Coyote Blog

I guess it's become de riguer to take a shot at Joseph Rago's editorial in the WSJ the other day, saying in part:

Some critics reproach the blogs
for the coarsening and increasing volatility of political life. Blogs,
they say, tend to disinhibit. Maybe so. But politics weren't much
rarefied when Andrew Jackson was president, either. The larger problem
with blogs, it seems to me, is quality. Most of them are pretty awful.
Many, even some with large followings, are downright appalling.

Every conceivable belief is on the
scene, but the collective prose, by and large, is homogeneous: A tone
of careless informality prevails; posts oscillate between the uselessly
brief and the uselessly logorrheic; complexity and complication are
eschewed; the humor is cringe-making, with irony present only in its
conspicuous absence; arguments are solipsistic; writers traffic more in
pronouncement than persuasion . . .

I haven't really posted on this editorial any more than I have posted on the commercials I hear every day for FM radio telling me how bad satellite radio is, and how much I should enjoy hearing 15 minutes of commercials an hour rather than paying $30 a month in fees.  There is a consistent human behavior which tends not just to be threatened but to be outraged by upstart competitors.  Remember this story on the milk cartel  -- entrenched interests are flabbergasted that anyone would even attempt to compete with them in a new way.  New competitors are not just bad and unworthy, they are portrayed as threatening all the good things that already exist.

Now that I am started, though, here are a few other random thoughts:

• It is inappropriate to compare single blogs to individual newspapers.  The WSJ has hundreds of reporters, while most blogs have one.  In making such a comparison, one is comparing a brain on one hand with a single brain cell on the other.  Blogs have much of their value as a network or swarm, in how the individual "cells" interact with each other and complement each other.  We might read one or two iterations of the daily fishwrap each day, but I read at least 30 blogs, all aggregated together for me in a convenient form by Google Reader.  And these thirty are augmented by links that I follow to as many as a hundred other blogs each week to learn more about individual issues.
• I don't particularly disagree with this statement:

The blogs are not as significant
as their self-endeared curators would like to think. Journalism
requires journalists, who are at least fitfully confronting the digital
age. The bloggers, for their part, produce minimal reportage. Instead,
they ride along with the MSM like remora fish on the bellies of sharks,
picking at the scraps.

Few bloggers would disagree with this view that we depend on the reporting of the MSM for a starting point of much of what we do.  However, I would probably argue that some of the scraps we are picking up are larger than Rago would concede.  By the way, if you leave out a few papers like the NY Times, I could make the same accusation against 99% of the papers in this country, arguing that they are riding on the backs of the wire services, only doing a small percentage of their own reporting.  What's the difference?

• One of the reasons there are so many scraps left for us blogger-remoras is that newspapers load up on people whose education and entire professional career is in writing and journalism, rather than in economics or business or law or science whatever they are writing about.  You can just see the institutional hubris in Rago's complaint quoted above about the quality of the prose and the humor, longing for real journalists who can use logorrheic and solipsistic in the same sentence (not to mention four commas, five semi-colons, one colon, and one set of ellipses).   So while newspapers load up on journalism and English majors who write lovely and witty prose, blogs are written by leading economists, legal practitioners and professors, successful business people, technology experts of every stripe, etc. etc.  No newspaper, for example, has even one tenth the economic firepower the combination of Cafe Hayek, Marginal Revolution, the Knowledge Problem, and the Mises Blog, among many others, bring to my desktop.  Ditto for Volokh / Scotusblog / Instapundit / Overlawyered / Tom Kirkendall on legal issues. [Update:  Oh, and a lot of those other bloggers are, uh, journalists]
• One of the mistakes newspaper-types make in comparing newspapers to blogs is that they compare the reality of blogs with the ideals of newspapers, particularly on things like sourcing and fact-checking.  However, it's becoming clear that this comparison is increasingly unfair, because the reality of newspapers is diverging a fair amount from their ideals.  Of course, we all tend to fall short of our ideals.  But what is worrying about newspapers is that those who purport to be gaurdians and watchdogs of these ideals are increasingly becoming appologists for their violation.  How many times are we going to hear the "fake but accurate" response to blogger accusations of problems in MSM sourcing?
• I will concede that the Mr. Rago's employer the WSJ is one of the few newspapers that really understand how they create value, or at least are consistent in their value story and their pricing policy.  If, as Rago and others argue, it is the reportage that is of value and editorializing is just the remora, then shouldn't it be the reporting behind the firewall and the editorials out front?  This is how the WSJ does it, but for some odd reason the NY Times does it just the opposite:  They let everyone have access for free to the output of their uniquely large and talented reporter pool, but put the confused economic rantings of Paul Krugman and Maureen Dowd behind a paid firewall.  Huh?

