Coyote Blog

I got this in the mail from the US EEOC:

EEO-1 filers should begin preparing to submit Component 2 data for calendar year 2017, in addition to data for calendar year 2018, by September 30, 2019, in light of the court's recent decision in National Women's Law Center, et al., v. Office of Management and Budget, et al., Civil Action No. 17-cv-2458 (D.D.C.).  The EEOC expects to begin collecting EEO-1 Component 2 data for calendar years 2017 and 2018 in mid-July, 2019, and will notify filers of the precise date the survey will open as soon as it is available.

As a reminder, the schedule 2 data is an order of magnitude increase in the amount of information the government wants on our employee's skin color and reproductive plumbing.  Instead of just asking for counts of employees by race and gender (a distasteful exercise every time I have to do it) but they want a hugely expanded amount of salary data for every race-gender combination.  As I wrote before:

Forget for a moment that the whole purpose of this rule is to provide litigation attorneys a database they can mine to legally harass businesses.  The reporting requirements here are incredibly onerous.  It takes the current EEO-1 (the annual exercise where we strive for a post-racial society by racially categorizing all of our employees) and makes it something like 15-20 times longer.  In addition, rather than simply "count" an employee as being on staff in a certain race-gender category, we now have to report their income and hours worked.  Either I will have to hire staff just to do this stupid report, or I will again (like with Obamacare) have to pay a third party thousands of dollars a year to satisfy yet another government reporting requirement.  This is utter madness.

Get this -- the report has 3600 individual cells that must be filled in.  And this is in addition to the current EEO-1 form, which also still has to be filled out.  The draft rule assumes 6-7 hours per company per year for this reporting.  They must be joking.

Making this worse, the email implies that they are going to demand retroactive data for 2017 and 2018, which is simply insane.  We pay an extra couple thousand dollars every year for extra payroll program functionality to be able to accommodate this madness, but certainly did not have it in place back in 2017.

A prior version of this article was published accidentally before it was complete.

I know I swore not to write about Tesla here and to confine myself to talking about Tesla on Twitter, but I can't help myself.  This is the company that is going to spawn a thousand business school case studies.  It is Enron but in the Internet Age with more transparency (or at least less sophistication in hiding their problems).

Over the weekend I re-read "The Smartest Guys in the Room" about the collapse of Enron.  I will admit I was an Enron fanboy at the time -- I drank the Kool-Aid and totally overlooked the problems.  I knew Jeff Skilling a little and worked for him on Enron when we were at McKinsey.  I believed he was brilliant and was doing what he said he was doing.  The crash of Enron took me years to accept, and only on my recent second reading of that book did I have the distance and objectivity to really understand it.  And I realized something else -- I was the same guy back then that I criticize today.  Skeptics of Tesla (including me) make fun of Tesla fanboys and their cult of Elon Musk and their belief of everything he says and their certainty he is the smartest guy in the room.  I understand them because I was that guy with Enron and Skilling.  Maybe Tesla is my chance to correct my past gullibility.

Anyway, just when I thought the story couldn't get any more dramatic (or weird), Elon Musk raises the bar.  Apparently Tesla is now only tangentially and largely irrelevantly an automobile manufacturer.  Instead, it is an autonomous ride-sharing company:

Citigroup and Goldman Sachs, who are underwriting Tesla’s latest effort to raise $2 billion in new funds, held a “broad investor call” on Thursday, where CEO Elon Musk and CFO Zach Kirkhorn answered brokers’ questions about their plans for the electric vehicle maker.

According to two invitees who attended the call, CEO Elon Musk talked up Tesla’s self-driving strategy right off the bat, expanding what he and other execs said at a recent event for investors that the company dubbed “Autonomy Day. ”

Musk confidently told investors on the call that autonomous driving will transform Tesla into a company with a $500 billion market cap, these people said. Its current market cap stands around $42 billion. He also said that existing Teslas will increase in value as self-driving capabilities are added via software, and will be worth up to $250,000 within three years.

This call was in the context of Tesla's offering this week of about $2 billion in new stock and convertible bonds.  The really interesting thing about the call:  Virtually 100% of the discussion on the call was about ride-sharing and autonomy, while neither word was even mentioned in the official written prospectus for the offering.

Before we can understand what the hell is going on here, and why Tesla is going all-in on a business it was barely talking about 60 days ago, we need to do some review.  I want to review where Tesla was last time I wrote about them, and also discuss new Tesla news and actions over the last 3-4 months.  From there, we will try to dissect what Elon Musk is doing.  TL;DR: I believe Musk is doing exactly what Jeff Skilling did at Enron, chasing new business strategies based on what stories he thinks will most likely goose the stock in the short term, rather than which strategies make the most sense in the long-term for his investors.

Where I was on Tesla at year end 2018

I had a lot of criticisms about Tesla's strategy towards the end of last year (here and here, for example).  But let me summarize some of the key points

