Patent Trolling: It's Not Just For Software

Via Walter Olson:

“Hundreds of home builders in the Pacific Northwest have been put on notice that if they use a dehumidifier to dry rain-damaged projects, they are infringing on a patent recently issued to a father and son who claim they invented the process.”

I wonder if I can patent "the reduction in grass height using a sharpened, spinning blade" and drive all of my competitors out of business?

California State-Mandated Employee Leaves of Absence

We just worked with an attorney to rewrite our California employee handbook.  For your enjoyment, here are all the state-mandated leaves of absence we are required to provide employees (most unpaid, but some paid) and for which we must write detailed rules in our employee manual.  We'd likely provide most of this stuff anyway if asked, but the administrative hassle of having this all be a point of law (backed with the threat of expensive litigation if we make even the smallest mistake) is expensive and irritating.

  • Family/medical leaves (including more restrictive California Family Medical Leave Act)
  • Pregnancy disability leave
  • Organ donor and bone marrow donor leave
  • Military leave of absence
  • Military spouse’s leave of absence
  • Civil air patrol leave
  • Drug/alcohol rehabilitation accommodation
  • Time off for adult literacy programs
  • Time off for required attendance at school of suspended pupil
  • Time off for attending activities at child’s school or licensed day care facility
  • Time off for duty as election official
  • Time off for jury and witness duties
  • Time off for victim of domestic violence, sexual assault or stalking – obtaining relief for victim and children
  • Time off for victim of domestic violence, sexual assault or stalking –additional time for victim’s participation
  • Time off for victim of certain felonies
  • Time off to attend court proceedings for certain crimes
  • Time off for volunteer firefighter, reserve peace officer or emergency rescue personnel duties
  • Time off for volunteer firefighter, reserve peace officer or emergency rescue personnel training
  • Time off for voting
  • Workers' compensation leave

PS-  this is not necessarily a comprehensive list and it is published at the risk of having a California lawyer see it and say "aha!  They have forgotten time off for the death of a beloved hamster.  Let's sue him."

Let's Not Paint the Toyota Move to Texas Too Much as A Drive For Free Markets

I totally understand why Toyota would want to leave California.   I often wonder why any manufacturing business would remain in California.  I actually have thought about whether there is a private equity opportunity to buy California manufacturers and make money by moving them to lower cost jurisdictions.

I am particularly sympathetic this year.  We have four or five campground opportunities where we could be making money this year by making investments in these facilities.  But these initiatives would all take my time, and my time has been 110% devoted to catching up on regulatory compliance issues, particularly in California.   Every state has stupid compliance requirements, but California stands out for two reasons

  1. It has a lot, lot more of these requirements
  2. The cost of non-compliance is way higher than in other states.  You don't just get an order to clean up your act in 60 days, you get slammed with tens of thousands of dollars of legal fees from predatory law firms that have been given a hunting license by the state legislature to seek out and reward themselves when they find non-compliance minutia (e.g. numbers on the paycheck in the wrong font size).

So  I totally understand why Toyota is coming to Texas.  But also note that the state of Texas handed Toyota tens of millions of dollars in taxpayer money for the move, money for which smaller and less politically-connected companies don't qualify.  This corporate relocation incentive game is one of the worst uses of tax money, as it produces no new economic activity, but simply shifts it across arbitrary lines on the map.

California Food Sales Tax Rules Are Madness

We have invested a fair amount of time to try to get sales tax treatment on food items in our California stores correct.  But the rules are insane.   Beyond all the crazy rules (e.g. if a customer buys a refrigerated burrito it may be non-taxable, but if he puts it in the microwave in the store to heat it up it becomes taxable for sure) is the fact that sometimes customer intent matters (e.g. will they consume it at one of the picnic tables on site, or take it back to their home or camp site)

When searching for more resources on the topic, I found this flow chart on deciding if CA sales tax applies to food

click to enlarge

Here is more, from the same article

Under California law, foods eaten on the premise of an eatery is taxed while the same item taken to go is not: "Sales of food for human consumption are generally exempt from tax unless sold in a heated condition (except hot bakery items or hot beverages, such as coffee, sold for a separate price), served as meals, consumed at or on the seller's facilities, ordinarily sold for consumption on or near the seller's parking facility, or sold for consumption where there is an admission charge." Exactly which type of foods do and do not fall under the scope of this provision is the frustrating devil in the detail.

Eskenazi notes a few of the ridiculous results of drawing an artificial distinction between hot and cold foods. "A hot sandwich to go would be taxable," for example, "While a prepackaged, cold one would not -- but a cold sandwich becomes taxable if it has hot gravy poured onto it. Cold foods to go are generally not taxable -- but hot foods that have cooled are taxable (meaning a cold sandwich slathered in "hot" gravy that has cooled to room temperature is taxable)."

 

Skeptics -- Don't Be That Guy Who Gets Us All Tarred as Anti-Science

Alarmists have adopted the seemingly farcical but oddly effective technique of finding the most absurd skeptic argument they can, then beating the carp out of this straw man, and then claiming that this proves that all skeptics are anti-science.

