Coyote Blog

Over the last few weeks I have been following the story of the city of Glendale, AZ, in order to protect a previous $200 million public investment in our hockey team, proposing to issue another $100 million bond issue to help subsidize the purchase of the hockey team out of bankruptcy.

The real furor began when the Goldwater Institute, a local libertarian-conservative think tank, said they were considering suing over the bond issue because it violates the gift clause of the Arizona Constitution, which basically bans municipal governments from providing direct subsidies or lending their credit to private institutions.  The gift clause has been frequently breached in the past (politicians do love to subsidize high-profile businesses), but of late Goldwater has successfully challenged several public expenditures under the gift clause.

I won't rehash the whole argument, but I found this bit from Senator McCain interesting

He called on the Goldwater Institute, a Valley watchdog that intends to sue to block the deal, to sit down and negotiate to keep the team

The buyer Matthew Hulsizer and his staff have taken this position throughout the deal -- they have lamented that they are more than willing to "negotiate" with Goldwater, and they are frustrated Goldwater won't come to the table with them.

This claim seems bizarre to me. If Goldwater thinks the deal is un-Constitutional, what is to "negotiate?" I don't know Hulsizer or anything about him, but it strikes me that he is working from a Chicago paradigm, and is treating Goldwater as if it were a community organizer. In Chicago, community organizers try to use third parties to protest various deals, like the opening of a Wal-Mart or a new bank. These third-parties are nominally protesting on ideological grounds, but in fact they are merely trying to throw a spanner in the works in order to get a pay off from the deal makers, almost like a protection racket. The payoff might be money or some concession for the group (e.g. guarantee of X% jobs for this group in project, $X in loans earmarked for group, etc).

Everything I have seen tells me Hulsizer is approaching Goldwater in this paradigm.  Even going out and rounding up the most prominent politician in the state (McCain) to put pressure on Goldwater is part of this same Chicago paradigm.

Here by the way  is what Hulsizer is apparently offering

As one part of the deal, Glendale would sell bonds to pay Hulsizer $100 million, which the Chicago investor would use to purchase the team for $210 million from the National Hockey League.

Hulsizer said he notified Goldwater he would guarantee the team will pay Glendale at least $100 million during its lease on the city's Jobing.com Arena through $75 million in team rent and fees and by covering $25 million in team losses that the city promised to pay the NHL this season, which is included in the hockey team's purchase price.

"We need to move forward now," he said. "I expect that Goldwater and other people who have come out against this deal will hopefully recognize the benefits of it and will now use all of that energy and tenacity and aggressiveness to go out and help us sell these bonds and make hockey work in the desert forever."

Hulsizer said Goldwater had not yet responded to him.

By the way, I hesitate to trust the Arizona Republic to report such deal terms correctly, but if what is reported above is correct, the offer appears to be non-sense

1. What kind of guarantee is he offering?  Is it a guarantee by the corporate vehicle buying the team, because if it is, this is worthless.   The last team ownership group promised to pay the lease for 30 years -- what does that mean once they went bankrupt?  I am sure Borders Books promised to pay a lot of real estate owners money for leases, and many of them are going to end up empty-handed in the bankruptcy.  If this is a personal guarantee, that is a nice step forward, though not enough because....
2. The $75 million in rent is largely irrelevant to the new bond issue -- these rents support the old $200 million bond issue.  What they are saying is "issue a new $100 million bond issue for us and we will guarantee you can make 40% of the payments for the old bond issue."   So?  When Balsillie wanted to move the team, he didn't ask for an additional bond issue and agreed to pay off $50 million of the old one as an exit fee.
3. At the end of the day, if the $100 million is not a subsidy, not at risk, and fully backed by guaranteed cash flows, then Hulsizer should go out and get a $100 million private loan.  Period.

Unfortunately, this might be enough to get the deal through the courts.  Glendale will argue that for the $100 million, they will get $100 million paid against their existing bond issues that would not otherwise be paid if the team folds or leaves town.  This may fly with the courts, unfortunately, but it still sucks for taxpayers.   At the end of the day, nothing about this offer makes the $100 million bond issue any safer.   If the team goes bankrupt, it is lost.  That is an equity risk the city is taking with taxpayer funds, and equity risk for which we are getting no equity.  See here for full discussion of the risks and problems.

