Coyote Blog

Having now been to my first Comic-con International conference in San Diego, I have come up with a new official T-shirt for the event.  It will say on the front, "What is this line for?"

That was the question on everyone's lips.  No matter where you went, either in the exhibit hall or in the meeting room area or outside, there were lines everywhere.  There were lines for giveaways.  There were lines to get in rooms.  There were lines for autographs.  There were even lines to get tickets to have a preferential place in a line later.   One line, for the largest theater that had the hottest programming, was over a mile and a quarter long, with people lined up overnight to get in.  There were so many lines it was often unclear what lines were for.  Five people could likely start a line randomly by simply standing in line at some random spot and people would start getting in behind them.

I have decided that the origin of the word Comic-Con is not actually from Comic-Convention but in fact is actually a corruption of COMECON.  It is an organization that has embraced the old Soviet economy with both arms.  It has bent over backwards to absolutely ensure that no allocation of scarce resources will be based on price -- thus the incredibly complicated process for even obtaining a ticket to the event in the first place.  So all goods are free (or in the case of a 4-day ticket, very inexpensive) and allocation of scarce resources is entirely by queue.

A one-day pass to see the exhibit hall and people-watch the Cosplay is well worth the price, both in money and more importantly in time.  My son and I had a great time.  But any attempt to enjoy any of the programming content will require at least 1 hour of line-standing for every 1 hour of program time.  And if the program has any recognizable person's name in it, or if the title includes the words "Star Wars, Star Trek, or Firefly", then you can count on at least 3 hours of waiting for every one hour of programming.

As an example, my son and I showed up 1-1/2 hours early for an afternoon program called something like "Star Wars vs. Firefly."   We were about 50th in a line that eventually ran to about 600 people.  We thought we were in good shape.  Foolish mortals.  It turns out people showed up at 7 and 8 in the morning for the first program of the day in that room, and then never left, solely to get to the 1:30 Star Wars/Firefly program.  None of us in line outside the door at 1:30 got in.

I am not going to argue resource allocation methodologies here -- this is a private event and they are welcome to do it any way they wish.  And since their target audience tends to be young and perhaps under-employed, then I can see how an allocation methodology based on investing one's time rather than money would be appealing to that audience.  Again, a day at the trade show and people watching the Cosplay is worth it.  As for the rest, if you are someone who will wait in line an hour to save 10 cents on gas, you will probably love it.  If you are someone who thought the FastPass system was the greatest thing ever implemented by Disney, they you should likely give the programming a miss.

A few other notes:

• One of the shorter lines was for autographs from Stan Lee, which goes to show how far Comic-Con has evolved from its roots
• Building on the previous observation, I saw only one or two booths on the entire (huge) exhibit floor actually selling vintage comic books
• The Cosplay is everywhere but the best place to see it is just outside the hall where the photographers are taking pictures of folks coming in.  This is one area Comic-Con is really missing an opportunity.  If I were them I would create a red carpet ala the Oscars for Cosplayers to come in and everyone else to watch.   Put in some grandstands and big screens, maybe even with live commentary or voting
• The masquerade is very miss-able.  A costume competition but it is run in a tedious manner and the Cosplay on the exhibit floor is better.
• Fortunately I have a lot of nerds in my clan so I came away with good gifts.  My son got an autographed Summer Glau photo, my daughter an autographed Benedict Cumberbatch photo, and my niece an autograph of the most current Doctor Who (sorry, my first Doctor was Tom Baker and I can't keep track of the new ones).  My son also scored a Disney Princess calendar drawn in that, ahem, fantasy style made famous in publications like Heavy Metal.  It is sure to horrify my wife and daughter, which I assume was half the point.

Over the course of Lance Armstrong's career, the US Postal Service paid him over $40 million in sponsorship money (at least according to the radio report I heard this morning).

I don't necessarily begrudge advertising -- the USPS was nominally acting as a business enterprise, and businesses advertise to promote their services.

But I do find this expenditure odd in the extreme for a couple of reasons.

