Coyote Blog

Via Kevin Drum, Art Levine goes covert and digs up the evil doings at a seminar for corporate executives on avoiding unionization.  Why corporate executives  would possibly want to avoid something so sensible as unions is beyond me.  But Mr. Levine uncovers some really nefarious doings:

What if we felt like saying a lot of anti-union stuff to our workers?
Lotito introduced a segment called "You Can Say It." Could we tell our
workers, for instance, that a union had held strike at a nearby
facility only to find that all the strikers had been replaced "” and
that the same could happen to the employees here? Sure, said Lotito.
"It's lawful." He added, "What happens if this statement is a lie? They
didn't have another strike, there were no replacements? It's still
lawful: The labor board doesn't really care if people are lying."

Whoa!  You mean that, in this country, we can, you know, say stuff and its not the government's job to check the veracity?  How have we gotten to such a low point?

Update: I have been to several of these course in my Fortune 50 manager days, and the vast majority of the advice is "treat workers well and communicate a lot." I remember specifically being told not to lie because such tactics tend to backfire.   

As far as my feelings on unions themselves, I would have zero problem with workers organizing of their own free will if it were not for the fact that the government grants unions special rights and privileges that other private organizations do not have.

As many of my readers know, we run over 200 recreation facilities across the country, from Washington to Florida.  This experience of serving nearly a million customers a year has yielded some odd insights.  One of the ones I published before is that the far-and-away worst litterers in the country are Southern Californians and LA residents in particular, California-eco-speak notwithstanding. 

Another observation we have made is that many times our most difficult customers turn out to be law enforcement officers.  I'm not talking about all of them - the vast majority of law enforcement officers are friendly, peaceful campers.  But when we have an incident of a customer refusing to follow the rules and wanting privileges no one else gets, like-as-not the customer is a law enforcement officer of some sort.  For example, we have had an off duty law-enforcement officer pay for one campsite, and then spread his stuff out over three, and refuse to limit himself to one site or pay for the other two he was using.   We have had off-duty law enforcement officers who had their car towed because it was parked for four hours in a tow-away zone, and then had their on-duty friends show up (well out of their jurisdiction) and interrogate our managers and otherwise harass them in retribution.  Heck, we have biker gangs come through that are more respectful of authority than certain off-duty law enforcement officers.

This irritating little site (HT: Hit and Run) possibly explains some things for me.  The site is apparently run by cops and is aimed at criticizing cops who do not extend other officers "professional courtesy"  which apparently is a euphemism for "allow them to break the rules with impunity."  Police officers who actually have the temerity to enforce the rules on other police officers are singled out as "dicks."  Maybe I understand why some of our police officer customers are not accustomed to having to follow the same rules as everyone else.

I will admit I don't even know who Essent Healthcare is.  I don't know if they do a good job or a bad job.  I do know that there is a blogger dedicated to sounding the alarm about Essent.  But there are such gadflies for nearly every major corporation.  But in this case Essent is making the classic PR mistake of trying to silence a blogger by taking expensive-to-defend-against legal action against the blogger.  Specifically, Essent is trying to force the blogger's ISP to reveal the identity of the blogger and his confidential informants, many of whom are employees of Essent likely to face retaliation (more here).

I made the point that this kind of thing always backfires, as publicity tied to such suits and the inevitable backlash from bloggers tends to greatly expand the audience of these small bloggers from a few people who are already disgruntled with the target company to a much wider and more damaging audience.

Case in point:  Look who is suddenly the #1 & #2 Google search return for "problems at essent healthcare."  Neither site was in the top 100 a few days ago.

From
Megan McArdle:

Matt may be right that I haven't harangued people about climate change
recently, so here goes: dude, if you're still a climate change skeptic, it's
time for a rethink. When the science correspondent for Reason magazine
comes over to the reality of anthropogenic global warming, it's safe to say that
the skeptics have lost the debate. Not only the vast majority of the scientific
community, but even most of the hard-core skeptics at conservative magazines,
have abandonned the hope that we are not warming up the climate.

There's still debate about the effects of the warming, and what we should do
about it. But there's not much question that it's happening.

Duh.  The vision of the skeptic community denying that the world is
warming at all is a straw man created by the climate catastrophists to avoid
arguing about the much more important point in her second paragraph.  What I
can't understand is McArdle's, and many intelligent people I meet, seeming
unintrest in the degree of man-made impact.

The chief debate really boils down to those of us who think that
climate sensitivity to CO2 is closer to 1C (ie the degrees the world will warm
with a doubling of CO2 concentrations from pre-industrial levels) and those who
think that the sensitivity is 3-5C or more.  The lower sensitivity implies a
warming over the next century of about a half degree C, or about what we saw in
the last century.  The higher numbers represesent an order of magnitude more
warming in the next century.  The lower numbers imply a sea level rise measured
in inches.  The higher numbers imply a rise of 1-2 feet  (No one really know
where Al Gore gets his 20 foot prediction in his movie).  The lower numbers we
might not even notice.  The higher numbers will certainly cause problems.

The other debate is whether the cost of CO2 abatement should even be
considered.  I have talked to many people who say the costs are irrelevant -
Gaia must come first.  But steps to make any kind of dent in CO2 production with
current technologies will have a staggering impact on the world economy.  For
example, there are a billion Asians poised to finally to enter the middle class
who we will likely consign back to poverty with an aggressive CO2 reduction
program.  With such staggering abatement costs, it matters how bad the
effects of man-made global warming will be. 

