Coyote Blog

A man is fighting for his life, and the jackals and vultures of both parties are trying to figure out how his death might affect their own political power.

Via Overlawyered, from the nanny's at the British Medical Journal:

Clothes made in larger sizes should carry a tag with an obesity
helpline number, health specialists have suggested. Sweets and snacks
should not be permitted near checkouts, new roads should not be built
unless they include cycle lanes and food likely to make people fat
should be taxed, they say in a checklist of what we might "reasonably
do" to deal with obesity.

I know a number of larger folks who already get huge self-esteem hits everytime they shop for clothes.  I am sure they would love to see a tag that says "If you are trying this on, you are fat.  Get help" on their clothes.  Oh, and thanks for all the help with girls that have a tendency towards anorexia.  I am sure all this media and government obsession with body size and losing weight will be a big help (when I was younger, I had two acquaintances both die from complications associated with anorexia and bulimia).  What's next?  Special tags on small-size condoms saying, well, never mind.

As a way to celebrate the holidays and perhaps compensate for a more relaxed pace of blogging for a while, I am beginning a serialization of my new novel BMOC.  If there is interest, I will keep it going for a while.  So, lets get started.  Enjoy!  (You didn't really feel like doing any real work today, did you?).   By the way, for you prospective business school students, though it may seem un-serious, embodies my best advice for you.  Chapters 3 and 4 continue here.

chapter one

Robert
Gladstone, multi-millionaire CEO of the M Group, looked around the
room at his fellow conspirators and longed for the piranha
button. 

Continue reading ‘BMOC, Chapters 1 and 2’ »

Note to readers:  This post is sticky through 12/15.  There are new posts just below this one!

Welcome!  This year we are in the blogs ranked 1751-2500.  Please cast your vote for Coyote Blog here.  You can vote once per day!  For those new to the site, here is some of what I do here:

Real-life small business experiences:  Buying a company;  Working with the Department of Labor; Case Studies on the Minimum Wage;  What's on my Desk Today;  Getting an SBA Loan

Economics:  The myth of Zero-sum Economics; 60 second refutation of socialism; Business Relocation and the Prisoners Dilemma; Technocrats, government and disasters; Advice for the Reality-Based Community;  Roosevelt's NRA: America's Flirtation with Fascism; the Trade Deficit is not a Debt; A Challenge to Lou Dobbs;  In Praise of Robber Barons

Libertarian political commentary:  Respecting individual decision-making, The real implications of a Privacy Right, Technocrats get their comeuppance, A defense of Open Immigration, New Alien and Sedition laws, Conservatives, let your enemy speak, Liberals, let your enemy speak(and here), Iraq war, The Kelo decision,  

Climate Science:  The skeptical middle ground on warming; A skeptics guide to An Inconvenient Truth

Frustration with runaway torts:  Jackpot Litigation; Coyote vs. ACME

Camping (my business):  New American nomads;  This RV is just wrong

Attempts at humor: How to spot a dictatorship; Coyote's Law;  Making fun of the UN and the Internet;

Sports: The Baseball Closer Role is Nuts; I hate penalty kicks; Pre-season college football rankings are the most important

ACME Products:  Instant Girl; Ultimatum Gun; Earthquake Pills

How I Married Well:  My Wife, the Fashion Diva;  My Wife's Fashion Awards (and here)

Oh, and I promote my new novel, BMOC, a little bit.

Enjoy.

Top 10 Junk Science Stories of 2006

I didn't think much could top some of the ridiculous stuff I have read of late on the government abuse and rent-seeking front;  the milk cartel, for example, seemed hard to top.  But I think this has jumped into the lead:

In Didden v. Port Chester, the government decided to redevelop
an area of the city, and chose a developer who drew up development
plans. One of the property owners, Bart Didden, owned a piece of
property that he wanted to lease to CVS to build a pharmacy. The
developer, on the other hand, wanted to use the land for a Walgreen's
instead. So the developer told Didden that if he would pay the
developer $800,000 and give him a percentage in the CVS, that he
wouldn't condemn the property. Didden, of course, rejected this
offensive offer, and the next day, the city condemned the land to give
to the developer.