• Tesla has taken what was already a risky entry into a capital-intensive industry and has made it even more expensive and risky by choosing to own both the dealer network and fueling networks for its cars -- this means it has to invest not only in auto manufacturing capacity but also in a world-wide network of sales and service centers and in a global network of charging stations
• Inexplicably, just as its production volume began ramping up in mid-2018 with the introduction of the mid-priced model 3, Tesla ramped down on its capital spending, R&D, and SG&A spending.  By the first quarter of this year, capital spending was no longer even keeping up with maintenance needs.  This was absolutely inexplicable for a growth company that has promised many new products in the near future (new coupe, semi truck, model Y crossover), all of which will need a plant and equipment to produce.  Further, Tesla slowed investment in its sales, service, and charging networks at the exact time its fleet size exploded, leading to a lot of customer dissatisfaction
• The decrease in these expenditures was likely tied to Tesla's hard to fathom (I seem to be searching for a lot of synonyms for "inexplicable")  decision not to raise capital last year.  Its stock was over $350 a share and it had huge momentum from its first two profitable and cash flow positive quarters.  By almost everyone's analysis, they should have raised $5 billion or more, which might have only created 10% dilution.  (Instead they waited until this week after a terrible quarter and after the stock had fallen to about $235 to raise just $2 billion, barely enough even to fill their accounts payable hole).
• Tesla and Musk claimed that the growth and performance of the 3rd and 4th quarters of 2018 were harbingers of the future and he extrapolated hockey sticks from these data points.  Skeptics like myself believe that this was merely a one-time bulge, that Tesla had sold through 2-3 years of demand in their order book in just 2 quarters, and that the first quarter would be a disaster now that the tank was dry.  In addition, Tesla has culled its order book of all the highest margin variants where it could actually make money, leaving what remained of the unfilled orders as low-margin variants it was barely worth selling.  [By the way, I figured none of this out on my own, and owe a lot to the great folks at $TSLAQ on Twitter, who bring a lot of free research to bear that made it easy to see these patterns].
• My admiration for Musk as having really shown the automobile world that electric cars can sell at high price points (and not as little sh*tboxes) and for his space entrepreneurship really ended with the SolarCity deal.  In that deal, Tesla shareholders overpaid for a failing business simply to bail out Musk and his family from a sinking ship.  The acquisition made absolutely no strategic sense and Tesla has done zero to try to develop it, and in fact has been slowly shutting it down from the moment it was purchased.
• Elon Musk has steadily lost any credibility he might have had by initiating product launches of products he claims are nearly ready for sale but never get introduced.  Tesla got a higher level of subsidy from California based on a single suspicious battery swap demo that has never been repeated or even discussed since.  Musk sold SolarCity to Tesla in part based on a flashy reveal of a solar shingle product that still has not seen the light of day.  Musk had a big reveal of the Tesla semi and started taking customer deposits but there are still no clear plans for its production.

What has happened at Tesla this year

• The first quarter of 2019 was a disaster, with deliveries down despite initiation of Model 3 sales in Europe.  Worse, since the Model 3 seems to be cannibalizing Model S and X sales, Tesla was not only selling fewer cars but its mix shifted to lower priced less profitable cars.  It lost an enormous amount of money, and only after the conference call with analysts about first quarter results did Tesla reveal that this loss would have been far worse without a huge sale of government EV credits
• Tesla burned a staggering amount of cash in the first quarter, and was forced to pay off nearly a billion dollars in debt when the stock price did not remain high enough for the debt to convert.  While Tesla's cash balance at the end of the quarter looked OK, there were two huge red flags. First, the cash barely covered a huge hole Tesla had in its net working capital.  Second, given the large number of vehicles Tesla sold in its end of quarter push in the last 2 weeks of the quarter, it appears that Tesla was nearly out of cash in Mid-March and perhaps days away from a default (analysis below).
• The Tesla financial statements still include a number of unexplained oddities, including a billion dollars of accounts receivable, or about 20% of quarterly revenues.  How does a company that demands payment in advance before delivery have 20% of its quarterly revenues tied up in receivables?
• Tesla announced, out of the blue, that it was closing all its retail stores and going online only.  Given the drop in demand for the quarter, it was a head-scratcher as to why eliminating the sales force was going to help.  The decision seemed to be almost off the cuff, as Tesla seemed surprised that they would still have to continue paying their expensive long-term mall leases.  After this was revealed, Tesla partially reversed the closure decision, but no one -- including their own retail folks -- seems to know what the plan is now.
• Tesla constantly fiddled with its prices and model lineup.  It cut prices several times, but also announced a small raise as well.  It eliminated certain options for cars, added new ones, and then reintroduced eliminated ones.  Even long-time Tesla watchers are confused about the model lineup today.
• Tesla continued to see an outflow of executive talent, including the exit of their very well-respected new General Counsel after just over one month on the job  (Mr. Buttswinkas returned to his old law firm and purged Tesla from his resume).  This seemed to parallel the rapid exit of an outside chief accounting officer last year who gave up millions of dollars to exit in just 60 days.
• April car deliveries stayed on the same pace as the first quarter -- ie, way worse than Tesla's guidance
• Elon Musk continued to get in trouble with the SEC, firing off production and sales guidance on Twitter that was different from Tesla's official published guidance.  Mr. Musk and Tesla are still guiding to a total delivery number for the next year that is well in excess of what most anyone else looking at the first four months believes is possible
• Tesla announced a reveal of their Model Y crossover that will not go on sale until at least the end of 2020.  Unlike past Tesla reveals, this one seemed hastily set up and the prototypes shown were weird.  They looked more like the existing Model 3 with a few modifications than a promised crossover that could incorporate a third row of seats.  Tesla asked customers to start making deposits (skeptics will argue that the whole point of the reveal was just to get some free financing from Tesla fanboys) but unlike past reveals, this one fell flat.  There was apparently little interest in making deposits, though Tesla (unlike with past products) has not revealed the deposit numbers.
• Lyft went public for over $20 billion and Uber is planning a $70+ billion IPO, despite having a history of negative earnings and promising investors they may not make money for 10 years (more on this in a minute)
• After the Model Y went nowhere, Tesla set up what they called "investor autonomy day."  Tesla outlined their strategy for creating a fleet of self-driving cars, and promised fully autonomous cars by the end of 2020.  With these fully autonomous cars, Musk promised that Teslas would become an appreciating asset in that they earned income for their owners as autonomous taxis when the owners were sleeping.  He also said Tesla would own a fleet of taxis itself, using off-lease model 3's for this purpose.
• As described at the top of the article, Tesla raised over $2 billion on verbal promises by Tesla (not echoed in the deal prospectus) that Tesla was soon to be a $500 billion autonomous taxi company

So what is Tesla doing?

Having written all of the above, I realize I have left so much out -- the product quality problems, the worker lawsuits, the autonomous driving deaths, the spontaneous car fires -- but I only have so much time.  If you are interested, @teslacharts on Twitter is a good place to follow Tesla from the skeptic side.  But given all this, what the hell is going on?  The following is my theory.