There are many reasons a 1.0 climate sensivity is far more defensible
than the higher sensitivities used by catastrophists.  My
argument a lower climate sensitivity and therefore a less aggresive posture on
CO2 is here.  Cross-posted at Climate Skeptic.

Update: Sure, we skeptics debate the degree of past warming, but it really can't be denied the earth is warmer than 100 years ago.  The problem catastrophists have with defending their higher climate sensitivities is that these sensitivities imply that we should have seen much more warming over the past 100 years, as much as 1.5C or more instead of about 0.6C.  These scientists have a tendency to try to restate historical numbers to back their future forecast accuracy.  We skeptics fight them on this, but it does not mean we are trying to deny warming at all, just make sure the science is good as to the magnitude.

One other thought - everyone should keep two words in mind vis a vis CO2 and its effect on temperature:  Diminishing Return.  Each new molecule of CO2 has less impact on temperature than the last one.  Only by positing a lot of weird, unlikely, and unstable positive feedbacks in the climate can scientists reach these higher sensitivity numbers (more here).  A good economist would laugh if they understood the assumptions that were being made in the catastrophic forecasts that are being used to influence government action.

Yet another weird SF Fan makes a great point:

On the one hand, there's a movement (actual example here) to eliminate "bundling" in the cable industry (selling access to all of some medium instead of dividing it into pieces).

On the other hand, other people are worried about the possible lack of bundling if net neutrality isn't mandatory.

Is a debate called for? Or is it a matter of "anything capitalists do is wrong"?

He links Megan McArdle whose post quotes extensively from ... me!

This may be my new favorite tort:  (via Overlawyered)

A Pennsylvania man has sued search giant Google
for $5 billion, claiming that when his Social Security number is turned
upside down, "it is a scrambled code that does spell the name Google."
The handwritten complaint filed in the U.S. District Court in Scranton
alleges that the U.S. Justice Department "is heading the investigation
into allegations of crimes against Humanity" involving Google's
founders and that the plaintiff's "safety is in jepordy."

Up next, the owner of Social Security number 71077345 sues Shell Oil for the same reason.

Unfortunately, in other tort news, this is not a laughing matter.  It is just plain stupid AG megalomania:

For a while now, lawyers in Minnesota, Oklahoma and elsewhere have been suing companies that make over-the-counter cold remedies containing ephedrine and pseudoephedrine on the grounds that they were aware
some buyers were using the drugs as raw material for illegal
methamphetamine labs. Now such litigation appears to be gaining
momentum in Arkansas, where many county governments have signed up to
sue Johnson & Johnson, Pfizer, and other companies. "If successful,
it could open up litigation against manufacturers of other produce used
in making meth, such as drain cleaners and acetone."

One local judge discusses the case in a way that sounds like a commercial for the Publishers Clearing House Sweepstakes:

"What more could we have done with a million dollars a year for our
county? Would that have meant a half dozen more police officers? Would
that have meant a better solid waste program? Who knows, what could
your county have done with an extra million dollars," asked Judge Bill
Hicks of Independence County, a backer of the suits.

Via Kevin Drum, Mark S. Tucker and Kevin Toch make the argument, if I understand it right, that school districts and state education organizations simply don't have the expertise or the capacity to handle the changes required to meet the standards that are being applied by efforts like NCLB (they also argue the tests themselves suck, but I am not going to address that issue).  By the way, you know I'm going to get worked up when the title of an article is "The secret to making Bush's school reform law work? More bureaucrats"

...we need a long-term solution, which can only lie in building
the capacity of the states, districts, and schools to reach the kinds
of goals contemplated by the framers of NCLB. This is not a simple
matter, but a vast, man-to-the-Moon kind of challenge. It means finding
people with the data management experience to build and administer the
very complex systems called for by the law. It means recruiting experts
who can help create truly world class curriculum standards so that
teachers will know what they are supposed to teach and students will be
able to reach the standards. It means identifying and training
thousands of educators who have succeeded in improving their schools to
provide on-site assistance at other failing schools, and recruiting
still others who can take those schools over if the current staff
cannot or will not rise to the challenge. It means creating and
expanding networks of talent-laden organizations--universities, think
tanks, for-profit and non-profit school companies--that have the skill,
experience, and management capacity to turn around individual schools
and entire districts. And it means greatly strengthening the
capabilities of the agencies that will coordinate this massive effort:
state departments of education.

Wow!  It's hard to even know where to start, but I guess my first thought is : What the f*ck have public schools been doing in the last 100 years?  Why, after an absolutely enormous spending growth over the last several decades, do districts still not have the ability to create world class curricula?  Why don't teachers know what they are supposed to teach?   Why is the system so talent poor, despite a huge increase in the number of administrators with various advanced education degrees at all levels of the system?  It's as if the highway department announced today that they didn't have the ability to design roads.

The first and last resort of every technocrat is to complain that the system is great, if only the right "smart" people could get put in charge.  These folks are making this same argument yet again.  Our public schools are fine, if we could just get the right experts in charge. 

Bullshit.

