Coyote Blog

According to Overlawyered.com, notorious judicial hellhole Madison County, IL has elected a new set of judges much less likely to be in the pocket of the litigation bar.

This is awesome:

Robert Swetich and Raymond Urrizaga each received 1,847 votes in Tuesday's general election. Under the law in this gambling state, tied elections can be settled by lot.

After the election was certified by the commission Thursday morning, the two settled over a shuffled and fanned deck of cards.

Urrizaga drew first. Queen of clubs. Swetich pulled a seven of diamonds, then offered his congratulations to the winner.

Via Reason's Hit and Run

Hello to Arizona Watch, which seems to focus on politics and news here in AZ.  Anyone with links all over their site to Cato, Eugene Volokh, Virginia Postrel, and Assymetrical Information can't be all bad!

CNN has some pretty fun exit poll data here.  As both an engineer and an analyst at heart, I enjoy plowing around in data to find new conclusions.

One interesting thing I found was where the vote for Bush and Kerry came from in terms of urban vs. rural locations:

Because people are thinking of the red/blue state map, and even more the red/blue county map, they want to portray the red/blue split in part as an urban-rural split.  This is reinforced by the perception of Bush as the NASCAR loving gun toting country redneck and Kerry as the overeducated stiff urban intellectual. 

The problem is that the exit poll results don't necessarily support this.  Note two things:

1. The suburbs drive the result.  Rural and urban basically cancel each other out, with a larger urban than rural population but a larger relative Bush lead in rural.  In both '00 and '04, the suburban vote split closely mirrors the total tally.
2. Bush won the popular vote because he improved about 3 points and added 4 million votes to his differential.  This table says that nearly all of that came in the urban vote, with a whopping 10 point improvement that drove a 3 point improvement in the total.

Because a lot of this urban improvement occurred in Blue states, the electoral college margin was still close because he ended up closing the gap in blue states rather than flipping many.

Assymetrical Information mines the same data to demonstrate the surge in Latino support for Bush.  Interestingly, it also shows that Bush led among both high school and college graduates (defeating some of his stereotype).  Kerry, on the other hand, carried both high school dropouts and post-grads (ie, the under and over-educated)

UPDATE

Welcome to Professor Bainbridge readers.  If you are not burned out on election news, here is my winner for the most over the top post-election article, and my response.

UPDATE #2

Confirming data from New York City via The Galvin Opinion

I am feeling a little guilty tonight.  I just dumped a pain in the butt troublesome employee on another company.  Without warning.  Specifically, we fired him a couple of weeks ago, for a variety of issues, but mentioned no negative information in his reference check from his new employer.  Here's why.

It has become dangerous to give out negative references.  Ex-employees have become increasingly succesful at suing employers for bad references.  I don't have to tell any small business owners that  lazy, incompetent, unreliable, whining, trouble-making employees never believe that they are lazy, incompetent, unreliable, whining, or trouble-making.  You give them a negative reference, and before you know it they are in front of a jury saying "I never did any of those things, that employer was just biased against me, that's why he fired me and then tried to get revenge on me by lying to all these other companies and blackballing me from getting a job to feed my family".  Now, you are stuck trying to prove in a court of law that the reasons for termination, and what you said in the reference check, are valid.  It's always good to document these situations well, but no business documents this stuff well enough to survive a plaintiff's attorney's cross examination.

You can learn more about these lawsuits here and here and here.

As a result, our company policy is to not allow any employee to give out any references whatsoever.  They are not allowed to give out any information about employees except the dates of their employment.  They are most definitely not allowed to discuss reason for termination.  In a few cases, I will make an exception for good employees, but even in that case I require their permision in writing.

So, sorry employers out there.  I feel bad about it, but I have to protect myself because the sharks are always circling.  While its inconvinient to hire a bad employee in our business, it can be a disaster in places like hospitals that have life and death situations.  Crazy?  Check this out.

Dear Congress:  If you would like to do something useful for a change, please consider granting employers some sort of liability shield for the information they give out in references.

I like this list. The over-under for actual legislation is maybe 1.

Hat tip: Cal Ulmann

I had this turly over-the-top article from Mark Morford in SF Gate forwarded to me via email, with the forwarding comment "This about sums it up..." After today, I will return to more business topics from politics, but this article gives me the excuse to write my own post-election recap.