Don't believe me?  Kevin Drum did it yesterday, bravely taking on a claim -- that atmospheric CO2 concentrations have not increased in the last century -- that I have never seen a skeptic make and I am pretty active in the community.  Having beaten up on this odd, outlier position, he then claims this tars everyone who does not agree with him

Nonetheless, there you have it. In the tea party precincts of the conservative movement, even the simplest version of reality doesn't matter. If cheese denial is how you demonstrate you're part of the tribe, then anyone who denies cheese is a hero. The fact that you happen to be happily munching away on a slice of pizza at the time doesn't faze you at all.

Awesome.  So by this logic, everything Kevin Drum says about the environment is wrong because some moron environmental activists signed a petition against dihydrogen monoxide in a Penn and Teller Bullshit! episode

So, as a public service, I wanted to link to Roy Spencer's list of 10 skeptic arguments that don't hold water.  There are quality scientific arguments against catastrophic man-made warming theory.  You don't need to rely on ones that are wrong.

I agree with all of these.  I will say that I used to believe a version of #5, but I have been convinced as to why it is wrong.  However, it is still true that CO2 has a diminishing return effect on warming such that each additional molecule has less effect on warming than the last.  That is why climate sensitivity is most often shown as degrees of warming per doubling of concentration of CO2, meaning 400-800 ppm has the same effect as 800-1600ppm.

Postscript:  Drum choose to lampoon a position that is such an outlier it did not even make Spencer's list.  Spencer assumes even the craziest skeptics accept that CO2 is increasing, such that the bad science he is refuting in #7 relates to the causes of that increase.

Reminder: Until Very Recently, The Left Was Touting the VA as a Great Model for Government Run Health Care for All

This is from Kevin Drum in 2007:

As regular readers may know, Phil Longman thinks the VA model of healthcare is the best around. In the October issue of the Monthly, he takes his admiration to another level, suggesting that the best way to provide healthcare to the 45 million uninsured in America is via — what? I guess you'd call it a franchised version of the VA. Basically, the federal government would offer struggling municipal hospitals a trade: if you adopt the VA's management guidelines, the government will pay you to care for all those uninsured folks currently jamming up your emergency rooms and driving you bankrupt. Deal?

The supposed reason is that great panacea, electronic medical records, cited by the Left as the solution to all woes as often as the Right mentions the Laffer Curve.

"Since its technology-driven transformation in the 1990s...the VA has emerged as the world leader in electronic medical records — and thus in the development of the evidence-based medicine these records make possible." Hospitals that joined Longman's "Vista network" (his name for the VA-like franchise he proposes) would have to install the VA's electronic medical record software and would "also have to shed acute care beds and specialists and invest in more outpatient clinics." By doing this they'd provide better care than any current private network and do it at a lower cost.

Since that time, the Left has mostly stopped talking about the VA as a miracle solution, because it is becoming clear that the VA cuts costs the same way every state health care agency cuts costs -- by restricting capacity, leading to huge waiting times, and rationing care.  The scandal here in the AZ VA is just the latest

The chairman of the House Committee on Veterans Affairs said Wednesday that dozens of VA hospital patients in Phoenix may have died while awaiting medical care.

Rep. Jeff Miller, R-Fla., said staff investigators also have evidence that the Phoenix VA Health Care System keeps two sets of records to conceal prolonged waits that patients must endure for ­doctor appointments and treatment.

"It appears as though there could be as many as 40 veterans whose deaths could be ­related to delays in care," ­Miller announced to a stunned audience during a committee hearing Wednesday.

Supporters of government health care like t o waive their arms about magic bullets, but the only strategy that has ever reduced costs in government health care systems is rationing and queuing (which is also a form of rationing).  Resources are always scarce, but the question is whether we want our health care rationed by government beauracrats or by ourselves.  The latter can only happen if we get away from first dollar and single payer medicine and find a way to get real, transparent price signals (which is the way every other service in this country is managed).

Update, Via Greg Mankiw:

"In Britain, even though they're already paying for the National Health Service, six million Brits—two-thirds of citizens earning more than $78,700—now buy private health insurance. Meanwhile, more than 50,000 travel out of the U.K. annually, spending more than $250 million, to receive treatment more readily than they can at home."

Which is the exact same way we run our education system -- everyone has to pay for a basic crappy level of the government monopoly product, and then if you can afford it you pay again to get a better private product.

Young People Voting Democrat

John Hinderaker laments

Harvard’s Institute of Politics released a poll yesterday that showed millennials’ trust in government at a historic low. This chart shows how many respondents said that they trust the entity in question to do the right thing either all of the time or most of the time. Notably, 20% of millennials said they trust the federal government to do the right thing; 32% said they trust the president; and 14% trust Congress. State and local governments (and, appallingly, the United Nations) fared a little better, but distrust of government is clearly the order of the day....

Which raises, not for the first time, a question I can’t answer: why do people who don’t trust government keep voting for more of it? For a long time, young people have voted mostly Democrat. Which means they are voting to give more of their money, and more control over their lives, to government–especially the federal government. Why would they do that, if only 20% of them trust the federal government to do the right thing?

I won't give a simplistic answer to a complex social issue, but I have a theory that explains at least part of this: gay marriage and other social issues.  I get a chance to work with young people a lot, and generally they don't seem to be focused on tax and regulatory issues.  They haven't been deep enough into the productive economy (and many will be convinced by their universities never to enter the productive economy) to understand the effects of government interventionism in the economy.

