Coyote Blog

Apple's response to their antenna / reception issues appears to be:  the other guys started it.  via Engadget

Update: I thought this was funny

Despite the issues, Mr. Jobs called the antenna design the "most advanced" ever on a smartphone. He said the rate of dropped calls for the iPhone 4 was only slightly more than on the previous version, the iPhone 3GS.

So the "most advanced" version performs worse than the old version.  How are we using the term "advanced" here?  No horse in this race personally, as I have a Motorola Droid.

I have had a bunch of people send me this article defending Arizona's SB1070, our now infamous immigration law.  A couple of responses:

1.  I have never been wildly worked up by SB1070 after it  was amended a week or so after its initial passage.  I have used the debate around SB1070 to reiterate my case, particularly to Conservatives, for more open immigration.  Our immigration laws are prohibition redux, though in this case we are messing with people's desire to work rather than drink.  As such, the laws to enforce the prohibition are less important to me than the fact of prohibition itself.   IOur immigration laws are an incredible restriction on commerce, free labor markets, and even private property (SB1070 redefines trespassing as not having the government's, rather than the private owner's, permission to be on a piece of property), and this is true with our without SB1070.

I would likely have dropped SB1070 coverage a while ago had it not been for the rhetoric that is used by SB1070 supporters.  When our governor is saying that the majority of Arizona's 500,000 illegal immigrants are all drug mules, that none of them are really looking for honest work, and that all they do is cause crime up to and including beheadings in the desert, I get angry to hear the same stupid arguments that many of our grandparents heard about their ethnic groups (though the beheading thing seems to lack historical precedent).  (more on the immigration non-crime wave here).

2.  The language of SB1070 has never matched the arguments supporting it.  SB1070 mainly gives the police power to be more intrusive at certain traffic stops and harass day labor centers.  What in the heck does this have anything to do with drug cartels and armed paramilitary gangs on the border?  If, as our governor says, illegal immigrants are not really looking for legitimate work, then why is most of our enforcement via employers offering legitimate work?

3.  When Kris Kobach says "In four different sections, the law reiterates that a law-enforcement official 'may not consider race, color, or national origin' in making any stops or determining an alien's immigration status," he is ignoring reality.  The law asks police to make a determination (e.g. probable cause that one is an illegal immigrant) that is impossible for actual human beings to make without such profiling.  It's like passing a law that says "police must drive their cars 30 miles a day but can't drive their cars to do so."  The reality on the ground here in Arizona is that, illegal or not, Sheriff Joe Arpaio has been using racial profiling to make arrest sweeps for years, and his officers have become masters at finding some pretext to pull over a Mexican they want to check out  (e.g. the broken tail light).   Words in this law about racial profiling are not going to change anything.

4.  Kobach makes much of the  revision of the law, post-passage, to narrow the circumstances under which police can stop and check for immigration status

But Section 2 of S.B. 1070 stipulates that in order for its provisions to apply, a law-enforcement officer must first make a "lawful stop, detention, or arrest . . . in the enforcement of any other law or ordinance of a county, city or town or this state."

The original wording made reference to "lawful contact"; this was revised to "lawful stop, detention, or arrest" to make clear that officers could not stop someone simply on suspicion and ask for his papers.

There are folks, including most in the Obama administration, that are still criticizing the original "lawful contact" language and need to catch up.  However, this seems a thin branch for Kobach to stand on in lashing out at the law's critics.  Because in fact this over-broad language did pass and get signed into law, and only the immediate and vociferous public backlash against the language caused it to be changed.  Kobach acts like it was changed based of some internal discussion or discovery of error, but in fact "lawful contact" was how Kobach himself helped write the law and wanted it to read, and was supporters like himself were forced to change it only after a lot of vocal opposition.  Its disingenuous to use the modified language as defense against critics when it was only due to the critics that the modified language was inserted.

At this point, I am done criticizing SB1070.  It is not a great law but it is not particularly worse, in its current form, than laws in some other states or federal law.  I don't really anticipate that it will get struck down by the Supreme Court, though its enforcement may be enjoined through the hearing process.

However, I am not done criticizing our prohibitionist immigration regime nor am I done calling out those on the eliminationist side of the debate, like Jan Brewer, who are starting to show their true stripes as the debate proceeds.  I know some of you are tired of it and to some disagree with me, such that I have lost about half my readers over this.  But this debate has been an eye-opener to me.

For years I have taken many of the AZ politicians at their word that they had no problem with Mexicans per se but were concerned with the load on social services and other government budgets.  I understand how the intersection of immigration and the welfare state causes problems, and have proposed solutions to deal with them.  I am willing to have a friendly agree-to-disagree discussion with such folks.  But when our leaders are talking about 500,000 drug mules and mysterious beheadings and crime waves that somehow exist in a state with rapidly falling crime rates, its clear to me something more insidious is driving some of the folks in the debate.

Exclusionist Conservatives in Arizona are quick to defend themselves against charges of racism.  While I tend to be an pro-immigration hawk, I accept that there are issues, such as the conflict of immigration and the welfare state, where reasonable people can disagree as to solutions without any hint of racism charging the debate.  I really, really resist playing the race card on anyone.