This is much worse than Kelo, and I thought that case was bad.  Didden lost his appeal, but is trying to get the Supreme Court to hear the case:

"What the developer and Village of Port Chester did is nothing short of
government-backed extortion," said Didden. "I had an agreement to
develop a pharmacy, a plan fully approved by the Village, and in the
eleventh hour I was told that I must either bring this developer in as
a 50/50 partner or pay him $800,000 to go away. If I didn't, the City
would condemn my property through eminent domain for him to put up a
pharmacy. What else can you call that but extortion? I hope the Supreme
Court sets things right."

I guess the case has a bit of utility -- it does set a market value on government pull.  In this case, the developer has priced his "in" with the local city establishment at $800,000.   

To my untrained eye, this case seems not to be covered by the Kelo logic.  In Kelo, the justices (insanely) decided that a valid public purpose for eminent domain was to replace one landowner with another who will pay more sales and property taxes.  But its hard to argue that a CVS pharmacy would pay more or less than a Walgreen's pharmacy.  In addition, Didden's supporters are hoping that the Supreme Court will finally rule on the more general issue of "exactions":

What's interesting is how this case parallels something called
"exactions," which we see in a lot of cases involving building permits:
government demands that a property owner give up some value to the
government"”a portion of the land, or sometimes outright cash"”in
exchange for a building permit. Now, this case didn't involve a
building permit, but the issue is the same: in exchange for the right
to use the property, you have to give up your property rights. That is
what the "an out and out plan of extortion."

These exactions are rampant throughout America. They're causing housing prices to soar.
And yet despite PLF's repeated requests, the Supreme Court has refused
to take one of these cases to clarify that they do violate the
Constitution. Meanwhile, we hear that the Supreme Court can't find
cases to fill up its docket! Here's hoping the Court grants cert. in
this case and declares once and for all that government can't use its
power to regulate land use as leverage to demand money from property
owners.

I know there are folks who get seriously bent out of shape by this type thing (Gouging!), I think this is pretty cool, from Market Power:

I wouldn't have thought this would
happen, but it appears that a gas station I pass during my commute
practices time-of-day pricing, charging more during the peak period and
charging less during the off peak.

For the past two months, every time I have passed the station in the
evening, the price of gasoline has been at least three cents/litre
lower than it was in the morning on the way to work. This station is
very convenient for people to pull into on the way into London, but it
is very inconvenient for people who are leaving the city at the end of
the workday.

Phoenix is in the process of tearing up half the city to put in its first light rail line.  There seems to be a hard core of people out there who get a huge hard-on for light rail, and I just don't get it.  Some random observations:

• We are building light rail that is essentially a "trolley."  This means it runs at street levels, often down the median strips of roads, and has to stop at stoplights just like cars and buses.  My question is, in this configuration, how is light rail any different than a bus?  Except for the fact, of course, that it is far more expensive and far less operationally flexible. 
• The system is not up and running yet, so I have not seen ridership numbers, but I will make a bet:  If we take the entire cost of the system's construction, plus its annual operating losses/subsides, I will bet that we could have bought every regular rider of the rail system a nice car instead and gas for life cheaper than the cost of the rail system.
• It looks to me like the rail system will actually increase congestion.  For most of its route, it is removing lanes from busy roads, and by running down the middle it will make left turns more difficult and complex. 
• Supporters of these systems point to NY or London as examples of what we can achieve.  Bullshit.  No city that has embarked on this light rail stuff has had the success or the political will or the money to build out a network with the critical mass that these larger cities have.  Most end up with orphaned routes (see LA, for example) that don't tie into anything. 
• Phoenix is the last city on the planet that a rail based system should work for.  I don't have the book in front of me, I will have to get it from home, but I remember a book on urban development that showed Phoenix had the flattest population density distribution of any city studied.  What this means is that we don't have a city center and suburbs - it means that we are basically all one big suburb.  So there are no single routes (for example in Chicago from the northern suburbs into downtown) that have any critical mass of traffic.  People are driving from everywhere to everywhere.  In fact, my suspicion has been that there are a group of politicians and business people who want to try to create a downtown area, and are using massive public funds in the form of light rail lines converging on the city center to try to jump-start such development.
• The Commons Blog has a link-rich post on the failure of the Portland light rail system, supposedly the model all light-rail promoters point to.