But one thing young people do know is that they are absolutely turned off by the social conservatism of Republicans.  I read an article the other day by a Conservative lamenting that young people use certain political positions as social status symbols, as self-identifiers that they are among the elite.  But certain ideas also have the opposite affect, acting as a big scarlet A that no one would willingly wear.  Among those are opposition to gay marriage, for example.  Many young folks, regardless of their position on anything else, would be as unlikely to vote for someone who opposed gay marriage as would be a Victorian society woman to openly admit she was a prostitute.  There are certain social positions that many Republicans hold that are complete non-starters to young people, such that they could not consider voting for such a politician even if they agreed with 99% of all the politician's other positions.  This tendency is reinforced by college professors, overwhelmingly of the Left, who tell kids that Republicans are not just people with whom they disagree, but bad people who have no place in civil society.

A year or so ago I got tapped to lead an all-too-brief center-right effort in Arizona to legalize gay marriage.  I cannot tell you how many Republican leaders and politicians came to me in private and thanked us for what we were doing, saying that the Republican party has to be saved from itself.  In the end, we eventually shut the effort down because prominent groups on the Left didn't want a center-right group to get any of the credit.  Some of them wanted the effort to go forward, but only if non-Leftists would bow out of the leadership group, and some said explicitly that they did not want the issue solved yet, because the Democrats wanted to flip Arizona blue in 2014 and 2016 and they needed the gay marriage issue to run on, knowing it was a way to pull otherwise libertarian leaning young people away from the Republicans.

Update:  I would add that opposition to gay marriage among Republicans also poisons young people to other Republican positions, such as smaller government and free markets (though this libertarian would argue that such Republican positions are often in name only, and not consistently followed, but that is another rant).   The biggest lie every person in this country is taught is that somehow Republicans and Democrats offer opposing and internally consistent positions on a political spectrum that only has two dimensions.  So if we don't know much about politics but KNOW Republicans have one really bad position, then the whole package must be bad and we should vote Democrat.  Which causes us to start self-justifying support for things like economic interventionism that we may not know much about but now is part of our team's position.

Sorry for the Site Downtime

For once, not a hosting issue.  Apparently a corrupted .htaccess file, since editing that file back to an older version seemed to fix things.

The Diamond Age

George R. R. Martin: Why Good Intentions Don't Necessarily Make For Good Rulers

Via Alex Tabarrok

A major concern in A Song of Ice and Fire and Game of Thrones is power. Almost everybody – except maybe Daenerys, across the waters with her dragons – wields power badly.
Ruling is hard. This was maybe my answer to Tolkien, whom, as much as I admire him, I do quibble with. Lord of the Rings had a very medieval philosophy: that if the king was a good man, the land would prosper. We look at real history and it’s not that simple. Tolkien can say that Aragorn became king and reigned for a hundred years, and he was wise and good. But Tolkien doesn’t ask the question: What was Aragorn’s tax policy? Did he maintain a standing army? What did he do in times of flood and famine? And what about all these orcs? By the end of the war, Sauron is gone but all of the orcs aren’t gone – they’re in the mountains. Did Aragorn pursue a policy of systematic genocide and kill them? Even the little baby orcs, in their little orc cradles?

In real life, real-life kings had real-life problems to deal with. Just being a good guy was not the answer. You had to make hard, hard decisions. Sometimes what seemed to be a good decision turned around and bit you in the ass; it was the law of unintended consequences. I’ve tried to get at some of these in my books. My people who are trying to rule don’t have an easy time of it. Just having good intentions doesn’t make you a wise king.

This Is Why Freaking Republicans Drive Me Crazy

From the WSJ

A little-noticed provision in a bill passed by the House this month calls for relying more on U.S.-flagged ships to deliver food aid to foreign countries—a change backed by labor groups and criticized by the White House.

The measure, tucked into a Coast Guard and maritime bill, would increase the proportion of food aid transported abroad on private ships flying the U.S. flag, which are required to employ primarily American mariners.

The Obama administration opposes boosting the requirement to 75% of food aid, in tons, from the current 50%, saying it would raise shipping costs by about $75 million a year—siphoning off funds that otherwise could be used to send food aid overseas.

Jeez, when President Obama of all people has to lecture you that protectionism and kowtowing to labor groups is costly, you have gone off the rails.   The Jones Act is one of the stupidest pieces of interventionist legislation on the books and the House should be working on its repeal to sort out the oil transport mess.  Instead, here are the Republicans in the House doubling down on it.  With so-called friends of capitalism doing this garbage, who needs enemies?  At least Progressives trash the economy without pretending that they are pro free market.

By the way, here is a bit from the Cato article on the Jones Act and oil and gas prices

First, the Jones Act - a 94-year-old law that requires all domestic seaborne trade to be shipped on U.S.-crewed, -owned, flagged and manufactured vessels – prevents cost-effective intrastate shipping of crude oil or refined products.  According to Bloomberg, there are only 13 ships that can legally move oil between U.S. ports, and these ships are “booked solid.”  As a result, abundant oil supplies in the Gulf Coast region cannot be shipped to other U.S. states with spare refinery capacity.  And, even when such vessels are available, the Jones Act makes intrastate crude shipping artificially expensive.  According to a 2012 report by the Financial Times, shipping U.S. crude from Texas to Philadelphia cost more than three times as much as shipping the same product on a foreign-flagged vessel to a Canadian refinery, even though the latter route is longer.

