the net revenue figure ASP showed for FY2009.  These parks are Patagonia Lake, Buckskin Mountain, Dead Horse Ranch, Fool Hollow and Cattail Cove.  Combined, this group of parks lost money for ASP in 2009 which we propose to turn into a solid net gain.
3. While we would need to do more study, RRM suggested it might take on some of the smaller, money-losing parks beyond those mentioned above if they were packaged in a contract with some of the other parks listed above

To avoid problems with the procurement process, we offered to take as short as a 1-year contract to give ASP time to prepare a longer-term bid process.  We also agreed to maintain all current park fees for the next year without change (in contrast to ASP current plans to raise fees), and agreed that no fee could be changed without ASP approval.  The only help we asked for was

• We perform rules enforcement, but we need law enforcement backup form time to time
• We perform routine maintenance and keep the park safe and attractive, but many of these parks have substantial deferred maintenance problems that we cannot take on with only a 1-year contract  (but would be willing to invest capital to repair under a longer term arrangement)

And if the ability to keep almost half the parks slated for closure open was not enough of a value proposition, we proposed one additional benefit.  Any parks that are put under private concession management immediately cease to be a political football.  For years, parks organizations have closed and opened parks in a game of chicken with legislators, with the public as the victim.  Parks under private concession management no longer are subject to such pressures, as they are off the budget.  Back in the 1990's, when the new Republican Congress squared off with President Clinton over the budget, the government was shut down for a while, including all federal recreation facilities -- EXCEPT those under private concession management.  We got calls from the media saying, why are you open?  To which we replied -- hey, you have now discovered one benefit of private concession management -- the parks we manage are no longer political pawns.

Reactions

So far we have had really good and positive reactions from Arizona legislators  (I have not been able to see any of the Governor's staff).

The reaction from Arizona State Parks has been more muted.  While they are publicly open to all proposals, in reality this is the absolute last thing most of their organization wants to do  (you should see the body language in some of our meetings, it is a lot like trying to sell beer at a Baptist picnic).  They have not said so explicitly, but from long history with this and other parks organizations I can guess at some of the issues they have:

1. Distrust of and distaste for private management runs deep in the DNA of the organization.  Many join parks with a sense of mission, seeing unique value to public ownership of parks and lands.  I attempt to explain that this value still exists, that what they are turning over is operations, not management and control, but I don't get very far.  I try hard to give the new management of Arizona State Parks a clean slate, but I can't help but be affected by something I saw their previous director say.  Back in about 2004 we hosted a breakfast at a convention of state parks directors up in Michigan, I believe.  Someone must have forgotten to throw us out of the room, because we witnessed the head of Arizona State Parks stand up in front of his peers and demand that they all hold the line against private management as one of their highest priorities.  It was made clear that state organizations that stepped out of line would incur the wrath of other states.  This summer we participated in a series of meetings in California called by Ruth Coleman, who is the head of the parks organization there and someone I admire.  She was trying to break the organization out of its old culture, but it was very clear in roundtable discussions that the rank and file would rather see the parks closed to the public than kept open using private concession management.
2. I mentioned earlier that private management brings a benefit to the public of keeping the parks from being a political football.  But the parks organization feels like it needs that football.  Without the threat of park closures, it feels like its budget will be gutted like a fish.  And, now that its budget has been gutted, it still holds out hope its money will be restored and needs the park closures to keep up the pressure.  As long as there is even the slightest hope of budget restoration, a hope which I am pretty sure will "spring eternal," my proposal, no matter how much it makes sense for the people of Arizona, will never be adopted.

Again, these are just guesses.  Renee Bahl of Arizona State Parks has told me they are open to all new ideas, and I will take her at her word.

Libertarian Concerns

Those of you who know me to be a libertarian might wonder how I function in this environment.  The answer is, "with difficulty."  I have a strong philosophic passion to bring quality private management to public services, and this opportunity is a good one.  And I am not adverse to making money while doing so.  But I am adverse to rent-seeking, and there is admittedly a thin line between trying to make positive change and rent-seeking in this case.