However, if Conservatives really want to discourage charges of racism, they need to  stop playing on fears of immigrant crime as a main argument in their case (example from Expresso Pundit).  Such fears of minority group violence are part and parcel of every racist position in history.   The out-group is always vilified as criminal, whether it be blacks in the 60's or Italians and Eastern Europeans earlier in the century or the Irish in the 19th century.

There is no evidence either recently or throughout history of immigrant-led crime waves, and in fact as I wrote the other day crime rates in Arizona are improving throughout this "invasion" at a faster rate than the US average. So when Conservatives grab a single example, such as the Pinal County shooting  (for which no suspects have been identified) as "proof" we need immigration reform, they are no different than Al Sharpton grandstanding based on the Tawana Brawley case  (and possibly these cases could be even more similar, update: or perhaps not).

Stop trying to manufacture a crime spree that does not exist.  Sure, illegal immigrants commit some murders.  So do every other group.  There is no evidence they commit such murders at a disproportionate rate.  And yes, I understand there are violent, paramilitary gangs roving Northern Mexico, which currently is in a state of chaos, that we really don't want to spill over into Arizona.  But this has been a threat for years, and for all the fear, there is no evidence that they are somehow increasing their activities here.  And even if they were, laws that give Joe Arpaio additional power to harass day laborers in Phoenix are sure as hell not going to scare them off.

The most important news, I suppose, is that Arizona has made its new immigration law more palatable with a few changes.

The first concerns the phrase "lawful contact," which is contained in this controversial portion of the bill: "For any lawful contact made by a law enforcement official or a law enforcement agency"¦where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person"¦"  Although drafters of the law said the intent of "lawful contact" was to specify situations in which police have stopped someone because he or she was suspected of violating some other law "” like a traffic stop "” critics said it would allow cops to pick anyone out of a crowd and "demand their papers."

So now, in response to those critics, lawmakers have removed "lawful contact" from the bill and replaced it with "lawful stop, detention or arrest." In an explanatory note, lawmakers added that the change "stipulates that a lawful stop, detention or arrest must be in the enforcement of any other law or ordinance of a county, city or town or this state."

"It was the intent of the legislature for "˜lawful contact' to mean arrests and stops, but people on the left mischaracterized it," says Kris Kobach, the law professor and former Bush Justice Department official who helped draft the law.  "So that term is now defined."

The second change concerns the word "solely."  In a safeguard against racial profiling, the law contained the phrase, "The attorney general or county attorney shall not investigate complaints that are based solely on race, color or national origin."  Critics objected to that, too, arguing again that it would not prevent but instead lead to racial profiling.  So lawmakers have taken out the word "solely."

"There were misstatements by the opponents of the law that this was written to permit some consideration of race in the enforcement of this law," says Kobach, "and that's not the case at all."

It is hard for me to separate in my mind whether the problem I have with what remains is really with this law or with the individuals whom I know to be tasked with its enforcement.  Sheriff Joe Arpaio has a history of pulling over every Mexican he runs into with a broken tail light on his crime sweeps, so in actual practice, the requirement of there being some other crime involved doesn't do much to make me fear profiling any less.  But its hard for me to say that checking immigration status of people arrested or detained is unreasonable, so it may be I am just uncomfortable with the overzealous enforcements and Sheriff Joe's patented crime sweeps.  (I am still opposed to the socialist definition of property rights that conservatives have adopted in the law).

I thought Megan McArdle had an interesting point:

If the immigration problems in Arizona are really so serious that they merit deep intrusions upon the liberty of citizens who happen to resemble illegal immigrants, than they are serious enough to intrude on the liberty of everyone.  Don't make the cops check the status of anyone who they "reasonably suspect" is illegal; make them check the status of everyone, no matter how blond-haired, blue-eyes, and fluent in standard American english they may be.  If you forget your license at home, the police detain you, just like they detain anyone of mexican descent, while someone fetches it.  If you can't produce a birth certificate, passport, or similar, then you wait in the pokey until they can verify your legal status.  No police discretion.  No profiling.

We can illustrate McArdle's point with an example, where our sheriff's descended on a local business and zip-tied and detained anyone who looked Hispanic until they could produce proof of immigration status.  No Anglos at this location were treated the same way:

Deputies from the Maricopa County Sheriff's Office raided a Mesa landscaping company early Wednesday morning, arresting nearly three dozen people suspected of being in the country illegally.

The raid on offices of Artistic Land Management, on Main Street just west of Dobson Road, happened about 4:30 a.m., according to one worker who was handcuffed and detained before being released when he produced documentation that he was in the country legally"¦.

Juarez estimated about 35 workers were handcuffed with plastic zip-ties while deputies checked for documents. Those who could provide proof they were in the country legally were released, while others were put on buses and taken away.

This is something the bill supporters just don't want to deal with -- the ugly sight of all the brown skinned workers at a location separated out from their peers and zip-tied until they can produce the proper government papers.