It doesn’t take an energy economist to see how the Jones Act’s byzantine protectionism leads to higher prices at the pump for American drivers.  According to one recent estimate, revoking the Jones Act would reduce U.S. gasoline prices by as much as 15 cents per gallon “by increasing the supply of ships able to shuttle the fuel between U.S. ports.”

Some of these costs could potentially be mitigated if it weren’t for the second U.S. trade policy inflating gas prices: restrictions on crude oil exports.  As I wrote for Cato last year, current U.S. law – implemented in the 1970s during a bygone era of energy scarcity and dependence – effectively bans the exportation of U.S. crude oil to any country other than Canada.  Because U.S. and Canadian refinery capacity is finite, America’s newfound energy abundance has led to a glut of domestic oil and caused domestic crude oil prices (West Texas Intermediate and Louisiana Light Sweet) to drop well below their global (Brent) counterpart.  One might think that this price divergence would mean lower U.S. gas prices, but such thinking fails to understand that U.S. gasoline exports may be freely exported, and that gasoline prices are set on global markets based on Brent crude prices.  As a result, several recent analyses – including ones byCitigroup [$], Resources for the Future and the American Petroleum Institute - have found that liberalization of U.S. crude oil exports would lower, not raise, gas prices by as much as 7 cents per gallon.

If You Love Net Neutrality, Then You Can't Complain About Lack of ISP Competition and Investment

Kevin Drum laments that net neutrality seems to be dead, as he puts it:

So Google and Microsoft and Netflix and other large, well-capitalized incumbents will pay for speedy service. Smaller companies that can't—or that ISPs just aren't interested in dealing with—will get whatever plodding service is left for everyone else. ISPs won't be allowed to deliberately slow down traffic from specific sites, but that's about all that's left of net neutrality. Once you've approved the notion of two-tier service, it hardly matters whether you're speeding up some of the sites or slowing down others.

At some level, this statement is silly.   Really, does Netflix and Gmail really need the same connection speed?  And by the way, it makes a lot of difference whether investment is to give more speed to certain websites beyond what the consumer gets now vs. slowing down all the non-payers.  What honest consumer could ever see these options as similar?  Trust a progressive to consider cutting down all the tall trees to be equivalent to raising the short trees.

But here is another thought - Drum is among those who frequently complain about his lack of ISP choices and the slowness of developing speedier service.  But if I am an ISP, do I really want to invest billions in extra bandwidth when the benefits of this investment will accrue 100% to companies like Netflix rather than myself? And don't be confused, studies have shown Netflix using a third of all Internet capacity during peak times.  (updated data here, showing Google and Netflix together using more than half the capacity).  This strikes me as a free rider problem that normally the Left would jump right on.

It's hard to guess how things will play out, but there is a case to be made that Netflix and others paying for the bandwidth they consume will be a huge boon to home ISP access.  A second stream of income to ISP's based on bandwidth and speeds may be just what is needed to revitalize that business.  Of course, monopoly providers could just drop the money to the bottom line without doing anything to their infrastructure, but I trust that Netflix and Google will have every incentive to pound the hell out of ISP's who don't actually invest.  They are not particularly happy about this extra expense, so if they pay it, they are gong to make damn sure they get the speed and bandwidth they promised.  We individual customers have in the past had little power to influence ISP's bandwidth and speed investments, but now we have powerful allies.

Don't Say I Didn't Warn You

I warned you that Cliven Bundy's ranch was the wrong hill to fight on over property rights and the role of government ownership on western lands.  And I was right.

This kind of thing should not come as a surprise.  This is a guy who simply did not want to pay his rent, and used the catch phrases of liberty to try to get sympathy.  I could find about a thousand far more sympathetic examples of folks screwed over by government land use regulations -- e.g. people whose puddle in the backyard is suddenly a wetlands that they can't build on.  But for some reason Conservatives all rushed to pile on this one example.  Stupid.  The media can probably be counted on to hide the unsavory back stories of Occupy Wall Street supporters, but there is no way they are going to do so for a "hero" of the right.   The BLM almost bailed Conservatives out of their stupid support for Bundy by their execrable on-site management of the raid, but Conservatives are now getting what they deserve for jumping in bed with this guy.

Problem Endemic To Public Parks Management

Glenn Reynolds is writing about colleges, but he could just as easily be writing about public parks:

Full-time administrators now outnumber full-time faculty. And when times get tough, schools have a disturbing tendency to shrink faculty numbers while keeping administrators on the payroll. Teaching gets done by low-paid, nontenured adjuncts, but nobody ever heard of an "adjunct administrator."

Replace "faculty" with "people actually working in a park" and administrators with "headquarters staff" and he has described the management of public parks exactly.  Most parks agencies are suffering from administrative bloat, with more people in headquarters than out in the field actually running parks.  When they have layoffs, it is always of field staff and not headquarters administrators.   In the parks world they will even ignore major maintenance needs in favor of making sure they have the funds to keep paying headquarters staff.