I think in the 3rd quarter last year, Elon Musk honestly believed that the huge ramp in sales and profits at Tesla represented Tesla permanently turning the corner.  He extrapolated from that growth and believed it would continue for years -- he did not see it as simply the one time working through of years of pent-up orders and demand.  As a result, he put off the capital raise he should have been doing, and instead had dreams of taking the company private and getting away from all the scrutiny by analysts and shorts that seem to irritate him.  Thus was launched the ill-considered "420" tweet when he claimed he had funding secured for a go-private transaction at $420 a share, when in fact this was an outright lie.  Once the SEC stepped in to investigate, a new funding round was almost impossible.

Then, in the first quarter, reality hit Tesla in the face.  For all their public optimism, Musk had to see that the demand he expected was not there and Tesla was likely running low on cash.  I think Musk had convinced himself the convertible bonds due in the first quarter would surely convert (and would have at the third quarter stock price) but now Tesla was doing the opposite of raising capital, it had to pay off debt.  Cash was going out the door and demand was weak.  What to do?

Musk has a demonstrated pattern that whenever he needs the stock price to be higher, or he needs to sell stock, or he needs some other kind of favorable financial outcome, he will do a new product demo. It worked for battery swap and the solar shingle and the model 3 and the semi, so it would work again.  The model 3 reveal had collected hundreds of millions of dollars of cash in the form of deposits.  That's what he needed now.  The problem is, they didn't have a prototype to show.  I believe Musk had the company hastily create a Model Y prototype built on top of a model 3.  It did not really have to work, it just had to be something he could talk about.  Interestingly, his VP of engineering quit at exactly this time, for reasons unknown -- was their some internal dissention about this Y prototype?

Anyway, the Model Y reveal was essentially a flop, and likely garnered few deposits.  Certainly not enough to fill in Tesla's growing cash hole.  And by Mid-March, Tesla may have been almost out of cash.  Tesla says it delivered half its vehicles for the quarter in the last 10 days of March, so about 31,500 were delivered in those hectic days.  At an average price of $50,000 each that would mean Tesla brought in nearly $1.6 billion in cash those last 10 days (this is conservative, may have been more if the average price was higher).  But they only had $2.2 billion at the end of the quarter, meaning Tesla was scraping bottom in mid-March, particularly since hundreds of millions of that cash is restricted and not supposed to be spent.

Somewhere in this period of March-April, after his usual product reveal trick with the Y did not work, I think Musk came to the conclusion that the Tesla car business as currently defined was not going to work.  Or, more accurately, it was never going to make enough money to support its sky-high stock valuation.  I have always said that Tesla would make a fine $10 billion niche car company, but nothing about it justifies a $50 or $60 billion valuation.  But at this point Musk can't accept a $10 billion company, even though that would ostensibly still leave him a very rich man.  But like Ken Lay at Enron, Musk has borrowed against at least half his Tesla stock and a falling stock price could lead to financial death by margin call (Musk, for some reason, also mortgaged all his multi-million dollar homes last December). His other investments are also struggling -- SpaceX has been unable to attract the capital it needs of late and Musk has poured a lot of money into the Boring company, an absolute embarrassment of a company that helps refute, in my mind, his "smartest guy in the world" rep.

As Musk looked around for a way to save the stock valuation, the Lyft and Uber IPO's must have had an influence.  Uber is losing as much money as Tesla and folks are talking about it IPO-ing at a market cap of $70 billion.  What if Tesla could call itself a ride-sharing company, only better.  Wouldn't that garner Tesla an even higher valuation?

So I see investor autonomy day and Musk's autonomy soliloquy on the capital raise call the other day as evidence that Musk has, in his mind, capitulated on auto manufacturing and has decided the way to keep Tesla's stock price up is to promise it will -- in just 20 months -- sell fully autonomous vehicles and be making tons of money selling taxi rides.  In other words, it is a robotaxi company that happens to be backward integrated into manufacturing the taxis.

I am skeptical for a number of reasons.

• This reeks of desperation and capitulation.  If Dell says they are going to reinvent themselves as a search engine, it's time to sell the company
• There is no evidence that Tesla can achieve full autonomy by end of next year and a lot of reasons to think they can't.  Most experts think full autonomy is decades away, and when they rank companies on their progress on autonomy, Tesla is usually near the bottom (e.g here).  Waymo and GM, the leaders, often go thousands of miles between driver interventions.  Tesla is hundreds of times worse.   Even over the short course at Investor Autonomy Day (where Tesla likely trained and practiced in advance) investors reported a driver intervention was needed.  Now imagine the same car with no driver.  In snow with the road markings obscured.  Driving through construction where new routes are confusingly marked off with cones.
• The basic business numbers Musk throws around are absurd.  Just as one example, he extrapolates from current ride-share prices and assumes Tesla will make a ton of money because they will get the same price but not pay the driver.  But this is crazy.  If Tesla suddenly throws a million taxis into the rideshare supply equation, rates are going to fall.  Already, since 2012, Uber reports its average fare per mile has been reduced by over half.  If everyday folks are having their cars drive autonomously at night to earn extra money, the fee per mile is going to be competed down close to the cost per mile of operating the vehicle (or even lower, since most folks underestimate their all-in cost per mile on their vehicle).  Musk is basically proposing to commoditize the market but still reap premium margins.  Not going to happen.

Warning

Note that this article is simply my analysis and in some cases my guesses.  I think the story holds together but I can be wrong.  I am short TSLA via put options but note that this is a modest investment that is a small percentage of my portfolio.  Tesla is a dangerous stock to short.  Right through the bad news, individual investors at RobinHood have been loading up on the theory they are buying the dip.  20,000 people added TSLA to their portfolio at RobinHood just AFTER the horrible first quarter report.  Be very careful

Bonus -- Tesla's Largest Mistakes

No matter what happens, Tesla will always be remembered as the company that brought EV's mainstream.  But like any tragedy, they have made some fatal mistakes.  This is my attempt to get out ahead of future business school cases and rank their largest mistakes:

1. The Model 3.  Tesla could have been a profitable luxury car maker but with the Model 3 tried to go for the low to mid end of the market.  But it does not have the manufacturing expertise or cost position (it assembles in California, for God sakes) to pull it off.  The quality problems it encountered have reduced its brand luster, and the volumes of cars have overwhelmed its service and charging networks.  Investments in the Model 3 have distracted it from real refreshes of its S and X and in fact the Model 3 has cannibalized those more profitable cars.  A higher end crossover would have been a better choice
2. No third party dealers.  Tesla chose to bring the sales and service function in house.  This was a mistake.  Not only did it eat up capital, but it robbed it of valuable marketing partners such as Penske that could have really helped its sales ramp.
3. No 2018 capital raise.  Rather than tweeting 420, Musk should have been raising capital based on its third quarter results.  The money was there to be had and Tesla needed it.  $5billion at least could have been raised with little dilution effect
4. SolarCity Purchase.  This was a complete sham to bail out the Musk family and friends.  Did absolutely nothing for Tesla except drain billions of valuable capital
5. In-house Manufacturing.  Musk often says he wants to be like Apple, but Apple is a design company.  It does not manufacture and for quite a while did not do its own retail.  Tesla would have been better off finding a manufacturing partner rather than manufacturing itself in the highest cost location in the country
6. No Charging Partner. I think Tesla had to build out its charging network at first to eliminate one of the greatest consumer barriers to purchasing an EV.  But they should be partnering to share the costs.  Instead, Tesla still thinks of its charging stations as a competitive moat.  But as other car makers form consortia for charging networks based on faster charging technologies, Tesla is stuck with an expensive network that needs upgrading.  Its more of an anchor now than a moat

2nd Bonus -- Another Musk parallel if you are tired of Enron comparisons

Even more than Skilling and Enron, the person Musk most reminds me of is Ferdinand de Lesseps, whose attempt at building a French canal in Panama ended in spectacular failure.  I highly recommend the book "Path Between the Seas" for folks who want the whole story.  When I have time, I may post on the parallels. I presume Tesla critic @ElonBachman would agree since he uses de Lesseps' picture as his twitter icon but I have never seen him discuss it.

This is one of those issues that really should surprise no one, but encroaching urbanization on surface temperature measurement stations can impose an upward bias to recorded temperatures, creating a false trend.  The increase in measured temperatures due to urbanization is easy to demonstrate -- my son and I did it as a junior high science project.

The NOAA has a paper out that confirms the effect on surface temperature measurement. By the way the UofA temperature station photo illustrating the photo was actually taken by yours truly, becoming the most circulated photo I have ever taken.  Here is the story.

In short, what happens is this.  Urban environments are hotter than the surrounding countryside, so temperatures in the city will be biased upwards from those in the country around it (you will often see this on the local weather when they contrast the city vs outlying areas).  This in and of itself does not necessarily corrupt the temperature trend.  However, if the city is growing -- say in the case of the UofA photo in the article which 100 years ago was in an huge open field -- then encroaching urbanization can bias the trend.

Even with these biases removed, it is important to note that there is still an upward trend in the surface temperature record, at least over the last 30 years (as there is in satellite temperature measurement which is not subject to this bias).  However, the total US surface trend may be overstated by a third to a half.  Climate scientists of the alarmist sort have one of two reactions to this:  1) There are urban heat island deniers, who deny it is an issue or has any effect on the temperature record; and 2) There are those who accept that it exists but claim it is accounted for by various statistical methods that look at multiple sites in one area.  The problem with this latter is that rather than actually remove the bias, it tends to smooth the bias like peanut butter across multiple stations.

Since most of the Democratic Presidential aspirants have come out in favor of at least studying reparations for slavery, I wanted to offer a common sense proposal.  I propose that slavery reparation be paid for by the single organization that had the most to do with the existence and protection of slavery in this country:  the Democratic Party.

The Democratic Party was unquestionably the party of slavery.  It defended the legality, even the morality, of slavery; it fought for the extension of slavery; and it passed laws like the fugitive slave act to keep slaves in bondage.  Every slaveholder or prominent defender of slavery you can name was a Democrat.  After slavery was banned over the opposition of Democrats, it was Democrats that crafted and ran the Jim Crow system.  As late as the 1960s it was Democrats who blocked the schoolhouse doors to blacks and who filibustered the Civil Rights Act and accounted for most of the no votes on that act.  And since Democrats are proposing these reparations, it is entirely within their control to make this happen without even an act of Congress.

Some might say that the Democratic Party and its members are different today and should not be punished for the past actions of previous generations of Democrats.  I used to naively think something similar -- that it was madness to even discuss reparations for people who are not even grandchildren of slaves paid for by people who are not even grandchildren of slave-holders.  I am certain my proposal makes may more sense than, say, taking the money from someone whose ancestors all lived in Germany until the late 19th century.

Apparently some environmental group put this together to shame (or perhaps violently target) these 100 companies but I read it completely differently.  I would treat this as a map of the top 100 heroes that help separate us from past millennia of subsistence misery.

This morning I fueled up my car for about $3.00 a gallon or about $2.63 before taxes.  That gasoline started as fuel miles below the ground, in some cases pumped from offshore platforms in a thousand feet of water.  It flowed in ships and pipelines perhaps for thousands of miles.  It was carefully broken down into fractions in a refinery and reformed almost molecule by molecule to meet the needs of drivers and regulatory authorities.   It was distributed in trucks to thousands of gas stations like mine.  In all, billions and billions of dollars of investment and 100+ years of human ingenuity were required to get it to my car.  And they sold it to me for 66 cents a quart or less than the bottle of water I bought at the same station.

The one major change I would make to the chart is in the bottom line, which says "Country sizes depict cumulative CO2 emissions from 1850-2011."  I would have said "Country sizes depict cumulative reductions in misery from 1850-2011" which, not coincidentally, map perfectly with cumulative CO2 emissions.

Most folks assume that global warming results in record high daily temperatures, but this is not necessarily the case.  When your local news station blames a high temperature record on global warming, they may be wrong for two reasons.