Update:  Jackalope Pursuivant has more on Phoenix light rail

I have written on this before on the context of Vioxx, but is it really rational public policy to have juries be allowed to effectively ban products, products that both legislatures and regulatory bodies have explicitly or implicitly deemed as legal?  Ted Frank takes this on at Overlawyered in a nice follow-up post on a $31 million jury verdict against Ford:

SUVs are designed to have high clearance to traverse rugged terrain.
This raises the center of gravity and affects the handling: it's a
known tradeoff of the laws of physics. There are a wide variety of
tests of varying degrees of scientific merit one can use to suggest a
vehicle is "too prone" to roll over, and plaintiffs have the benefit of
cherry-picking which tests to apply to which vehicles. You'll find lots
of lawyers complaining that the Bronco II allegedly responded poorly in
"J-turn tests", where the steering wheel is turned 330 degrees in one
third of a second and held there for another 4.67 seconds. Ford
designed the Explorer to pass the J-turn test to take away this claim,
and the trial lawyers started using different methodologies to claim
that the Explorer was too prone to roll over.

Empirically, however, the Bronco doesn't roll over more than several
other SUVs on the market, which is why NHTSA, in both the Bush I and
Clinton administrations, refused to recall the Bronco when the
plaintiffs' bar asked it to. When I say Ford was held liable for
producing an SUV, I'm not spinning: it was because it was held liable
for producing an SUV.

Moreover, a vehicle should be viewed in totality: an auto that is
more likely to roll over may be safer in other particulars that more
than compensate for that increased propensity. So I question the
premise. One can't change the rollover propensity without creating a
different vehicle entirely. The vehicle should be viewed holistically,
and holistically, the Bronco is a safe car when used as designed.

Perhaps we as a society would be better off taking the nanny-state
step of banning SUVs, forbidding people from wildnerness driving
because too many drivers don't know how to drive SUVs in highway
conditions, but that's a decision that not only would end the American
auto industry, but should be made other than by a 12-person jury of
laypeople. This vehicle rolled over because the driver drove off the
road.

I had similar thoughts about the Vioxx cases:

Anyway, the point of this post is that this verdict represents a very dangerous assault on individual choice.  Recognize that there are many, many activities in life where individuals are presented with the following choice:

If I choose to do X, my life will be improved in some way but I may statiscally increase my chance of an early death.

You
may react at first to say that "I would never risk death to improve my
life", but likely you make this choice every day.  For example, if you
drive a car, you are certainly increasing your chance of early death
via a auto accident, but you accept this risk because driving allows
you to get so much more done in your life (vs. walking).  If you ride a
bike, swim, snow ski, roller blade, etc. you are making this choice.
Heck, everyone on the California coast is playing Russian Roulette with
an earthquake in exchange for a great climate, beautiful scenery, and
plentiful jobs.

The vast majority of drugs and medical therapies carry this same
value proposition:  A drug will likely improve or extend your life in
some way but carries a statistical chance of inducing a side effect
that is worse than the original problem, up to and including death.
The problem is that we have structured a liability system in this
country such that the few people who evince the side effects can claim
more money in damages than the drug was worth to all the people it
helped.  For example, if a drug helps 999 people, but kills the
thousandth, and that thousandth person's family is awarded $253 million
in damages (as in this case), the drug is never going to be put on the
market again.  Even if the next 1000 people sign a paper saying we are
willing to take the one-in-a-thousand risk to relieve the pain that is
ruining our lives, they still are not going to get the drug because the
drug companies know that some Oprah-loving jury will buy the argument
that they did not understand the risk they were taking and award the
next death another quarter of a billion dollars....

By the way, have you noticed the odd irony here?  Robert Ernst (the
gentleman who died in the Vioxx case) is assumed, both by the FDA and
the litigation system, to be unable to make informed decisions about
risk and his own health.  But a jury of 12 random people who never
experienced his pain can make such decisions for him?  And us?

Alex Tabarrok at Marginal Revolution said it even more succinctly:

How did we arrive at a system in which 12 random Texans are assigned
responsibility for evaluating the scientific merits of statistical evidence of
this type, weighing the costs and benefits, and potentially
sending a productive blue-chip American company into bankruptcy protection?

Prior to the election, folks on the left were pushing the idea that US wages had been stagnating.  Often this argument was a subset of a zero-sum class warfare rant, complaining that though the economy has grown, the "rich" have taken all the gains.