First, just as background, I can't get too worked up about a black professor named John Streamas at WSU calling a Young Republican a "White Shitbag."  As I have written many times before, speech shouldn't be banned in a public forum merely for being offensive  -- we don't have a right not to be offended, and even idiots can speak.  While I think that a number of observers are correct in saying that if the races of the protagonists were reversed, the reaction to the statement and the university penalties applied would have been much more severe, it really doesn't matter.  WSU might rightfully evaluate whether they would like its professors to be more eloquent in political discourse or better able to handle heated arguments with students with some self-restraint, but that is in the realm of employee evaluation and not punishment for speech.

That being said, this case does provide a useful insight into something many of us have suspected for years but few African-Americans have admitted:  Some blacks and black leaders would like to redefine "racism" as applying only to slights against blacks.  Professor Streamas comes right out and argues that blacks can't be guilty of racism:

Prof. Streamas "insists that he did not utter the phrase as an
expression of racism, in part, because he argues that a person of color
cannot be racist, by definition, because racism also defines a power
differential that is not usually present when a person or color is
speaking."

This is an asymmetrical definition of racism that I have long suspected is harbored by various folks on the left.  By the way, the "power differential" argument is just a distraction.  If he really believed this, it would mean that I could utter the foulest things about powerful men like John Conyers or Colin Powell with impunity from being called a racist, and I know he doesn't mean that.  What he means is that he wants to claim the title of victim all for himself, allowing for enormous restrictions on actions and speech of others vis a vis himself, while not in the least bit in any way restraining his own actions or speech.

This is a common theme nowadays, especially on campus:  Everyone seems to be looking for a way to say anything they want, while simultaneously silencing their critics.  You can't have it both ways.  Its much easier to let everyone speak.  Free speech should not partially be for your enemies, but especially be for your enemies.

Our new puppy finally made it through the night without having to poop (or at least until 6AM, which is close enough).  The dog is small enough to be food for hawks and owls, so we have to take her out ourselves, and my sleep deprivation has been approaching levels not reached since my kids were babies.  I am new to dog ownership, so experienced owners probably could have short-cut this somehow, but I will observe that small dogs seem to have small brains, small bladders, and very short GI tracts.

Otherwise, we have been very happy with her.  She is the quietest small dog I have ever seen (she almost never barks) and she has a wonderful disposition.

[This is an update and a reprint of a post from 2004.  Lesson learned from last time I posted on this topic:  If you are going to send me hate mail, at least read the post carefully first]

The concept of a cultural celebration by African-Americans of themselves and their history is a good one.  The specific values celebrated in Kwanzaa, however, suck.  They are socialist -Marxist-collectivist-totalitarian crap.   Everyone seems to tiptoe around Kwanzaa feeling that they have to be respectful, I guess because they are fearful of being called a racist.  However, I find it terrible to see such a self-destructive set of values foisted on the African-American community.  These values are nearly perfectly constructed to keep blacks in poverty - just look at how well these
same values have played out in Africa.

First, understand that I have no problem with people of any ethnic group or race or whatever creating a holiday.  Life is worth celebrating, as often as possible, even if we have to make up new occasions. One of the great things about living in Arizona is getting to celebrate Cinco de Mayo.