The issue is not the lack of expertise.  The issue is one of incentives and senescence in the system itself.  In this context,  NCLB is completely off the mark.   I work with government employees all the time.  There is a very clear difference between the incentives they see and the incentives I see in the market.  For government employees, the biggest incentive is to avoid missing some bureaucratic check box.  They are much more concerned that they not be found later in some audit to have missed a procedure or a required approval authority than with actual performance or productivity.  NOT, I want to emphasize, because they are bad or misguided people, but because that is how their incentive system is set up.  Their actions are entirely rational in the context of their incentive structure, but the results are no less disastrous.

For example, government managers of recreation facilities get almost no credit for improving the customer experience, a metric my company lives and dies for.  I have seen a government park manager do a great job obtaining funds from private sources to add a new facility to their park that pleased guests, only to get criticized for having the slope of an access ramp be 1/4 degree off ADA standards and have a grievance filed by the union that park visitation had gone up, creating more work for the government employees.  I spent an evening having a beer with that manager, and you can bet they are never going to try to actually improve the customer experience again.  As another example, I went in to my government landlord last week and just blasted them for their lack of customer service focus, for the fact that they are blocking me from making improvements customers are begging for.  They yawned, gave me no response,  and handed me a notice that they were missing some of our water testing paperwork and please get it to them ASAP.

NCLB just gives government schools another government wammy to be managed and avoided.  The authors will probably get their wish, and huge bureaucracies will rise up to manage the numbers and reports without anything being done to really improve education.  The authors lament that the California state education department has "only" 1452 employees.  I have every confidence that this "problem" will soon get fixed by California, and the number will balloon up nicely, long before children see any better education.

A while back I wrote a plea to just let GM die.  I said:

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

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

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

I would say the exact same thing is true of public schools: Their DNA is senescent.  Most are the equivalent of alcoholics who keep falling off the wagon and keep asking for more chances.  At some point, you just have to give up.  At some point, it is easier to just start from scratch.  After 30 years of trying, Sears still can't change itself so there is Wal-Mart.  After 30 years of trying, GM still can't change itself so there is Toyota.  After 30 years of trying, United Airlines still can't change itself so there is Southwest.

The only difference in education is that the government has to date suppressed the emergence of Toyota and Wal-Mart and Southwest because, well, because it can.  I am sure that United Airlines would have liked to ban competition from Southwest, but it does not have the coercive power of government.  Fortunately, in most industries other than education, the public gets a choice of offerings, and companies that customers don't prefer tend to die.

It's time to give school choice a chance, and radically shift the incentives for public schools in a way that the government can't with bureaucracy-based programs like NCLB.  Some public schools will thrive, and many will die in favor of private options, but our kids will be far better off either way.  It's time to stop doubling down on failure.  It's time to stop giving the alcoholic one more chance.

Postscript:  One of the reasons that competition is important is in the very definition of "expertise."  An expert is someone who presumably has been succesful at a certain activity when others have been less so.  We call Herb Kelleher an expert on airlines and customer service because he designed a model that kicked everyone else's butt.  But would you have called him an expert in 1972, before Southwest took off?  Probably not.  He was just one of many voices with diverse, untested opinions of what would make a better airline.  What eventually made him an expert, and the others less so, is he went out and applied his ideas and they were succesful.

So the author's want to send more "expertise" to the schools.  OK, who are the experts?  Nearly every public school is using the same version of the same failed model.  Some succeed more than others, but these differences tend to be incremental rather than radical, like the difference between Sears and Montgomery Ward rather than between Sears and Wal-Mart (or even Amazon.com).  So how can you even know who the experts are within the same failed system, where no one is really allowed to go out and fully test their ideas in practice?  What happens, in reality, is that "experts" in education are the ones that can best enthrall academics and politicians and think tanks with grandiose or politically correct visions.  I would argue that as of this moment there are no experts in education in the US and we have no hope of identifying them until we let entrepreneurs go out and start testing various new models.

Via Kevin Drum, Mark S. Tucker and Kevin Toch make the argument, if I understand it right, that school districts and state education organizations simply don't have the expertise or the capacity to handle the changes required to meet the standards that are being applied by efforts like NCLB (they also argue the tests themselves suck, but I am not going to address that issue).  By the way, you know I'm going to get worked up when the title of an article is "The secret to making Bush's school reform law work? More bureaucrats"

...we need a long-term solution, which can only lie in building
the capacity of the states, districts, and schools to reach the kinds
of goals contemplated by the framers of NCLB. This is not a simple
matter, but a vast, man-to-the-Moon kind of challenge. It means finding
people with the data management experience to build and administer the
very complex systems called for by the law. It means recruiting experts
who can help create truly world class curriculum standards so that
teachers will know what they are supposed to teach and students will be
able to reach the standards. It means identifying and training
thousands of educators who have succeeded in improving their schools to
provide on-site assistance at other failing schools, and recruiting
still others who can take those schools over if the current staff
cannot or will not rise to the challenge. It means creating and
expanding networks of talent-laden organizations--universities, think
tanks, for-profit and non-profit school companies--that have the skill,
experience, and management capacity to turn around individual schools
and entire districts. And it means greatly strengthening the
capabilities of the agencies that will coordinate this massive effort:
state departments of education.

Wow!  It's hard to even know where to start, but I guess my first thought is : What the f*ck have public schools been doing in the last 100 years?  Why, after an absolutely enormous spending growth over the last several decades, do districts still not have the ability to create world class curricula?  Why don't teachers know what they are supposed to teach?   Why is the system so talent poor, despite a huge increase in the number of administrators with various advanced education degrees at all levels of the system?  It's as if the highway department announced today that they didn't have the ability to design roads.