• First, sponsorship money of this sort generally can only build name recognition.  Paying to name a ballpark "Chase Field" builds name recognition for Chase, but by necessity does not communicate anything else about its services or value proposition.  The same is true for putting one's name on Lance Armstrong's jersey.  Does the US Post Officer really need name recognition?  Are there people wandering around unaware of the US mail?  I could understand advertising such as "this is why our express mail is better than Fedex" or "you should send a real paper thank you note and not just an email to really thank someone."  But name recognition for the USPS?  "Oh, so that is what that funny box in front of my house is...."
• Second, to the extent one did indeed feel the need to build name recognition, why in the hell would one do it in a sport primarily competed and followed in Europe?  This seems an odd strategy for a service that is essentially limited by statute to US operations.

The only thing I can guess is that someone in the USPS decided, "Hey, everyone hates us.  Let's sponsor someone (preferably in a tangential sport that we could actually afford) who is beloved so some of those positive feelings might transfer to us."   That worked out well, huh?

By the time I was really aware of the world, Liz Taylor was old and overweight.  I never really understand the obsession.  This helps.

I was at a couple of art shows during my vacation, and saw a lot of photography.  A staple of photography are the shots of Italian allies and colorful sea villages.  I have one on my wall that I shot myself, the classic view you have seen a million times of Vernazza, Italy.  My wife observed that these photos at the shows looked different than mine (she said "better").

The reason was quickly apparent, and I am seeing this more and more in the Photoshop world -- all the artists have pumped the color saturation way up.  I had to do this a bit, because the colors desaturate some when they get printed on canvas.  But these canvases friggin glowed.  I see the same thing in nature photography.  Is this an improvement?  I don't know, but I am a bit skeptical.  It reminds me a lot of how TV's are sold.  TV pictures tend to be skewed to over-bright and over-vivid colors because those look better under the fluorescent lights of the sales floor.  TV's also tend to have their colors tuned to the very cool (blue) color temperatures for the same reason.  None of this looks good in a darkened room watching a film-based movie.  Fortunately, modern TV's have better electronics menus and it is easy to reverse these problems, and my guess is there is less of this anyway now that many TV's are sold online based on reviews rather than comparison shopping in a store.

I am left to wonder though how this new super-vivid, over saturated photography would look in a home, and how it wears with years of viewing.  Am I being a dinosaur resisting a technological improvement or is there a real problem here?

As you could probably tell from the scarcity of posts, I have been on quasi-vacation for a few weeks.  Today I fly off to San Diego to go to Comicon with my son.  Sorry, don't expect any Coyote Cosplay pictures.

Handshake Magazine, a publication of the International Finance Corporation (a branch of the World Bank), has a series of interviews on parks and PPP's.  It has an article by Len Gilroy of the Reason Foundation on Park PPP's on page 32, a case study about our company and its operations on page 36, and an interview with me starting on page 38.

This story has pretty much shifted from "I predict" to "I told you so" to "duh."  But everyone from Karl Rove to the Teamsters now recognize that Obamacare is on a path to destroying full-time employment in the retail service sector.  Via the WSJ, in an editorial by Rove:

These union heads charged that unless Mr. Obama enacts "an equitable fix," the Affordable Care Act "will shatter not only our hard-earned health benefits, but destroy the foundation of the 40-hour work week."...

Union leaders are correct that ObamaCare "creates an incentive to keep employees' work hours below 30 hours a week." After all, employers can avoid a $2,000-per-worker fine if they don't provide insurance as long as employees work fewer than 30 hours a week. Union leaders have realized—too late—that ObamaCare will affect the livelihood of millions of workers who wait tables, wash dishes, clean hotels, man registers, stock shelves and perform other tasks that can be limited to shifts of less than 30 hours a week. The White House take on this concern? Press Secretary Jay Carney said it "is belied by the facts."

But the data from the Bureau of Labor Statistics show that, in 2010, the year ObamaCare passed, full-time employment grew at an average monthly rate of 114,000 while part-time employment dropped an average of 6,000 a month. So far this year, as ObamaCare is being implemented, full-time employment has grown at an average monthly rate of 21,700 while part-time employment has increased an average of 93,000 a month.