Second, understand that Kwanzaa is not some ancient African ethno-cultural tradition.  Kwanzaa was made up in 1966 by Dr. Maulana Karenga.  Karenga was a radical Marxist in the 60's black power movement.  Later, Karenga served time in jail for torturing two women:

Deborah Jones ... said she and Gail Davis were whipped with an electrical cord and beaten with a karate baton after being ordered to remove their clothes. She testified that a hot soldering iron was placed in Miss Davis' mouth and placed against Miss Davis' face and that one of her own big toes was tightened in a vice. Karenga ... also put detergent and running hoses in their mouths, she said."

Interestingly, after this conviction as well incidents of schizophrenia in prison where "the psychiatrist observed that Karenga talked to his blanket and imaginary persons and believed that he had been attacked by dive-bombers," California State University at Long Beach saw fit to
make him head of their Black Studies Department.

Anyway,  I give credit to Karenga for wanting to create a holiday for African-Americans that paid homage to themselves and their history.  However, what Karenga created was a 7-day holiday built around 7 principles, which are basically a seven step plan to Marxism.  Instead of rejecting slavery entirely, Kwanzaa celebrates a transition from enslavement of blacks by whites to enslavement of blacks by blacks.  Here are the 7 values, right from the Kwanzaa site (with my comments in red itallics):

Umoja (Unity)
To strive for and maintain unity in the family, community, nation and race

On its surface, this is either a platitude, or, if serious, straight Marxism and thoroughly racist.  Think about who else in the 20th century talked about unity of race, and with what horrible results.

In practice, the notion of unity in the black movement has become sort of a law of Omerta -- no black is ever, ever supposed to publicly criticize another black.  Don't believe me?  Look at the flack Bill Cosby caught for calling out other blacks.

Kujichagulia (Self-Determination)
To define ourselves, name ourselves, create for ourselves and speak for ourselves

Generally cool with me -- can't get a libertarian to argue with this.  When this was first written in the 60's, it probably meant something more
revolutionary, like secession into a black state, but in today's context I think it is fine.

Ujima (Collective Work and Responsibility)
To
build and maintain our community together and make our brother's and
sister's problems our problems and to solve them together

Um, do I even need to comment?  This is Marxism, pure and simple.

Ujamaa (Cooperative Economics)
To build and maintain our own stores, shops and other businesses and to profit from them together.

OK, I said the last one was Marxism.  This one is really, really Marxism. 

Nia (Purpose)
To
make our collective vocation the building and developing of our
community in order to restore our people to their traditional greatness.

There's that collectivism again

Kuumba (Creativity)
To
do always as much as we can, in the way we can, in order to leave our
community more beautiful and beneficial than we inherited it.

I guess I don't have much problem with creativity and make things better.  My sense though that if I was to listen to the teaching on this one in depth, we would get collectivism again.

Imani (Faith)
To
believe with all our heart in our people, our parents, our teachers,
our leaders and the righteousness and victory of our struggle.

What about in ourselves as individuals?  Through all of this, where is the individual, either individual responsibility or achievement?  It is interesting that a holiday that
was invented specifically to be anti-religious would put "faith" in as a value.  In fact, Karenga despised the belief in God as paying homage to "spooks who threaten us if we don't worship them and demand we turn
over our destiny and daily lives."

However, this is in fact very consistent with the teachings of most statists and totalitarians.  They tend to reject going on bended knee to some god, and then turn right around and demand that men go on bended knee to ... them, or other men.  This is in fact what this "faith" was about for Karenga - he is a statist laying the foundation for obedience to the totalitarian state.  He wants blacks to turn over their destiny and daily lives to their leaders, not to god.

So, in conclusion, Kwanzaa was designed as a celebration of creating a totalitarian collectivist Marxist racist state among African-Americans.  I may well get comments and emails that say "oh,
thats not how we celebrate it" and I will say fine - but Marxism is the core DNA of the holiday, a holiday created by a man who thought Lenin and the Black Panthers were all wimps.

