Carnival of the Capitalists is Up

Find the link here at Social Twister.

ACME Featured Product XI

This series explained here. We get many of our featured products here.  You can find all of our past featured products here.

Our ACME product this week was chosen to help me walk all over Disney World chasing my two kids.

Triplef

PR and the Web

A comment I got on one of my posts on Friday got me to thinking about corporate PR departments and whether they are really keeping up with the web.  In this post I mentioned that I would be heading for Disney World for our traditional family reunion, but that growing crowds on Thanksgiving week would probably force us to try a different week next time.  I got a comment from someone who sounded like a Disney employee, recommending a better week.

Now, I don't know if they were an employee, or whether they found the post by accident or through an active search program.  But it got me to thinking.  Are corporate PR departments keeping up with the web?

Back when I worked for a large corporation, we had PR people, either in or out of house, who would provide us with weekly news summaries of where the corporation was in the press.  This was particularly helpful to those of us in marketing, who wanted to make sure we saw all the reviews of our product (so we could use the good ones and refute the bad ones).

In the world of the Internet, this approach seems hopelessly dated.  Every day employees may be talking about the company in a chat room, customers may be commenting on the company in some place like epinions.com, blogs may be posting on the company, and authorized or unauthorized vendors may have set up shop to sell the company's products online.

How does  a company keep up with all this?  If I was a large company, I would be actively searching the web for key words associated with my company, looking for new posts or entries or even whole websites.   Employees spilling secrets in a chat room?  Need to tell legal.  New web site selling our product? Send it to marketing to make sure they are authorized.  Blogs posting on us?  We might want to add our own comment to the post.

So I got to thinking - was that Disney that found my site?  If so, is this what they are doing to manage their online PR?  And if not, why aren't they doing it?  You wouldn't even have to build your own search engine - just take a full snapshot of the Google results one day and compare those results to a search the next week, and look for changes.

Or, why doesn't Google provide this service to corporate accounts itself?  They need something to justify their sky-high PE ratio, maybe this would help.  Wouldn't Exxon pay $50,000 a year for this service?  Heck I pay D&B several hundred dollars a year for a credit watch service on my credit rating, I would certainly pay some hundreds a year for a PR watch.

UPDATE #1

See comments below - the original commenter apparently not a Disney employee.  Never-the-less, the idea still excites me.  A company like Disney rests almost completely on its reputation - why isn't someone out on the web every day monitoring what is happening vis a vis their company?

New American Nomads

Every year, between November and January, tens of thousands of modern nomads descend on the lower Colorado River.Spread out from Yuma to Lake Havasu City, but with their center in the normally small town of Quartzite Arizona, RVers will join together for a month or two in the Arizona desert.  Barren fields alont Interstate 10, totally desolate and empty for 9 months of the year, suddenly become a huge encampment.

One of the little talked about trends within the larger story of the aging of America and the growing population of retired people is the substantial number of people who have given up the traditional notion of a fixed home and neighborhood and headed for the open road. While some still own a home, and travel for many months of the year, an increasing number have sold their home, bought an RV, and live on the road -- with absolutely no attachment to any fixed location. They may spend a day or several months in any one location, but most tend to drift north during the summer and back south for the winter.  These are not people who take their RV out on vacation -- these are people who live on the road 365 days a year.

For reasons of weather and tradition, while you can find RVers in the summer months in every state, in the winter months a large number will converge on Quartzite. Friendships will be renewed. Business will be transacted. Jobs for the summer months will be solicited. A thousand and one vendors will pitch a tent in the desert to sell their wares. These gatherings remind me of how the old western trading posts may have looked during the winter, surrounded by wintering Indians and trappers. The only difference today is that most of the nomads are Caucasian, and many of the trading posts, in the form of Casinos, are run by the Indians.

Some of these new nomads are able to completely retire and live off their savings. Others need to work to bring in a bit of cash, or at least to pay for a place to park and hook up their RV to utilities. In our business, we hire over 400 of these folks a year, usually working the summer months in exchange for a free site for the RV and some money for relaxing in the winter. RVers are generally comfortable with fairly modest pay, but they won't stand still for very long if they don't like the job or their boss or their co-workers. After all, they all have wheels on their houses and can leave with little notice.