Several companies announced a new sensor product to keep track of the number and severity of blows to the head during sporting events like football.  For a while now, I have been predicting such equipment (once invented) would become required in most sports, with at least younger kids' leagues setting maximum numbers above which a player might have to sit out for one or more games, sort of like mandatory pitch limits in little league.

Over the last several days I have been desperate for information on the Chariot Fire east of San Diego.  This brush fire destroyed the campground next to ours and came right up to our gates, so it was touch in go for several days to see if we would lose it.

I am often disdainful of social media but the best up to date source of information, bar none, for me was the Brush Fire Partyline started on a Facebook page.  It was a fabulous resource in a news situation when the local media was often 12 hours behind the story and official government announcements were at least 24 hours tardy.  (If you click through and their header image has not changed, you will see the red burned area stop just short of Laguna Campground, the campground we operate.

My daughter is in Tanzania this summer for a secular service project.  Her first Swahili:  Jina langu ni Amelia, Ninatoka jimbo la Arizona which I hope means "my name is Amelia, I am from Arizona."

Frequent readers will know that I have been predicting for over a year that the economic story of 2013 would be the end of full time work in the retail service sector due to the PPACA, or Obamacare (example).   QED, from the most recent economic report:

In June, the household survey reported that part-time jobs soared by 360,000 to 28,059,000 – an all time record high. Full time jobs? Down 240,000.  And looking back at the entire year, so far in 2013, just 130K Full-Time Jobs have been added, offset by a whopping 557K Part-Time jobs.

It is unclear how the 1-year delay in the employer mandate implementation will affect this.  Probably not a lot -- based on the way Obamacare was being implemented, companies needed to be switching workers to part-time now (really, early this year) so that they would qualify as part-time for next year  (a company needed 6-12 months of records from this year to prove the employee was part-time).  In other words, most companies have already switched, and having done so, will not likely switch back just for one year.

Besides, as I have written before, it is actually cheaper and easier for many retail establishments to stitch together full coverage of their business hours from part-time workers.   Making jobs full-time is a hassle, and was done by most of us mainly for competition reasons, ie to be able to attract the best employees.  Other laws like California's absurd lunch-break mandate (which has caused me to make working through lunch a firing offense at our company) just add to the cost of offering full-time work.   If everyone is only offering part-time, and the labor market is weak with plenty of workers available, there is no reason to go back to offering full time employment.

I grew up in Texas and I am not sure the concept of tailgating I was weaned on was flexible enough to encompass the opera.  But it's good to try new things.  Here are a couple of photos from my first trip to the Santa Fe Opera

Didn't see any cornhole games though.

The other day, the City of Glendale approved a deal which has the city subsidizing (more in a second) the buyers of the Phoenix Coyotes hockey team to get them to actually stay in town rather than move to Seattle.  The deal is arguably better than deals it was offered in the past (it gets shares of parking and naming rights it did not have before) and may even be a rational deal given where it is today.

But that is the catch -- the phrase "where it is today."  At some level it is insane for a city of 250,000 people to pony up even more subsidies for a team that has the lowest attendance in the league.  The problem is that the city built the stadium in the first place -- a $300 million dollar palace for a metropolitan area that already had a major arena downtown and which was built (no disrespect to Glendale) on the ass-end of the metropolitan area, a good 90 minute round trip drive for the affluent Scottsdale and east-side corporate patrons who typically keep a sports franchise afloat.

Building this stadium was a terrible decision, and I and many others said so at the time.  But once the decision was made, it drove all the future decisions.  Because the hockey team is the only viable tenant to pay the rent in that building, the city rationally will kick back subsidies to the team to keep it in place to protect its rent payments and sales taxes from businesses supported by the team and the arena.  The original decision to build that stadium has handcuffed Glendale's fiscal situation for decades to come.  One can only hope that cities considering major stadium projects will look to Glendale's and Miami's recent experiences and think twice about building taxpayer funded facilities for billionaires.