Postscript: The following is pure speculation, but I think it is close to correct.  The team is worth about $110 million at best (remember, it has never made money in AZ).  Forbes values it at $117 million but several similar franchises have sold for under $100 million lately.   The reason it is selling for $210 million is that the NHL, which bought it out of bankruptcy, guaranteed its other owners the league would not lose a penny on the team.   But the team has been racking up losses, and the accumulated cost to the NHL is now $210 million.  The NHL is insisting on a price that is $100 million north of where it should be.  In effect, the taxpayers of Glendale are bailing out the NHL for this crazy promise to its owners.

I can just see the negotiation.  Hulsizer, who by every evidence is a savvy financial guy, is not going to pay $210 million for an asset worth $110 million.  Glendale has way too many chips on the table to fold now, so it rides in and says it will contribute the $100 million difference.  In fact, the best evidence this is a subsidy is the difference between the purchase price and any reasonable team value.  Someone has to make up the ridiculous gap between the NHL asking price and reality, and Hulsizer is too smart to do it.   I have been calling this a subsidy of Hulsizer, but in fact this is really a subsidy of the NHL.   The NHL has Glendale by the short hairs, because Glendale knows (from the Balsillie offer, among others) that the only way the NHL can get a $210 million price is from a buyer who wants to move the team.

This, by the way, is EXACTLY the reason I opposed the original stadium funding deal.  Once they built the stadium, and then went further and lured businesses to develop around it, they were wide open to blackmail of this sort.

The problem with doubling down at this point is that the team has never made money and has no real public plan for doing so.  I have talked to NHL executives and none of them see how the turnaround is possible.  So how many years will it be before the new owners tire of their plaything and throw the team back into bankruptcy, so that Glendale will be in the exact same spot except $300 million, rather than $200 million, in debt.

From March 21, 1996 (via Real Science)

Scientists studying Creutzfeldt-Jakob Disease in the field are still deeply divided about whether BSE can be transmitted to humans, and about the potentially terrifying consequences for the population.

"It's too late for adults, but children should not be fed beef. It is as simple as that," said Stephen Dealler, consultant medical microbiologist at Burnley General Hospital, who has studied the epidemic nature of BSE and its human form, Creutzfeldt-Jakob Disease, since 1988.

He believes that the infectious agent would incubate in children and lead to an epidemic sometime in the next decade.

"Any epidemic in humans would start about 15 years after that in cattle, and about 250,000 BSE-infected cows were eaten in 1990. There could be an epidemic of this new form in the year 2005. These 10 cases were probably infected sometime before the BSE epidemic started."

His worst case scenario, assuming a high level of infection, would be 10 million people struck down by CJD by 2010. He thought it was now "too late" to assume the most optimistic scenario of only about 100 cases.

One of the great things about the Internet is that it is going to be much easier to hold alarmists accountable for wild scare-mongering predictions that prove to be absurd.  Though, I suppose Paul Ehrlich still gets respect in some quarters despite being 0-for-every-prediction-he-has-ever-made, so maybe its too much to hope for accountability.

I took my blog post from earlier this week and expanded it to a full-blown column on the NCAA and its efforts to never, ever let its athletes make a dime from their skills.  An excerpt:

University presidents with lucrative athletic programs will do about anything to distract attention from just how much money their Universities are making off of essentially unpaid labor.  Their favorite mantra is to claim they are holding up an ideal of “amateurism.”

The whole amateur ideal is just a tired holdover from the British aristocracy, the blue-blooded notion that a true “gentleman” did not actually work for a living but sponged off the local gentry while perfecting his golf or polo game.  These ideas permeated British universities like Oxford and Cambridge, which in turn served as the model for many US colleges.  Even the Olympics, though,  finally gave up the stupid distinction of amateur status years ago, allowing the best athletes to compete whether or not someone has ever paid them for anything.