There were always two problems with the hypothesis that real wages were stagnating:

1. "Wages" are only a part of total compensation.  In fact, I don't think anyone denies that real compensation (wages plus benefits) has been growing, and it would not surprise me that non-wage compensation, like health care, has grown much faster than wages.  A discussion about only one component of total compensation is nearly irrelevant.
2. Even if the average is stagnating, that does not mean that the wages for individuals is stagnating.  What is actually going on is that everyone's real wages are improving, but new low-skill low-wage immigrants and teenagers move in behind them and bring the average down.  If you showed real wages for people who were in the work force in 1980 without any entrants after that, average wages would be way up.  The average is less important, from a general well-being standpoint, than what is happening to individuals.

The New York Sun (Hat tip: Most all the libertarian blogosphere) that also takes on these issues.  The author makes the further distinction between individual and family income, and argues you also need to correct for changing family sizes.

The American family has
shrunk due to changes in society, such as more divorces, longer
life-expectancy for women, and fewer children. So family income in 2004
cannot correctly be compared to family income in 1964 "” today's family
income is spread around fewer people.

Adjusting for decreasing family size, real median family income is
13% higher than in 1994, 22% higher than in 1984, 37% higher than in
1974, and 88% higher than in 1964. That's a significant increase.

Conservative pundits often observe that "this is a new type of war -- shouldn't the president have new powers to fight it?"  Well, maybe.  But I think there is a question that is at least as valid:  "Given that enemy combatants don't wear uniforms any more, shouldn't we exercise more care than in the past in how we designate people as combatants?"  The much greater ambiguity in naming combatants would seem to demand extra layers of process protection and appeal rights for such persons.

Unfortunately, this Administration, with the aid and comfort of the US Congress, has gone exactly in the opposite direction.  As Jim Bovard writes, via Cato-at-Liberty:

The MCA awarded Bush the power to label anyone on earth an enemy
combatant and lock then up in perpetuity, nullifying the habeas corpus
provision of the Constitution and "turning back the clock 800 years,"
as Sen. Arlen Specter (R-PA) said. While only foreigners can be tried
before military tribunals, Americans accused of being enemy combatants
can be detained indefinitely without charges and without appeal. Even
though the Pentagon has effectively admitted that many of the people
detained at Guantanamo were wrongfully seized and held, the MCA
presumes that the president of the United States is both omniscient and
always fair.

Sixty years ago, when the military hauled in a guy dressed in a gray Wermacht uniform captured in the Ardennes Forest, you kindof gave them the benefit of the doubt that he was an enemy combatant.  How long until merely exercising free speech rights in favor of a terrorist group gets one labeled a "combatant."

It looks like my local and state governments are gearing up to take money from my business and give it to US Airways.  Because, you see, politicians don't have problems in elections if they lose a few anonymous small businesses, but they do feel vulnerable if their city loses a major corporate headquarters:

Metropolitan Phoenix has not faced losing such a significant hometown
company since America West Airlines went bankrupt in 1991.

"The decision will be driven by what's in the best interest of
the stakeholders, which includes the creditors, the shareholders and
our employees," said C.A. Howlett, US Airways' senior vice president of
public affairs.

Tempe may have the hometown advantage, but Atlanta will no doubt vigorously and publicly fight to capture the headquarters....

Valley lawmakers, business leaders and economic development officials,
who have been largely silent in public, are having informal, quiet
discussions with the airline. They say they want to keep the
headquarters local but disagree about how to accomplish that goal and
when to move forward with a plan.

"I don't think we're at a phase where we should be panicking," said
Darcy Renfro, Gov. Janet Napolitano's policy adviser on higher
education and economic development. "The governor is very engaged.
We've jumped on this as soon as we could to make sure that we are
ready."

Even as Napolitano and Phoenix Mayor Phil Gordon plan to meet with US
Airways CEO Doug Parker, possibly this week, some maintain it is too
early to devise a strategy.

Just great.  If they don't want to stay, let them go.  They can have Atlanta.  I have lived both places and wouldn't move from Arizona to Atlanta for any reason.  By the way, the Arizona politicians are downright subdued in their response vs. this craziness from Atlanta:

Atlanta Mayor Shirley Franklin opposes the merger and recently blasted US Airways' customer service in a column in the Atlanta Journal-Constitution.