Never wishing to criticize without suggestion a solution, here are alternate values I might suggest:

Freedom
-Every individual is his own master.  We will never accept any other master again from any race (even our own).  We will speak out against injustices and inequalities so our children can be free as well.

Self-Reliance - Each individual will take responsibility for their life and the lives of their family

Pride - We will be proud of our race and heritage.  We will learn about our past and about slavery in particular, so we will never again repeat it.

Entrepreneurship - We will work through free exchange with others to make our lives better and to improve the lives of our children

Education - We will dedicate ourselves and our time to education of our children, both in their knowledge and their ethics

Charity - We will help others in our country and our community through difficult times

Thankfulness - Every African-American should wake up each morning and say "I give thanks that my ancestors suffered the horrors of the slavery passage, suffered the indignity and humiliation of slavery, and suffered the poverty and injustices of the
post-war South so that I, today, can be here, in this country, infinitely more free, healthier, safer and better off financially than I would have been in Africa."

By the way, if you doubt that last part, note that in the late 90's, median per capita income of African Americans was about $25,000, while the per capita income of Africans back in the "old country" was around $700, or about 35x less.  Note further this comparison of freedom between the US and various African nations.  Finally, just read the news about the Congo or Rwanda or the Sudan.

Update:  Even years later, commenters insist on misinterpreting this last point as some sort of justification for slavery.  I am not sure how one can come to this conclusion in an article that drips with disdain for slavery, but folks will find what they want to find.  My mistake perhaps was to presume to speak for African Americans.  It is very possible that the enslavement of their ancestors and the legacy of racist crap that still exists in this country is not balanced by the prosperity blacks now enjoy in America vs. Africa.  So I will merely speak for myself and say the rest of us are immeasurably better off for having you here.

I was thrilled to see that two of my top 5 most wanted DVD releases are finally coming out - by March 6 according to Amazon.

• Hawaii 5-0:  The greatest TV crime drama ever. 
• Captain Horatio Hornblower:  I know that the current generation doesn't think there was ever a good adventure movie that did not involved Industrial Light and Magic, but this Gregory Peck movie is an absolute classic.

I was a little worried that both had the identical release date.  I am hoping that this is not just the default date in the Amazon system when the release date is uncertain. 

[Note this post is a reprint from prior years]

This week is the anniversary of one of my favorite bits of Phoenix history.  Many people have seen the Steve McQueen movie "the Great Escape",
about a group of 60 or so prisoners who cleverly dug a tunnel out of a
German POW camp and escaped in various directions across Europe, many
of whom where eventually recaptured.

I don't know if such an event occurred in Europe, but an almost
identical real-life POW escape (tunnel and all) occurred right here in
Phoenix, Arizona almost exactly 60 years ago.

Like many isolated western towns in WWII, Phoenix played host to a
number of German POW's, in our case about 1700 in Papago Park.
Phoenix, and in particular Papago Park, with its arid climate and red rocks, must have been quite a culture shock to the Germans.

Anyway, I won't tell the whole story, but it is fascinating and you can read it all here.  A short excerpt:

The
German prisoners asked their guards for permission to create a
volleyball courtyard. Innocently obliging, the guards provided them
with digging tools. From that point on, two men were digging at all
times during night hours. A cart was rigged up to travel along tracks
to take the dirt out. The men stuffed the dirt in their pants pockets
which had holes in the bottoms, and they shuffled the dirt out along
the ground as they walked around. In addition, they flushed a huge
amount of dirt down the toilets. They labeled their escape route Der Faustball Tunnel (The Volleyball Tunnel).