Daniel Griswold of Cato offered what I thought was an excellent framework for thinking about immigration and immigration reform:

Requiring successful enforcement of the current immigration laws before they can be changed is a non sequitur. It's like saying, in 1932, that we can't repeal the nationwide prohibition on alcohol consumption until we've drastically reduced the number of moonshine stills and bootleggers. But Prohibition itself created the conditions for the rise of those underground enterprises, and the repeal of Prohibition was necessary before the government could "get control" of its unintended consequences.

Illegal immigration is the Prohibition debate of our day. By essentially barring the legal entry of low-skilled immigrant workers, our own government has created the conditions for an underground labor market, complete with smuggling and day-labor operations. As long as the government maintains this prohibition, illegal immigration will be widespread, and the cost of reducing it, in tax dollars and compromised civil liberties, will be enormous.

It turns out that after excoriating the Arizona law as being too intrusive, Democrats have responded with ... something even more intrusive.

Sometimes I just love the Democrats.  After fomenting a near meltdown over the Arizona immigration law, with charges of nazism and cries of "show me you papers!" flying hither and yon, the Democrats introduce an immigration framework with what?

Improved papers, of course.

Yes, the Dems screwed the pooch and included a national ID card in their proposed legislation.  And a biometric one at that.   As someone characterized it, it's a "super Social Security card".  Remember when you were assured that your SS card/number was not for identification purposes and never would be.  Well Bunky, that was as true as most of the promises politicians make.

Democratic leaders have proposed requiring every worker in the nation to carry a national identification card with biometric information, such as a fingerprint, within the next six years, according to a draft of the measure.

As a final note, for years I have asked strong exclusionist conservatives how they square their opposition to immigration with their desire for freedom of contract and exchange.  After all, if commerce is free, do I not have the right to hire anyone I want for a job, no matter where that person was born.  Why do Conservatives want to require that all workers have government licenses before they can be hired?  It turns out that the ACLU makes the same point in response to the above proposal (from the link above, emphasis added):

"Creating a biometric national ID will not only be astronomically expensive, it will usher government into the very center of our lives. Every worker in America will need a government permission slip in order to work. And all of this will come with a new federal bureaucracy "” one that combines the worst elements of the DMV and the TSA," said Christopher Calabrese, ACLU legislative counsel.

Note to Conservatives-- when the ACLU, founded by Marxists and which to this day resists recognizing property rights, gets out ahead of you on the rights to free exchange and commerce, you are in trouble.

Update:  More from Brad Warbiany and Matt Welch

I wrote a while back that I had a real hard time getting excited about either McCain or Hayworth in this year' s AZ senate race.  But despite my disaffection from both candidates, I may have to suck it up and vote for one or the other.  Via Valley Fever:

Michael Moore Says He's Not Coming Back to Arizona Until State "Elects a Democrat as Senator"

Moore is nothing if not able to suppress his beliefs when money is on the line, so I have a guess we will continue to see him at Sundance despite the lack of a Utah Democrat in the Senate.

I think my post from Inauguration Day one year ago holds up pretty well, though I caught a lot of grief for it at the time  [a few spelling errors fixed]

OK, I was really going to remain silent today, because no one seems to want to hear a rant about today's imperial coronation.  But as I sit here watching the press coverage and waiting for John the Baptist to show up, and as I observe the general cultish hysteria and the swooning of normally serious adult people, I just can't help myself.  For a libertarian like myself, its like watching people line up at 3am to be the first to be in the store when McDonald's switches its fountain drinks from Coke to Pepsi.   Heck, I was creeped out by the cult following of Ron Paul this year, a politician I agree with a lot, so I certainly am going to get the willies from the love-fest for an admitted statist like Obama.

I am not enough of a historian to speak for much more than the last thirty years, but the popularity of non-incumbent political candidates has typically been proportional to 1) their personal charisma and 2) our lack of knowledge of their exact proposals.  Seriously, can you name any other difference (on the plus side) between Obama and Hillary other than these two?  We forget, but GWB was the unknown newcomer in 1992.  As was Clinton and Carter.  Reagan was an exception, but was running against an incumbent who really had a terrible four years, and Bush I was an exception as well, though he was running against one of the weakest candidates and campaigns the Democrats have fielded in 50 years.  Folks are excited about Obama because, in essence, they don't know what he stands for, and thus can read into him anything they want.  Not since the breathless coverage of Geraldo Rivera opening Al Capone's vault has there been so much attention to something where we had no idea of what was inside.  My bet is that the result with Obama will be the same as with the vault.

There is some sort of weird mass self-hypnosis going on, made even odder by the fact that a lot of people seem to know they are hypnotized, at least at some level.  I keep getting shushed as I make fun of friends' cult behavior watching the proceedings today, as if by jiggling someone's elbow too hard I might break the spell.  Never have I seen, in my lifetime, so much emotion invested in a politician we know nothing about.   I guess I am just missing some gene that makes the rest of humanity receptive to this kind of stuff, but just for a minute snap your fingers in front of your face and say "do I really expect a fundamentally different approach from a politician who won his spurs in "¦. Chicago?  Do I really think the ultimate political outsider is going to be the guy who bested everyone at their own game in the Chicago political machine?"