What theory of government could possibly make it Ms. Franklin's job to opine about the relative merits of various private company's products in her official capacity as mayor?  Why does the Atlanta city government need to have an official position on a merger of two private companies?  The last time I remember public authorities vociferously opposing a merger, it was the Pennsylvania government trying to stop (successfully, in the end) the buyout of local company Amp by AlliedSignal.  And what did this achieve?  It allowed Amp to be bought by Tyco, which has been rocked by scandal.  Pennsylvania stockholders who ended up with Tyco rather than AlliedSignal (now Honeywell) stock were much worse off several years later, as were Amp employees who traded AlliedSignal for Tyco as their boss.

One of the reasons I like Arizona is that we actually have a pretty strong libertarian streak here, going back to Barry Goldwater and extending today with Congressman Jeff Flake.  So I must admit that this made me feel better, and is something you would hear from a politician in very few states:

"We would like to have that company here, but it will not make or break
Arizona. We have companies that are moving all the time," said Barrett
Marson, director of communications for the Arizona House of
Representatives. "We're growing by leaps and bounds. Arizona does not
have many headquarters, but it does just fine, thank you very much."

I have written about government subsidies of corporate relocations here and here, among many other places.

First, on the good side, I thought this linkage was fine on the product page for my novel BMOC:

But this one made me laugh out loud:

Fart pen?  That's what I get for appealing to libertarians, I guess.  The tie with Glenn Reynolds is cool though.

By the way, you can buy a pdf of BMOC for $3.46* here.

* Don't ask why $3.46.  I don't know either.

Mickey Kaus says:

And I was excited about Windows XP,
because I thought its sturdier code would stop it from crashing. I was
wrong, at least for the early version of XP that I bought. Now I can't see a thing Vista's going to do for me that seems worth braving the inevitable Microsoft early teething problems.... Needless
to say, if everyone has this attitude Vista (and the need to buy new
computers powerful enough to run Vista, etc.) won't provide much of a
boost to the economy

Does upgrading an operating system just to fix bugs and flaws in the old version ever really "boost the economy?"  I mean, isn't that the broken Windows fallacy?

[sorry, I couldn't resist.  You don't get many chances at an economics joke]

A lot of bad legislation has been passed to protect consumers from the "scourge" of monopoly.  The most common fear is that some company will lock up the market and then start raising prices.  This never happens in real life, because entry in most markets is far easier than most people imagine, particularly in modern America where there are so many accumulations of capital looking for a way to be spent.  In fact, the only time such price-gouging monopolies are ever sustainable is when they are backed by the coercive power of government.

The milk market, for decades one of the most egregious examples of government price-fixing for the benefit of producers over consumers, provides us with a perfect example of this phenomena:  A cartel charging too high of prices that is taken on by a maverick price-cutting outsider, who was on a path to success until the feds slapped him down.

In the summer of 2003, shoppers in Southern California began getting a break on the price of milk.

A
maverick dairyman named Hein Hettinga started bottling his own milk and
selling it for as much as 20 cents a gallon less than the competition,
exercising his right to work outside the rigid system that has
controlled U.S. milk production for almost 70 years. Soon the effects
were rippling through the state, helping to hold down retail prices at
supermarkets and warehouse stores.

That was when a coalition of giant milk companies and dairies, along
with their congressional allies, decided to crush Hettinga's
initiative. For three years, the milk lobby spent millions of dollars
on lobbying and campaign contributions and made deals with lawmakers,
including incoming Senate Majority Leader Harry M. Reid (D-Nev.).

Last
March, Congress passed a law reshaping the Western milk market and
essentially ending Hettinga's experiment -- all without a single
congressional hearing.

The most hilarious (or disgusting, depending on my mood) part is listening to the statements of other milk producers complaining about the new competition and price-cutting, something the rest of us in business face as a matter of routine, but from which the privileged few in the dairy business are shielded:

Hettinga's operation was "damaging to the marketplace," said Elvin
Hollon, director of economic analysis for Dairy Farmers of America.
"Nobody ever envisioned there would be such large handlers" outside the
pool.