As you might imagine, in this Federalist country we live in where most government services occur at the state level, this nomadic lifestyle can lead to confusion. If you spend the entire year traveling around the country, where is your voting precinct? Where do friends send you mail? How do you get bills? Where is your bank? In which state do you pay taxes? If you think you have trouble getting W-2's out to your employees, trying tracking down 400 nomads with no permanent address!

To a large extent, technology has helped solve a number of these problems over the last decade. Cell phones provide telephone service nearly everywhere in the country. DirecTV does the same for television. With a national ISP like EarthLink or AOL, email doesn't care where you RV is parked "“ it will get to you.

In addition, a whole cottage industry has arisen to serve the needs of full-time RVers. Despite advances in technology, most people still need an address for the mail to go, and the IRS still is kindof fussy about having a mailing address for folks. So, entrepreneurs, mainly in Texas and Florida, have created huge PO box operations to serve RVers, with flexible options for holding or forwarding mail. Full-time RVers, living 365 days in their vehicle, have demanded and gotten larger and more elaborate RV's from manufacturers, up to and including RV's built on bus frames. And, new, more elaborate and upscale RV parks are being built to accommodate the more affluent new RVers.

Other people, including, predictably, the government, have not caught up with this trend. For example, many RVers are living on retirement and social security payments. Most state revenue departments have laws in place that if you are a resident of that state for some number of days, then you have to pay income taxes on earnings, even retirement pay or investment earnings, in proportion to the time spent in the state. These laws are mainly put in place to snare some incremental taxes from wealthy athletes and traveling sales people, but they can can hurt RVers.

An RVer who is totally honest about the states they were a resident in during a year might end up having to fill out five, six, or more state income tax returns. No one wants to do that, especially for small sums, so very very few people observe these tax laws. In fact, that is why PO Box drops are in Texas and Florida, because neither have state income taxes. Their pension and investment and social security checks go to those states, and no one has to be any the wiser about what other states they may have parked their RV in for a while.

There are a number of places to get more information about full-time RVing. Web sites and magazines line the Roaming Times and Trailer Life cater to full-time RVers. Working RVers can find information about work camping jobs and camp hosting as well as the whole workamping lifestyle.  Finally, look for good places to camp at goRVing.com, at ReserveUSA, or of course at my company's directory of forest service campgrounds.

A Close Brush with Death

I won't bore you by being overly dramatic, but my family came within a hair of dying on US27 between Orlando and Ft. Meyers.  A car that had slowed to about 10 miles an hour in the left had turn lane changed their mind and pulled back, still going 10 miles an hour, into the main traffic lane.  Right in front of my car.  While I was going 60.  At night.  I jammed the breaks on my unfamiliar rent car and managed to slow just enough to have time to slide into the other lane, just ticking the back bumper.  Fortunately, there was no one in the right lane, because I was sure as hell going over there whether it was occupied or not. 

So we live, and I had the shakes for a while.  My daughter, who had already gone for the bad-traveler trifecta, barfing twice on the plane and once in the car, didn't even stir.  My son never really realized how close things were. Good.

Pretty sure my life did not pass before my eyes, and I didn't really reach any lifetime epiphanies or anything so dramatic.  Maybe I am just shallow, or maybe I am so optimistic I cannot in my heart accept the closeness of death.  Anyway, I had an unbelievably relaxed day today.  The one lasting effect of the near-mishap was that 4 or 5 things that were bothering me and stressing me a bit were quickly flushed down the mental drain as trivial.

So much for shortcuts.  Tomorrow, we take the longer way back to Orlando on the Interstate.

Headed for Florida

Headed for our once every two years (is biennial twice a year or once every two years?) family reunion at Disney World.  Years and years ago, when we first started this tradition, Disney World was deserted on Thanksgiving week - no one wanted to be away from their families.  Now, its a total zoo and about the busiest week of the year.  Though I am a sucker for tradition, I am going to petition the family for a date change before the next one.

Every time I go to Disney World, I think of this exchange from National Lampoon's Thats Not Funny, Thats Sick:

(fake) Mr. Rodgers: "would you like to go to the magic kingdon?"

Stoned-out Bassist (Bill Murray): "no thanks man ... I gotta drive." 

Slimy Mollusk Higher than a Crusty Crustacean?