Well, the spell will probably take a while to break in the press, if it ever does "” Time Magazine is currently considering whether it would be possible to put Obama on the cover of all 52 issues this year "” but thoughtful people already on day 1 should have evidence that things are the same as they ever were, just with better PR.   For God sakes, as his first expenditure of political capital, Obama is pushing for a trillion dollar government spending bill that is basically one big pork-fest that might make even Ted Stevens blush, a hodge-podge of every wish-list of leftish lobbyists that has been building up for eight years.  I will be suitably thrilled if the Obama administration renounces some of the creeping executive power grabs of the last 16 years, but he has been oddly silent about this.  It seems that creeping executive power is a lot more worrisome when someone else is in power.

It has been suggested by some that today is less a cultish coronation but a big victory party in the battle against racism.  Well, I am certainly willing to accept it on those terms.  I have been arguing for years that it is time to declare victory on the worst aspects of race and gender discrimination, and move on to problems of interest to all races (like individual freedom or giving kids options to escape crappy public schools).   Unfortunately, I fear that too many folks in power are dependent on the race/gender/class wars continuing, so you and I may think we are declaring victory, but those with power over our lives have not.

Via the Dallas Morning News:

A last-minute change in the federal health care bill ditched a proposed 5 percent tax on cosmetic medical procedures and replaced it with a 10 percent tax on indoor tanning services.

Goodbye Botox tax. Hello tan tax.

This seems really random.  Why should either of these businesses foot a special, disproportionate share of my health care bill?  Well, things that seem random to most of us make perfect sense in Congress.

The tan tax popped up in the health care bill last weekend after powerful medical lobbies "“ including the American Academy of Dermatology Association, American Medical Association, American Society of Plastic Surgeons and Botox-maker Allergan "“ persuaded Congress to remove a tax on cosmetic medical procedures and replace it with a 10 percent surcharge on indoor tanning services.

Lobbyists are very good at punching political hot-buttons.  Since they couldn't argue that botox is "for the children," and since it is generally used by rich white people they could not place the race or class card, they played the only card they had:

"Since 90 percent of cosmetic surgery patients are women, this would have been a very discriminatory tax," said White, who opposed the cosmetic surgery tax.

Technocrats want to believe, and perhaps honestly believe themselves, that care guidelines in the new Federal health care system will be science-based.  What possible basis do they have for thinking that?  We have 50 state laboratories, where states specify must-carry rules on procedures, and not a single one of these lists are science based -- they are loaded with special interest handouts.   I even show in this post how special interests give money to academia to produce studies whose entire conclusion is that certain procedures (performed by the special interest group funding the study) need to be in the minimum coverage laws.   The very first time out, when confronted with a science-based care recommendation (that women not receive breast cancer screening until after 50), the Congress specifically overrode it in the bill under a firestorm of public outcry.

But maybe the dermatologist guys are really looking after us?  After all:

The American Academy of Dermatology warns of significant health risks caused by indoor tanning.

But, as it turns out, it only sees health risks in the use of ultra-violet light by practitioners who are not members of their trade group.  I have bolded the key passage that gives away the game.

Indoor tanning industry groups note that dermatologists use tanning equipment in their offices for cosmetic skin conditions, such as eczema and psoriasis, in phototherapy treatments that cost up to $100 per visit billed to health insurance companies. In contrast, indoor tanning salons cost as little as $6 to $20 per session.

The tan tax would exempt phototherapy services performed by a licensed medical professional.

"This is like Coke being allowed to lobby the government to tax Pepsi, but that Coke be allowed to sell the same product and not be taxed for it," International Smart Tan Network Vice President Joseph Levy said in a statement. "It's unbelievable."

I hardly know what to do with this.  When this is a pressing enough gender issue to demand NOW's attention, perhaps it is time to declare victory and move on to weightier topics.

A couple of weeks ago, President Obama had members of his cabinet, as well as members of congress, including Flake, over to the White House for a game of hoops.

They were all men.

Sounds like the boys had some fun but If you ask the "Debby Downers" from women advocacy groups like the National Organization for Women, the games lack of estrogen is unacceptable.

"Relationships get built in those more informal settings," NOW President Terry O'Neill told ABC News, "and the relationships have a huge impact on the influence an individual has. We know what happens when we segregated whether it by race or whether it by gender -- you end up with 1st class citizens and you end up with 2nd class citizens."

Fortunately we have moved beyond quotas.  Not.

"It's extremely important, now especially, for the president to have as many women as men in his closest circle of advisors. ... If women had been at the heads of the companies on Wall Street instead of these masters of the universe then we might not be in the predicament that we're in today," O'Neill says. "[The ratio of women to men] needs to be 50/50. Women are 52 percent of the voting public so obviously there needs to be 50/50 of any Cabinet."

I will be counting the men at the next baby shower.