They
dug a 178 foot tunnel with a diameter of 3 feet. The tunnel went 8 to
14 feet beneath the surface, under the two prison camp fences, a
drainage ditch and a road. The exit was near a power pole in a clump of
brush about 15 feet from the Cross Cut Canal. To disguise their plans,
the men built a square box, filled it with dirt and planted native
weeds in it for the lid to cover the exit. When the lid was on the
tunnel exit, the area looked like undisturbed desert.

There
is some dispute about how many people actually escaped -- official
records say 25.  Others argue that as many as 60 escaped, but since
only 25 were recaptured, 25 was used as the official number to cover up
the fact that German POW's might be roaming about Arizona.

The prisoners who led this escape were clearly daring and inventive,
but unfortunately in Arizona lore they are better known for their one
mistake.  Coming from wet Northern European climes, the prisoners
assumed that the "rivers" marked on their map would actually have
flowing water in them.  Their map showed what looked like the very
substantial Salt River flowing down to the Colorado River and eventual
escape in Mexico.  Unfortunately, the Salt River most of the year (at
least in the Phoenix area) is pretty much a really wide flat body of dirt.  The German expressions as they carried their stolen canoes up to its banks must have been priceless.

It
never occurred to the Germans that in dry Arizona a blue line marked
"river" on a map might be filled with water only occasionally. The
three men with the canoe were disappointed to find the Salt River bed
merely a mud bog from recent rains. Not to be discouraged, they carried
their canoe pieces twenty miles to the confluence with the Gila river,
only to find a series of large puddles. They sat on the river bank, put
their heads in their hands and cried out their frustration.

We
probably shouldn't make too much fun of these hapless U-boaters, living
in a land so far out of their experience:  Apparently the prison guards
made Sargent Schultz look like Sherlock Holmes:

Although
the men left in the wee hours of Christmas Eve, the camp officials were
blissfully unaware of anything amiss until the escapees began to show
up that evening. The first to return was an enlisted man, Herbert
Fuchs, who decided he had been cold, wet and hungry long enough by
Christmas Eve evening. Thinking about his dry, warm bed and hot meal
that the men in the prison camp were enjoying, he decided his attempt
at freedom had come to an end. The 22-year old U-boat crewman hitched a
ride on East Van Buren Street and asked the driver to take him to the
sheriff's office where he surrendered. Much to the surprise of the
officers at the camp, the sheriff called and told them he had a
prisoner who wanted to return to camp.

One
of the last to be re-captured was U-boat Commander Jürgen Wattenberg,
the leader of the breakout.  Interestingly, Captain Wattenberg hid out
in the hills just a few hundred yards from my current home.

Via Instapundit, Mark Tapscott reports that Nancy Pelosi is cooking up a lobbying "reform" bill that  will be to lobbying what McCain-Feingold was to elections:  A figleaf labelled "reform" behind which politicians can hide while in effect making it more difficult for ordinary citizens to exercise their free speech.

Incoming House Speaker Nancy Pelosi has cooked up with Public
Citizen's Joan Claybrook a "lobbying reform" that actually protects
rich special interests and activists millionaires while clamping new
shackles on citizens' First Amendment rights to petition Congress and
speak their minds....

That
is bad news for the First Amendment and for preserving the kind of
healthy, open debate that is essential to holding politicians,
bureaucrats and special interests to account for their conduct of the
public business.

The key provision of the 2006 bill was its
redefinition of grassroots lobbying to include small citizens groups
whose messages about Congress and public policy issues are directed
toward the general public, according to attorneys for the Free Speech
Coalition.

All informational and educational materials produced
by such groups would have to be registered and reported on a quarterly
basis. Failure to report would result in severe civil penalties (likely
followed soon by criminal penalties as well).

In addition, the
2006 bill created a new statutory category of First Amendment activity
to be regulated by Congress. Known as "grassroots lobbying firms,"
these groups would be required to register with Congress and be subject
to penalties whenever they are paid $50,000 or more to communicate with
the general public during any three-month period.

In other words,
for the first time in American history, potentially millions of
concerned citizens involved in grassroots lobbying and representing
viewpoints from across the entire political spectrum would have to
register with Congress in order to exercise their First Amendment
rights.