1.  Most of the temperature stations used by your local news channels for weather are full of urban heat island biases.  This is particularly true of the airport temperature that many local news stations use as their official reading (though to be fair UHI has much more effect on evening temperatures than temperatures at the daily high).
2.  Most global warming, at least in the US where we have some of the best records, does not occur during the day -- it occurs at night

The latter point is surprising to most folks, but as a result we are not seeing an unusual number of daily high temperature records set (many were set in the 1930s and still stand).  What we are seeing instead is a large number of record high low temperature readings.  This is confusing, but basically it means that the lowest temperature that is reached at nighttime is higher than it has been in the past.  The chart below is a bit dated but still holds:

When I give presentations I try to use examples from local data.  Here is the comparison of night time warming vs. day time warming in Amherst, MA.

I bring this all up again because Dr. Roy Spencer has done a similar analysis for the US from the relatively new AIRS database (a satellite-based data set that avoids some of the problems of land thermometer data sets like urban heat island biases and geographic coverage gaps).  He shows this same finding, that over 80% of the warming we have seen recently in the US is at night.

This is a bit over-complicated because it is looking at temperatures through different heights of the atmosphere when most of you only care about the surface.  But you can just look at the 0 height line to see the surface warming trend.  Note that in general the data is pretty consistent with the UAH lower-troposphere temperature (satellite) and the NOAA metric (ground thermometers).

No particular point except to highlight something that is poorly understood by most folks because the media never talks about it.

RL has been nutty of late, but I have a backlog of things I want to write about and will be back next week (barring any fresh disasters).

Bill rode Virginia all the way to the championship.  Congratulations.

A while back on Columbus Day I wrote this on Twitter:

This is not just a SJW thing -- Columbus's European contemporaries thought he was a horrible person. The problem is that Italian-Americans have adopted it as Italian pride day -- let them have it, and celebrate indigenous people day another day, maybe nov 29. https://t.co/jcrFFVHxvh

— Coyoteblog (@Coyoteblog) October 8, 2018

A lot of young SJW's just lump Italians in with white European men and treat them as privileged, but Italians and Irish were ethnic punching bags in this country for decades. They had real reasons to develop a pride day, and for good or for ill this is it.

— Coyoteblog (@Coyoteblog) October 8, 2018

I am reminded of this in a WSJ article I saw today about a lynching of Italian immigrants in New Orleans in 1891

New Orleans Mayor LaToya Cantrell will officially apologize Friday for the largest mass lynching in U.S. history. On March 14, 1891, the city of New Orleans became a charnel house as a mob of as many as 20,000 wantonly slaughtered 11 Italian-Americans. Some of the victims had been charged in the murder of a police chief, but the trials all ended in acquittal or mistrial. A gang descended on the jail where the men were being held, shot them to death, and displayed their bodies for the savage rabble outside. Southern belles in search of souvenirs dipped their lace handkerchiefs in the blood of the butchered Italians.

And the press cheered. The New York Times editorialized on March 16: “These sneaking and cowardly Sicilians, the descendants of bandits and assassins, who have transported to this country the lawless passions, the cut-throat practices, and the oath-bound societies of their native country, are to us a pest without mitigations.”

The Washington Post even extolled the killers as “cool-headed men, lawyers, doctors, merchants, and political leaders, all person of influence and social standing.”

Theodore Roosevelt, then a member of the U.S. Civil Service Commission, wrote to his sister Anna Roosevelt Cowles on March 21: “Monday we dined at the Camerons; various dago diplomats were present, all much wrought up by the lynching of the Italians in New Orleans. Personally I think it rather a good thing, and said so.”

The full name of Adam Smith's great work is "An Inquiry Into the Nature and Causes of the Wealth of Nations."  Even before we crack the spine of that book, we can learn a lot about that title.

Look at the title -- it might be a bit strange to modern eyes.  Because when we have inquiries today, it's generally on the opposite topic -- why are people still poor?  Most of us look around and see the incredible advancement of the modern economy and if we wonder anything, we wonder why some folks are still poor.

But in Adam Smith's day, human experience was far different.  Basically, the history of humanity to the year 1776 was that pretty much everyone was poor -- grinding, dangerous, subsistence poverty despite backbreaking labor -- and they had been so in a nearly unchanging way for millenia.  In Adam Smith's day, in the early days of the industrial revolution and increasing market-based commerce, the question was why are ordinary people -- people who aren't in ruling classes that just seize the wealth they have -- becoming wealthy.  At the time, the existence of wealth that existed without just looting it was what needed to be explained.

The fact that AOC and other modern admirers of socialism can fret about poverty is, as they imagine, attributable to capitalism, but not in the way they think.  Capitalism did not cause the poverty, it created the situation in which poverty is an issue with but a minority of the population (rather than essentially everyone).  Before capitalism, fretting about poverty would just have been fretting about .. the way things are for everyone.

It is worth a final note here to remind everyone that what we call "poor" today has pretty much nothing in common with what would be considered poor in Adam Smith's day, or at any other time in history.  The poor in America today -- whose major health problem is obesity! -- would be fabulously wealthy in any other pre-capitalist era.  One can even argue that the poor in America are better off than the poor in other supposed socialist paradises like Denmark, Sweden, or France.

Good!  One state down, 49 to go.

It is something you see all the time -- large companies asking to be regulated, at first glance against self-interest.  Those most interested in expansion of the government and the regulatory state will shout, "See!  Even large evil companies know they need to be subject to government oversight."

But in fact what is usually going on is that the large company knows that regulation will actually cement its position in the industry, making it harder for rivals and new entrants to compete.   Toy-maker Mattel turned a lead scandal of their own making into a coup by creating a regulatory framework that pounded its competitors.  Walmart and Costco often support minimum wage in retail legislation because they know that with their higher sales per employee, they can survive higher minimum wages than their smaller ma and pa competitors.

Mark Zuckerberg, who I am increasingly convinced is the most dangerous man in America, and his testimony to Congress begging for regulation, should be seen in this context.

So in Facebook’s case, they will advocate some institutionalized changes in the way social media should work. Every change will involve compliance costs. Facebook will make sure that it can comply...and that its competitors cannot without great expense. That will give them a distinct advantage in the marketplace, make it more difficult for startups to compete, and guarantee this platform a leading place by law.

This is why Mark readily agreed to be regulated. Regulations always work to the advantage of the largest market players....