The deal the other night to keep the team went down in the only way it could have.  As I had written, the NHL was insisting on selling the team for its costs when it took it over in bankruptcy, which were about $200 million, which was well north of the $100 million the team was worth, creating a bid-ask gap.  Several years ago, the city tried to just hand $100 million to a buyer to make up the gap, but failed when challenged by the Goldwater Institute.  The only real avenue it had left was to pass the value over to the buyers in the form of an above-market-rate stadium management contract.

And that is what happened, and I guess I will say at least it was all moderately transparent.  The NHL came down to a price of $175 million, still $75 million or so above what the team is worth.   The City had already sought arms-length bids for the stadium management contract, and knew that a fair market price for that contract would be $6 million per year.  It ended up paying the buying group $15 million per year for the 15-year contract, representing a subsidy of $9 million a year for 15 years.  By the way, the present value of $9 million over 15 years at 8% is... $75 million, exactly what was needed to make up the bid-ask gap.  Again, I think the city almost had to do it, because the revenue stream it was protecting is likely higher than $9 million.  But this is the kind of bad choices they saddled themselves with by building the stadium in the first place.

I get a lot of bizarre stuff but this one made me laugh:

The Turkish renewables market is set to grow rapidly and the Turkish International Renewable Energy Congress (TIREC) is your access point. Once again 500+ attendees, serious about playing their part in the growth of the market will attend to do business for two days of discussion, contact making, and lead generation.

Well, it certainly comes as happy news to this correspondent that the Administration announced this week it will delay health insurance mandates on businesses.  Our company has spent a ton of time since last November trying to minimize the expected cost of the mandates -- the initial cost estimates of which for our business came in at three times our annual net income.  Our preparation has been hampered by the fact that the IRS still has not finalized rules for how these mandates will be applied to a seasonal work force.  Like many retail service businesses, we have studied a number of models for converting most of our work force to part time, thus making the mandates irrelevant for us.

I know this last statement has earned me a fair share of crap in the comments section as a heartless capitalist swine, but the vitriol is just absurd.   Many of the folks criticizing me can't or don't want to imagine themselves running a business, so let's say you have an annual salary of $40,000.  Now, on top of all your other expenses, the government just mandated that you have to pay an extra $120,000 a year for something.  That is the situation my business is in.  Are you just going to sit there and allow your savings to become a smoking hole in the ground, or are you going to do something to avoid it?  Unlike the government, I cannot run a permanent deficit and I cannot create new revenues by fiat.  Congress allowed business owners a legal way to avoid the health insurance mandate, and I am going to grab that option rather than be bankrupted.  So are every other service business I know of, which is why I have predicted that full-time jobs are on the verge of disappearing in the retail service sector.

Anyway, it appears that the IRS and the Administration could not get their act together fast enough to make this happen.  Not a surprise, I suppose.  You and I have both been in committee meetings, and have seen groups devolve into arguments aver useless minutia.  This is not a monopoly of the government, it happens in the private sector as well.  But in the private sector, in good companies, a leader steps in and says "I have heard enough, it is going to be done X way, now go do it."  In government, the incentives work against leaders cutting through the Gordian knot in this way, so the muddle can carry on forever.

There are at least two more shoes that are going to drop, one bad, one good:

1. On the bad side, while companies like mine complain about the cost of the PPACA, they are going to freak when they see the paperwork.  My sense is that we are going to be required to know in great detail what kind of health insurance policy every one of our employees have, even if it was not obtained through our company, and will have to report that regularly to the government.  In addition, there are gong to be new reporting requirements to new agencies for wages and hours.  It is going to be a big mess, and my uneducated guess is that someone in the last week or so looked at that mess and decided to hold off announcing it.