Its hard to do this article justice in excerpting it, so I encourage you to follow the link above and read the whole thing, but hear are some choice highlights (bold emphasizes some particular passages I will comment on)

And now Kerry's conceded and the white flag has been raised and we are headed toward the utterly appalling notion of another four years of Bush and another Republican stranglehold of Congress and repeated GOP chants of "More War in '04!"

Which is, well, simply staggering. Mind blowing. Odd. Gut wrenching. Colon knotting. Eyeball gouging. And so on.

You want to block it out. You want to rend your flesh and yank your hair and say no way in hell and lean out your window and scream into the Void and pray it will all be over soon, even though you know you're an atheist Buddhist Taoist Rosicrucian Zen Orgasmican and you don't normally pray to anything except maybe the gods of really exceptional sake and skin-tingling sex and maybe a few luminous transcendental deities that look remarkably like Jenna Jameson.

It simply boggles the mind: we've already had four years of some of the most appalling and abusive foreign and domestic policy in American history, some of the most well-documented atrocities ever wrought on the American populace and it's all combined with the biggest and most violently botched and grossly mismanaged war since Vietnam, and much of the nation still insists in living in a giant vat of utter blind faith, still insists on believing the man in the White House couldn't possibly be treating them like a dog treats a fire hydrant....

This election's outcome, this heartbreaking proof of a nation split more deeply and decisively than ever, it simply reinforces the feeling among much of the educated populace: It is a weirdly embarrassing time to be an American. It is jarring and oddly shattering and makes you rethink what it really means to be a part of this country. The answer: It doesn't mean much at all. Not really. Not anymore...

Maybe we're not all that sophisticated or nuanced or respectable a nation as we sometimes dare to dream....

Maybe, in fact, we're regressing, back to the days of guns and sexism and pre-emptive violence, of environmental abuse and no rights for women and a sincere hatred of gays and foreigners and minorities. Sound familiar? It should: it's the modern GOP platform....

So then, to much of Europe, Russia, Asia, Canada, Mexico, the Middle East -- to all those dozens of major world nations who want Bush out almost as much as the educated people of America, to you we can only say: We are so very, very sorry. We don't know how it happened, either. For tens of millions of us, Bush is not our president and never will be. That's how divisive. That's how dangerous. That's how very sad it has become.

We are not, with another four years of what we just endured, headed toward any sort of easing of bitter tension, a sense of levity, or sexual openness, or true education, or gender respect, or a lightness of spirit and of step.

It is important to recognize that this article is insane. Not slightly over the top or humorous exaggeration, but a truly insane loss of perspective.

Continue reading ‘On Totally Losing Perspective’ »

I got a good laugh today at all the folks, mostly on the left, who were saying that they will leave the country now that Bush is re-elected.

I was a reluctant Bush supporter. As a Libertarian, voting for major-party candidates is seldom a satisfying experience. I am well aware of the baggage Bush carries - he is not a small government libertarian. He is, however, also not a trial lawyer, not promising to balance the budget on my back, and not assuming that terrorists are wronged freedom fighters we should negotiate with.

Anyway, for all the flaws of either candidate, a Bush or Kerry America is still the best place on earth. Period. Those of you who want to leave will quickly find that, for one, America has some of the freest immigration policies in the world - just try to get a green card or a work permit for Canada or France. Good luck finding a job in Germany or France, as the semi-socialist policies that you likely admire there keep unemployment rates in the double digits. And by the way, don't expect any welfare benefits if you perhaps are imagining a slacker paradise, for though we in the US may be generous and argue how many benefits to give immigrants, you aren't getting anything as a new immigrant over there. Oh, and if you find a job, have fun with that first tax bill. And for those who want to go the extra mile and be human shields in the Gaza strip or Fallujah, you will certainly have an interesting time as you discover that that "religious fundamentalist" Bush looks like Madeline Murray O'Hare compared to your new islamo-fascist buddies.