"So," Hollon said, "the regulations had to change."

and this:

In an interview later, Nunes called the milk legislation a victory for
"every dairy farmer in America except those who were gaming the
system." He added, "People out there were making millions of dollars a
year off the backs of America's dairy farmers . . . that was a wrong
that was finally righted.

That last paragraph is so brazen you may not even get it ... he is referring to competitors that are charging lower prices.  They are "making millions of dollars off the backs of America's dairy farmers" the same way the Honda Civic made millions of dollars off the back of the Yugo.  Under the new law passed by the dairy industry's cronies, Hettinga can still operate like he has been, as long as he pays $400,000 each year to his competitors to make up for the fact that he is out-competing them.

I will say I probably would like this guy -- he is able to look on the bright side:

"I still think this is a great country," Hettinga said. "In Mexico, they would have just shot me."

Yeah, we're much better here.  The government only rapes rather than kills you.

The 2006 Weblog Awards continue -- this year we are in the blogs ranked 1751-2500.  Please cast your vote for Coyote Blog here.  Remember that you can vote once per day! 

We have a federal system in this country, so Louisianans are welcome, I guess, to run their state any way they please.  However, in light of recent events, I propose that the US Government stop sending any of our federal tax money to the state.  Maybe we could send the money instead to a country with a better government that is more likely not to use it corruptly, like maybe Haiti.

All of this is in light of recent events.  I guess most will consider the 1991 gubernatorial election between a convicted felon and a Klansman old history (the felon won).  More recently I think anyone who isn't just looking to blame every problem in the world on GWB would come to the conclusion that local Louisiana government had more to do with the worst aspects of Katrina (both before, in the corrupt levee districts and after, in the pathetic disaster response) than any other public entity.  The final straw comes today as the Congressman who was found with $90,000 in bribe money in Tupperware in his freezer (and god knows whatever he carried off with the aid of the National Guard during Katrina) was apparently reelected. 

Maybe we can find a better investment than sending our money to Louisiana.  Anyone have any Enron stock for sale?

This is an offer to other bloggers out there.  I still have some marketing budget left, and would be happy to send out a few more free review copies of my book BMOC.  Just email me at Coyote -at- CoyoteBlog -dot- com with your name and address and the web address of the blog you write for and I will send you a copy.  I reserve the right to cut the list off if it gets too expensive long.  I would especially love to hear from bloggers who have supported this site from the early days.

All I ask is that you actually think you might read the thing if you ask for one.  I don't require that you write about the book as a pre-condition.  You will write about it or not just like you have linked this site -- if there is something worth talking about, I am sure you will do so.  If not, well I'm a live-and-let-live libertarian, so that's cool too.

By the way, I am going to serialize the first several chapters on the blog in the coming days and weeks, so everyone can get a taste.

Kevin Drum opines:

What happens when you combine "fast track" procurement, minimal
oversight, pork-based contracting, and a comprehensive lack of
responsibility for results? Well, you get the Bush administration, of
course. More specifically, you get the Coast Guard's disastrous
Deepwater program. Nadezhda runs through the grim details.

This is perhaps the single greatest fallacy that props up big government.  Specifically, the notion that corruption, inefficiency, and stupidity are failures in government related to certain individuals.  The implication is that if only "our party" was in control, big government would be great.  Except that both parties have had their chances in alternating fashion for 70 years (what I would call the era of really big government) and government has been a mess regardless of who has been in control. 

People like Hayek and Friedman have written who books about it, so I want try to elucidate the whole theory, except to summarize that the nature of incentives in government, particularly the big sacrifice-one-group-for-another government we have today, will ALWAYS lead to massive failures.  Period.

I wrote over a year ago that statism always comes back to bite its creators, because no matter how beautiful the machinery of government control, you can never control for the human beings who get behind the levers.  At that time I pointed to three fallacies, of which the third is particularly relevant to this post:

• You don't have the right to make decisions for other people.
  Period.  No matter how high-minded and idealistic you want to portray
  it, at the end of the day you are proposing to use force to coerce
  another man into doing your will.  You may stop them from using force
  or fraud against others, but an adult may make decisions for
  themselves, even if they are bad.  I am reminded of a great line from
  the HBO show Deadwood, "Can you let me go to hell the way I want to?"