In fact, were we to try to impose this same notion of “amateurism” in any other part of society, or even any other corner of University life, it would be considered absurd.  Do we make an amateur distinction with engineers?  Economists?  Poets?

When Brooke Shields was at Princeton, she still was able to perform in the “amateur” school shows despite the fact she had already been paid as an actress.   Engineering students are still allowed to study engineering at a University even if a private party pays them for their labor over the summer.  Students don’t get kicked out of the school glee club just because they make money at night singing in a bar.  The student council president isn’t going to be suspended by her school if she makes money over the summer at a policy think tank.

In fact, of all the activities on campus, the only one a student cannot pursue while simultaneously getting paid is athletics.  I am sure that it is just coincidence that athletics happens to be, by orders of magnitude, far more lucrative to universities than all the other student activities combined.

Princeton continues its designated role in the universe of scaring the crap out of high NCAA tournament seeds, but fell just short when Kentucky took the lead with 2 seconds left.   I engaged in emotional diversification by picking against them in my brackets, so I would have both joy and pain either way.

This soooo reminds me of Dave Barry's Interview years ago with reason.

​The Maricopa County Sheriff's Office busted two guys -- one of whom was an elementary school music teacher -- last month who allegedly used Craigslist to try and have sex with a dog, and the sheriff seems to think it's becoming a trend -- despite it only happening once.

Sheriff Joe Arpaio earlier this week wrote a letter to Craigslist CEO Jim Buckmaster alerting him of his office's findings and advising him to re-examine security policies on the website to make sure people don't use it to coordinate sex with animals -- again, despite it only happening one time that the sheriff knows about.

Here is the quote from Barry's interview: And here is my post on it

John wrote about it and he got into the usual thing where he immediately got to the question of whether or not you can have sex with dogs. The argument was that if it wasn't illegal to have sex with dogs, naturally people would have sex with dogs. That argument always sets my teeth right on edge....

I got a few letters, mostly pretty nice. One or two letters saying, "Here’s why it wouldn’t work to be a libertarian, because people will have sex with dogs." Arguments like, "Nobody would educate the kids." People say, "Of course you have to have public education because otherwise nobody would send their kids to school." And you’d have to say, "Would you not send your kids to school? Would you not educate them?" "Well, no. I would. But all those other people would be having sex with dogs."

We have 122 backets entered in our competition this year.  Here is the pick report by game

To join, go to http://www.pickhoops.com/CoyoteBlog and sign up, then enter your bracket.

Ross McKitrick on "Earth Hour" via Bishop Hill

The whole mentality around Earth Hour demonizes electricity. I cannot do that, instead I celebrate it and all that it has provided for humanity. Earth Hour celebrates ignorance, poverty and backwardness. By repudiating the greatest engine of liberation it becomes an hour devoted to anti-humanism. It encourages the sanctimonious gesture of turning off trivial appliances for a trivial amount of time, in deference to some ill-defined abstraction called “the Earth,” all the while hypocritically retaining the real benefits of continuous, reliable electricity. People who see virtue in doing without electricity should shut off their fridge, stove, microwave, computer, water heater, lights, TV and all other appliances for a month, not an hour. And pop down to the cardiac unit at the hospital and shut the power off there too.

Update:  Here is the whole thing

Spacechem

I know the FDIC is often in a hurry to place assets from failed banks, but this deal appears absurd

The only way I can find that their math might be wrong is if in the loss payment calculation, the contract might add the value of the promissory note to the short sale proceeds, but that does not change the gravy train here.

Will Blue Oyster Cult (gratuitous umlauts omitted) have to go on the lam now that the First Amendment does not extend to telling someone to commit suicide?

Update:  Don't be afraid, BOC.  I read it closer, and they are probably OK.  Only convincing a specific person to commit suicide is unprotected.  General advocacy appears OK.