UPDATE #1

I know the above seems exaggerated. It is not. Go read the comments section at Kos or Wonkette or Atrios. However, for just one example, try No Right Turn which has this:

There's not a fuck of a lot separating Osama bin Laden's Islamo-fascists and Dubya's Christian fundamentalists - they even follow the same god. The only real difference lies in who they want to kill. There's nothing there worth believing in, and nothing to hope for, except maybe that they'll all kill each other so that we members of the reality-based community can get on with our lives in peace

Hard to know where to start. OK, for fun, lets compare Bush to the Islamo-fascists on the three areas that most tick off Bush's detractors. Remember that I am a libertarian, so "Bush detractors" on many of these issues includes me:

Gay Rights: In the US, gays can live many places openly with some but decreasing harassment. Bush does not want them to marry. In some Muslim countries, including Saudi Arabia, pre-invasion Afghanistan, and Iran, homosexuality is punishable by death. Lets see, can't get married vs. death penalty. Equivalent?

Women's Rights: For some reason, this is defined in our country as being able to have an abortion. I would have thought free speech, ability to vote, right to bear arms, etc. would be women's rights too, but that is not what people seem to be talking about when they say it. So, on abortion. Abortion today in the US is legal, safe, and readily available. Bush has attempted to put some restrictions on it, such as parental consent for teenagers and elimination of certain types of procedures, but has never publicly advocated making it entirely illegal. In most of the Arab world, abortion is illegal. And, if the pregnancy is the result of sex out of wedlock, the woman risks being stoned to death. In addition, women have virtually none of those "other" women's rights we have in the US, like being able to vote, drive, show some skin, have a job outside the home, speak freely, etc. A black man in apartheid South Africa had far more rights and freedoms than a woman in the Arab world. Lets see - restrictions on certain abortion procedures vs. the status of a slave and the likelihood of getting beaten or stoned to death. Equivalent?

"Obscene" or profane speech
In the US, people have an incredible amount of freedom to say about any jackass thing they want to say. People such as Michael Moore who skewer our leaders or like Larry Flint who produce pornography are not only tolerated, but feted and made wealthy. The one exception is that the Bush administration has been more aggressive in enforcing decency standards against broadcast TV and radio, in part because of the anachronistic way these were originally licensed. This has resulted in fines related to Janet Jacksons breast and Howard Stern' language. In the Islamo-fascist world, no dissent is tolerated, nor is pornography, bad language, or anything else unacceptable to the priests. In the US, priests can complain about your low standards, but can't generally make you shut up. In Iran, for example, the priests can have you killed for your speech or form of expression, and they do. Routinely. The Janet Jacksons and Howard Sterns of Iran are probably dead. Let's see - some restrictions on TV and radio stations using the 7 banned words and showing nudity or death. Equivalent?

I am sick of these moral equivalencies. As it turns out, I actually disagree with the Bush position on many of the issues above, but I think it is absurd to say that Bush is as bad as the Islamo-fascists. The tone of the piece is to somehow pitch this as a religious war, that it is just about Christians trying to kill Muslims. But go back to September 10, 2001. Not many people in this country spared many thoughts to the Muslim world. It was only after about 3000 non-denominational deaths that people got worked up. By the way, WTC attack 1 occurred long before anyone in the Arab world ever heard of W, and the September 11 attack was planned long before he was in office. I swear that people increasingly are trying to reverse the causality here - it won't be long before I read somewhere that the 9/11 attacks were in revenge for W's invasion of Iraq.

By the way, I can't resist one last quote from this same post:

A recent New Statesman editorial commented that having watched one great beacon of hope - the Soviet Union - collapse into a nightmare, the world could hardly bear it if the other one - the United States - fell as well.

Stalin? Soviet Union? Beacons of hope. Unbelievable. The far left increasingly calls itself the "reality-based" community. Does any of this match your reality? For more, see here. Hat tip to Kiwi Blog for the link

UPDATE #2

In my original post, I jokingly said that I was taking up a collection to help people by buying them airplane tickets out of the country if they so choose. Though it was a joke, I still took it off. It sounds too much like the old conservative "America, love it or leave it" junk. America is a better place for having the broadest possible range of opinion, and I would be sad to see this end.

UPDATE #3

This post turns out to be a warm-up for this more complete post on trying to keep some sense of perspective post-election

Overlawyered.com has a roundup of how litigation-related propositions faired, the results are mostly good news for those of us shocked at the growing power of trial lawyers.