It is just absurd.  Of course, in my case, we make a business out of this.  We run public parks, and have 300 field employees actually in the parks and 2 in headquarters.  It allows us to cut costs while simultaneously doing a better job.

The Effect of the Black Death on Labor and Grain Prices

Long time readers will know that if I were asked to relive my life doing something entirely different, I would like to try studying economic history.  Today, in a bit of a coincidence, my son called me with a question about the effect of the Black Death in Europe on labor and grain prices ... just days after I had been learning about the exact same part of history in Professor Daileader's awesome Teaching Company course on the Middle Ages (actually he has three courses - early, high, late - which are all excellent).

From the beginning of the 14th century, Europe suffered a series of demographic disasters.  Climate change in the form of the end of the Medieval warm period led to failed crops and several years of famine early in the century.  Then, later in the century, the Black Death came... over and over, perhaps made worse by the fact that Europeans were weakened already from famine.  As a result, the population of Europe dropped by something like half.

It is not entirely obvious to me what such a demographic disaster would do to prices.  Panic and uncertainty usually drive them up in the near term, but what about after that?  Both the supply and demand curves for most everything will be dropping in tandem.  So what happens to prices?

In the case of the 14th century, we know the answer:  the price of labor rose dramatically, while the price of grain dropped.  The combination tended to bankrupt the landholding aristocracy, who went so far as to try to reimpose serfdom to get their finances back in balance (some things never change).  The nobility pretty much failed at this in the West (England, France) and were met with a series of peasant revolts.  They generally succeeded in the East (Germany, Poland, Russia) which is why a quasi-feudal agricultural system persisted so long in those countries.

But why?  Why did grain price go down rather than up?  Why did labor go in the opposite direction?  I could look it up, but that is no fun.

A first answer, which does not satisfy

People who think of all of the middle ages as "the dark ages" miss the boom that occurred between 1000-1300.  Population increased, and technology advanced (just because this technology seems pedestrian to us, like the plow harness for horses or the stirrup, does not make it any less so).  It was the only time between about 300 and 1500 when the population was growing (a fact we climate skeptics will note coincided with the Medieval warm period).

But even without the setbacks of the 1300's, historians probably would argue that Europe was headed for a Malthusian collapse no matter what in the 14th century.   An enormous amount of forest had been cleared and new farmland created, such that by 1300 some pretty marginal land was being farmed just so Europe could barely keep up with demand.  At the margin, really low productivity land was being farmed.

So if there is a sudden 50% population cut, then that means that all that marginal farm land will be abandoned first.  While the number of farmers would be cut in half, production would be reduced by less than half because presumably the least productive farms would be abandoned first.  With demand cut by half and production cut by less than half, prices would fall for grain.

But this doesn't work for labor.  The same argument should apply.  To get everyone fed, we would actually need less than half the prior labor force because they would concentrate on the best land.  Labor prices should fall in this model as well, but in fact they went up.  A lot.  In fact, they went up not by a few percent but by multiples, enough to cause enormous social problems across Europe.

A second answer, that makes more sense

After thinking about this for a while, I came to realize that I had the wrong model for the economy in my head.  I was thinking about our modern economy.   If suddenly, say, online retailing reduces demand for physical stores dramatically, people close stores and redeploy capital and labor and assets to other investments in other industries.  That is how I was thinking about the Middle Ages.

But it may be more correct to see the Middle Ages as a one product economy.  There was agriculture, period.  Everything else was a rounding error.

So now let's think about the "farmers" in the Middle Ages.  They are primarily all the 1%, the titled nobility, who either farm big estates with peasant labor or lease large parts of their estates to peasants for farming.

OK, half the population is suddenly gone.  The Noble's family has lots of death but someone is still around to inherit.  They have a big estate where growing grain supports their lifestyle as well as any military obligations they may have to their lord (though this style of fighting with knights on horseback supported by grants of land is having its last hurrah in the 100 years war).

Then grain prices collapse.  That is a clear pricing signal.  In the modern economy, that would tell us to get out and find a new place for our capital.  So, as Lord Coyote of the Castle Aaaaargh, I am going to do what, exactly?  How can I redeploy my capital, when it is essentially illiquid?  I can't sell the family land.  And if I did, land prices, along with grain prices and the demographic collapse, are falling through the floor.  And even if I could sell for cash, what would I do for a living?  What would I reinvest the money in?  Running an estate is all I know.  It's all anyone knows.  I have to support myself and my 3 mistresses and my squires and my string of warhorses.

All I can do is try to farm the land I have always farmed.  And everyone else does the same.  The result is far more grain than anyone needs with the reduced population, so prices fall.   But I still need the same number of people to grow the food, irregardless of the price it fetches, but there are now half as many workers available so the price of labor goes through the roof.  When grain demand collapsed, there was no way to clear the excess capacity.  It turns out everyone had a nearly vertical supply curve, because irregardless of price, they had nothing else they could do with their time and money.  You can see now why they tried to solve their problem by reimposing serfdom (combined with price controls, a bad idea for Diocletian and for Nixon and everyone in between).