The first and last resort of every technocrat is to complain that the system is great, if only the right "smart" people could get put in charge.  These folks are making this same argument yet again.  Our public schools are fine, if we could just get the right experts in charge. 

Bullshit.

The issue is not the lack of expertise.  The issue is one of incentives and senescence in the system itself.  In this context,  NCLB is completely off the mark.   I work with government employees all the time.  There is a very clear difference between the incentives they see and the incentives I see in the market.  For government employees, the biggest incentive is to avoid missing some bureaucratic check box.  They are much more concerned that they not be found later in some audit to have missed a procedure or a required approval authority than with actual performance or productivity.  NOT, I want to emphasize, because they are bad or misguided people, but because that is how their incentive system is set up.  Their actions are entirely rational in the context of their incentive structure, but the results are no less disastrous.

For example, government managers of recreation facilities get almost no credit for improving the customer experience, a metric my company lives and dies for.  I have seen a government park manager do a great job obtaining funds from private sources to add a new facility to their park that pleased guests, only to get criticized for having the slope of an access ramp be 1/4 degree off ADA standards and have a grievance filed by the union that park visitation had gone up, creating more work for the government employees.  I spent an evening having a beer with that manager, and you can bet they are never going to try to actually improve the customer experience again.  As another example, I went in to my government landlord last week and just blasted them for their lack of customer service focus, for the fact that they are blocking me from making improvements customers are begging for.  They yawned, gave me no response,  and handed me a notice that they were missing some of our water testing paperwork and please get it to them ASAP.

NCLB just gives government schools another government wammy to be managed and avoided.  The authors will probably get their wish, and huge bureaucracies will rise up to manage the numbers and reports without anything being done to really improve education.  The authors lament that the California state education department has "only" 1452 employees.  I have every confidence that this "problem" will soon get fixed by California, and the number will balloon up nicely, long before children see any better education.

A while back I wrote a plea to just let GM die.  I said:

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

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

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

I would say the exact same thing is true of public schools: Their DNA is senescent.  Most are the equivalent of alcoholics who keep falling off the wagon and keep asking for more chances.  At some point, you just have to give up.  At some point, it is easier to just start from scratch.  After 30 years of trying, Sears still can't change itself so there is Wal-Mart.  After 30 years of trying, GM still can't change itself so there is Toyota.  After 30 years of trying, United Airlines still can't change itself so there is Southwest.

The only difference in education is that the government has to date suppressed the emergence of Toyota and Wal-Mart and Southwest because, well, because it can.  I am sure that United Airlines would have liked to ban competition from Southwest, but it does not have the coercive power of government.  Fortunately, in most industries other than education, the public gets a choice of offerings, and companies that customers don't prefer tend to die.

It's time to give school choice a chance, and radically shift the incentives for public schools in a way that the government can't with bureaucracy-based programs like NCLB.  Some public schools will thrive, and many will die in favor of private options, but our kids will be far better off either way.  It's time to stop doubling down on failure.  It's time to stop giving the alcoholic one more chance.

Postscript:  One of the reasons that competition is important is in the very definition of "expertise."  An expert is someone who presumably has been succesful at a certain activity when others have been less so.  We call Herb Kelleher an expert on airlines and customer service because he designed a model that kicked everyone else's butt.  But would you have called him an expert in 1972, before Southwest took off?  Probably not.  He was just one of many voices with diverse, untested opinions of what would make a better airline.  What eventually made him an expert, and the others less so, is he went out and applied his ideas and they were succesful.

So the author's want to send more "expertise" to the schools.  OK, who are the experts?  Nearly every public school is using the same version of the same failed model.  Some succeed more than others, but these differences tend to be incremental rather than radical, like the difference between Sears and Montgomery Ward rather than between Sears and Wal-Mart (or even Amazon.com).  So how can you even know who the experts are within the same failed system, where no one is really allowed to go out and fully test their ideas in practice?  What happens, in reality, is that "experts" in education are the ones that can best enthrall academics and politicians and think tanks with grandiose or politically correct visions.  I would argue that as of this moment there are no experts in education in the US and we have no hope of identifying them until we let entrepreneurs go out and start testing various new models.

Cars made by GM and fuel produce by Exxon may be responsible for a lot of CO2, but no one is creating as much global warming as James Hansen and NASA do just sitting at their computers.  An example, showing a cooling trend in New Zealand before their adjustments, but a strong warming trend after NASA is through with the data, is posted at Climate Skeptic.

...for getting the dumbest sports injury of all time, tearing his ACL when his manager was restraining him from attacking the first base umpire.  Video here, if you missed it.  We Diamondback fans are becoming big supporters of your, Milton.

What I know:  The Philadelphia Eagles' jerseys this weekend were a travesty.  But that is OK, because I can't stand the Eagles, since their name is a tribute to Mussolini-style fascism.

I feel like it is time for one of those unpopular libertarian rants that piss everyone off.   As with the last time this issue came up, I just don't understand what we fear so much letting Iranian dictator Amadinejad speak on American soil.  I am absolutely all for letting people put themselves on the record in the clearest possible way.  McQ over at Q&O is a smart guy I often agree with, but his core assumption seems to be that an invitation from Columbia University somehow confers some legitimacy on an otherwise egregious world leader.  How?  I am not sure the Columbia name even confers much legitimacy on its faculty.  The only thing the decision communicates to me is that Columbia, the university that didn't allow presentation of the Mohammad cartoons and that allows speakers to be manhandled off the stage, is deeply confused about speech issues on campus.