In the US last year, 754,224 people were arrested for possession (not dealing or production) of marijuana.  By the logic of US drug laws, all of these folks are better off with an arrest record and possible incarceration that they are from the nominal negative effects of smoking marijuana (FBI report here, via Radley Balko).  These numbers are just insane.  And while the report only gives race numbers for total drug arrests rather than for just marijuana offenses, a hugely disproportionate number are black (over 1/3 of arrests).

And speaking of equal protection, the arrest numbers for gambling are eye-opening (table 43).  75% of all people arrested for gambling last year in the US were black, including 90% of the arrests of those under 18 for this offense.  It seems it is A-OK for whites to play poker at home for money (I'm guilty) or to bet in Super Bowl pools (guilty again) or to clad themselves in polyester and head to the casino boat, but blacks who choose to compete with the state gambling/lottery monopoly will get arrested.  As an aside, I have always laughed at the government piously suing tobacco companies for targeting minorities with their advertising and then using the same techniques themselves to target minorities for their lottery sales.

Like Franken, I can freehand draw the US with all fifty states from memory.  But I start from the opposite corner, in Washington state.  But, I can also drink a beer while standing on my head, and used to (when I played rugby) race people saying I would drink one upside down in the time they drank two normally.

Should we just change the name now from "Senate seat" to Duke of Massachusetts now?

With Massachusetts having paid its final respects to Senator Edward M. Kennedy, the politics of succession begins in earnest this week - candidates will emerge, a race will take shape, and the Kennedy clan will have to reveal whether it wants to keep the seat in the family....

"Joe Kennedy, as emotionally drained as he must be, cannot help but be moved by the outpouring of affection and respect that has come from people all over the country in the last several days,'' said Dan Payne, a longtime Democratic media consultant. "I'm not saying he is going to run, but he wouldn't be human and he wouldn't be a Kennedy if he didn't give serious thought to running for the so-called Kennedy seat.''

I am somehow reminded of this story about George Washington, who turned down power after his army had beaten the British in the Revolutionary War.  All of Europe expected him to claim power.  Instead:

Give the last word to Washington's great adversary, King George III. The king asked his American painter, Benjamin West, what Washington would do after winning independence. West replied, "They say he will return to his farm."

"If he does that," the incredulous monarch said, "he will be the greatest man in the world."

That is what was considered greatness in that age - the willingness NOT to pursue power, even when by military success or family name such power could easily be had.  Unfortunately we celebrate just the opposite today, singing eulogies for a man and a family that do nothing but seek power.

As I don't really have a horse in the two party Coke-Pepsi horse race, I don't usually get into the endless discussion of political tactics one can find in the media or on various political blogs.

But I must say that I am scratching my head over ardent Democrat Kevin Drum posting this chart on his blog:

Does he really think this will embarrass Republicans?  Heck, Republicans  may soon be running this as a TV ad.

It is going to be a really, really, really long four or eight years if the Obama Administration and much of the left insists on declaring that anyone who dares to criticize a black President in racist.  The most recent example, of course, are frequent charges that critics of the health care reform are motivated by racism.

It is already clear that this Administration intends to raise the unverifiable claim to a new state of the art (3 million jobs saved or created!)  But the interesting thing about the health care - racism link is that in this particular case, we actually have a really good control group -- the first term of the Clinton administration.

In 1993, the Clinton administration embarked on a double secret effort to redesign the health care industry under government authority.  As details of the plan leaked out, many folks went nuts.  Commercials aired in key districts attacking various portions of the proposals and raising fears all around.  People were so ticked off that in the 1994 mid-term electi0ns, Democrats lost control of Congress for the first time in many decades, an election trouncing generally credited first and foremost to health care proposals.

Its not like the Obama administration is unaware of this example.  Many if Obama's approaches to the health care legislation this year are intentional changes from Clinton's approach.  Obama's rush to pass legislation that does not really start getting implemented until 2013 by the August 2009 recess was clearly an attempt to prevent opponents from gearing up campaigns against the bill as they did with Clinton's.

But here is the really interesting part.  I could have this wrong, but I could swear Clinton is a member of the White Anglo-Saxon Protestant oppressor race.  If so, the implication is that people went bonkers in 1993-1994 over health care plans for some political reason, but people who go bonkers  in 2009 over many of the same plan points are racist?  Does this pass any kind of smell test?

What is really going on is that a bunch of people who have never held a productive job, being politicians for life, and who have bought into their own "dedicated public servant" marketing are suddenly shocked to find that they and their efforts are not universally appreciated.  When someone has the bubble burst on their manufactured self-image, their reaction is seldom pretty.

I have never gotten as bent out of shape by reverse discrimination charges as have many Conservatives.  If private organizations, for whatever reasons, choose to relax standards to let certain groups into their businesses or universities in larger numbers, so be it.  I find it outrageous that this is considered "progressive" when done in favor of certain races, and "racist and evil" when done entirely symmetrically in favor other other races, but I am still all in favor of letting private organizations set their own admissions or hiring standards.  Public organizations, of course, are held to a different standard, and my reading of "equal protection" has always been that standards really should not vary across races.

That being said, I found this amazing.  For the reasons stated above, I am not ready to get up in arms about it, but I do think the extent of the asymmetry in standards is much greater than most people would guess.