I generally avoid this by insisting on short initial contracts (in this case 1 year) to prove out the concept and to allow time for the public agency to figure out how to put this beast through a procurement process that probably was not well designed for this type of thing.   This is what I did when the US Forest Service approached us with an idea to bring private management to the snow play area at Wing Mountain near Flagstaff.  We took it on a one-year contract (which grew to 2 years) and then the contract went out for public bid  - which we won - for 10 years.  We are very good at what we do and are not at all afraid to compete.  The only time I will not compete is when I perceive someone has a political connection that gives them an inside track.  After two or three losses in Florida counties to a company with no experience but a brother-in-law on the County commission, I realized it was just a waste of time to bid on these situations.

Conclusion

Please give your reactions and concerns in the comment section.  For those who disagree with private management of public resources, I will be honest and say you are unlikely to change my mind, as I have dedicated all my time and my life savings to the proposition.  But you may help me better understand and tailor our service to address public concerns.  I will try to keep the FAQ below updated based on what I am seeing in the comments.  If you are in Arizona and know someone you think I should be talking to, drop me an email at the link above.

FAQ

Does your company take ownership of the park? No.  The parks and all the facilities remain the property of Arizona State Parks.  We merely sign an operating lease, with strict rules, wherein we operate the park, keep the fees paid by the public, and pay the state a "rent" based on a percentage of the fee collections.  Even when we invest in facilities, like this store building and cabins, they become the property of the public at the end of the contract.

How can the state afford to pay you if they have no budget? We are not paid by the state, and receive no subsidy.  100% of our revenue is from fees paid by visitors to the park we operate.  If we don't run a good operation that is attractive to visitors, we don' t make any money.

Doesn't the state lose out if you keep all the fees? No.  Mainly because in all the parks we have proposed to take over, the state has net operating losses of up to $200,000 or more a year.  By taking over the park, their losses go away AND they receive extra money in the form of rents we pay.  We are able to do so because we have developed efficient processes for managing campgrounds and have a flexible and dedicated work force.

Are you going to build condos and a McDonald's? No.  The fact that this is such a common question is amazing to me, as we operate over 100 parks in this manner across the country and you would not be able to tell the difference between the facilities we manage and any other public park.  Under the terms of our operating contract, we cannot change fees, facilities, operating hours, or even cut down a tree without written approval form the parks organization.

Are you going to just jack up fees? No.  We have committed in our offers to keep fees flat for the next year.  We cannot raise fees without state approval, and we work hard to keep public recreation affordable.  Last year was a very good year for us because, in a recession, our low-cost recreation options gave many families on a budget a chance to have a quality recreation experience.

Why just a one year contract? We would actually prefer a longer contract, as this allows us to actually make approved capital improvements to parks (for example, we have installed many cabins in public parks we operate).  However, we have offered to take these under an initial contract that is just long enough to allow longer-term contracts to be fairly offered on a competitive bid basis.

Maybe no one trusts you because you are small and unproven? Well, perhaps.  But last year our total fee revenue was nearly $11 million, making us slightly larger than the Arizona State Parks system.  We have a proven record with decades of positive performance reviews from government agencies around the country.   For example, for those of you form Arizona, if you have stayed at a US Forest Service developed campground near Flagstaff, Sedona, Payson, or Tucson,  or sledded at Wing Mountain, you probably have stayed in a facility we operated.  We already operate two concessions in Arizona State Parks, and have a great record working with the organization.

This is perhaps my favorite FAQ question that I have ever seen, in a Popular Mechanics article on 9/11:

But
why didn't you talk about U.S. foreign policy, corporate imperialism,
oil empire, Bush family ties, Halliburton, the Mossad, the CIA, the
Freemasons, the Illuminati or Opus Dei?

We all know why Newsweek and many others (like Kevin Drum) choose to use the term "denier" for those of us who are skeptical of catastrophic anthropogenic global warming:  These media folks, who are hesitant to use the word "terrorist" because of its emotional content, want to imply that we skeptics are somehow similar to Holocaust deniers.