Information is always useful.  Would I have allowed Hitler to speak in the US in the 1930's?  Hell yes!  I wish he had gone on a 20-city speaking tour.  Hitler couldn't help but telegraph his true intentions every time he spoke.  Hell, he wrote it all down in a book if people would have paid attention.  But what if he didn't?  What if he convinced all America he was peaceful?  Even then it would have been useful.  Intelligent media (if there are any left) could then compare and contrast what he said at home vs. what he said in the US, much like a few folks do with Muslim clerics, comparing their English and Arabic speeches.  Further, folks would have immediately seen Hitler was lying in September of 1939, and, knowing Americans, they would have been more pissed off at him for being lied to.  Further, it would be fabulous to have quotes form Mussolini, touring eastern US cities, praising the New Deal and the NRA, much of which was modeled on his program in Italy.

What about, as Roger Simon asks:

I have a question for the Columbia crowd, since Holocaust deniers are
welcome, would you allow a speaker in favor of a return to black
slavery? I hope not. Well, that's how I feel about Holocaust deniers.

Absolutely I would.  If there was a prominent person who advocated the return to black slavery, I would want that person on the record in public.  I would love to listen to see what kind of supporters he thought he had, and, perhaps more importantly, to see who reacted favorably to him.   You have to pull these guys up into the sunlight and show the world how distasteful they are.

Update:

During the 1930s, "one of the things we really lacked in this country
was sufficient contact with Nazis to realize what they are up to," said
Harvey Silverglate, a prominent civil rights attorney who has sharply
criticized higher education for failing to support free speech on
campus. The notion "that you're going to take really awful people and
not listen to them is really suicidal for any society."

...you equate the government choosing not to provide a service with that service being banned.  Michael Cannon quotes our Speaker of the House:

House Speaker Nancy Pelosi's understanding of government's role in a
liberal democracy (and of the veto power) may be worse than I thought. A reporter sends a transcript of a press conference that Pelosi held yesterday, where she made the following remarks:

Oh, [President Bush] used the veto pen to veto the stem
cell research bill.  That was a major disappointment. . . . I remember
that veto very well because he was saying, "I forbid science to proceed
to improve the health of the American people."

Regarding Bush's threatened veto of the Democrats' expansion of the State Children's Health Insurance Program:

The President is saying, "I forbid 10 million children
in America to have health care." You know from your Latin that is what
"veto" means.

Pelosi should know that there is a difference between the government not funding something and forbidding it.

I have written on a number of occasions that the real problem in American health care is the insulation between the person who receives the services and the true cost of the services.  Other than a few folks like me with high deductible policies, there is no incentive to shop around and no incentive to eschew certain avoidable and high cost procedures.

Marc Cooper complained that he went to the hospital for a day and it ended up costing the insurance company over $100,000.  His take-away form this is that the government needs to step in.  My take-away was different:

Did he ask for a price estimate in advance? Did he ask, as most of
us do with all of our large purchases, for a written estimate or
quotation? Did he get such estimates from two or three competitors? Did
he shop around?

Of course not! Because in a system where someone else is paying the
bills, we have no incentive to shop around. So providers have no
incentive to compete on price or to worry about productivity and cost
control.

Sure, this looks like a rip-off.  But if you went in to buy a car,
concerned only with the quality of the
car, and never asked the price and then got a bill for $100,000 a few
weeks later, would you be surprised?  Would anyone give you sympathy if
you complained you paid $100,000 for the car but admitted you never
asked what the price was?

So I was very pleased to see this from John Stossel:

America's health-care problem is not that some people lack insurance, it is that 250 million Americans do have it.

You have to understand something right from the start. We Americans
got hooked on health insurance because the government did the insurance
companies a favor during World War II. Wartime wage controls prohibited
cash raises, so employers started giving noncash benefits like health
insurance to attract workers. The tax code helped this along by
treating employer-based health insurance more favorably than coverage
you buy yourself. And state governments have made things worse by
mandating coverage many people would never buy for themselves.

Competition also pushed companies to offer ever-more attractive
policies, such as first-dollar coverage for routine ailments like ear
infections and colds, and coverage for things that are not even
illnesses, like pregnancy. We came to expect insurance to cover
everything.

He concludes:

Imagine if your car
insurance covered oil changes and gasoline. You wouldn't care how much
gas you used, and you wouldn't care what it cost. Mechanics would sell
you $100 oil changes. Prices would skyrocket.

That's how it works in health care. Patients don't ask how much a
test or treatment will cost. They ask if their insurance covers it.
They don't compare prices from different doctors and hospitals. (Prices
do vary.) Why should they? They're not paying. (Although they do in
hidden, indirect ways.)

I had eagerly awaited the first installment of Ken Burns documentary on WWII.  While it was fine, it undershot my expectations.  My expectations may be affected by the fact that, unlike the Civil War or other topics he has addressed, WWII has been done to death by documentaries.  It may also be that WWII is so sprawling, its hard to get a handle on in his timeframe.  After all, his series will be much shorter than the classic World at War and even than his own series on Baseball.