Yesterday, Florida apparently passed a new minimum wage $1.00 higher than the Federal minimum wage of $5.15 per hour.

This is actually an oddity - a red state with a higher minimum wage. Before the election, this Department of Labor map, showing the states with minimum wages higher than the Federal rate (shown in green) looked a lot like the presidential election map. With the exception of Alaska (which has price and wage levels so different from the lower 48 that it should have its own currency) all the states with higher than federal minimum wages are also strong Kerry states (e.g. Left Coast, New England and Illinois).

This is going to have huge implications for us. Camping is a low margin business, and most hosts are paid minimum wage. In fact, many of our hosts, who are retired, don't want to get paid at all, so they don't mess with their social security, but that of course is not possible. The total increase in wages will be higher than what we make in Florida, so we are going to be spending a lot of time evaluating price increases vs. cutting back on labor somehow.

UPDATE

I see from our logs we are getting a lot of hits on this post from search engines.  For those of you looking for more information on the implementation of this increase, we still have not seen any enabling regulation to go along with it.  Will it have the same exemptions as the Federal law?  Anyway, the go-live date is apparently 6 months from approval, which I presume equates to early April, 2005.

Previously, I explained why I like Football Outsiders here. Their week 8 statistical rankings of teams is here.

Miami assumes its rightful position back at the bottom of the list. The surprise, at least based on pre-season expectations, is to see the Titans in the bottom 5. My Cardinals continue to regress back to mediocrity, though their defense remains among the 10 best -- last week against Buffalo was more of an Offense and Special Teams failure than a defensive lapse.

I don't think anyone can disagree with the Outsiders' top 3. KC at number four doesn't seem right to me; however, for some reason, both this season and last, their statistical system seems to over-rank KC.

Hosted this week at Quibbles and Bits, check it out. There are even some posts that have nothing to do with the election (gasp).

Coyote Blog is included this week with a two parter on libertarianism and the environment, followed by an analysis of what we know about Kyoto.

Also, if you are looking around, check out our analysis of the relative fate (in terms of economic well being and political freedom) of the colonies of France, Britain and the US.

Assuming Cheney does not want to run for president, which I think is a given, something will happen in 2008 that has not happened in 56 years since 1952: Neither of the two major-party presidential candidates will be incumbents of the President or Vice-President jobs. In 1952 we had Eisenhower vs. Stevenson. Since then we have always had incumbents running, though not necessarily successfully -
1956: Eisenhower
1960: Nixon
1964: Johnson
1968: Humphrey
1972: Nixon
1976: Ford
1980: Carter
1984: Mondale and Reagan
1988: Bush
1992: Bush
1996: Clinton
2000: Gore
2004: Bush v 1.1

I guess the only exception you could make to this is if you called Hillary an incumbent. Full list of presidents and VP's here

UPDATE

I didn't just bury the conclusion, but left it out entirely. The point is that 2008 is likely to be a zoo. Not one but two wide open nominating battles, plus of course the general election. Can we please, please before then try to figure out a way to choose our candidates other than just letting Iowa do it?

UPDATE #2

Welcome Instapundit (guess I need to send a check to my host for more bandwidth). While you are here, you might check out my latest roundup on Kyoto and Global Warming, as well as an interesting analysis on the economic and political success of ex-French vs. ex-Anglo/American colonies. Short answer is that you didn't want the French as masters.

UPDATE #3

Check out the comments section, which has several good posts handicapping the Republican candidates in 2008. Several people suggest a Republican strategy to replace Cheney mid-term with their next candidate. I know that the leadership of both political parties lament their loss of control, due to the primary system, in selecting their nominee, and this certainly would be an intriguing way of getting around that and the Iowa/NH problem. However, the move is so transparently Machiavellian, and I think unprecedented, that the first party to try it will probably get punished in the court of public opinion.

Its crazy that no one asked me for any sort of ID to vote today. They did not even hear my name right and I just pointed to my name on the list. Since I was voting just before the polls close, I could have been anyone and just looked at their list on the table to quickly spot some one who has not voted and used that name.

I understand the desire to get more people to vote, but we have really gone overboard the other way on election security. I do not think it is too much to ask for some sort of ID when you vote.