   But readers can expect a Coyote freak out whenever it is announced, because it is going to be bad.  Wal-mart will be fine, it has the money to build systems to do that stuff, but companies like mine with 500 employees but only 2 staff people are going to get slammed.  There is a reason government agencies, even government schools, have more staff than line personnel -- they live and breath and think in terms of complex reporting and paperwork.  They love it because for many it is their job security.  Swimming every day in that water, it is no surprise they impose it without thought on the private sector.  This makes it hard for companies like ours that try to have 99% of our employees actually serving customers rather than pushing paper.

2. The individual mandate is toast for next year.  No way it happens.  If the Administration cannot get the corporate piece done on time, there is no way in hell it is going to get the exchanges up and running.  And even if they do, some prominent states with political influence with this President, like Illinois and California, likely will not get their exchanges done in time and will beg for a delay.

Don't know if you have seen these, but many cellular networks activated the capability to broadcast government "emergency" messages in the last week.  Mine has gone off twice in 3 days.  I get a tone like the old emergency broadcast network test on the radio and then a text like this one.  Not sure why dust storms that are routine features of summer here in Phoenix warrant having the NWS spam my phone, but there it is.  Tornado and tsunami warnings certainly make sense.  Wonder when the first conspiracy theory / scandal hits, such as the election day alert that warns people to avoid travel.

PS, gotta love "til" rather than "until".   Can't wait for the "Tornado Warning - FML" message.

I just read about a project dedicated to local celebrities, people who are very famous in their own backyard but not known at all beyond a small region.

The one person in this category I could think of (beyond local TV and radio personalities) is Johnny Barnes in Bermuda.   I encountered him around the year 2000 when I went to Bermuda for a job interview -- I was running Internet companies at the time and a group in Bermuda had an idea to combine an Internet B2B model with offshore banking and tax havens.  Transfer pricing games seemed to be prominent in the model.

Anyway, there he was, at a busy traffic circle almost everyone on the island passed when going to work in the morning.  He just stood there saying hello and good morning to everyone.  I found out later he was a Bermuda icon -- if he missed a day the radio stations and government offices would be flooded with calls from people asking if he was OK.  Searching the Internet, I found that someone has made a film about him.

One item that was part of the (thankfully) deceased farm bill that got little attention was a levy on live Christmas trees.

Apparently, live Christmas tree producers are upset at competition from artificial trees.  And there is nothing to which Congress is more sympathetic than using government coercion to help industry incumbents fight off new competition.

Readers may or may not know that the government often steps into certain agricultural commodities and, at the behest of the largest producers, creates mandatory advertising regimes.  In these regimes, a tax is levied on everyone's product and the money is used to fund advertising campaigns (e.g like the ones for milk and beef).

The most recent farm bill was to create a similar regime for live Christmas trees, requiring all tree producers to pay the per-tree tax whether they wanted or needed the advertising campaign or not.  So, for now, we have escaped holiday government-funded ads like "Pining for Christmas" and "Live Trees:  They are What's Fir Christmas."

The egg industry was silent on whether they would consider a similar step to battle plastic Easter eggs.

There is some chance this may be apocryphal (I don't see any evidence the reporters confirmed this with the FDA), but as someone who has had government inspectors show up on our property demanding to see our license to sell eggs, it wouldn't surprise me if true.  I am bombarded with government insanity of this genre every day.

Apparently, a children's magician who was forced to obtain a government license for his stage rabbit is claiming

My USDA rabbit license requirement has taken another ridiculous twist. I just received an 8 page letter from the USDA, telling me that by July 29 I need to have in place a written disaster plan, detailing all the steps I would take to help get my rabbit through a disaster, such as a tornado, fire, flood, etc. They not only want to know how I will protect my rabbit during a disaster, but also what I will do after the disaster, to make sure my rabbit gets cared for properly.  I am not kidding–before the end of July I need to have this written rabbit disaster plan in place, or I am breaking the law.

The bizarre government requests like this one at least give us a laugh around here.  Less funny are the zillions of other pieces of waste paper that must be supplied to various agencies every month -- for example the 9 different permits which took 3 years to accumulate from Ventura County just to remove a dangerous and rotting deck  (not coincidentally, we are closing all our business in Ventura County at the end of this year).  Just in the last several days the Department of Labor asked for new, more onerous monthly reporting of headcounts and payroll by state (I declined) and the census bureau asked for quarterly rather than annual detailed reports of our lodging business (I declined).