As with the Civil War, I thought the focus on a few American cities and the impact of the war worked pretty well.  However, I found the narrator (Keith David) for this particular series sleep inducing, particularly after David McCullough in the Civil War did such an outstanding job (and he was not even a professional "voice") and after the incredible cast of voice-overs in that same series.  Also, the organization seemed bizarre.  Around the 2 hour mark, they seemed to be clearly wrapping up the first episode, with summaries of dead and injured in the first part of the war.  But then all of a sudden they grafted on a short segment about Latinos and the marine raider battalion on Guadalcanal, and even a little snippet about Bougainville.  And then it just ended suddenly.  Made zero sense to me.

Here they go again.  Another company is attempting to commit public relations suicide by blowing up the negative commentary of a small, low-traffic blogger into a national story.

An unlikely Internet frontier is Paris, Texas, population 26,490,
where a defamation lawsuit filed by the local hospital against a
critical anonymous blogger is testing the bounds of Internet privacy,
First Amendment freedom of speech and whistle-blower rights.

A state district judge has told lawyers for the hospital and the
blogger that he plans within a week to order a Dallas Internet service
provider to release the blogger's name. The blogger's lawyer, James
Rodgers of Paris, said Tuesday he will appeal to preserve the man's
anonymity and right to speak without fear of retaliation.

Rodgers said the core question in the legal battle is whether a
plaintiff in a lawsuit can "strip" a blogger of anonymity merely by
filing a lawsuit. Without some higher standard to prove a lawsuit has
merit, he said, defamation lawsuits could have a chilling effect on
Internet free speech.

"Anybody could file a lawsuit and say, 'I feel like I've been defamed. Give me the name,' " Rodgers said.

The blog about problems at Essent Healthcare is here, called The-Paris-Site.

Interestingly, the hospital, owned by a company called Essent Healthcare, appears to be using the medical privacy act HIPPA as a bludgeon to try to stifle criticism.  To make a case against the hospital, general criticisms about poor care and medical mistakes are best backed up with real stories.  But the hospital is in effect saying that real stories can't be used, since doing so violates HIPPA.  I don't know if this is or is not a correct application of HIPPA, but it is a danger of HIPPA that I and others warned about years ago.  The hospital goes on hilariously about how they are not really worried about the damage to their reputation, but for the poor patients whose medical details ended up in the blogger's hands.  Memo to health care workers in the future:  If you think the hospital screwed up my care, you have my blanket permission to release the details of said screw-up.

Before starting my own company, I have worked in a number of senior jobs at publicly traded companies and a few soon-to-be-f*cked Internet ventures.  In several of these cases, I and my fellow managers came in for pretty rough and profane criticism.  In many cases the posts were hilarious, positing well-oiled multi-year conspiracies from a management team that was just trying to survive the day.  Most of us were pretty rational about these sites - the more you try to respond to them, the more attention you give them.  The best response is to ignore them except maybe on Friday night when you can drink some beers and laugh out loud reading the commentary.  But there were always a few folks whose ego just got inflamed by the comments, even though they were seen by maybe 12 people worldwide.  They wanted to put a stop to the commenters.

I am sure that this is what is happening here.  Because any good PR person who has been in the business for more than 5 minutes would tell you that the worst thing you could do for a critic with a small audience is to a) turn them into a martyr and b) increase their audience about a million-fold.  These guys at Essent are just nuts, and in the heat of ego preservation are in the process of making a massive mistake.

I am reminded of TJIC's response when a lawyer threatened to file a BS copyright suit against him:

With regards to your statement that you've been "looking forward for a
class action lawsuit on a case like this", I, too, would enjoy such a
lawsuit. The publicity that we would derive from defeating your firm in
court over a baseless allegation of copyright infringement, brought
about by a law firm and a lawyer that does not understand the First
Sale doctrine, and which are entirely ignorant of the Supreme Court
case law on the topic, would be of incalculable value to us, and would
be a very cost efficient way to further publicize our service.

Hat Tip to Overlawyered for the link.

Update: The blogger appears to have been around since 2005.  The article said that as of June, or after about 2 years of operation, he had 170,000-ish page views.  He now appears to be at about 230,000 just three months later and only a few weeks after the story went public.  Q.E.D.

Update #2:  I forgot to include my opinion on the case.  There has got to be some higher legal bar to be cleared to strip the anonymity of a blogger than just asking for it to happen during discovery on a lawsuit.  If the legislature is not going to establish this bar, then a higher court is going to have to do so. 

I haven't really blogged about the Chinese toy recalls, not knowing much about them.  However, my first thought on hearing the problems described was, "aren't those design defects, not manufacturing issues?"  I had a strong sense that populist distrust of trade with China was being used as a fig leaf to cover Mattel's screw-ups.  Several of the recalls were for parts such as magnets that were small and could be swallowed.  There was no implication that the magnets fell off because they were attached or manufactured poorly, they were just a bad design.

I have worked in a number of large manufacturing companies that have plants and suppliers in China.  It was out responsibility to make sure the product that got to the customer was correct.  There is no way we would source a product from an independent foreign company, and have the product delivered straight to stores without inspection, unless we were absolutely damn certain about the company's processes, up to and including having full-time manufacturing people at their plant.

Well, I might have been on to something (WSJ$)

Toymaker Mattel
issued an extraordinary apology to China on Friday over the recall of
Chinese-made toys, saying most of the items were defective because of
Mattel's design flaws rather than faulty manufacturing. The company
added that it had recalled more lead-tainted Chinese toys than was
justified....