Over the couple of months I have been blogging, I have been moving steadily up the TTLB Ecosystem.  Today, when I looked at the site, I thought that I had surely fallen a notch.  Yesterday I was a crusty crustacean, but today I am a slimy mollusc.  That felt like a drop, but, as it turns out, I actually moved up.  I guess squids are pretty cool, but my anti-mollusk bias probably comes from living in Seattle for a while and finding my patio covered in giant banana slugs.  Ugghh.

UPDATE:

Now I am a lowly insect.  This is progress?

More on Forwarding Hoax Emails

I wrote here about my frustration with friends and family credulously forwarding hoax or urban legend emails.  Here is a nice post at techno mom with similar advice.  This post has similar advice.

Maryland Doctors Strike (and the whiny reaction)

Maryland doctors are finally starting to shrug under the weight of the current tort system.  Apparently about 50 doctors have canceled elective procedures for a number of days to protest skyrocketing malpractice premiums.  (hat tip: Club for Growth)

What struck me is not necessarily the doctors' actions, which are representative of the state of mind of doctors across the country, but the whiny reaction:

"Actually what they`re doing is going against their doctor`s oath. The patient is more important than malpractice insurance and they have to realize that," said Washington County Hospital patient Brian Levasser.

Remember, these doctors have stopped doing elective surgeries.  So Mr. Levasser's penis enlargement or whatever will have to wait a few days.  He sounds just like Kip Chalmers on the train in Atlas Shrugged.

OK, here is something Mr. Levasser can try:  Go to work each day, work long hours, and do your absolute best in a critical profession.  Then, each day, just before you go home, roll three dice.  If the result is anything but 1-1-1, go home, have  a beer, and relax with your family.  However, on that unlucky day when you roll three ones, you lose everything - your job, your house, your savings, your reputation and your ability to work again in your chosen profession.  Note that you lose everything not because you did a bad job, but because something unlucky but inevitable happened (e.g. child born with a birth defect) and you were the one standing closest.  On the day after you rolled that 1-1-1 and lost everything, tell me malpractice insurance isn't important. 

Doctors used to be the people we looked up to and admired, the pillars of society; now, we treat them like galley slaves.  We keep you alive to serve this patient. So operate well and live.

(By the way, I am sympathetic to the first comment on the Club for Growth post.  Those of us in general business can sometimes get frustrated that doctors seem to be able to get attention on their frivolous suits where the rest of us cannot.  But I refuse the begrudge them that, and wish them well)

Two Faces of Islam

For years, a number of more conservative groups have been warning that the messages given by Islamic leaders and holy men in English for world consumption were far different than the messages given to their own people in Arabic.  And indeed, their translations of Arabic speech aimed at Muslims can be pretty scary.  Few Westerners believed or wanted to believe these warnings, preferring to hope that most arabs were like themselves, basically peaceful and supportive of democracy and plurality. 

For years, I was skeptical of these claims.  I felt like it would require extraordinary laziness and incompetance on the part of the media to just digest the English statements of Islamic leaders without ever checking out what they were saying in Arabic.  However, over the past couple of years, I have lost all faith in the work ethic, intelligence, and dilligence of the western media, and have come to believe that it would be enitrely possible for Arab leaders to manipulate Western media in this way.

For this reason, a part of this article (hat tip LGF) about German reactions to Musilm violence in the Netherlands is interesting to me.  It seems that, after the recent violence, the media finally had the idea to actually listen in on what some Islamic religeous leaders are saying in Arabic:

"These Germans, these atheists, these Europeans don't shave under their arms and their sweat collects under their hair with a revolting smell and they stink," said the preacher at the Mevlana Mosque in Berlin's Kreuzberg district, in the film made by Germany's ZDF public TV, adding: "Hell lives for the infidels! Down with all democracies and all democrats!"

Beyond the bizarre body hair reference, this is NOT what the media has been saying that Islam is teaching here in the west (I don't imply this represents the majority, but the media has essentially claimed it does not exist at all).

By the way, the proposed "solotions" strike me as nuts, and should also be enlightening to anyone in the US who looks up to Continental Europe as a counter-weight to percieved creeping fascism with the Bush Administration.  I may not be a fan of the Patriot Act, but nobody in the Bush administration, with far more provocation, has suggested anything as loony as making all religeous ceremonies English-only.