I have always enjoyed Michael Crichton's books, but sometimes turn up my nose at his science.  I must say though that the chain of seemingly stupid errors that led to the park crashing in Jurassic Park bear an amazing resemblance to what is going on with the Japanese nuclear plans.  I don't buy his application of chaos theory to the chain of events, but its hard not to see parallels to this:

Engineers had begun using fire hoses to pump seawater into the reactor — the third reactor at the Fukushima No. 1 complex to receive the last-ditch treatment — after the plant's emergency cooling system failed. Company officials said workers were not paying sufficient attention to the process, however, and let the pump run out of fuel, allowing the fuel rods to become partially exposed to the air.

Once the pump was restarted and water flow was restored, another worker inadvertently closed a valve that was designed to vent steam from the containment vessel. As pressure built up inside the vessel, the pumps could no longer force water into it and the fuel rods were once more exposed.

The other line I am reminded of comes from the docu-drama "From the Earth to the Moon."  In the episode after the fire on Apollo 1, they have Frank Borman testifying to a hostile Congressional committee about the fire.  When asked to explain the root cause, he said "a failure of imagination."  I don't know if this is a true quote of his or purely fiction, but it resonates with me from my past troubleshooting work.  Almost every fire or major failure we looked at in the refinery resulted from a chain of events that no one had even anticipated or thought possible, generally in combination with a series of stupid human screwups.  I would describe the Japanese nuclear plant problems in the same light.

Update: Failure of Imagination from Wikipedia

From IMDB, how the line was quoted in the mini-series

Clinton Anderson: [at the senate inquiry following the Apollo 1 fire] Colonel, what caused the fire? I'm not talking about wires and oxygen. It seems that some people think that NASA pressured North American to meet unrealistic and arbitrary deadlines and that in turn North American allowed safety to be compromised.
Frank Borman: I won't deny there's been pressure to meet deadlines, but safety has never been intentionally compromised.
Clinton Anderson: Then what caused the fire?
Frank Borman: A failure of imagination. We've always known there was the possibility of fire in a spacecraft. But the fear was that it would happen in space, when you're 180 miles from terra firma and the nearest fire station. That was the worry. No one ever imagined it could happen on the ground. If anyone had thought of it, the test would've been classified as hazardous. But it wasn't. We just didn't think of it. Now who's fault is that? Well, it's North American's fault. It's NASA's fault. It's the fault of every person who ever worked on Apollo. It's my fault. I didn't think the test was hazardous. No one did. I wish to God we had.

Obama budget director Jacob Lew, who wrote this lucid statement about the Social Security "Trust Fund" back in 2000

"These [trust fund] balances are available to finance future benefit payments and other trust fund expenditures—but only in a bookkeeping sense. These funds are not set up to be pension funds, like the funds of private pension plans. They do not consist of real economic assets that can be drawn down in the future to fund benefits. Instead, they are claims on the Treasury that, when redeemed, will have to be financed by raising taxes, borrowing from the public, or reducing benefits or other expenditures. The existence of large trust fund balances, therefore, does not, by itself, have any impact on the Government's ability to pay benefits." [bold added]

Needless to say, he has changed his tune now that he is being paid to shout "all is well" as enabler-in-chief of Obama's spending habit.

To join, go to http://www.pickhoops.com/CoyoteBlog and sign up, then enter your bracket.  This year, you may enter two different brackets if you wish.

The deadline is Thursday at noon, Eastern time.

I have posted a number of updates on climate science here.

From today's WSJ:

A House subcommittee will hold an "oversight" hearing today on the new Consumer Financial Protection Bureau, the über-regulator that will soon have jurisdiction over most of the country's credit-making institutions. We put "oversight" in quotes because Congress has little say over either the new bureau or its unofficial czar, Elizabeth Warren.

This unprecedented lack of accountability is by Ms. Warren's design. The bureau was the Harvard professor's idea, and she lobbied the Obama Administration and Congress to make it part of the 2010 Dodd-Frank financial reform. That law calls it an "independent bureau," akin to an independent agency like the Securities and Exchange Commission. But that's deceptive. Unlike other agencies, it isn't subject to annual Congressional appropriations.

Incredibly, the law says the bureau's director gets to set her own annual budget by requesting a share of the "combined earnings of the Federal Reserve System." The total she can request is capped this year at 10% of the Fed's total operating expenses (which in 2009 were $5.4 billion). That cap rises to 11% next year and 12% in 2013, and the Fed Chairman has no authority to deny her request. The director can also request an additional $200 million more per year for the next five years from Congress.