One piece of advice I would give to harried small business people is to say "no" as often as possible to these data requests.  Obviously, you will need to turn in your monthly sales tax reports or you will be going to jail, but do you really need to feed the census?  The department of Commerce?  The Department of Agriculture?  The Labor Department?  Much of this data they gather is used either 1) to craft regulations that will just make your life as a business owner harder in the future or 2) to subsidize academics and economists in the form of free data.  As I told the Labor Department the other day, I am happy to fill out their survey if they want to pay me, say, $100 a month to compensate me for my time.  Otherwise they are just stealing free labor and proprietary data from me to help some grad student write her PHD or help some Wall Street hedge fund manager better call the market.

Reverend Charlotte was the first signer on our petition for ballot qualification.  She was incredible, telling the TV audience that she wants the ability to marry gay couples in her church, but doesn't want to force her brothers and sisters in other parishes to conduct marriages that are against their beliefs.

It was a big day for her on a personal level as well.  She was married to her same-sex partner in New York a couple of years ago, and as of yesterday the Feds recognized that marriage.   We still have not done so in AZ, but she was thrilled to help us get started repairing that as well.

Some of you may know that I blog in part because I am incredibly introverted and have trouble with public interactions with strangers.  Yesterday I did 2 live TV feeds, one live in-studio TV appearance, and 4 taped TV interviews plus any number of radio and print interviews.  Today I think I am suffering from some form of PTSD.   But that is why we hurried to get our petition filed -- we wanted to be part of the story when the Supreme Court ruled, and we were.

If you are in AZ, check out our web site at equalmarriageaz.com to see how you can help.  If you are out of state, you can still help financially, or just check out our Facebook page and lend us your moral support there.

Since I am part of a group working to pass a ballot initiative in Arizona to allow same sex marriage in this state, I was obviously pleased with the decision to strike down DOMA yesterday.

However, the decision not to rule based on lack of standing on the Prop 8 suit creates a real mess above and beyond any implications for same-sex marriage.

Proposition 8, a California initiative to ban same-sex marriage that likely would not pass today, was introduced and passed five years ago because the authors of the initiative knew it was a step legislators would never take but that they thought (correctly at the time) that the voters would support.  In fact, in a nutshell, this is exactly what the initiative process was meant to achieve.  If citizens think the legislative process is broken on a particular issue (e.g. taxes, where legislators have entirely different incentives vis a vis raising taxes than do taxpayers), they can do an end-run.  In a sense, this is exactly what we are doing in Arizona with our Equal Marriage initiative, though of course with the opposite desired end result from Prop 8.  But just as in that case, we do not have high hopes of the current legislator passing such a Constitutional Amendment, so we are doing it through citizens initiative.

The problem in the Prop 8 case was that when the law was challenged in court, neither the governor nor the legislature was willing to defend it in court (remember, that it was passed over their opposition).  Given the very nature of ballot propositions and the reasons for them discussed above, this is likely a common occurrence.  But the Supreme Court refused to rule on the case because, as I understand their argument, only the administrative or legislative branch of the state government has standing to bring the appeal (ie defend the original law that was overturned by a local Federal court).

This is a really bad precedent.  It means that any initiative passed by citizens that is opposed by the current state government is enormously vulnerable to attack in courts.  If the government officials are the only ones who have standing, and they refuse to defend the law, then it will lose in court almost by summary judgement.

There has got to be some process where courts can grant citizens groups who filed and passed such initiatives standing to defend it in court.  Certainly there could be some judicial process for this, almost like the process for certifying a class and its official representative in a class action suit.  Without this, citizens initiatives are going to lose a lot of their power.

Update:  Scott Shackford at Reason writes

So should we be worried? Could the reverse – voters approve gay marriage recognition only to have the state refuse to back it – happen? What if the voters approved term limits for state legislators and they just ignored it?