Here is a real journalistic triumph -- the story of a multi-party conflict in which I immediately dislike absolutely everyone in the story on all sides of the conflict, up to and including the jury and the third parties quoted.  Via Overlawyered.

Update: I failed to make clear that what really makes the article special is that the writer herself is at least as bad as everyone involved.  She writes in the first paragraph, "If you are black, you probably call the act of disciplining a child with corporal punishment 'a whupping.'"  Really?  What's next, is she going to tell us that they all like watermelon too?  Is this kind of blanket unsupported supposition about the habits of a particular race really in the the Chicago Sun-Times style manual on how to open a news feature?  I grew up in Texas and "getting a whupping" was a term favored right across racial lines.  Anyway,  I gotta go now and chase some varmints away from my cement pond out back.

Update #2: I just got an email that said "If you are white, you probably trade jars of Grey Poupon out the windows of your Rolls Royce."  LOL.

I am starting to wonder if Barack Obama crossed the thin red line between traditional American liberalism and socialism yesterday.  Traditionally, liberals in the US have taken pains to generally argue that the rich need to pay for their programs because theyare most able to pay.  This differs a bit from socialists, who would argue that the rich should pay because they are guilty.    For a libertarian like myself, it tends to be a pretty subtle difference, but I think it is important -- are taxes on the rich enforced charity, or are they reparations?

I woke up this morning profoundly depressed, which is unusual for me.   I have a good friend who is having some personal problems, so it is hard for me to separate effects in my mind, but I really feel like Obama stepped over a line yesterday.  TARP pissed me off, but we have bailed out companies before (though not for this much).  The stimulus bill absolutely offended me, but we have seen stupid pork spending insanities before (though not for this much).  But Obama's plan to remake tax law and the budget began with this paragraph:

This crisis is neither the result of a normal turn of the business cycle nor an accident of history, we arrived at this point as a result of an era of profound irresponsibility that engulfed both private and public institutions from some of our largest companies' executive suites to the seats of power in Washington, D.C.

From the rest of the rhetoric in this document, and that of Obama and his supporters, the overriding message is that "the rich are being taxed more because they have sinned.  This is pennance."  This is all the more amazing to me because Obama (and to be fair, his predecesors in the Bush administration) have gone out of their way to interrupt the normal market processes that punish failed behavior.  Normally, if you take out a mortgage you can't afford, you default and lose your home, and are hopefully wiser the next time.  If you lend to someone who can't pay, you lose your principal.  If you make products no one wants to buy, you go bankrupt.

But every one of these market mechanisms are being interrupted.  Its as if Obama and the feds not only want to hand out penance, they want to have a monopoly on the process.  No longer will the market dictate winners and losers -- we in Washington will.  It's thoroughly depressing.

Postscript: I guess I am the last person in America to believe it, but I DO believe that this is "a normal turn of the business cycle," or at least that it started out that way until everyone from Paulson to Obama worked to convince folks otherwise.   It is clear that there was an international over-exuberance of lending that goes far beyond just CDO's as the culprit, or even mortgages in general.  And such bubbles do occur from time to time.

PPS: It will be interesting to see which race is tighter -- Obama's race to spend money so he can take credit for a third quarter recovery which is going to happen anyway, or Obama's race to put in CO2 limits in time to take credit for the global cooling cycle many solar observers are starting to predict.

PPPS: I really didn't want to open global warming discussions in general with the last bit of snark.  I have a whole website for that.  I have a subtle enough understanding of the issue to know both that 1) CO2 is causing some warming 2) warming estimates are likely way overblown, for a variety of reasons that include feedback assumptions and 3) behaviors of temperatures over decade-long periods are not necesarily indicative on long-term trends.  If we want to talk about climate modeling and model accuracy vs. current trends, see this post or this post.

Our new era in race relations begins this week with the Federal government sending me a nasty-gram that I have not yet proven to the government that I know the race of every one of my employees.  The EEO-1, a quite distasteful annual requirement from the feds, is a report we must file showing the number of people we have employed of various races and ethnicities.  Rest assured, readers, I have, after naively believing that race was irrelevant in evaluating my employees, now educated myself as to the race and gender of all my employees and reported this understanding to the government.

I seldom comment on politics per se, but the whole brouhaha about Obama's use of the phrase "lipstick on a pig" somehow referring to the Republican VP nominee is just silly.  I used the phrase myself the other day.  "Pig" no more was meant to refer to Ms. Palin than using the terms "slavish devotion" or "niggardly" are meant to be racist (though they have similarly been so interpreted). 

PS-  It is entertaining to see that Republicans will play the race/gender victim card as quickly as will the Democrats.

From Eric L Muller's "Hirabayashi:  The Biggest Lie of the Greatest Generation" which studies the Supreme Court decision upholding race-based civil rights restrictions (eg curfews) in WWII.