• You can't make better decisions for other people, even if you
  are smarter, because every person has different wants, needs, values,
  etc., and thus make trade-offs differently.  Tedy Bruschi of the
  Patriots is willing to take post-stroke risks by playing pro football again I would never take, but that doesn't mean its a incorrect decision for him.

• Technocratic idealists ALWAYS lose control of the game.  It may
  feel good at first when the trains start running on time, but the
  technocrats are soon swept away by the thugs, and the patina of
  idealism is swept away, and only fascism is left.  Interestingly, the
  technocrats always cry "our only mistake was letting those other guys
  take control".  No, the mistake was accepting the right to use force on
  another man.  Everything after that was inevitable.

Steven Milloy, author of the indispensable Junkscience.com, points out that Harvard's Ascherio and WIllet, authors of the study on which NYC's transfat ban was based, have also identified dangers of a similar magnitude and with similar statistical significance (the latter admittedly low, but it was low for their transfat conclusions as well) of:

• Sunflower oil
• Red meat
• Dairy products
• Soft drinks

If NYC is consistent in its logic, then it must ban these other substances.  These substances showed the same level (or greater) of health risks at the same level of scientific proof by the same study authors. 

Now that the Board has deemed their dubious trans fats research
suitable for dictating public policy, New Yorkers ought to hope that
Ascherio and Willett don't press the Board to implement some of their
other published research that is similar in "quality" to their trans
fats work.

 

New Yorkers could, for example, see restaurants
banned from serving potatoes, peas, peanuts, beans, lentils, orange
juice and grapefruit juice. Ascherio-Willett reported an increase in
the risk of heart disease among consumers of these foods in the Annals of Internal Medicine
(June 2001). Although none of those slight correlations were
statistically meaningful -- and, in all probability, were simply
meaningless chance occurrences -- a similar shortcoming didn't seem to
matter to the Board when it came to their trans fats research.

What is the difference between "populism" and "fascism by the majority"?    I sure can't see any difference.

I love it when I see stuff like "take on the oil companies" or "take on the drug companies."  The oil companies make about an 8% profit in a good year.  Drug companies are a bit higher, but not that much.  Let's say the government runs their profit down to zero.  That would then yield everyone about a 6% discount at the pump (presumably gas taxes would not go down, thus the lower percentage) and an average 12%-ish discount on drugs.  Is it really the Democrat's intention to trash incentives in these critical industries for future long term investment (oil exploration in one, drug R&D in the other) so politicans can hand out a 6% discount to the voters? 

This is a pretty funny video a reader sent me called "state employees."  Pretty much the video version of a "blonde" joke I heard years ago.

During the last election, politicians and pundits made a lot of hay trying to argue that the labor market was somehow broken and not functioning like it always has.  First, the argument was that we were having a "jobless recovery."  Then, when employment took off, the argument was that wages were somehow broken and trailing productivity.  Whether this was a secret plot by GWB or by Wal-Mart was never quite made clear.

Well, it turns out that the job market works like it always has.  In a cyclical economic recovery, employment and productivity gains always precede wage gains.  Wages tend to go up late in the cycle, after excess available labor is soaked up:

After four years in which pay failed to keep pace with price
increases, wages for most American workers have begun rising
significantly faster than inflation.

With energy prices
now sharply lower than a few months ago and the improving job market
forcing employers to offer higher raises, the buying power of American
workers is now rising at the fastest rate since the economic boom of
the late 1990s.

The average hourly wage for workers below
management level "” everyone from school bus drivers to stockbrokers "”
rose 2.8 percent from October 2005 to October of this year, after being
adjusted for inflation, according to the Bureau of Labor Statistics. Only a year ago, it was falling by 1.5 percent.

I am not one to really accept the "active bias in media" argument (I believe in a more passive bias based on reporters failing to apply skepticism to stories that fit their view of the world).  However, the bias crowd predicted that reported economic news would suddenly improve after the election and that certainly seems to be the case.

One final note - be careful of folks who are claiming that wages have not kept up with inflation for years.  Make sure they are using "total compensation, including benefits" and not just "wages."  The former number has consistently outpaced inflation.  These numbers diverge because the portion of compensation paid out in non-cash benefits has been growing as a percent of total compensation.

Richard Paey lost his appeal, and so will likely spend the next 25 years in jail for self-medicating pain relievers.  All parties, both prosecution and defense, agreed the painkillers were solely for his use and no drug distribution was involved.  Of course, its for his own good.... somehow or other.