The majority decision was not unsympathetic to the argument (incidentally, it’s interesting to see how polite these arguments are when you end up with such an unusual combination of justices on each side) but firm in that: 1) Getting a ballot initiative passed does not make you an agent of the state with standing; and 2) If you aren’t an agent of the state who is expected to defend the law, then you have to have proof of a personal harm and the proponents do not. Arguably, if the situation were reversed (the state refusing to defend an initiative recognizing gay marriage), it’s easy to see how they could allow standing and the outcry that would cause. A person denied a marriage license from a same-sex ballot initiative may be able to prove harms from discriminatory policies and earn standing.

I had not thought of it that way, but it is interesting that the Court could not find any demonstrated harm to straight petitioners from the legality of same-sex marriage.  I suppose that is a good sign.

Uses huge greenhouses combined with a very tall column to generate convection currents that drive turbines.    Apparently can still generate power at night taking advantage of the difference between soil and ambient air temperatures.  I have no idea if this makes a lick of sense financially (without subsidies).

I was down at the Arizona capitol first thing  this morning to do some live TV interviews on reaction to the Supreme Court DOMA decision  (as Chair of Equal Marriage Arizona, which has a ballot initiative in the works to allow same-sex marriage, we wanted to get our initiative close tied to the story today).

Once the decision came down around 7:10 AM local time, the networks wanted an immediate reaction.  I told them I needed to read for 5 minutes to make sure the decisions were what we expected (they were).  So I leaned up against a palm tree to stay in the shade and read my iPad.  Well, it turns out the tree trunk was crawling with ants.  So as I began my live TV interviews, I could feel them crawling all over my back and starting to bite.  I am not sure how coherent I was in the interviews.  I am pretty sure the reporters were confused about my ripping off my jacket and shirt once the interviews were over.  Maybe they thought it was some sort of Brandi Chastain celebration.

On a related note, having tangentially been involved now in the media rush around a Supreme Court decision, I found this analysis of the running of the interns quite entertaining.

Walter Olson has an article on three recent 5-4 decisions where we narrowly avoided Supreme Court rulings that would have further separated liability as a business owner from actual bad actions.  This one in particular resonates with me:

Vance raised the question of who counts as a “supervisor” for purposes of harassment liability. Under existing Court precedent, employers are more or less automatically liable when a “supervisor” engages in harassment. When it’s a co-worker, they are still frequently liable – e.g., if they have received a complaint about it but not fixed things, or if they have negligently allowed the situation to develop – but liability isn’t as close to automatic. As all Justices recognized, however, the old model of a workplace with a military-like chain of command is fast giving way to newer models in which it is extremely hard to tell who is supervising whom, and in particular work orders (“Here, do this for me.”) can issue in multiple directions, not just from “up” to “down.” The four liberal justices were happy to blur the lines by saying that the more people are doing supervisor-like things, the more employees’ misconduct will be imputed automatically to the employer with no chance for it to raise counterarguments that it had acted properly. The majority led by Justice Alito more reasonably recognized that the ability to take tangible employment actions against a co-worker is a better test of “supervisor” than the ability to ask them to undertake some work responsibility.

Last year I got sucked into a lawsuit where an ex-employee, after her termination, sued our company for allegedly racist remarks another employee made about her husband.  The lawsuit was the first we ever heard about the alleged incident -- it was never reported to me or any other manager or employee, it was behavior that was banned by our policies and training, and we never (obviously) had a chance to make any corrections.  The litigant tried to argue that the person who made the alleged remarks was "supervisory" because she had sometimes been asked to draft a shift schedule for the manager.

We eventually had this dismissed, but it cost us $25,000 in legal fees to make it go away.   It was particularly frustrating given that if this had ever been raised as an issue to me, it would have been investigated and heads would have rolled if necessary.  This whole notion of having liability even when operating to the highest standards is just terrifying.  And four Supreme Court justices tried to make all this irrelevant, essentially linking my liability to the standards and intelligence of whoever is my weakest employee.