But beyond just the issues of false emotional content, the word denier is incorrect as applied to most skeptics, including myself, and helps man-made warming hawks avoid a difficult argument.  I try to be careful to say that I am a skeptic of "catastrophic man-made (or anthropogenic) global warming theory." 

• So, does that mean I think the world is not warming?  In fact, the evidence is pretty clear that it is warming (though perhaps not by as much as shown in current surface temperature databases).
• So does this mean that I think that human activities are not causing some warming?  In fact, I do think man-made CO2 is causing some, but not all the current 20th century warming trend.  I also think that man's land use  (urbanization, irrigated agriculture, etc) has effects on climate.

Where I really get skeptical is the next proposition -- that man's burning of fossil fuels is going to cause warming in the next century that will carry catastrophic impacts, and that these negative effects will justify massive current spending and government interventions (that will have their own negative consequences in terms of lost economic growth, increased poverty, and reduction in freedoms). 

Strong supporters of catastrophic man-made global warming theory do not usually want to argue this last point.  It is much easier to argue points 1 and 2, because the science is pretty good that the earth has warmed (though the magnitude is in question) and that CO2 greenhouse effect does cause warming (though the magnitude is in question).  That is why skeptics are called deniers.  It is in effect a straw man that allows greenhouse supporters to stay on 1 and 2 without getting into the real meat of the question.

Here is a quick example to prove my point.  Follow me for three paragraphs, then ask yourself if you have ever heard any of this in the media or on any RealClimate-type site's FAQ.

Anthropogenic global warming hawks admit that the warming solely from the CO2 greenhouse effect will likely NOT rise to catastrophic levels.  So how do they get such big, scary forecasts?  The answer is positive feedback.

Almost every process you can think of in nature operates by negative
feedback, meaning that an input to a system is damped.  Roll a ball, and eventually friction and wind resistance
bring
it to a stop.    Positive feedback means that an input to the system is multiplied and increased.  Negative feedback is a ball in the bottom of a bowl, always returning to the center; positive feedback is a ball perched precariously at the top of a
mountain that will run faster and faster downhill with a tiny push. Positive feedback
breeds instability, and processes that operate by positive feedback are
dangerous, and usually end up in extreme states -- these processes tend
to
"run away" like the ball rolling down the hill.  Nuclear fission, for
example, is a positive feedback process. 

Current catastrophic man-made global warming theory asserts that our climate is dominated
by positive feedback.  The last UN IPCC report posits that a small increase in
temperature from CO2 is multiplied 2,3,4 times or more by positive
feedbacks like humidity and ice albedo.   So a modest degree or degree and a half of warming from the greenhouse effect becomes a scary five or eight degrees of warming in the next century once any number of hypothesized positive feedbacks are applied.  Add to this exaggerated, sometimes over-the-top visions of possible negative consequences, and that is how global warming hawks justify massive government action.

OK, that is a very brief description of what I consider a sophisticated reason to be skeptical:  Most catastrophic warming forecasts depend on positive feedback loops, feedbacks for which we have little or no evidence and which don't tend to dominate in other stable systems.  So how many times have you seen this issue discussed?  Zero?  Yeah, its so much easier just to call us deniers.

If you are interested, here is slightly longer version of my skeptic's point of view.  Here is my much longer version.  Here is the specific chapter that discusses feedback loops.  Here is Roy Spencer discussing problems with studies trying to measure these feedbacks.

Postscript:  By the way, it is in this context that the discussions about restating temperatures and problems with historical surface temperature measurements are important.  Exaggerated historical warming numbers leave more room to posit positive feedback loops.  Lower historical numbers, or evidence past warming is driven by non-man-made sources (e.g. solar activity), leave less room to justify positive feedback loops.

Update:  RealClimate has posted their six steps to explain catastrophic warming from CO2.  Seems have buried the feedback issue.  Note that forcings mentioned here include feedbacks, they are not from CO2 alone but from CO2 + positive feedback.  Strange they didn't mention this.