UPDATE:

I got a nice paper ballet - it's the kind where you use a black pen to fill in a blank next to your preference. It was easy to use, and the ballot boxes had a built in scanner so they were tallied as soon as I put it in the box. If it could not read what I filled in, it spits it back out and I fix it. As a result, a paper trail exists for each vote, but there is no hand tallying. What is wrong with this system? Why does everyone want an electronic machine with no paper trail?

Also, with a paper ballot, each polling location has near infinite capacity. All you need is tables and pens and some of those little privacy dividers. It costs like $5 to add another voting station. Never was any kind of long line at my voting location. I have not seen the stats, but I would be willing to bet that most of those locations they showed on TV with 5 hour long lines were using some type of machine. Since the machines cost a lot, you end up with too little capacity and long lines.

I was stuck out in California today, one day longer than I expected. I got up early, got my business done, and drove about 7 hours to get back to Phoenix in time to vote.

I have absolutely no patience for people who can't find the time to vote. Its ridiculously easy, except for some of those idiot counties in Ohio I am looking at right now that have such long lines - how can you manage things so poorly?

You might ask why I do not absentee vote. I like voting on election day, I like the ritual, sortof like the secular version of taking communion. Voting by mail feels more like paying bills. It loses a lot for me.

Since most knowledgeable people who always try to predict the election are refusing to predict this one because it is too close to call, I will take a shot at it (since I never have predicted elections before):

I predict a situation the reverse of 2000. Bush wins popular vote by a percent or two but loses electoral college. States mostly break the same as in 2000 but Ohio goes to Kerry.

I heard Dick Morris recommending that you can watch Pennsylvania tomorrow night for an early clue. In 2000, Pennsylvania broke 51-46 Gore. He suggested that Bush will win if doing getter in Penn, and will lose if doing worse. You can find how all the states went in 2000 here

The absolute best part of this election is that my kids are really pumped up to sit up and watch it. Part of that is that they are really clever about finding ways to evade bed time. But part is that they are generally interested. My 10-year-old son spent over an hour with my wife going over and trying to understand her absentee ballot.

UPDATE

Well, I was wrong but not way wrong. Bush did win the popular vote and Ohio was indeed close but broke for Bush. Well, I won't quit my day job but I will say that I was as close as any of those folks paid the big money to make predictions.

OK, Uncle Walter no longer does much for CBS other than act as their sort of hood ornament, but his statement on Larry King, via Drudge, is even wackier than Dan Rather:

Former CBSNEWS anchorman Walter Cronkite believes Bush adviser Karl Rove is possibly behind the new Bin Laden tape.

Cronkite made the startling comments late Friday during an interview on CNN.

Somewhat smiling, Cronkite said he is "inclined to think that Karl Rove, the political manager at the White House, who is a very clever man, he probably set up bin Laden to this thing."

Um, right. I am sure Bin Laden is sitting in his spider hole waiting to do everything the Bush Administration asks him to do. And, if Bin Laden is in custody, why would Bush use that fact only to generate this tape, and not just trumpet to the world that the US has, in fact, captured Bin Laden, which would have far more impact. It is incredible to see Cronkite saying things that Michael Moore might even think twice about. And, to have Larry King just let it slide - no followup question or anything, as if Cronkite's statement was the most natural and obvious thing in the world.

UPDATE:

It was pretty funny to watch Dan Rather last night during the election coverage. Brokaw at the end of the evening looked like he was going to cry, but Dan really lost it a couple of times. He really lost all pretense to objectivity. I wish I had a transcript. It would be hilarious to put up a montage of video clips from network anchors from 7PM EST (when exit polls were signaling a big Kerry win) and midnight when it was pretty clear Bush would win. I know the differences in body language and demeanor would be startling, and would go well beyond what is explainable just from being tired.

This week's Carnival of the Capitalists is up here.

Dave Berry has lots of good ways to waste your remaining hours in the office today.

I have been using Google's beta desktop search for a while. It is awesome. It needs some help organizing results better, but it blows away the crappy function in Windows. Try it here

My wife has started a business designing and making purses. In her first major sales outing, she sold 40 in about 2 hours. Congrats. Check out her funky purses at KateGroves.com

This is the second part of a two part post. Part 1, with more general background on my libertarian point of view on the environment, is here.