There is even more bad news here, though, because the
Pelosi-Claybrook proposal includes loopholes big enough to protect Big
Labor, Big Corporations and Big Nonprofits, as well as guys with Big
Wallets like George Soros. Big Government, you see, always takes care
of its big friends.

The Pelosi-Claybrook proposal builds on the
restrictions on free speech created by campaign finance reform measures
like McCain-Feingold that bar criticism of congressional incumbents for
30 days prior to a primary and 60 days before a general election.

It should be no surprise that Common Cause, whose main cause is to champion unlimited government power, is behind both bills.

New numbers for US vs. European CO2 growth have been making the rounds, based on a Wall Street Journal article today.  Jonathon Adler at Volokh has the key numbers for CO2 growth rates:

	U.S.	E.U.
1990-1995	6.4%	-2.2%
1995-2000	10.1%	2.2%
2000-2004	2.1%	4.5%

The Wall Street Journal tries to make the point that maybe the US somehow has a better approach to CO2 reduction.  Here is the reality:  Neither the US or the EU has done anything of substance to really reduce CO2 production, because at the end of the day no one can tolerate the political and economic costs associated with severe reduction using current technology.

But there is a story in these numbers.  That story goes back to the crafting of the Kyoto treaty, and  sheds an interesting light on what EU negotiators were really trying to achieve.

The Kyoto Treaty called for signatories to roll back CO2 emissions to 1990 levels.  Since Kyoto was signed in the late nineties, one was immediately led to wonder, why 1990?  Why not just freeze levels in place as they were currently?

The reason for the 1990 date was all about counting coup on the United States.  The date was selected by the European negotiators who dominated the treaty process specifically to minimize the burden on Europe and maximize the burden on the US.  Look at the numbers above.  The negotiators had the 1990-1995 numbers in hand when they crafted the treaty and had a good sense of what the 1995-2000 numbers would look like.  They knew that at that point in time, getting to 1990 levels for the EU was no work -- they were already there -- and that it would be a tremendous burden for the US.  Many holier-than-thou folks in this country have criticized the US for not signing Kyoto.  But look at what we were handed to sign - a document that at the point of signing put no burden on the EU, little burden on Japan, no burden on the developing world, and tremendous burden on the US.  We were handed a loaded gun and asked to shoot ourselves with it.  Long before Bush drew jeers for walking away from the treaty, the Senate voted 99-0 not to touch the thing until it was changed.

But shouldn't the European's get some credit for the 1990-1995 reduction?  Not really.  The reduction came from several fronts unrelated to actions to reduce CO2:

• The European and Japanese economies were absolutely on their backs, reducing economic growth which drives CO2 growth.  I have not looked up the numbers, but the 1990s are probably the time of the biggest negative differential for the European vs. US economy in my lifetime.
• The British were phasing out the use of carbon-heavy domestic coals for a variety of reasons unrelated to carbon dioxide production.
• German reunification had just occurred, so tons of outdated Soviet inefficient and polluting industrial plant had just entered the EU, and was expected to be shut down and modernized for economic reasons over the 1990's.  The negotiators went out of their way to make sure they picked a date when all this mess was in their base number, making it easier to hit their target.
• The 1990 also puts Russia in the base.  Since 1990, as the negotiators knew, the Russian economy had contracted significantly.
• At the same time the American economy was going gangbusters, causing great envy among Europeans.

Kyoto was carefully crafted to make America look like the bad guy.  The European's goal was to craft treaty responsibilities that would require no real effort in Europe, with most of the burden carried by the US.  But times change, and the game is catching up with them.