Running for-fee campgrounds on public lands often gets us into some controversy.  For example, many people wonder, sometimes in a fairly excitable manner, why they have to pay for camping on public lands when they have already paid their taxes.  The simple answer to this is that Congress and administrations of all flavors have consistently ruled for years that fees rather than taxes should support developed campgrounds.  Read this post for more, or call your Congressman if you don't agree.  Also, here is my company's FAQ on camping fees and private companies operating on public lands.

However, there ARE many free camping opportunities on public lands, but because of Forest Service terminology, these are sometimes missed by the public.  In most cases, when the Forest Service has a named campground, it requires a fee because it has a number of minimum features for the facility:

• Graded, and sometimes paved, roads and spurs
• Bathrooms, and sometimes showers
• Picnic table, tent pad, and fire ring / grill at each site
• On-site host / security to enforce rules (e.g. quite time)
• On-site operator with property and liability insurance
• Water supply that is frequently tested and treated when necessary
• Hazard tree removal
• Trash and (for campgrounds not on a sewer system) sewage removal
• Leaf blowing from trails and roads, site raking, painting, etc.

This stuff does cost money, and so the typical campground we run charges $12-14 a night, with 50% off for Golden Access patrons (i.e. senior citizens).  Heck, the insurance alone costs about $1.50 per night's stay, thanks to our friends in the tort bar.

However, most National Forests offer what is called dispersed camping.  This is camping out in the wilderness, without any amenities, and, at least in most cases, is totally free.  Most of these camping areas don't have names, just locations and boundaries.   Expect to give up all of the above amenities, and be ready to pack your trash out, but you can still pitch your tent out in nature without charge.  And in many of these locations, you can get far away from other campers.  Just call the local ranger district (contact info here) and ask them for information on dispersed camping.

One proviso - the biggest problem with these dispersed, non-hosted areas is, if they are heavily used, they can be a worse experience than the paid campgrounds.  They can accumulate trash from thoughtless patrons, and they can get very rowdy.  Dispersed campgrounds attract the best of campers - those truly trying to get a natural experience; and the worst of campers - those who don't want to follow rules, don't clean up after themselves, and who don't want to shut down their loud partying just because it is two in the morning.  Many people who initially opposed paid camping are now big believers, since they have learned to value campgrounds with rules and security after a few late nights listening to loud generators and drunken parties.  Talk to the ranger district to know what you are getting into at a particular site.

I have had a lot of questions about my experience hosting both the Carnival of the Vanities (COTV) and the Carnival of the Capitalists (COTC) in February.  For aspiring hosts, here is an FAQ:

What are these Carnival things?

In 2002 Silfray Hraka was looking for a way for smaller blogs to get more attention - kindof like rural electrification for the Blogosphere.  He came up with the idea of the Carnival of the Vanities, a weekly roundup of posts from smaller bloggers, hosted each week at a different site.  Today, the COTV is in its 128th week and dozens of other spin-offs have been created.

How much of a traffic spike did you see?

This seems to be the number one question.  As a submitter each week to both the COTC and COTV, I usually see between 100-300 new visitors for the post I submitted, depending on how compelling the post's description looks.

For hosting the Carnival, of course, the traffic spike is more dramatic:

My normal mon-tue-wed traffic (unique visits): 300

Day of COTC: 1680

Day after: 500

2 days after: 325

Note that I actually got a bit more traffic from the Carnival of the Vanities:

Day of COTV: 2400

Day after: 600

2 day after: 325

The key of course is Glenn Reynolds linking.  Glenn can't read every small blogger that would like him to link to them, but he does a good job of publicizing various Carnivals that highlight smaller bloggers.   Glenn deserves all of our thanks for this.  By the way, I am pretty sure I got more non-Instapundit traffic for the COTC than the COTV.