Because hell is freezing over today, and because the Russions just ratified the Kyoto Treaty, apparently putting it over the top for it to get started, I wanted to talk more specifically about the Global Warming and the Kyoto Treaty.

First, recognize that, whatever one's views are of Global Warming, Kyoto is a flawed treating from the United State's perspective. Leaving out the validity of global warming or the cost-benefit issues (which we will discuss below) the Kyoto treaty is a thoroughly anti-American document, crafted by other countries to put the vast vast majority of the cost on the US.

Why? Well, first, and most obviously, the entire developing world, including China, SE Asia, and India, are exempt. These countries account for 80% of the world's population and the great majority of growth in CO2 emissions over the next few decades, and they are not even included. If you doubt this at all, just look at what the economic recovery in China over the past months has done to oil prices. China's growth in hydrocarbon consumption will skyrocket over the coming years.

The second major flaw is that European nations cleverly crafted the treaty so that among developed nations, it disproportionately affects the US. Rather than freezing emissions at current levels or limiting growth rates, it calls for emissions to be rolled back to 6-8% below 1990 levels. Why 1990? Well, a couple of important things have happened since 1990, including:

a. European (and Japanese) economic growth has stagnated since 1990, while the US economy has grown like crazy. By setting the target date back to 1990, rather than just starting from today, the treaty is effectively trying to roll back the economic growth in the US that other major world economies did not enjoy. This difference in economic growth is a real sore spot for continental Europeans.
b. In 1990, Germany was reunified, and Germany inherited a whole country full of polluting inefficient factories from the old Soviet days. Most of the factories have been closed in the last decade, giving Germany an instant one-time leg up in meeting the treaty targets, but only if the date was set back to 1990, rather than starting today.
c. Since 1990, the British have had a similar effect from the closing of a number of old dirty Midlands coal mines and switching fuels from very dirty coal burned inefficiently to more modern gas and oil furnaces.
d. Since 1990, the Russians have an even greater such effect, given low economic growth and the closure of thousands of atrociously inefficient communist-era industries.

A third flaw is that Kyoto refused to accept increases in CO2 absorption as an offset to CO2 emissions. For example, increasing the amount of forest cover in a country can have the same effect as reducing emissions, since the forests lock up atmospheric carbon. The only logical reason for disallowing this in Kyoto is that it is an area where North America has a real advantage. Contrary to what most people might guess given all the doom and gloom environmental talk about sprawl and deforestation, the acres of forested land in the US has been steadily increasing since the 1920s.

It is flabbergasting that US negotiators could allow us to get so thoroughly hosed in these negotiations. Does anyone really want to roll back the economic gains of the nineties, while giving the rest of the world a free pass? Anyway, as a result of these flaws, and again having little to do with the global warming argument itself, the Senate voted 95-0 in 1997 not to sign or ratify the treaty unless these flaws (which still exist in the treaty) were fixed Note that this vote included now-candidate John Kerry and previous enviro-candidate Al Gore.

These gross and obvious flaws in Kyoto could let us off the hook from arguing the main point, which is, does global warming justify some sort of international action like Kyoto. So lets assume that Kyoto was all nice and fair and some reasonable basis was arrived at for letting countries share the pain. Should we be doing something?

To see if a treaty like a modified-to-be-fair-Kyoto makes sense to sign and adhere to, one must evaluate at least five questions:

1. Has the world been warming, and is this due to man's activities and specifically CO2(rather than natural cycles)
2. Do increasing CO2 levels lead to global warming in the future
3. Are man-made actions substantially increasing CO2 levels, and what kind of temperature increase might this translate into
4. How harmful will the projected temperature increases be
5. How much harm will CO2 limitations create and how do these stack up against the harms of global warming.

Continue reading ‘Libertarianism, the Environment, and Kyoto: Part 2’ »

This is something very familiar to our friend the coyote. Check out Cartoon Laws of Physics. Here's an example:

Cartoon Law I
Any body suspended in space will remain in space until made aware of its situation.

Daffy Duck steps off a cliff, expecting further pastureland. He loiters in midair, soliloquizing flippantly, until he chances to look down. At this point, the familiar principle of 32 feet per second per second takes over.