This Article presents new archival evidence of an enormous lie that Executive Branch officials presented to the Supreme Court in the Japanese American litigation of World War II, one that impugns Hirabayashi at least as much as it does Korematsu. The lie concerns what might be termed the "external" component of the national security threat in early 1942 "“ the danger that Japanese military forces posed to the West Coast of the United States.  The government's brief in Hirabayashi did not mince words about that external threat: The "principal danger" that military officials "apprehended" was "a Japanese invasion"  which "might have threatened the very integrity of our nation."  With the Japanese "at the crest of their military fortunes," the brief maintained, military officials found it "imperative" to "take adequate protective measures against a possible invasion of the West Coast."  The nighttime curfew on Japanese Americans was one such measure.

This depiction of the external Japanese threat found a sympathetic audience in the Supreme Court in Hirabayashi. Chief Justice Stone, writing for the unanimous Court, accepted that the men "charged with the responsibility of our national defense had ample ground for concluding that they must face the danger of invasion," a danger that concurring Justice Douglas insisted was "not fanciful but real." Singling out Japanese Americans for curfew was reasonable because of their "ethnic affiliations with an invading enemy."

Archival records now make clear that all of this talk of a threatened Japanese invasion was a massive distortion of the actual military situation in the eastern Pacific in early 1942. There was at that time no danger of a Japanese invasion of the West Coast. The army and navy viewed any sort of Japanese invasion of California, Oregon, or Washington as impracticable. They were neither anticipating nor preparing for any such event. Indeed, during the key time period of early 1942, the Army was more concerned with scaling back the defense of the West Coast from land attack than with bolstering it.

Wow.  Exaggeration of a security threat as an excuse to curtail civil rights.  Gee, I'm sure glad that doesn't happen anymore.  HT:  Jonathon Adler

A reader sent me a link to what was a pretty interesting story on housing programs and crime in the most recent issue of the Atlantic.  In short, federal housing policy over the last 20-30 years has been to blow up central housing projects (fans of the Wire on HBO will have a good idea of this type of place) that tended to concentrate poverty in a few neighborhoods in favor of voucher programs that would spread the very poor around.  The idea was to get the poor into middle class neighborhoods, with the hope that middle class schools, support networks, and values might be infused in the poor.

Some now seem to be worried that exactly the opposite is happening.  As the article relates, city centers are being revitalized by sending the poor and associated criminal elements outwards.  But in turn, certain here-to-fore quiet suburbs are seeing crime spikes, and these crime waves seem to line up well with where the housing vouchers are being used.

A couple of thoughts:

• [insert libertarian rant on government playing god with poor people's lives, drug prohibition, government schools, etc.]
• The people of Houston would not be at all surprised by this, and might call it the Katrina effect.  It may well be that the dispersion of poor families will eventually result in reductions in total crime (say in the next generation or two), but hardened criminals of today don't stop being criminals just because they move to new neighborhoods -- certainly Houston has found this having inherited many criminals from New Orleans.
• I still think that if we are going to give out subsidized housing, that this in the long-run is a better approach.  The authors of the article seem to fear that the poor, having been dispersed, lost their support networks.  But it strikes me that it was this same network that reinforced all the worst cultural aspects of the old projects, and long-term I think fewer new criminals and poorly motivated kids will exist in the next generation if we can break some of this critical mass up. 
• The article is an interesting example of how new attitudes about race can get in the way of discussion as much as the old ones.  Stories about increasing crime in the suburbs after an influx of black poor is just too similar to the old integration fears held by whites in the 1960s and 1970s. 

It is difficult to imagine that we would have the extensive, absurd subsidies of corn ethanol that we have today if it were not for the fact that Iowa is the first stop on the presidential campaign trail.  Every four years, here-to-fore fiscally sober and rational candidates stand up on Iowa TV and pledge to support ethanol subsidies.

But today it appears the primaries are finally over (it appears that Ms. Clinton will bow out tonight) and so attention now focuses on the general election.  And though I am not really an expert, I would presume the election will again turn on a few states including Ohio, Pennsylvania and, of course, Florida.

It appears that Florida Democrats have a plan to parlay their swing state status into pork, in the same way that Iowa has done for years.  The only difference is the issue is not ethanol, it's subsidizing beach-front homes:

As hurricane season begins, Democrats in Congress want to nationalize a
chunk of the insurance business that covers major storm-damage claims.

The proposal -- backed by giant insurers Allstate Corp. and State Farm
Mutual Automobile Insurance Co., as well as Florida lawmakers --
focuses on "reinsurance," the policies bought by insurers themselves to
protect against catastrophic losses. The proposal envisions a
taxpayer-financed reinsurance program covering all 50 states, which
would essentially backstop the giant insurers in case of disaster.

The program could save homeowners roughly $500 apiece in annual
premiums in Florida, according to an advocacy group backed by Allstate
and State Farm, the largest writers of property insurance in the U.S.

But environmentalists and other critics -- including the American
Insurance Association, a major trade group -- say lower premiums would
more likely spur irresponsible coastal development, already a big
factor in insurance costs. The program could also shift costs to
taxpayers in states with fewer natural-disaster risks....