This arrangement may be unconstitutional under the separation of powers, and we hope it is soon tested in court. It was a deliberate political gambit to make the bureau less accountable to either Congress or the rest of the executive branch. In July, when its powers fully vest, the bureau will have supervisory authority over banks with more than $10 billion of assets and independent rule-making authority.

Both are cause for worry, given that the bureau will not have to incorporate the views of other banking regulators into its rules when it comes, for instance, to issues of safety and soundness. While the IRS Commissioner and Comptroller of the Currency report to the Treasury Secretary, Ms. Warren and her successors can tell him to crush rocks.

The affront is compounded by President Obama's decision to evade the spirit of the law by letting Ms. Warren set up the bureau without Senate confirmation. Republicans objected to her potential appointment, and even Democrat Chris Dodd said she would be hard to confirm. So Mr. Obama created a special position for her at both the White House and Treasury, letting her essentially create the bureau and hire its staff without facing the Senate. She has proceeded to sign up a raft of liberal antibank populists, such as former Ohio Attorney General Richard Cordray, former AFL-CIO deputy counsel David Silbermann and University of Connecticut law professor Patricia McCoy

Imposing accountability on public officials is hard enough without laws being structured to purposely evade it.

Corn ethanol

The United States spends about $6 billion a year on federal support for ethanol production through tax credits, tariffs, and other programs. Thanks to this financial assistance, one-sixth of the world's corn supply is burned in American cars. That is enough corn to feed 350 million people for an entire year.

Government support of rapid growth in biofuel production has contributed to disarray in food production. Indeed, as a result of official policy in the United States and Europe, including aggressive production targets, biofuel consumed more than 6.5 percent of global grain output and 8 percent of the world's vegetable oil in 2010, up from 2 percent of grain supplies and virtually no vegetable oil in 2004.

I was struck by this article about a kid who was bullied for years finally fighting back against his tormentors, and being suspended for his efforts.   I was physically bullied for years in elementary school and it was not until middle school I woke up one day and realized I was now a lot bigger than the perpetrators and I beat the sh*t out of one of them in a library study room.  Problem over.

I am probably the most passive, least violent person in the libertarian blogosphere (half the sites I really like sound like Burt Reynolds in Deliverance).  For God sakes, I am a libertarian that does not even own a freaking gun.  But at some point there are people who only understand violence.  I figure five years of failed attempted dialog on my part constituted sufficient due diligence before I activated the ground troups.  Afterwards, I was absolutely embarrassed that that the problem turned out so easy to end.

PS-  This is NOT a plea for some stupid government anti-bullying program.  It sucks to be bullied, but it would suck worse to have the government try to aggressively administer justice among 13 year olds.

Via Reason

The baseline takes state government budgets and grows them by population growth and inflation.  In other words, baseline spending in 2007 would be the same real level per capita as in 2002.  The Total Revenue line is the actual revenue collections by state governments.  Actual collections grew about 4 times faster than population and inflation in this period.  And states still did not balance their budgets or pay down debt in this period.  Nick Gillespie writes

Had the states kept their outlays constant while allowing for inflation and population growth, they would have been sitting on $2 trillion in reserves when the recession hit. Instead, they were broke heading into the recession and are in even worse position now.

Revenue is IRRELEVANT to fixing state budget problems.  No matter how much money is collected, governments will spend all the money and more.  The only solution I can see is imposition of statutory, perhaps Constitutional, spending caps in each state.

So the Republicans in Wisconsin eliminated collective bargaining for public unions except on wages.  The Democratic Secretary of State, fully within the law, is delaying making the law official for 10 days.  This 10 days is giving us a great picture of the problem with public unions.