As a libertarian and strong believer of individual rights and free markets, I often get "accosted" by folks saying that I must want the environment just to go to hell. Actually, no. Beyond my personal enjoyment of the outdoors, having "the environment go to hell" would be a disaster for my business, which depends on outdoor recreation.

This confusion about libertarianism and the environment falls in the category of what I call being pro-property-rights-and-markets and being pro-business. Many politicians, particularly traditional conservatives, who say they are the former and are in fact the latter. "Pro-business" politicians often support many things (subsidies, using eminent domain to help developers, building publicly funded stadiums) that bear little resemblance to libertarianism or truly free markets. This confusion also stems from differences in how much people trust individual action and incentives rather than command and control government programs. The Commons is a good site dedicated to market solutions to environmental issues, as is the environment section at Cato Institute. Virginia Postrel frequantly writes on the more general topic, beyond just the environment, of bottom up systems driven by individual choices vs. top down command and control.

In fact, environmental laws are as critical to a nation with strong property rights as is contract law. Why? Imagine a world without any environmental legislation but with strong property rights. What happens when the first molecule of smoke from my iron furnace or from my farm tractor crosses over on to your land. I have violated your property rights, have I not, by sending unwanted substances onto your land, into your water, or into your airspace. To stop me, you might sue me. And so might the next guy downwind, etc. We would end up in an economic gridlock with everyone slapping injunctions on each other. Since economic activity is almost impossible without impacting surrounding property owners, at least in small ways, we need a framework for setting out maximums for this impact - e.g., environmental legislation.

But I do disagree with a lot of environmentalists today. The conflict between free market supporters and environmentalists usually come in four flavors:

1. Disagreement over standards. The discussion above implies that environmental laws create a framework for setting out the maximum impact one property owner can have on others. But what is that maximum? Rational people can disagree, and do. This is a normal part of the political process and won't go away, as different people value different things. I generally don't have any problem with people who disagree with me on these standards, except perhaps for folks that want to argue for "zero" -- these people usually have anti-technology and anti-capitalism goals that go way beyond concern for the environment.

2. Disagreement over methods. Consistent with the framework I presented above, I believe that the government should as much as possible set overall emission standards, and allow individuals to make choices as to how those standards are reached. A good example of this are emissions trading schemes. Statists are uncomfortable with these approaches, and prefer to micro-manage compliance, down to the government making detailed choices about technologies used.

3. Use of One's Own Property. By the reasoning for environmental regulation above, the regulation is to limit the impact of one property owner on others. But the flip side is that property owners should be able to do whatever they damn well please with their own property if it does not affect others. Environmentalists will disagree with this vociferously. I have had literally twenty different people give me the exact same response to this: "If you let people do whatever they want, they would all trash their own land and dump toxic waste all over it". Huh? I swear I get this response constantly and it makes no sense. Why would they do this? We have no regulations that people should keep their house looking nice and shouldn't trash it, but most people keep their house up anyway. Why? Because it is in their own obvious self-interest to do so. If other people don't want you building on a piece of property or want it saved for some specific use (or non-use), then they should buy it. That's why I support the Nature Conservancy -- I personally value having some wide open pristine lands and preserving some habitats, but unlike others, I don't expect other people to pay for my wishes, usually in the form of some luckless landholder who suddenly can't use his property the way he wants. Through the Nature Conservancy, private donors who value having certain lands set aside from development pay to achieve that goal privately. This is similar to environmental groups buying up emisions credits. If all the money spent on whining about and lobbying over the Brazilian rainforest had instead been spent buying tracts of it, it would probably be a big park by now.

4. Priority of Man. This is the up and comer in the world of environmentalism. In its extreme form, proponents argue that animals have the same rights as man (though in practice it seems it is just the cute animals like dolphins and harp seals that get the attention). I don't buy it. While there is no defensible reason to allow cruelty when it can easily be avoided, taking the step to put animals on the same level as man, if followed to its logical extreme, will not bring animals up to our level (how could they?) but will knock man back down to the level of animals (see Rush song here).

In my second post on this topic, I will move on to a more specific topic, with a brief roundup on Global Warming and the Kyoto treaty.

I posted yesterday about my issues with the current Libertarian party and some thoughts about a return of classical liberalism. A big part of classical liberalism was the so-called Scottish Enlightenment, discussed today at The Knowlege Problem, with links to many other sources.