The legislation passed the House with bipartisan support, 258-155, late
last year, despite a presidential veto threat. Although a Senate vote
is unlikely this year, proponents are trying to make it a litmus-test
issue in the presidential race. The two Democratic contenders, Sen.
Hillary Clinton of New York and Sen. Barack Obama of Illinois, in their
recent visits to Florida -- a key swing state -- have both voiced
support for the plan.

Big winners would be coastal states, particularly Florida, where more
than half of the nation's hurricane risk is centered. Currently,
property-insurance rates in Florida are among the highest in the
nation. Florida also has a struggling state reinsurance fund that would
be helped by a federal program....

Florida's status as a presidential swing state has helped the plan win
support from Sens. Clinton and Obama. Sen, Clinton is one of the bill's
co-authors, along with Democratic Sen. Bill Nelson of Florida.

Florida Democrats' effort to make a federal disaster fund a big issue
in this year's presidential race was one reason the state moved up its
primary election to January from March, defying party rules. (That move
is partly what's behind the current, heated battle between the
Democratic candidates over how to count Florida's delegates in the
nominating race.)

I can't answer the question in the post title -- apparently no one has told me all the rules, but I would have called this a "bribe" rather than a "gracious gesture," as Kevin Drum does:

The latest rumor making the rounds is that maybe
Barack Obama will pay off Hillary's $11 million loan to her campaign if
she quits the race. I suppose that makes some kind of sense "” and it
would be a gracious and unifying gesture from Obama

If Newt Gingrich had paid a fellow politician $11 million to drop out of the Spearker's race against him, that would have been a, what?  Gracious gesture?  I doubt it.

Three Duke professors, two of whom were members of the infamous group of 88 who advocated a presumption of guilt for the lacrosse players in the Duke non-rape case, have written their own self-serving version of history in an "academic" magazine.  The funniest part is where they claim that only trained experts like themselves are qualified to discuss any subject once the race card has been played:

"the most extreme marginalization was reserved for the faculty
whose professional expertise made them most competent to engage the
discourses on race and gender unleashed by the inaugurating incident "” scholars of African American and women's studies. Instead, administrators,
like the bloggers themselves, operated under the assumption that
everyone was an expert on matters of race and gender, while actually existing academic expertise was recast as either bias or a commitment to preconceived notions about the legal case. Some
faculty thus found themselves in the unenviable position of being the
targets of public discourse (and disparaged for their expertise on race
and gender) without being legitimate participants in it."

Beyond the hilarity of such a claim on its face, how does such a self-serving discussion meet the editorial standards of any academic publication?  For though they claim to have "professional expertise,"  all they really accomplish is to reinforce my impression that the social sciences in general, and racial/gender studies departments in particular, have the lowest academic standards of any group on modern campuses.  KC Johnson goes on to sample some of the outright mistakes, outrageous (and unproven) claims, and general lack of sourcing and footnoting that would likely have gotten them laughed out of most any university department with actual standards.  As I wrote about the Ward Churchill affair:

And, in fact, in the rush to build ethnic studies programs, a lot of
people of very dubious qualifications were given tenure, often based
more on ethnic credibility and political activism than any academic
qualifications.  Hell, Cal State Long Beach hired a paranoid schizophrenic
who had served prison time for beating and torturing two women as the
head of their Black Studies department.  And universities like UC
patted themselves on their politically correct backs for these hirings.

I could go out tomorrow and find twenty tenured professors of
ethnic/racial/gender studies in state universities whose academic
credentials are at least as bad as Churchill's and whom no one would dare fire.  This has nothing to do with Churchill's academic work or its quality.  UC is getting exactly what it expected when it tenured him.

As a libertarian, I don't really have a horse in the race, but what is it with the NY Times editorial page?  Apparently, the right doesn't like the conservative writers, and Kevin Drum makes it clear that the left can be embarrassed by the liberal writers there:

I generally try not to read Maureen Dowd's columns because, you
know, they just don't pay me enough for that kind of hazard duty. But
today's column about Hillary Clinton was a train wreck of epic
proportions. I couldn't avert my eyes. Here's the final sentence:

As
she makes a last frenzied and likely futile attempt to crush the
butterfly [i.e., Barack Obama], it's as though she's crushing the
remnants of her own girlish innocence.

This would be
embarrassing coming from a 12-year-old. Shouldn't Dowd have an obscure
blog, not a biweekly column in the greatest newspaper in the world?

I was watching the History Channel last night and watching a show on the nuclear arms race.  Interestingly, they described the abortive Bay of Pigs invasion of Cuba as happening before JFK took office, and then discussed the Cuban Missile Crisis as JFK's first interaction with Russia.  I find this to be really odd revisionism, and if it were not for Coyote's Law, I would ascribe this to the ongoing Kennedy family effort to polish JFK's historical legacy.  But, having written Coyote's Law, I will just assume the show's producers were ignorant.

Update: I take the point that the Bay of Pigs invasion was a CIA plan in the Eisenhower presidency.  However, JFK was deeply involved in the planning and decision to go ahead, and in fact he and his advisers actually modified the plan, including the invasion site, in ways that hurt the probability of success (if there ever was any).