Nor should this come as some sort of shock. This is the way government regulations have always worked, from the meatpackers in the early 20th century (who crafted and enforced meatpacking legislation), to all labor legislation (it’s labor-union lawyers who exercise the dominant influence) to Bitcoin regulations (the major exchanges are always involved) to digital technology today (no way are Google and Facebook going to be excluded from writing the regulations that govern their industries).

There is a civics-text myth that imagines government workers and politicians as all-knowing, crafting rules that benefit everyone as opposed to particular players. It imagines that major market players are suffering as government forces new rules that require their operations put greed on hold and serve the public. The on-the-ground reality is otherwise. There is not a single regulation on the books that does not have an author who is unattached in some way to the regulated industry in question.

Milton Friedman called this regulatory capture. The problem is the influence of industry is there from the beginning. It’s absolutely not the case that capitalists are champions of capitalist competition, as the career and policies of Donald Trump should make clear. Lots of people are good at using markets to make money; only very special people become defenders of open competitive processes.

Right now, Facebook faces massive competition from other platforms in social media, copycats, and alternative uses of people’s time. In some ways, it’s the best possible moment to call on government to institutionalize Facebook as a form of public utility. That might actually be the end game that Zuckerberg has in mind. Then the politicians can update their timeline status: today we passed regulations that brought this wayward company to heel.

Zuckerberg said from the very beginning that he was dismissive of individual privacy and he has created the Facebook honeytrap to kill it.  He now is setting his sights on free speech, begging the government to tear up the First Amendment.  He is a one-man individual rights wrecking crew.

Update:  I am actually going to include this from the Reason article about Mattel, because the situation is so similar -- a failing at a large company is used to create a regulatory framework that greatly aids the large company against rivals

Remember the sloppily written "for the children" toy testing law that went into effect last year? The Consumer Product Safety Improvement Act (CPSIA) requires third-party testing of nearly every object intended for a child's use, and was passed in response to several toy recalls in 2007 for lead and other chemicals. Six of those recalls were on toys made by Mattel, or its subsidiary Fisher Price.

Small toymakers were blindsided by the expensive requirement, which made no exception for small domestic companies working with materials that posed no threat. Makers of books, jewelry, and clothes for kids were also caught in the net. Enforcement of the law was delayed by a year—that grace period ended last week—and many particular exceptions have been carved out, but despite an outcry, there has been no wholesale re-evaluation of the law. Once might think that large toy manufacturers would have made common cause with the little guys begging for mercy. After all, Mattel also stood to gain if the law was repealed, right?

Turns out, when Mattel got lemons, it decided to make lead-tainted lemonade (leadonade?). As luck would have it, Mattel already operates several of its own toy testing labs, including those in Mexico, China, Malaysia, Indonesia and California.

So while most small toymakers had no idea this law was coming down the pike until it was too late, Mattel spent $1 million lobbying for a little provision to be included in the CPSIA permitting companies to test their own toys in "firewalled" labs that have won Consumer Product Safety Commission approval.

The million bucks was well spent, as Mattel gained approval late last week to test its own toys in the sites listed above—just as the window for delayed enforcement closed.

Instead of winding up hurting, Mattel now has a cost advantage on mandatory testing, and a handy new government-sponsored barrier to entry for its competitors.

With 3 games to play, we still have three possible winners. Jeff Charleston (if memory serves a long-time coyote bracket leader), Bill Pearson and DontFollowMyAdviceImADummy.  Best of luck to everyone

As a thank you to readers, get my novel and short stories on Amazon for free, at least in the kindle version.  Click on the image to go to the relevant Amazon page.

After engaging with my issues briefly within a couple of hours of my support request, Disqus has for 3 business days ignored all further communication from me to multiple email addresses.  Unfortunately, they do not seem to have any kind of support ticket tracking system.

As a reminder, 6 years of comments on thousands of posts, likely tens of thousands of comments have disappeared.  I do have a paid account so supposedly I am owed support.  I know a number of you expressed your frustration to me that years of your contributions have been lost and I will do everything I can to restore them.  I have the main corporate number at Disqus and will try that door if I still don't have any sort of response by tomorrow.

WeWork is a provider of work spaces for individuals and startup companies.  Unless I am missing something (and WeWork devotees are welcome to chime in) it is essentially a hipper rebranding of traditional small business office space and services companies like Regus (now IWG).

Currently, Regus / IWG has about $3 billion in annual revenue on which it makes something like a positive 5% net income margin and trades at a valuation of about 1x annual revenues.  WeWork is a private company, though is rumored to be IPOing soon.  It had $1.8 billion of revenue last year but lost $1.9 billion, meaning that it was basically selling $10 bills for $5 each with an negative net income margin of 105%.  Its last funding round was done at a $45 billion valuation, or 81 times 2018 revenue.  This valuation will likely go up in an IPO.

No real point here, except to say that I have not seen valuations this insane since the late 1990's.  What makes the examples of WeWork and Tesla perhaps even more incredible than examples in the 1990's is that the market is putting growth software valuations on bricks and mortar companies.  Oracle or Microsoft might have been expected to scale up easily and relatively cheaply, but scaling a real estate company takes a ton of money.  Not sure where the growth economy of scale is in office space.  And don't even get me started with the extrapolated growth projections here.  When the tech bubble bursts, WeWork is going to have a ton of grief on its hands, and unlike software companies it is not going to be able to slash SG&A by cutting payrolls.  It is going to be stuck in a lot of long term leases and mortgages that it can't break (just ask Tesla about that when they tried to cut SG&A by closing their stores).

PS-  As with Tesla and any number of other examples, many devotees of certain products hear criticism of the company's valuation as criticism of the company's product.  The two do not have to be related.  Grossly overvalued companies can still have products you might want to buy.  In fact, if WeWork is selling you a $10 product for $5, I would not be at all surprised if you are satisfied.