It would be tough for me to single out my single least favorite member of my alma mater Princeton's faculty.  However, Peter Singer would certainly be in the running.  TJIC fisks some of Singers recent writing in the NY Times.  I will leave you to read his thoughts, except I wanted to comment on this paragraph of Singer's:

"¦The rich must - or so some of us with less money like to assume -
suffer sleepless nights because of their ruthlessness in squeezing out
competitors, firing workers, shutting down plants or whatever else they
have to do to acquire their wealth"¦

I could probably write a book just from this quote, but let me just focus on two responses:

• It helps prove my long-time observation that politicians, artists, and academics of a socialist bent who frequently criticize business have absolutely no idea what they do day to day or how they make money or create value.  Most have been an artist/academic/politician since the day they left school, and if they have held a real job in the value-creation part of the world, it is seldom as any type of manager or supervisor.  Singer knows no more about wealth creation than I do about sub-atomic particles.  The amazing thing, though, is that the NY Times would never quote me on sub-atomic particles but frequently gives Singer a platform to hold forth about wealth creation.  Economics is a science too, just as much as physics.  As I said in that linked post:

Economics is a science.  Willful ignorance or emotional
rejection of the well-known precepts of this science is at least as bad
as a fundamentalist Christian's willful ignorance of evolution science
(for which the Left so often criticizes their opposition).  In
fact, economic ignorance is much worse, since most people can come to
perfectly valid conclusions about most public policy issues with a
flawed knowledge of the origin of the species but no one can with a
flawed understanding of economics.

• Read the statement, and really think about what he says, remembering that he really believes these exact words.  Forget about the squeezing out competitors part -- presumably we capitalists are just bashing each other so this is likely the least of his arguments (not to mention how many people Singer likely "squeezed out" in the competition for scarce tenure and professor positions at Princeton).  Think about his statement that the way wealth is created is by "firing workers" and "shutting down plants."  So the logical implication is that the corporation who ends up with no workers and not assets will be the richest?  And here all this time I have been stupidly growing my company by trying to hire more good people and add on productive assets. 

Singer is as qualified to write about business practices as I am to write about South East Asian mating rituals.  Each of us is equally experienced and knowlegeable about these topics.  Somehow, though, the NY Times sees fit to publish Singer and my beloved University pays him to teach.  Unbelievable.

Sean Lynch of Catallarchy is dead on with this:

The headline showing on Google News reads: "NJ's Move Toward Same-Sex Unions Called Undemocratic." My first thought upon reading that was, "Duh!"

It seems to me that civil rights are undemocratic by their very
definition, since they are rights that cannot be taken away, even by
the will of the majority, at least in theory. The whole reason our
Constitution even contains anything other than voting procedures is
that it was clear to the framers that if they left everything to the
will of the majority, they'd end up with an even worse tyranny than the
one they just threw off.

As much as some libertarians may complain, the fact that civil
rights today are in as good of a state as they are is a testament to
what a great job the framers did at making the USA an
"undemocratic" country. Heck, even the Second Amendment survives mostly
intact in most states. And the rate at which technology seems to be
empowering individuals seems to be outstripping the rate at which
democracy is attempting to take away our rights, even using that same
technology.

Terrific!  I shared similar thoughts but from a different angle when I wrote that "the right to vote" is the least of our freedoms.

I am not sure this even needs an introduction.  Comparisons to "1984" are invoked in political discourse almost as much as those to Nazi Germany, and most are overblown, but the George Orwell novel is all I can think of when I see this:

It may be almost 2007, but it feels more like "1984" at Michigan
State University. The university's Student Accountability in Community
Seminar (SAC) forces students whose speech or behavior is deemed
unacceptable to undergo ideological reeducation at their own expense.
The Foundation for Individual Rights in Education (FIRE) is challenging
Michigan State to dismantle this unconstitutional program, which
presents a profound threat to both freedom of speech and freedom of
conscience.

 

"Michigan State's SAC program is simply one of the most invasive
attempts at reeducation that FIRE has ever seen, yet it has been
allowed to exist at the university for years," FIRE President Greg
Lukianoff said. "As bad as it is to tell citizens in a free society
what they can't say, it is even worse to tell them what they must
say. Michigan State's program is an immoral and unconstitutional
program of compelled speech, blatant thought reform, and
pseudo-psychology."