Sears and Kmart -- Two Drunks Propping Each Other Up

Back in Texas in the 1980's, a number of large tottering banks merged, in an attempt at survival.  The result was called two drunks propping each other up, and it seldom worked.  The classic example is the Pennsylvania-New York Central railroad merger which ended in one of the most catastrophic bankruptcies of all time, and the largest industry nationalization in US history.

It was exactly these precedents that occurred to me today when I heard that Sears and Kmart are merging.  Scrappleface apparently was thinking the same thing, but is much funnier than I am.

UPDATE:

Other good examples in the comments.  I fell over laughing at "the EU".

Sarin Gas in Fallujah?

See Updates Below -- Update #1: Sarin test kits, most probably. Update #2: MSM still waddling along, left in the dust by blogs

This is not a huge surprise, but it is still bad news.  Sarin find announced a few days ago confirmed in pictures, and it sure looks legit.  Memo to Republicans:  This is bad news.  Do not make the same mistake as Democrats in deciding what is good and bad news based on how it vindicates or hurts Bush.

Sarin

Larger version is picture #2 in USA Today Slideshow

Story courtesy of Powerline and Captains Quarters

Update #1

More information in the link above at Captains Quarters.  The betting line now is that these are Sarin test kits, rather than Sarin, which makes more sense anyway given how they were found.

It is amazing to me that USAToday and others could have this story now for days, and make less progress on what is really in this picture than amateur blog readers can in a couple hours in a comment thread.  Interesting.

UPDATE #2 (1AM EST Thursday): 

It has been well over 8 32 hours since readers at a number of sites, including Powerline and LGF, deconstructed this photo and concluded that these were Sarin test kits.  USAToday has still not changed their story or their caption.

Vaccine Regulatory Mess

Flu shot shortages, free market failure or regulatory/litigation mess.  You decide.

Week 10 Football Outsiders Rankings are Up!

Previously, I explained why I like Football Outsiders here. Their week 10 statistical rankings of teams is here.

Despite the win last week, our Arizona Cardinals have finally returned to their usual stomping grounds -- in the bottom 5 teams, along with Miami, Oakland and San Francisco.  Hard to argue about these teams being the worst.  Perhaps the biggest surprise is the team fifth from the bottom - Dallas.  Cowboy haters rejoice.  Parcel's record of second year improvement seems to be in serious trouble.  If the season ended today, San Francisco would set the record for the worst statistical performance since these guys started keeping the stats, beating the second worst team, the 2002 Cardinals and the third worst team, the 2003 Cardinals, but just shy of the 2002 performance of the expansion Texans.  (Gotta love our Cards).

The top three, unsurprisingly, are New England, Philly and Pittsburgh.  New England has taken the top spot, which is where I think they belong.  For a while, Philly's special teams rank was carrying them, but history in these rankings has shown that special teams ranks are very volatile and tend to regress to the mean.  Philly's soft defense may well spell another playoff disappointment for the Eagles.

Spanking Employees

Well, just when you think you have seen every way to screw up in a small business, there comes this story.

The owner of a shaved ice business was arrested after two employees claimed he spanked them for making mistakes at work.

And more...

One of the women told police that on her first day at the Tasty Flavors Sno Biz, Levengood made her sign a statement that said: "I give Gene permission to bust my behind any way he sees fit."

Hat tip to Jim Rome, as I first heard this on his radio show, and to the Mises Institute, of all places, where I found the link.  This story has been out and about for a while, but I wanted to give it a few days to make sure it was not a hoax.

To make this more bizarre, I did a Google search to see if anyone had called this out as a hoax, and found that there have been many similar stories in other places, including here and here.

Caveat on Social Security Reform

I had some links on Social Security reform here

One thing I forgot to mention -- No matter what we decide to do, please, please do not let the government invest social security funds in private equities.  I am all for giving individuals control of their social security funds and allowing these individuals to make their own investment choices.  But, allowing the government to invest in equities will lead to all sorts of problems:

  1. The most obvious is creeping socialism and regulation, particularly of companies that are not well-loved by the intelligentsia.  Mad at Dick Cheney?  Pass a law that the trust fund can't invest in Haliburton.  Don't like Dan Rather?  Pass a law that the trust fund can't invest in CBS.  You get the idea.  The mere threat of disowning the company's equity from the trust fund investments portfolio would force companies to kowtow to the populist notion of the moment.
  2. If you worry about private individuals manipulating the stock market, just wait until the government has the incentive to get in the game.  The government has all kinds of ways, from small (control of economics data) to large (interest rates and SEC regulations) to manipulate the market for short term gain. 