For most of this country's history, prison was for people being punished for hurting others.  Their incarceration protected the rest of society from them.  Today, though, we are increasingly filling the prisons with people whose actions affected only themselves.  In particular, thousands languish in jail for petty drug possession charges, crimes that if they hurt anyone, hurt only themselves.  (Drug war proponents argue that few go to jail for marijuana use.  Sortof.  Actually, only a small percentage of marijuana possession arrests go to jail,  but there are three quarters of a million marijuana arrests every year.  A small percentage of a big number is still a big number)

I am reminded of the old George Carlin joke "do you know the worst thing that can happen to a kid that smokes marijuana?  He can go to jail!"  I find this wholly parallel to Mr. Paey's situation.  The Florida legislature thinks Mr. Paey is ruining his life by using too many painkillers for his, uh, pain.  So their solution is to .. ruin his life even worse, by throwing him in the prison for the rest of his useful life.  Good plan.  Next up: lobotomies for people who still insist on smoking.

This is one of those tough cases made to make judges look bad.  The Florida legislature bent over backwards to make sure that judges had absolutely no discretion in reducing the sentences of people like Mr. Paey.  And the judges acknowledged they were beaten, and would have to let Mr. Paey's sentence stand.  Where are those activist judges when you need them?  Well, there was one in the dissent:

With no competent proof that [Paey] intended to do anything other
than put the drugs into his own body for relief from his persistent and
excruciating pain, the State chose to prosecute him and treat him as a
trafficker in illegal drugs. Instead of recognizing the real problem
and the real behaviors that led to his real crimes and holding him
appropriately accountable, the State decided to bring out the artillery
designed to bring down the drug cartels....

The sentence in this
case for a lone act"”the mere possession of unlawfully obtained medicine
for personal use"”is illogical, absurd, unjust, and unconstitutional...

I
suggest that it is cruel for a man with an undisputed medical need for
a substantial amount of daily medication management to go to prison for
twenty-five years for using self-help means to obtain and amply supply
himself with the medicine he needed. I suggest it is cruel for
government to treat a man whose motivation to offend sprang from urgent
medical problems the same as it would treat a drug smuggler motivated
to obtain personal wealth and power at the expense of the misery
his enterprise brings to others. I suggest that it is unusual,
illogical, and unjust that Mr. Paey could conceivably go to prison for
a longer stretch for peacefully but unlawfully  purchasing 100
oxycodone pills from a pharmacist than had he robbed the pharmacist at
knife point, stolen fifty oxycodone pills which he intended to sell to
children waiting outside, and then stabbed the pharmacist.

Update:  Radley Balko has more stories about ridiculous drug sentencing.  He also has comments on Paey's case:

I'd add only a few of things to Jacob's post
on Richard Paey's horrible story below.  First, Paey's 25-year sentence
stems from two troubling decisions on the part of the prosecutor.
Prosecutor McCabe threw the book at Paey because,  (1) he refused to
admit he's an addict (and he wasn't, any more than a diabetic is
"addicted" to insulin), and (2) because he'd done nothing wrong, he insisted on his constitutional right to a jury trial.  The latter is an absurdity that often creeps up in a modern criminal justice system so rife with plea bargaining.  Charge stacking"and overcharging, combined with the possibility that you could even get extra time even for the charges you're acquitted of, mean that insisting on exercising your right to a trial is usually going to cost you. 

Second, as I noted a few months ago,
when police apprehended this paraplegic, frail man -- along with his
wife and two kids -- they brought the SWAT team in full paramilitary
gear. 

And third, why after Paey talked with New York Times columnist John Tierney
did prison officials moved him to a higher-security prison, several
hours from his family?  Paey says it's because a guard complained
about  what he said to Tierney, and was punished.  If that isn't true,
it'd be interesting to hear the official explanation for
suspiciously-time decision to move Paey to a higher-security facility.

I saw this site described as the YouTube for Data.  It will be interesting over time to see if the data sets uploaded to this site are trustworthy, but its a cool idea.  I tried my hand at uploading some data.  I am not sure why the graph is showing those spikes - they don't exist in the data.

Update: I figured out my mistake and my better chart is here.