Mattel ordered three high-profile recalls this summer
of millions of Chinese-made toys, including Barbie doll accessories and
toy cars, because of concerns about lead paint and tiny magnets that
could be swallowed. The "vast majority of those products that were
recalled were the result of a design flaw in Mattel's design, not
through a manufacturing flaw in China's manufacturers," Mr. Debrowski
said. Lead-tainted toys accounted for only a small percentage of all
toys recalled, he said. "We understand and appreciate deeply the issues
that this has caused for the reputation of Chinese manufacturers," he
said.

Mattel said in a statement its lead-related recalls
were "overly inclusive, including toys that may not have had lead in
paint in excess of the U.S. standards. The follow-up inspections also
confirmed that part of the recalled toys complied with the U.S.
standards."

The other interesting thing here is just how important Mattel's relationship with China is, to have even issued this apology at all.  For such a massive and high-profile recall, Mattel came off very well through the succesful strategy of blaming China.  I know that parents I have heard talk about the recall blame China and have increased fear of Chinese products.  So it is interesting to see that Mattel feels the need to abandon this so far winning PR strategy.

A few days ago I wrote that there were a lot of bad reviews of the new iPod Classics.  The form factor and increased storage seem enticing, but people complained about the user interface.

Today I went to Best Buy and tried them out.  Yuk!!  Scrolling through the menu, even with the album cover flip thing off, is really bad.  All sense of precision is lost, and the speed is much slower.  Just to get "artist" in the top menu was hard -- I kept scrolling past it.  There is just no sense of precise control.

I urge all of you to go try one before you buy, particularly if you are like me and are upgrading from a gen 5.5 classic.  Do not just buy it online sight unseen assuming it is just like the 5.5 but with more storage and a thinner form factor.  I am also told, but can't attest to the fact, that it is much harder to get video out to a TV, say in a hotel room, and takes new adapters and cradles to do so. 

This may get fixed in a software patch, but I an not entirely sure.  I have heard that new hardware on the touchpad is partially to blame, and there is no patch for that.  I can confirm that it did not feel like the old touch pad. 

I am not at all clear why the Congress needs to take a formal vote on a resolution condemning a legal act of free speech by American citizens.  Yeah, I get the politics of this move.  But can't they focus on more important issues, like approving official national days for obscure vegetables.

From the comments to my iPod post:

Apple Computer announced today that it has developed a computer chip
that can store and play music in women's breasts as implants.

The IBoob will cost $499 or $599 depending on size.

This is considered to be a major breakthrough because women are
always complaining about men staring at their breasts and not listening
to them.

And who doesn't enjoy unclear pronoun reference humor?  Of course the greatest grammar joke of all time has to be this classic:

New Harvard Student:  Can you tell me where the library is at?

Other Harvard Student, with snobby accent:  At Haaahvaaard, we do not end our sentences in prepositions.

New Harvard Student:  OK.  Can you tell me where the library is at, Asshole?

Update:  Yes, I know, before the commenters come after me, I am not one to throw stones about grammatical mistakes.  But I can get it right when I try, I just make mistakes in the heat of battle.

Some good news today in the annals of prosecutorial misconduct and overzealousness:  The Governor of Florida has pardoned Richard Paey, the man who was sent to prison for 25 years for trying to do something about his pain.

Richard Paey, a victim in the war on
drugs, was granted a full, immediate and unexpected pardon by Gov.
Charlie Crist and the Cabinet Thursday morning, allowing him to get out
of prison and be reunited with his family later in the day.

Paey, 49,
has spent the last 3 ½ years in prison after he was convicted on drug
trafficking charges in a 1997 arrest for filling out fake prescriptions
and possessing about 700 Percocet narcotic painkillers. He was to be
imprisoned for 25 years.

The catch: Everyone, including judges,
acknowledged the traffic accident victim was using the pills for
debilitating pain. Since his incarceration, prison doctors have hooked
him up to a morphine drip, which delivers more pain medication daily
than he was convicted of trafficking.

Good.  I am cautiously optimistic that after the Duke non-rape case, there is increasing focus on the issue of prosecutorial over-zealousness.  Along these same lines, the ACLU is coming to the defense of Larry Craig.  As is the plight of the Jena 6.

Scored 58 of 60 on the Civic's Quiz that apparently 40% of Ivy Leaguer students don't seem able to pass.  Missed the Jamestown founding date and Just War Theory.   Now I can be the crotchety old Princeton alum:  "Well in my day..."

Like most of the Democratic presidential candidates, Obama has proposed a real mess in the place of coherent tax policy.   Chris Edwards has a first look.  No real surprises - more taxes on the productive, more handouts to key Democratic voting blocks.

I see that the drive to force cable companies to offer their basic cable package a la carte rather than as a bundle is gaining steam again.  This is the dumbest regulatory step imaginable, and will reduce the number of interesting niche choices on cable.

For some reason, it is terribly hard to convince people of this.  In fact, supporters of this regulation argue just the opposite.  They argue that this is a better plan for folks who only are passionate about, say, the kite-flying channel, because they only have to pay for the channel they want rather than all of basic cable to get this one station.   This is a fine theory, but it only works if the kite-flying channel still exists in the new regulatory regime.  Let me explain.