Of course, nothing is stuck forever.   One way capacity cleared was through the growth of the bureaucratic state over the next 2 centuries.  Nobles eventually had to find some new way to support themselves, and did so by taking jobs in growing state bureaucracies.  They became salaried ministers rather than feudal knights supported by agriculture.  At the same time, rising wealth among the 99% non-nobility allowed kings to support themselves through taxes rather than the granting of fiefs, which in turn paid for the nobility to take jobs in the bureaucracy and paid for peasant armies with guns and bows that replaced the lords fighting on horseback.  So in the long term, the price signal was inordinately powerful -- so powerful it helped reshape much of European government and society.

By the way, if you are reading this expecting some point about modern politics, sorry.  Just something I was thinking about and it helped to write it down.  Comments are appreciated.  I still have not cribbed the answer from the history texts yet.

Education and Affirmative Action and "Diversity"

I don't really have much to say about today's Supreme Court decision on affirmative action.  Given that there were 4 different opinions written, the whole issue seems to still be in much dispute.  The continuing Court opinion is, I think, that affirmative action is legal (but as expressed today, not required) in education to address diversity and other goals.

My only thought on this is one I have had a long time about colleges and diversity.  Universities are, if anything, institutions based on ideas and thought.  So it has always been amazing to me that university diversity programs focus not on having a diversity of ideas, but on have a diversity of skin pigment and reproductive plumbing.  In fact, if anything, most universities seem to be aspiring towards creating an intellectual monoculture.  Diversity of opinion, of politics, and of general outlook among prospective students are not even decision-making variables in any educational institution I know of.  And within the faculty, many institutions seem intent on purging from their ranks any single voice that diverges from the majoritarian view.  I could have probably found more diversity of political opinion in a 19th century London gentleman's club than I can today in many campus faculties.

App Addictions of the Day

My kids are working to waste large swathes of my time by introducing me to addictive games

2048, via my daughter

QuizUp, via my son

Those are the quickies.  For more serious gaming on the iPad, I have been playing a bunch of euro-style board game ports, including Lords of Waterdeep, Agricola, Eclipse, Dominant Species, Small World, Ticket to Ride.    All recommended.  I have heard rumors of iOS apps for Dominion and 7 Wonders, two of my current favorite board games, but I have seen anything appear.  Board Game Geek has an iOS blog (beware, the format is uglier than a geocities page).  I downloaded Pandemic but have not played it.  There are also ports of Carcasonne and Settlers of Catan but neither of those are my favorites.

I have also enjoyed the port of Baldur's Gate II to the iPad.  This is still, perhaps with Neverwinter Nights 2, the best AD&D rules RPG for the computer.  The only problem with Baldurs Gate is the graphics on the PC are dated, but they work fine on the iPad.  I downloaded a Master of Orion port the other day but have not tried it yet.

But for REAL time wasting, I look forward to this fall when there is apparently a new version of Civilization / Alpha Centauri coming out.  Trying to have my desk cleared before then.

Climate Alarmists Coming Around to At Least One Skeptic Position

As early as 2009 (and many other more prominent skeptics were discussing it much earlier) I reported on why measuring ocean heat content was a potentially much better measure of greenhouse gas changes to the Earth rather than measuring surface air temperatures.  Roger Pielke, in particular, has been arguing this for as long as I can remember.

The simplest explanation for why this is true is that greenhouse gasses increase the energy added to the surface of the Earth, so that is what we would really like to measure, that extra energy.  But in fact the vast, vast majority of the heat retention capacity of the Earth's surface is in the oceans, not in the air.  Air temperatures may be more immediately sensitive to changes in heat flux, but they are also sensitive to a lot of other noise that tends to mask long-term signals.    The best analog I can think of is to imagine that you have two assets, a checking account and your investment portfolio.  Looking at surface air temperatures to measure long-term changes in surface heat content is a bit like trying to infer long-term changes in your net worth by looking only at your checking account, whose balance is very volatile, vs. looking at the changing size of your investment portfolio.

Apparently, the alarmists are coming around to this point

Has global warming come to a halt? For the last decade or so the average global surface temperature has been stabilising at around 0.5°C above the long-term average. Can we all relax and assume global warming isn't going to be so bad after all?

Unfortunately not. Instead we appear to be measuring the wrong thing. Doug McNeall and Matthew Palmer, both from the Met Office Hadley Centre in Exeter, have analysed climate simulations and shown that both ocean heat content and net radiation (at the top of the atmosphere) continue to rise, while surface temperature goes in fits and starts. "In my view net radiation is the most fundamental measure of global warming since it directly represents the accumulation of excess solar energy in the Earth system," says Palmer, whose findings are published in the journal Environmental Research Letters.

First, of course, we welcome past ocean heat content deniers to the club.  But second, those betting on ocean heat content to save their bacon and keep alarmism alive should consider why skeptics latched onto the metric with such passion.   In fact, ocean heat content may be rising more than surface air temperatures, but it has been rising MUCH less than would be predicted from high-sensitivity climate models.

Peoria Mayor Jim Ardis, It is Now Past Time to Google "the Streisand Effect"

The Peoria, IL mayor used the city police to raid and shut down the owners of a Twitter account that mocked the mayor.  The original twitter feed probably had about 12 followers when it was shut down.  I suggest that it is now past time for him to Google the "Streisand Effect"

Streisand_Estate

Too bad she didn't have a police force.