Marginal Revolution also has an interesting post on whether the historic equity premium would still exist if the government invested massively in equities.

VOIP Regulation

Good roundup over at the Knowlege Problem on regulation of Voice over IP (VOIP - basically telephone calls over broadband Internet). 

The Federal Communications Commission declared today that a type of Internet telephony service offered by Vonage Holdings Corp. called DigitalVoice is not subject to traditional state public utility regulation.

The Commission also stated that other types of IP-enabled services, such as those offered by cable companies, that have basic characteristics similar to DigitalVoice would also not be subject to traditional state public utility regulation.

This may be good news.  If it keeps regulation low and lets this new technology continue to innovate and find its way in the market, great.  If it is just two bullies snarling over who gets to take my lunch money, then its not-so-good news.

Carnival of the Vanities #113

COTV #113 is up Food Basics, yet another on the growing list of Arizona Blogs.  This site has its article on Meyer's Law featured.

Lileks and the Cabinet

I love this from James Lileks:

Yay Condi Rice. I want her to go to Saudi Arabia, and I want her first words upon getting off the plane to be "I'll drive." As for the Department of Education, I'd like to see an experiment: let the position go unfilled for four years and see if it has any impact on the educational abilities of the nation's youth. I'm guessing no one would notice if we didn't have a Secretary of Education. Everyone just keep on doing what you're doing, and get back to us.

I would suggest the Department of Commerce for the same experiment.

CBS News Ethical Priorities

CBS News really is falling to some new lows.  Courtesy of Rathergate.com is this article from Reuters that CBS is firing the producer who had the temerity to break into a top-rated show (CSI-NY) with news that a major world figure had died (Arafat):

CBS News has fired the producer responsible for interrupting the last five minutes of a hit crime drama with a special report on the death of Palestinian President Yasser Arafat (news - web sites), a network source said on Friday.

Great.  CBS has an hour-long show using documents my 10-year-old could see were forged attacking a presidential candidate a few weeks before the election, and no one gets fired - and no apology to viewers is issued.  But, pre-empt a few minutes of a top rated show to announce that one of the most prominent world figures of the last 50 years has died, and you get fired (within hours) and CBS publishes an apology to viewers. 

Jackpot Litigation

For those who still hold out belief that the tort system today is still primarily about justice rather than just hijacking deep pockets, read this post at overlawyered.com.  From an online ad:

We will show you how to prove you had taken Vioxx, to prove that you had related side effects, and to find a good lawyer to win your case. There are still places selling Vioxx after the recall, you can find them online. Merck is still 100% fully responsible for any side effect. If you purchase Vioxx now, not only you can sue Merck, you can also sue the pharmacy store for selling recalled products. The purchase is risk free, as Merck will pay you every penny you spend on Vioxx including tax and shipping fees.

Quick, buy some before they take it off the shelf, so you too can get in on the lawsuit!

By the way, this little tidbit, also via Overlawyered.com, gave me a chuckle.  A woman is suing a railroad for hitting her when she was walking down the railroad tracks.  In part, she is suing the train for "failure of its engineer to...yield the right of way".  LOL - I can't believe the train didn't swerve out of the way.

UPDATE #1

Legal Underground has a post critical of this article:

As grist for its anti-lawyer message, Overlawyered.com is featuring this obvious Internet hoax: "Get Your Million Dollars from Vioxx Lawsuit."  Does Walter Olson really think his readers are so gullible?

In the comments section, I responded as follows:

Hmmm. I am one of the listed disciples (lol). I am willing to believe the ad is non-serious, meaning that it was aimed more at getting traffic and probably was not written by a law firm, and am posting an update as such with a link to this site.

Hoax? In my mind, its a hoax only if the legal advice is wrong or if you think no one would respond to the plea. I can't tell you if Vioxx can still be bought nowadays (that may be a hoax). However, if it was still on the shelf somewhere, ask yourself two honest questions:

1. Is there a lawyer out there who would happily try to make the case that a person who bought Vioxx after the recall can still be awarded damages?  Even if the attorney knew the person bought the Vioxx mainly to get in the class action?
2. Are there people out there who, if they thought it would get them in on a big class action, would go out today and load up on Vioxx solely to get a chance at having a lawsuit?