I think that I leave my Sitemeter stats un-password protected and that you can view them here (link is to the monthly page but you can navigate around).  Here are the hourly stats for the COTV.  Below you can see my daily visits and page views for February.  I will leave it as an exercises for the reader to figure out when I hosted the Carnivals (COTV was first):

I do not really know how to track RSS feed traffic, but I think that the above numbers do not include RSS traffic. I do know that in the month I hosted these two carnivals my Bloglines subscribers have gone from 2 to 25.

The only other traffic related observation I can add is that my page views went up even higher on these days.  I generally run at 1.6 page views per visit but on these two days I went well over 2.  Hopefully that means that new visitors were looking around.

Is it hard to host a Carnival?

No, not really, it just takes some time.  I probably spent about 6 hours each to host the carnivals.  The COTC is very easy - submissions end up in a Gmail account in relatively standard format.  About 6 days before the publish date, the COTC folks will send the host an email telling them how to get into the Gmail account.  The COTV doesn't have this submission system, and relies more on the host providing an email contact in advance that people can send submissions to.  Make sure at least a week in advance of COTV that you post on your web site, preferably sticky at the top or with a link high in the margin, instructions for bloggers who want to submit to the Carnival you are hosting.  (Here is my post - I fiddled with the date in Typepad so that it would stay on top of the page for the whole week).

When hosting, do you need a theme?  How about Categories?

Both are optional.  I did a theme for my COTC just for fun, but did not have time, or any good ideas, for my COTV.  I highly recommend categorizing the entries because it makes the reading experience so much easier.  It is not hard to do as long as you put them in categories as you are building the post.

When Hosting, how do you keep up with all of the submissions?

I had 50 submissions for the COTC and 47 for the COTV.  I took everything, by the way, even if the post was a little out of bounds of the rules.  It is not too hard to keep up with the submissions as long as you:

1. Create a draft template a week in advance and
2. Add submissions every day rather than waiting to the last minute. The COTC submissions were easier to handle than COTV - COTC submissions came spread out through the week whereas COTV all came in the last 2 days.

A lot of my time was spent reading all the posts.  Not only was this fun, but I preferred to create my own summary of the post rather than just using the submitter's summary (which was often waaaaaay too long).  I tried to be fair as possible to everyone, particularly those I disagreed with.  I will say there were a couple of submissions I just did not understand or get what they were saying in their post -- in these cases, I used their description.  By the way - after you publish your post, check the links!  No matter how careful you were, you will have made some mistakes.

When Hosting, what did you do to publicize the Carnival?

First, I was careful to collect as many trackbacks as I could.  Some submitters included these in their email, but some did not.  Since I read every post, I always skimmed down to the bottom to see if there was a trackback.

Second, I sent every submitter a reply email saying that their post was included and giving them the link and trackback where they would find it on my site.  This did not take as long as you would imagine, since I copied the first one I wrote and just hit reply-paste-send on all the others.  This also let submitters check their links to make sure everything worked.  By the way, you may have a different policy, but I claimed editorial privilege and did not accept an requests to change my summary of their post.

All the submitters will generally send you traffic, as well as a number of regular readers.  As mentioned before, Glenn will generally link as well, and you can send him a brief reminder with the link, though both times I hosted he had the post linked before I thought to email him.

How do I sign up?

Instructions for hosting the COTV are here.  To submit to the COTV, go to Silfray Hraka's main page, scroll down for the list of hosts, and visit the host site for instructions.  Instructions for hosting the COTC are here.  You can submit to the COTC by filling in this form.  A list of other Carnival spin-offs is here.

Good luck

I sent this email to NZ Bear today:

From reading the FAQ's, I guess I am not the only one, but in moving my blog from my Typepad address https://coyoteblog.com/coyote_blog to a dedicated address www.coyoteblog.com I have managed to grossly inflate my ranking, since my link score has been credited with cross-links between these two sites.  I am not actually a "Large Mammal" "“ I am actually small and weak and survive by hiding among the rocks from the larger beasts.  When you work up your "merge" code, please add these sites to your list of targets.

Warren Meyer "Coyote"