Why?  Because the 10 days was explicitly to allow cities and counties to cut new deals with unions, since all deals before the law is passed are grandfathered.  The fact that many city and county governments are rushing to take advantage of this window just proves that public collective bargaining is broken -- no one is looking after the taxpayers.  I have argued that public unions are basically on the same side of the table with governments in bargaining sessions.  What could be better proof?  If government officials really cared about the taxpayer or their fiduciary responsibility, why in the world would they be rushing to cut above-market deals with government employees when they won't have to do so in just 10 days?  Government officials are colluding with unions to race to transfer more wealth from taxpayers to workers before the window for such subsidies shuts.

Glen Reynolds has a great observation on government social engineering.  I hadn't thought about it this way before, but in many ways government drives for things like home ownership are like a cargo cult

The government decides to try to increase the middle class by subsidizing things that middle class people have: If middle-class people go to college and own homes, then surely if more people go to college and own homes, we’ll have more middle-class people. But homeownership and college aren’t causes of middle-class status, they’re markers for possessing the kinds of traits — self-discipline, the ability to defer gratification, etc. — that let you enter, and stay, in the middle class. Subsidizing the markers doesn’t produce the traits; if anything, it undermines them

Name a multi-billion dollar industry where all the competitors in the industry have formed a single cartel.  This cartel performs many functions, but one of its highest profile functions is to aggressively punish any member who pays its employees more than a cartel-enforced maximum.

Believe it or not, there is such an industry in the US... college sports.  The cartel is the NCAA, and whenever the NCAA makes the news, it usually is with an enforcement action punishing a school for allowing any of its athletes to make more than the agreed maximum salary, which is generally defined as free tuition.  As folks are learning at Ohio State, even trading your autograph for a free tattoo is not too small a transaction to attract ruthless NCAA retaliation.

This ESPN page (via Phil Miller) shows 2010 athletic revenue by school.  Take the top school on the list, the University of Texas.  In 2010 its athletic program brought in over $143 million in revenues.  It paid its workers (athletes) who helped generate this revenue $8.4 million (in the form of tuition), or 5.9% of revenues.  Its hard to decide whether this is high or low, though this percentage of labor for a service business seems low.  Looking for an analog, we can turn to the NFL, which is currently negotiating a revenue split with players.  The issue is still under negotiation, but for years players have been guaranteed over 50% of total revenues.

Even the Olympics finally gave up its stupid distinction of amateur status, allowing the best athletes to compete whether or not someone has ever paid them for anything.  This only makes sense - we don't have amateur engineers who work for free before they give up their amateur status for the professional ranks.  I can still continue to earn my degree at college in programming while being paid by outside companies to do programming.   I can still participate in the school glee club if I make money in a bar singing at nights.  I can still be student council president if I make money in the summers at a policy think tank.  Of all the activities on campus, the only one I cannot pursue if someone is willing to pay me for the same skill is athletics.

Only the NCAA holds out with this dumb amateur distinction, and the purpose is obvious -- it provides cover for what otherwise would be rightly treated as worker exploitation.  And they get away with it because most of the members of this cartel are actually state governments, who are really good at exempting themselves from the same standards the rest of us have to follow.

This is really pretty cool -- a 1953 Navy training film on the components of a mechanical fire control computer.  Steampunk for our parent's generation -- this kind of gear/sprocket exercise is what my dad studied as a mechanical engineer.

I wanted to share my build report on my new home theater speakers.  I built three matching speakers - left, center, right - to go behind my acoustically perforated projection screen.   Because they stay behind the screen, this is perhaps the last time they will ever be seen.  But I wanted to get better at wood-working skills, so I tried to build these as if they were to be visible (but at several steps I could have taken shortcuts which I will describe).

Here are the finished product:

I will put the rest below the fold so as not to bore those not interested.  My apologizes to feed readers, but I think you will see the whole thing.

Continue reading ‘Speaker Build Report’ »

I had a nice Instalanche this morning on my post about the 99-cent price point on the Amazon Kindle for my book BMOC.  I also got a bit of attention at the KindleBoards forum.  So my book is nosing into the top 500 on Kindle, but until my kid noticed I did not see the other topical rankings:

LOL, #1 in Books>Entertainment>Humor>Laywers.  #2 on the same but for business.  Whole new niches beckon!  (Actually, these categories kind of make sense, though I am not sure who chose them --  I am not sure I did).