The honest answer is yes to both (just read the billboards in Florida). I mean, I would bet about any amount of money that someone out there has read this on the Internet and has tried to go buy Vioxx to get in on the jackpot. Guaranteed. Would any of you take the other side of this bet?

The fact that this ad may not be from a real lawyer does mean that I may have overstepped in painting law firms as being this bad (sorry), but I don't think its being fake in any way hurts the case that the notion of individual responsibility is on life support in this country.

By the way, after looking at Walter Olson's original post, I think he was pretty careful not to claim that the page was from a real law firm, and basically pointed to the same issues with the page's provenance that Legal Underground pointed out.

In the companies I have run, I have spent an inordinate amount of time dealing with a few really ridiculous lawsuits.  Here are two examples (that happened to companies I ran - this is not Internet hearsay or friend of a friend):

  1. A visitor to one of our facilities claims to have stepped, while walking in his bare feet, on a nail that was on the ground.  He did not come to us for first aid, but called us later after he had left our facility.  He never could produce the nail, nor could we ever find one in the area, but we agreed to pay any small bills he had -- we assumed he might have gone to the emergency room for a tetanus shot or maybe to get a band-aid.  It turns out he eventually claimed that the injury caused him to - get ready -  experience sexual dysfunction, which he eventually sued us over when we refused to pay any treatment costs.
  2. A woman came to our office at our facility limping, claiming to have fallen down the stairs and saying that we were gonna pay.  Despite the fact that it was a crowded area, no witnesses could be found.  We offered her a ride to the hospital which she refused.  Several of our employees thought we saw her come into the facility limping already.  Within the week, she was threatening to sue us for the cost of her knee operation.  Fortunately, since our employees saw her limping coming in, we did some more research, and members of her family told us she was also suing a restaurant she had visited the week before for the same injury.  It turns out she was uninsured, and had hurt her knee elsewhere, and was out trying to find some public business that she could get to pay for her operation. 

Given this experience, I am not going to apologize for believing that the referenced ad might be real.

UPDATE #2:

By the way, I don't think that Legal Underground was calling the train story a hoax, only the Vioxx.  By the way, the exact wording on the complaint against the railroad is even better than I thought:

"The [engineer] did not stop the train in a timely manner, and failed to yield the right of way to a pedestrian walking along the tracks in plain view"

A freight train's topping distance is measured in miles, even with full emergency braking.

She and her attorney's further argue:

that the railroad was negligent for failing to post signs warning 'of the dangers of walking near train tracks and that the tracks were actively in use

Lets leave aside the obvious point about individual responsibility, and ask what would happen if this were the legal standard, to have such signs.  To make sure someone saw one, you would have to have one say every 30 feet.  Since there are just over 200,000 miles of freight railroads in the North America that works out to a bit over 35,000,000 signs that need to be posted.  At $100 per sign this would cost $3.5 billion.

Here is the serious point:  Never would any legislature pass a law that said there had to be warning signs every 30 feet on railroads.  It would be way too costly for little benefit.  At grade crossings today, we have signs and flashing lights and even gates and still thousands of people a year drive in front of trains on grade crossings.  So, if we would never require it legislatively, how have we gotten to a point where a jury might effectively retroactively require such signs, and assess a multi-million dollar penalty for not doing it?

LA Confidential is Terrific

I am sitting here this evening watching LA Confidential on the big screen.  This is a fabulous movie, and its incredible to me that it didn't get more play at the time.  The acting performances are awesome -- ironically I think Kim Bassinger's is the weakest, but she is the only one to get an Oscar for it. The music and mood are fabulous.  It is even more incredible that the nearly unwatchable Titanic could beat it out for best picture Oscar.  If you have never seen it, give it a rent.

Rule of the Courts

This post in The Commons raises an issue that has concerned me for years.  Increasingly, activists are using the courts to achieve regulatory goals that legislatures and/or voters have rejected.  While I am still not sure there is constitutional justification for the degree of legislated regulation that exists in this country, there certainly is no basis for individual courts running whole industries (e.g. telecom, tobacco). 