Update:  Told you so.  Popehat has a go

 

Wherein I Almost Agree With Thomas Friedman on a Climate Issue

Thomas Friedman outlines what he would do first to attack climate change

Well, the first thing we would do is actually slash income taxes and corporate taxes and replace them with a carbon tax so we actually encourage people to stop doing what we don't want, which is emitting carbon, and start doing what we do want, which is hiring more workers and getting corporations to invest more in America.

Friedman is a bit disingenuous here, as he proposes this in a way that implies that deniers (and probably evil Republicans and libertarians) oppose this common sense approach.  Some may, but I would observe that no one on the alarmist side or the Left side of the aisle is actually proposing a carbon tax that 1:1 reduces other taxes.  The only person I know who has proposed this is Republican Jeff Flake, who proposed a carbon tax that would 1:1 reduce payroll taxes.

As I said back then, I am not a big fan of taxes and think that the alarm for global warming is overblown, but I could easily get behind such a plan.  Payroll taxes are consumption taxes on labor.  I can't think of anything much more detrimental to employment and economic health.  So Flake's proposed shift from a consumption tax on labor to a consumption tax on carbon-based energy sources is something I could get behind.  I probably would do the same for Friedman's idea of shifting taxes from income to carbon.  But again, no one is proposing that for real in Congress.  The only plan that came close to a vote was a cap and trade system where the incremental payments would go into essentially a crony slush fund, not reduce other taxes.

Of course, since this is Friedman, he can't get away without saying the government should invest more in infrastructure

 the federal government would borrow money at almost 0 percent and invest it in infrastructure to make our cities not only more resilient, but more efficient.

In TARP and the stimulus and various other clean energy bills, the government borrowed almost a trillion dollars at 0% interest.  How much good infrastructure got done?  About zero.  Most of it just went to feed government bureaucrats and planning studies or ended up as crony payments to well-protected entities (Solyndra, anyone?).  The issues with government infrastructure investments, which Friedman has never addressed despite zillions of articles on infrastructure, are not the borrowing rate but

  • The incentive and information problems the government has in making investments of any sort.
  • The vast environmental, licensing, and NIMBY factors that make it virtually impossible to do infrastructure projects any more, at least in any reasonable time frame.

College Tours Summarized in One Sentence

The WSJ has an editorial on college tours, wherein they talk about the sameness (and lameness) of most college tours.

Most colleges offer both an information session and a tour.  We always found the tour, given by students, more useful than information sessions given by the admission department.  I came to hate the information sessions in large part because the Q&A seems to be dominated by type A helicopter parents worried that Johnny won't get into Yale because he forgot to turn in an art project in 3rd grade.

My kids and I developed a joke a couple of years ago about information sessions, in which we summarize them in one sentence.  So here it is:

"We are unique in the exact same ways that every other college you visit says they are unique."

Examples:  We are unique because we have a sustainability program, because we have small class sizes, because our dining plans are flexible, because we don't just look at SAT scores in admissions, because our students participate in research, because our Juniors go abroad, etc. etc.

There you go.  You can now skip the information session and go right to the tour.  Actually, there is a (very) short checklist of real differences.  The ones I can remember off hand are:

  • Does the school have required courses / distribution requirements or not
  • Is admissions need blind or not
  • Is financial aid in the form of grants or loans
  • Do they require standardized tests or not, and which ones
  • If they do, do they superscore or not
  • Do they use the common app, and if so do they require a supplement
  • Do they require an interview or not

My advice for tour givers (and I can speak from some experience having gone on about 20 and having actually conducted them at my college) is to include a lot of anecdotes that give the school some character.   I particularly remember the Wesleyan story about Joss Whedon's old dorm looking out over a small cemetery and the role this may have played in the development of Buffy the Vampire Slayer.

The biggest fail on most tours is many don't show a typical dorm room, the #1 thing the vast majority of prospective admits want to see.

Bundy Ranch the Wrong Hill for Libertarians to be Dying On

Here is something I find deeply ironic:  On the exact same day that Conservatives were flocking to the desert to protest Cliven Bundy's eviction from BLM land, San Francisco progressives were gathering in the streets to protest tenant evictions by a Google executive.   To my eye, both protests were exactly the same, but my guess is that neither group would agree with the other's protest.  I think both protests are misguided.

In the case of Cliven Bundy, I agree with John Hinderaker, right up to his big "But...."

First, it must be admitted that legally, Bundy doesn’t have a leg to stand on. The Bureau of Land Management has been charging him grazing fees since the early 1990s, which he has refused to pay. Further, BLM has issued orders limiting the area on which Bundy’s cows can graze and the number that can graze, and Bundy has ignored those directives. As a result, BLM has sued Bundy twice in federal court, and won both cases. In the second, more recent action, Bundy’s defense is that the federal government doesn’t own the land in question and therefore has no authority to regulate grazing. That simply isn’t right; the land, like most of Nevada, is federally owned. Bundy is representing himself, of necessity: no lawyer could make that argument.

It is the rest of the post after this paragraph with which I disagree.  He goes on to explain why he is sympathetic to Bundy, which if I may summarize is basically because a) the Feds own too much land and b) they manage this land in a haphazard and politically corrupt manner and c) the Feds let him use this land 100 years ago but now have changed their mind about how they want to use the land.