PPS-  This is not to say you can't make money in a bubble.  Careful, observant, and risk tolerant individuals can make money riding stocks up that they know are due for a crash some day.  Readers know that I believe Tesla is headed for a reckoning, but I am making money this week on short term calls I bought last week because I knew that Musk is going to pump the stock like hell last week and this week and pull forward every bit of volume he can into Q1 in a bid to save a dying growth story.  I bet the stock would ride up on early reports of this but fall off once financials are out and further when Q2 shows that the order books have been drained.  But this is risky, risky, risky.  It is a tiny piece of my investment portfolio and this sort of investing is but a hobby for me, a bar bet to determine if I have really come to understand how Elon Musk ticks.  Also, I am just a layman and not a professional so don't listen to me.

In the aftermath of the two Boeing 737MAX crashes:

For years, the FAA has allowed plane manufacturers to self-certify parts of the oversight process for new planes, called Organization Designation Authorization. This process, in which the aircraft manufacturer’s employees perform some of the safety tests and inspections with FAA oversight, reportedly saved the government body time and money.

That practice was examined at Wednesday’s Senate hearing.

Department of Transportation Inspector General Calvin Scovel III, who testified at the hearing, said the FAA will significantly change the oversight process for new aircraft by July. Speaking in vague terms, Scovel said that the changes would include new ways for the FAA to evaluate the self-certifying process.

Sen. Richard Blumenthal said that putting manufacturers in charge of their own safety audits was like putting “the fox in charge of the henhouse.” Saying he would introduce regulations to ban the practice of companies self-certifying, Blumenthal stated that “the fact is that the FAA decided to do safety on the cheap, which is neither safe nor cheap.”

A few reactions:

1. The fox in the henhouse analogy is not apt.  The fox wants to eat the chickens, whereas Boeing does not want to have airplane failures.  In fact Boeing is going to be paying out on a bunch of really big lawsuits, not only to families of the folks that died and the airlines that lost their planes but also to airlines that have had to change their flight schedules due to these issues.  Airbus sales people will use this story in their pitches until the end of time.  Regulation is not the only, or the most important, check on Boeing's behaviors.
2. That being said, aircraft regulation is a dumb hill for libertarians to die on.  This is just not that big of a deal.  Regulation and capital intensity has pretty much reduced choice in large aircraft to two companies and that will not likely change no matter what extra regulatory hoops are added.  Aircraft are a bit more expensive and spare parts are way more expensive due to our regulatory regime, but I don't think there is a public constituency for making a different trade-off.
3. Whatever the regulatory environment, it is unlikely to actually catch more failures of this sort in the future.  Regulators are notoriously bad at this sort of thing (see: US financial system).
4. I did engineering failure analysis early in my working career and my experience is that this sort of multiple stacked failure -- lack of pilot training for a bad software response based on a failed piece of instrumentation that was not reported as needing maintenance -- is hard to predict.  What will happen now in addition to some software fixes will be more mandatory training on this particular subsystem and likely a requirement that the specific piece of instrumentation involved needs to have redundancy.  At best we should hope they will also do a review of other instrumentation failures that might lead to a flight control issue and consider redundancy or software changes.  But there's always the problem of failure of imagination, the best dramatization of which is in the fabulous From the Earth to the Moon episode on Apollo 1.

We got 72 entries this year, which is pretty good given that I got started late setting it up and promoting it.  Many contestants eschewed the obvious choices -- for example only a third picked Duke to win and barely half had Duke getting to the Finals.

Robert in Chicago is in the lead, but many are close.  The scoring system favored picking upsets but there just were not that many big upsets in the first 2 rounds

But 42 different people still have a chance to win, including all the top 20 and 20+ more besides.

Good luck to everyone this weekend.  You can see all the rankings at https://www.pickhoops.com/tslatslaq/

I have not really written on Brexit here, for a couple of reasons.  First, I am not at all informed about the issues, so it is hard to pontificate intelligently.  Second, I am torn because, were I British, I likely would have supported Brexit but for completely different reasons than many others.

My understanding is that many folks (in a parallel with Trump voters in the US) voted for Brexit out of fear of global free trade and immigration, both of which I support.  I, on the other hand, would have voted for Brexit to shed the absurd, overreaching EU regulatory state.  So I likely would have supported it, but don't want to be counted among modern anti-global nationalists.

But if you want to see the type of BS that would have driven me into the arms of the Brexit camp, this is it.

he European Parliament’s approval of the Copyright Directive today is the end of the internet as we know it. This new regulation creates substantial new controls on what we can share online which threaten freedom of expression, undermine creativity, and cement the dominance of technology giants.

The Copyright Directive will create two internets. The first, a heavily censored version for European users, including filters to prevent you from uploading content. The second, a free internet where creativity is encouraged, for everyone else.

The directive represents everything that’s wrong with the EU’s policymaking process. It was written at a substantial distance from Europeans, heavily influenced by lobbyists and national compromises. There is a serious lack of accountability.

By the way, I would have had completely the opposite instincts than President Obama during Brexit.  The day Brexit passed, as President I would have immediately announced to Britain that if they were leaving the EU's common market, they were welcome to join one with the US and would have sent a trade envoy over that day.  Instead, President Obama did nothing but threaten and scold Britain for trying to get out from under the EU's regulatory umbrella.

A while back I wrote that the Mona Lisa was easily the most disappointing art experience of my life (I believe I put the viewing of Seurat's Grande Jatte on the other end as exceeding expectations.)  If you are not sure why I dinged Da Vinci's lady so harshly, see this.

Watching this scene as she does every day, I now understand her smile.

I sent in a support request to Disqus reporting that Disqus comments exist for posts from the last 2 months but have disappeared for posts from 2012 up to a couple of months ago -- tens of thousands of comments missing.  And the comment box is not even showing up on the posts.  I sent a link to an example post both with and without comments and they responded:

We'd be happy to take a closer look into this, kindly forward us both of the following:
-text of a missing comment;
-link to the page on which the comment should be.