Clearly the kite-flying channel serves a niche market.  Not that many people are going to be interested enough in kite flying alone to pay $5 a month for it.  But despite this niche status, it may well make sense for the cable companies to add it to their basic package.  Remember that the basic package already attracts the heart of the market.  Between CNN and ESPN and the Discovery Channel and the History Channel, etc., the majority of the market already sees enough value in the package to sign on.

Let's say the cable company wants to add a channel to their basic package, and they have two choices.  They have a sports channel they could add (let's say there are already 5 other sports channels in the package) or they can add the Kite-flying channel.  Far more people are likely to watch the sports channel than the kite flying channel.  But in the current pricing regime, this is not necessarily what matters to the cable company.  Their concern is to get more people to sign up for the cable TV.  And it may be that everyone who could possibly be attracted to sports is already a subscriber, and a sixth sports channel would not attract any new subscribers.  It is entirely possible that a niche channel like the kite-flying channel will actually bring more incremental subscribers to the basic package than another sports channel, and thus be a more attractive addition to the basic package for the cable company. 

But now let's look at the situation if a la carte pricing was required.  In this situation, individual channels don't support the package, but must stand on their own and earn revenue.  The cable company's decision-making on adding an extra channel is going to be very different in this world.  In this scenario, they are going to compare the new sports channel with the Kite-flying channel based on how many people will sign up and pay for that standalone channel.  And in this case, a sixth (and probably seventh and eighth and ninth) sports channel is going to look better to them than the Kite-flying channel.   Niche channels that were added to bring greater reach to their basic cable package are going to be dropped in favor of more of what appeals to the majority. 

I think about this all the time when I scan the dial on Sirius radio, which sells its services as one package rather than a la carte.  There are several stations that I always wonder, "does anyone listen to that?"  But Sirius doesn't need another channel for the majority out at #300 -- they need channels that will bring new niche audiences to the package.  So an Egyptian reggae channel may be more valuable as the 301st offering than a 20th sports channel.  This is what we may very likely be giving up if we continue down this road of regulating away cable package pricing.  Yeah, in a la carte pricing people who want just the kite-flying channel will pay less for it, but will it still be available?

At a recent meeting of the National Associate of State Treasurers
(Yawn), John Podesta, after stating hilariously that what the world
really needed was continued leadership by state treasurers on the
global warming issue, argued: 

"Climate change is a threat to the long-term value of the economy and
failure to calculate its impacts or manage or reduce its harm mean that
our assets are being over valued, and the risks we face are being under
reported."

I have a lot of interest in global warming, which is why I created a second blog Climate Skeptic to deal with these issues.  There is a lot about anthropogenic warming we do not understand.  But what is nearly a total 100% lock is that, at least for the United States, the cost to our economy of regulations to limit CO2 will be far higher than the likely net-negative effects of warming (Al Gore's 20 foot sea level rises and other anti-rational claims notwithstanding).  At its heart, isn't the risk really of damage from government regulation, rather than the climate?

Via Michael Giberson of Knowledge Problem, the NY Attorney General is concerned that certain companies are not disclosing global warming-related risks, but he is at least more honest about what those risks are:

Last Friday, New York Attorney General Andrew Cuomo sent subpoenas
to five power generating companies seeking to find out if the companies
had properly disclosed financial risks associated with proposed new
coal-fired power plants.

All five of the letters accompanying the subpoenas are available from the NYAG's website.  Here is the opening paragraph of the letter to Dominion Resources, Inc.:

We are aware that Dominion Resources, Inc., ("Dominion")
has plans to build a coal-fired electric generating unit that would
generate 585 megawatts of electricity without current plans to capture
and sequester the resulting carbon dioxide (CO2) emissions. The
increase in CO2 emissions from the operating of this unit, in
combination with Dominion's other coal-fired plants, will subject
Dominion to increased financial, regulatory, and litigation risks. We
are concerned that Dominion has not adequately disclosed these risks to
its shareholders, including the New York State Common Retirement Fund,
which is a significant holder of Dominion stock. Pursuant to the
Attorney General's investigatory authority under New York General
Business Law § 352, and New York Executive Law § 63(12), accompanying
this letter is a subpoena seeking information regarding Dominion's
analysis of its climate risks and its disclosures of such risks to
investors.

A little later, the letter gets more specific: "For example, any one
of the several new or likely regulatory initiatives for CO2 emissions
from power plants "“ including state carbon controls, EPA's regulations
under the Clean Air Act, or the enactment of federal global warming
legislation "“ would add a significant cost to carbon-intensive coal
generation, such as the new coal plant planned by Dominion." In
addition to Dominion, the NYAG's office sent subpoenas to AES, Dynegy,
Peabody, and Xcel. Here is the story from the New York Times.

The letter doesn't say so explicitly, but I'm sure the message was
clear, that in addition to new or likely legislative actions and
substantive regulatory initiatives, the companies also faced the risks
and costs associated with being harassed by swarms of officers from the
NYAG's office.

You can see what is going on here -- following in the rich tradition established by the egregious Eliot Spitzer, the NY AG is again overreaching his office's authority and attempting to set regulatory policy rather than enforce it.  But at least he is honest in portraying the main risk to be a government regulatory backlash on these companies.

Thinking about this, couldn't every company put this in their boilerplate?  I mean, for most of us, the number one risk we face all the time is that the government will either do something to us specifically or the economy in general to hurt results.  Let's just have everyone add the line "the government poses a huge risk to our business plan" and be done with it.