 

According to the program's materials,
SAC is an "early intervention" for students who use such
"power-and-control tactics" as "male/white privilege" and
"obfuscation," which the university cryptically defines as "any action
of obscuring, concealing, or changing people's perceptions that result
in your advantage and/or another's disadvantage." Students can be
required to attend SAC if they demonstrate what a judicial
administrator arbitrarily deems aggressive behavior, past examples of
which have included slamming a door during an argument or playing a
practical joke. Students can also be required to attend SAC for
engaging in various types of constitutionally protected speech,
including "insulting instructors" or "making sexist, homophobic, or
racist remarks at a meeting." When participation in SAC is required,
"non-compliance typically results in a hold being placed on the
student's account," an action that leaves the student unable to
register for classes and thus effectively expelled from the university.
Students are required to pay the cost of the SAC sessions.

 

Once in the program, students are instructed to answer a series of
written questionnaires. In their answers, students must specifically
describe how they are taking "full responsibility" for their offensive
behavior and must do so using language that the director of the session
deems acceptable. Most students will be asked to fill out this
questionnaire multiple times, slowly inching closer to what
administrators deem to be "correct" responses.

PC indoctrination at our nation's universities is alive and well.  It just astounds me that a group of adults thought this was acceptable.

Thanks to Tom Kirkendall for the link to my light rail post.  For quite a while, he has been "railing" against Houston's light rail proposals (where I was born and raised).  By the way, he is right that Phoenix is even less amenable to a rail-based system than Houston.  Houston has low population density and its downtown area is small compared to metro-friendly cities like New York, making rail an iffy proposition.  But Phoenix is even less dense and its downtown is tiny compared even to Houston.

A previous post of Tom's also gives me data to feel even more confident about my proposed bet, which was this:

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.

Obviously we don't have Phoenix numbers yet, but he links an LA Times story with Los Angeles numbers:

Three light-rail lines have been added to L.A. county's transit system
in the last 20 years. Together, these cost $2.5 billion in capital
costs, they serve about 125,000 passengers per day and account for a
fiscal loss of approximately $252 million per year -- if one
acknowledges that capital costs are real, something that transit
operators and boosters often neglect.

Note that LA's system is actually a more desirable system from a rider standpoint than the one in Phoenix, since in some areas the trains avoid traffic lights, making them closer to heavy rail, and thus have a faster speed.  So lets run my bet against LA's numbers.  We don't really know what the core ridership numbers are.  Certainly its less than the 125,000.  And we don't know if an out in the morning and back at night commute counts in these numbers as one passenger or two (From here, it looks like 125,000 passengers making 2 trips each).

If the core ridership number is 125,000, the highest possible choice, then the total capital cost of the system per rider is $20,000 per rider.  This means I was right, that we could have instead bought ever rider a car for the same money.  Since the real ridership is probably less than that number, this means we could have bought ever rider a car and had money left over.  Concerned about the environment?  Then make every car a Prius, which the money would just about cover even without the volume purchasing discount they would likely get.

But what about gas?  Well, they say they have a $252 million per year operating loss.  This subsidy, which is above and beyond ticket sales, equates to $2,106 (!) per daily rider, even using the higher 125,000 figure.  At $2.50 per gallon, this equates to 15.5 gallons of gas per rider per week. 

So you can see with the LA numbers, even using the largest possible interpretation of their ridership numbers, the money used for the train could have instead bought every passenger a new car and filled the tank up with gas once a week for life.

Yes, I know, the argument is that the train reduces congestion.  Supposedly.  I have two responses:

• Rail has never reduced congestion in any city.  Go see London and Manhattan.  In fact, rail seems to encourage urban density that increases congestion. 
• In Phoenix, where rail will often replace existing lanes of roads, the train will likely carry fewer people than the lanes of traffic used to, so congestion will increase.

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.