State attorneys general and private plaintiffs lawyers are increasingly turning to the nation's courts to adopt regulatory measures that legislatures reject. Such "regulation by litigation" has been used against numerous unpopular industries in suits by government and private attorneys. The first set of cases sought to regulate and extract rents from the tobacco companies, but subsequent cases have been brought by both private lawyers and government agencies against gun makers, lead-paint producers, coal-burning utilities, diesel engine manufacturers, and many other industries. In each case, the aim is to extract rents and impose regulatory controls that could not be adopted through the legislative or administrative process.

Read the whole thing.

Update on Coyote's Law

Given all of the conspiracy theories bouncing around the net nowadays, I thought it would be timely to revisit Coyote's Law.  Coyote's Law states:

When the same set of facts can be explained equally well by

  1. A massive conspiracy coordinated without a single leak between hundreds or even thousands of people    -OR -
  2. Sustained stupidity, confusion and/or incompetence

Assume stupidity.

To some extent, Coyote's Law is a logical extension of Occam's Razor.  However, it seems to have consistent and frequent application in modern politics.  Here are a couple of examples, but I am sure the reader can think of more:

  • There are a number of revisionist historians that make the argument that Pearl Harbor was actually an elaborate FDR plot to overcome domestic isolationism and bring the US into the war.  They point to the many missed intelligence clues, the incredible unreadiness of the defenses at Pearl Harbor, and the missing US carriers as evidence of a conspiracy.  However, most historians have concluded that Coyote's Law holds, that our failure at Pearl Harbor we the result of mistakes and incompetence, not conspiracy.
  • The mother of all conspiracy theory subjects is, of course, the JFK shooting.  Many people simply refuse to believe that a lone gunman, and a fairly unimpressive one at that, could have pulled off such a killing.  He must have had help from the Cubans, or the Mafia, or the FBI, or the CIA, or the grassy knoll, or whatever.  Despite all the millions of hours of research into these theories, Coyote's Law still holds - it is much more likely that JFK was killed due to poor protection and the vulnerability of any one man to a sufficiently dedicated gunman who is not committed to getting away after the assassination (which, by the way, is still true).

To some extent, in both these cases it is a bit unfair to use the word "stupidity".  I am reminded of a quote by Frank Borman (as portrayed in the awesome mini-series "From the Earth to the Moon", I have not been able to find out if it was his actual words) in a committee hearing on the Apollo 1 fire that killed three astronauts.  Under intense scrutiny for a set of conditions that in retrospect seemed ridiculously unsafe, Borman described the problem as "a failure of imagination".  To some extent, that is what happened both at Pearl Harbor and with the JFK assassination, and, essentially, with the 9/11 attacks.  What occurred was so new, so unprecedented, that no one could really make themselves believe in advance that it would happen.  But, none-the-less, it resulted in incompetence, not conspiracy.

Which brings us to the 2004 election.  Certainly, in this case, no one can claim a failure of imagination, as just about everyone half anticipated vote-tally screw-ups after Florida in 2000.  However, in their review of conspiracy charges regarding election counts, this Caltech-MIT report has a fantastic restatement of Coyote's Law:

Well, I don't want to write off legitimate questions about the integrity of the voting system. But turn the question around: Which is more likely -- that an exit polling system that has been consistently wrong and troubled turned out to be wrong and troubled again, or that a vast conspiracy carried out by scores and scores of county and state election officials was successfully carried off to distort millions of American votes?

UPDATE

EEEK!  Frank Borman is the astronaut.  I had Martin Borman, the Nazi.  Sorry.  (and yes, this mistake was due to my STUPIDITY and INCOMPETENCE, and not a Boys From Brazil conspiracy.

Directory Listing Checks are the Worst Non-Internet Scam

I don't know if you get these, but about twice a month we get what looks like a refund check in the mail, usually for a couple of dollars and change, from some yellow pages company.  Today we got one from "Directory Billing, LLC" for $3.25.  We get a lot of small checks for pay phone and ATM commissions, NSF check refunds, etc, so sometimes these almost slip through - be VERY careful.

Why?  Well, the check looks all normal and innocuous, but in tiny grey lettering in the background of the endorsement section on the back, there is a lot of legal verbiage that amounts to the following "by endorsing and cashing this check, you are signing up for a directory listing in some random yellow pages you never heard of for some god-awful amount of money which we will bill later".