Obviously this is not responsive.  I can't send the text of a comment I don't have.  Thinking that maybe by support request had not gone through completely I resent the request:

I am not communicating well. There is not a particular comment missing. I had between 5 and 100 comments on every single post from 2012 through February 2019 at coyoteblog.com, all with Disqus, and they are all gone. Even the comment links are gone

Here is a recent one that still has comments: https://coyoteblog.com/coyote_blog/2019/03/an-incredible-crony-mess-in-maryland.html

Here is a random one from the past that had over 100 comments and they are all gone: https://coyoteblog.com/coyote_blog/2018/11/i-have-totally-lost-the-thread-here-based-on-what-we-know-now-someone-please-make-the-case-for-me-on-trump-russia-election-collusion.html

this same is true for literally thousands of posts that until recently had disqus comments but now have no comments at all

By the way, between these two posts and all others, they use the same template, code, add-ins, everything.

They answered:

If you give us an example comment, we would have a better idea of what is causing the broader issue across your site.

For folks old enough to remember the program, this is like talking to Eliza.  So I wrote back

How can I give you an example when they are all gone?  Just to be clear, it is not a comment I made that disappeared.  I run the blog coyoteblog.com and it is all the comments of my readers that have disappeared.
Please, go to this link:  https://coyoteblog.com/coyote_blog/2019/01/update-on-tesla-from-the-conference-call-today.html.  Do you see comments?  There were over 100 comments on disqus on this post, now they do not show up at all.  Ditto every post over the last 6 years except for posts over the last 2 months.  Please, rather than sending me these automated replies that don't actually address the issue, compare the comments section of the two post links I sent you.  One has comments on disqus, the other has them all disappeared.

For some reason all comments from about 2012 when I started on Disqus to this February are missing.   There are not even comment links.  Sigh, I apologize for the loss to all those who took the time to participate in the conversation and I have ponied up for a paid Disqus membership to try to get some support and see if its fixable.

If you want to see your socialist future, look no further than this mess in Maryland, hat tip to Overlawyered.  Absolutely nothing in this looks like free market capitalism, from the dueling subsidies to the threat by Baltimore to actually seize a business for the crime of trying to move out of their dysfunctional city.

Baltimore Mayor Catherine Pugh sued the owners of Pimlico Race Course in hopes of blocking them from moving the Preakness Stakes or using state bonds to fund improvements at Laurel Park.

In a lawsuit filed Tuesday in Baltimore Circuit Court, Pugh, on behalf of the city, also asks the court to grant ownership of the racetrack and the race to the city through condemnation....

Citing The Baltimore Sun’s reporting, the lawsuit asserts that since 2011, Stronach has “systematically underinvested in Pimlico and invested instead in the Laurel Racetrack.”

Stronach has spent the majority of the state aid it receives for track improvements on Laurel Park for the past several years.

“Through the systemic divestment of Pimlico, Defendants could indeed manufacture an ‘emergency or disaster’ to justify transfer of the Preakness to Laurel, as undermaintained infrastructure begins to fail and crowds attending Pimlico races and the horses racing there are endangered,” the lawsuit states.

Moving the race or shuttering the track would harm the Park Heights and Pimlico neighborhoods around the track, which are significantly poorer than Laurel and Bowie, the lawsuit states.....

Stronach Group officials previously pledged to keep the Preakness at Pimlico through 2020. The 2019 race is planned for May 18.

But they also have made clear that they plan to invest in Laurel Park in Anne Arundel County, in hopes of building a “super track” that could attract a high-profile race such as the Breeders’ Cup.

To accomplish that, Stronach is backing legislation in the General Assembly that would allow the Maryland Economic Development Corp. to issue $80 million worth of bonds to pay for improvements at Laurel and an additional $40 million in bonds for its Bowie Training Center. The bonds would be paid back with money from the state’s Racing Facilities Renewal Fund, which is funded by a portion of slot machine proceeds....

If the court awards ownership of the track and the Preakness to the city, “These properties will be used to continue their historic role in the cultural traditions of Baltimore City, to foster employment and economic development in Baltimore, and in particular in the Park Heights Urban Renewal jurisdiction, as well as to protect the health and safety of the people attending the Preakness and other Pimlico events, as well as the employees and horses working there,” the city wrote in the lawsuit.

All of this is set against the backdrop of horse racing being a dying business.  This almost reminds me of the end days in Atlas Shrugged when rival local governments are fighting over a last, soon-to-close factory.

By the way, the article mentions the poorer Park Heights and Pimlico neighborhoods.  Now, I am not familiar with these parts of Baltimore, but let me venture it is insane to base your local economic development on a business (the Pimlico race course) that has racing just 12 days of the year over a single 3 week period in May (the rest of the time I believe it's just an oversized OTB parlor).  Just about any other business in that space would likely be healthier for Baltimore.

This is a classic case of politicians destroying economic progress by forcing sub-optimal resource investment.  I have observed that politicians love subsidizing the hell out of these high-profile single day businesses.  The Fiesta Bowl in the Phoenix area is another good example.   Look at how much politicians bend over backwards to get a Superbowl, which is at best one day out of every 5 or 6 years.   I am still trying to formulate a theory as to why, but a few elements likely include:

• Local political leaders get treated as a king-for-a-day at these events.  They get interviewed by national media, they hobnob with stars, they get special seats and boxes at the event
• Politicians want bullet points and sound bytes for their elections and these events are more widely visible to and understood by voters than the nuts and bolts of real economic prosperity.  A seen and unseen type thing.  From a politician's point of view, even massive unseen prosperity is useless to them.
• These events act as short-live but meaningful subsidies to a variety of powerful local interests such as hotel owners

Henry Payne, a cartoonist featured on many of the libertarian sites I read and a writer for the Detroit News, was a classmate of mine at Princeton.  Every year he creates a new birthday card that my class sends out to all of us on our birthdays.  I kick myself for not saving them all, but I am not really a keepsake kind of guy.  Here is the one for this year:

The Daily Mail claimed that this grammar test is so hard no one will get more than 10 or 20 right.  That is absurd, I nailed them all (yes, I have lots of grammatical mistakes in this blog because I am a sucky and indifferent proof-reader, not because I don't know what's correct).

That has to be just click bait or some sort of self-esteem reinforcement process.  The only other explanation is that there really has been a divergence between going to school/college and education.

via Maggie's Farm