Fine.  But Bundy is still wrong.  He is trying to exercise property rights over land that is not his.   The owner gave him free use for years and then changed its policy and raised his rent, and eventually tried to evict him.  Conservatives and libertarians don't accept the argument that long-time tenancy on private land gives one quasi-ownership rights (though states like California and cities like New York seem to be pushing law in this direction), so they should not accept it in this case.   You can't defend property rights by trashing property rights.   Had this been a case of the government using its fiat power to override a past written contractual obligation, I would have been sympathetic perhaps, but it is not.

I would love to see a concerted effort to push for government to divest itself of much of its western land.  Ten years ago I would have said I would love to see an effort to manage it better, but I feel like that is impossible in this corporate state of ours.  So the best solution is just to divest.  But I cannot see where the Bundy Ranch is a particularly good case.  Seriously, I would love to see more oil and gas exploration permitted on Federal land, but you won't see me out patting Exxon on the back if they suddenly start drilling on Federal land without permission or without paying the proper royalties. At least the protesters in San Francisco likely don't believe in property rights at all.  Conservatives, what is your excuse?

I suppose we can argue about whether the time for civil disobedience has come, but even if this is the case, we have to be able to find a better example than the Bundy Ranch to plant our flag.

Power of Geologic Forces

The footprints are cool.   But what really had an effect on me is how vividly this picture portrays the power of geologic forces (combined with time).  This wall of rock was obviously once horizontal.

click to enlarge

 

More pictures here.

Wherein I Have Another Great Product Idea Too Late

We increasingly use VRBO to find rental houses when we go on vacation.  The key transfer process seems to be the most awkward.  Either the owner or their representative has to meet you (a hassle for them) or they have an old style mechanical lockbox where a fixed combination opens the box and gives you the key.

All of this strikes me as both a hassle and tremendously insecure.  Most folks do not change their lockbox combinations very often, so I could probably go back to most of them today and get back in the house.  Also, since the owners tend to leave only one key, and my wife and I prefer to have two or three for us and the kids, we tend to go immediately to the local hardware store to make copies.

It would make a lot more sense to have an electronic combination lock whose combination changes automatically, over the Internet, with each rental.  I figured developing such a thing would be pretty easy and the first step I would take would be to try to cut a co-branding deal with VRBO, AirBNB, etc.  You can imagine something like "VRBO Secure" where a home owner would buy the lock via VRBO and would then get a little icon on their listing.

Unfortunately, as is usual with my product brainstorms, someone is already there.  But no one yet seems to have cut a co-branding deal with VRBO or airBNB.  Seems like that would be a win-win for both the lock company and the rental agency.go.

Everything Looks Like a Nail When You Have A Hammer

Kevin Drum quotes Hugo Dixon on the Greek recovery:

Greece is undergoing an astonishing financial rebound. Two years ago, the country looked like it was set for a messy default and exit from the euro. Now it is on the verge of returning to the bond market with the issue of 2 billion euros of five-year paper.

There are still political risks, and the real economy is only now starting to turn. But the financial recovery is impressive. The 10-year bond yield, which hit 30 percent after the debt restructuring of two years ago, is now 6.2 percent....The changed mood in the markets is mainly down to external factors: the European Central Bank’s promise to “do whatever it takes” to save the euro two years ago; and the more recent end of investors’ love affair with emerging markets, meaning the liquidity sloshing around the global economy has been hunting for bargains in other places such as Greece.

That said, the centre-right government of Antonis Samaras has surprised observers at home and abroad by its ability to continue with the fiscal and structural reforms started by his predecessors. The most important successes have been reform of the labour market, which has restored Greece’s competiveness, and the achievement last year of a “primary” budgetary surplus before interest payments.

Color me suspicious.  Both the media and investors fall for this kind of thing all the time -- the dead cat bounce masquerading as a structural improvement.  I hope like hell Greece has gotten its act together, but I would not bet my own money on it.

Anyway, that is a bit beside the point.  I found Drum's conclusion from all this odd:

If this keeps up—and that's still a big if—it also might be a lesson in the virtue of kicking the can down the road. Back in 2012, lots of commenters, including me, believed that the eurozone had deep structural problems that couldn't be solved by running fire drills every six months or so and then hoping against hope that things would get better. But maybe they will! This probably still wasn't the best way of forging a recovery of the eurozone, but so far, it seems to have worked at least a little better than the pessimists imagined. Maybe sometimes kicking the can is a good idea after all.

For those that are not frequent readers of his, I need to tell you that one of the themes he has been pounding on of late is that the US should not be worried about either its debt levels or inflation -- attempting to rebut the most obvious critiques of his strong support for more deficit spending and monetary stimulus.

I would have thought the obvious moral of this story was that austerity and dismantling all sorts of progressive labor market claptrap led to a recovery far faster than expected**.  But since Drum opposes all those steps, his  conclusion seems to be simply a return to his frequent theme that debt is A-OK and we shouldn't be worried about addressing it any time soon.

** I don't believe for a moment that Greece has really changed the worst of its structural labor market, regulatory,  and taxation issues.  This story gets written all the time about countries like, say, Argentina.  Sustained incompetence is not really newsworthy, which is likely one reason we get so few African stories.  They would all be like "Nigeria still a mess."  A false recovery story gives the media two story cycles, one for the false recovery and one for the inevitable sinking back into the pit.