Coyote Blog

It strikes me that a service business model that relies on frequently suing your customers is not really sustainable.

My folks out in the field operating campground face far greater problems with customers than any of these petty complaints that Suburban Express is taking to court.  My folks have drunks in their face almost every weekend screaming obscenities at them.  We have people do crazy things to avoid paying small entry fees.  We get mostly positive reviews online but from time to time we inevitably get a negative review with which we disagree (e.g. from the aforementioned drunk who was ticked off we made him stop driving).

And you know how many of these folks we have taken to court in 10 years?  Zero.  Because unless your customer is reneging on some contractual obligation that amounts to a measurable percentage of your net worth, you don't take them to court.

Yes, it is satisfying from an ego perspective to contemplate taking action against some of them.  There are always "bad customers" who don't act in civilized and honorable ways.   But I  tell my folks that 1)  You are never going to teach a bad customer a lesson, because by definition these same folks totally lack self-awareness or else they would not have reached the age of fifty and still been such assholes.  And 2) you are just risking escalating the situation into something we don't want.  As did Suburban Express in the linked article.

The first thing one has to do in the customer service business is check one's ego at the door.  I have front-line employees that simply refuse to defuse things with customers (such as apologize for the customer's bad experience even if we were not reasonably the cause).  They will tell me that they refuse to apologize, that it was a "bad customer".   This is all ego.  I tell them, "you know what happens if you don't apologize and calm the customer down?  The customer calls me and I apologize, and probably give him a free night of camping to boot."  In the future, if this dispute goes public, no one is going to know how much of a jerk that customer was at the time.  Just as no one knows about these students in the Suburban Express example - some may have been  (likely were) drunken assholes.  But now the company looks like a dick for not just moving on.

This is all not to say I am perfect.  It is freaking amazingly easy to forget my own rule about checking one's ego at the door.  I sometimes forget it when dealing with some of the public agencies with which I am under contract.  One of the things you learn early about government agencies is that long-time government employees have never been inculcated with a respect for contract we might have in the private world.  If internal budget or rules changes make adhering to our contract terms difficult, they will sometimes ignore or unilaterally change the terms of our written contract.

And then I will get really pissed off.  Sometimes, I have to -- the changes are substantial and costly enough to matter.  But a lot of the time it is just ego.  The changes are small and de minimis from our financial point of view but I get all worked up, writing strings of eloquent and argumentative emails and letters, to show those guys at the agency just how wrong they are.  And you know what?  Just like I tell my folks, the guys on the other end are not going to change.  They are not bad people, but they have grown up all their lives in government work and have been taught to believe that contract language is secondary to complying with their internal bureaucratic rules.  They are never going to change.  All I am doing is ticking them off with my letters that are trying to count intellectual coup on them.

To this end, I think I am going to tape these two lines from Ken White's post on the wall in front of my desk

• First, never miss a good opportunity to shut up.
  
• Second, take some time to get a grip. You will not encounter a situation where waiting 48 hours to open your mouth will destroy your brand.

'nuff said

The Overlawyered blog is one of the blogs I read every day, and is one of the grand old blogs of the Internet, dating back to when AOL was relevant, Pets.com was still paying for Superbowl ads, and I was still using Netscape to browse.

The move to Cato is described here.

How many times does an argument have to be wrong, and for how long, before it finally loses credibility?  I suppose the answer must be nearly infinite, because the "they will not assimilate" argument is rising again, despite being about 0 for 19 on the groups to which it has been applied.  Germans, Irish, Italians, Eastern Europeans, Chinese, Mexicans and now Chechnyans.   This argument always seems to be treated seriously in real time and then looks stupid 20 or 30 years later.  As an extreme example, here is Benjamin Franklin writing about Germans in 1751:

why should the Palatine Boors [ie Germans] be suffered to swarm into our Settlements, and by herding together establish their Language and Manners to the Exclusion of ours? Why should Pennsylvania, founded by the English, become a Colony of Aliens, who will shortly be so numerous as to Germanize us instead of our Anglifying them, and will never adopt our Language or Customs, any more than they can acquire our Complexion.

(By the way, if you want to retain an unadulterated rosy image of Franklin, who was a great man for many reasons, do not read the last paragraph at that link.  People are complicated and sometimes even great men could not shed all the prejudices of their day.)

The only good news is that the circle of those acceptable to the xenophobic keeps getting larger.  It used to be just the English, then it was Northern Europeans, then much later it was all Europe and today I would say it is Europe and parts of Asia.  So that's progress, I suppose.

Fun fact:  Ironically, the English King at the time Franklin wrote the quote above was George II.  He was actually a German immigrant, born in Germany before his father came to England as King George I, jumping over numerous better claimants who were Catholic.  His son actually assimilated very well, as George III spoke English as a first language, and his granddaughter Victoria practically defined English-ness.  By the way, Victoria would marry another German immigrant.

I have written before that the single best framework for explaining the actions of most government agencies is to assume they are run for the benefit of their employees.  This certainly seems to be the case at the FAA, which can't over 10+ years complete a modernization of its computer system or match free, private Internet tools for flight tracking, but it was able to very quickly publish a web application to promote the danger of the sequester.  Public service is not even on these guys radar screens, as they have shown themselves completely willing to screw the public in a game of chicken to get more funding back for their agency

But after Mr. Coburn published his letter on his website, FAA regional employees wrote to blow the whistle on their bosses. As one email put it, "the FAA management has stated in meetings that they need to make the furloughs as hard as possible for the public so that they understand how serious it is."

Strategies include encouraging union workers to take the same furlough day to increase congestion. "I am disgusted with everything that I see since the sequester took place," another FAA employee wrote. "Whether in HQ or at the field level it is clear that our management has no intention of managing anything. The only effort that I see is geared towards generating fear and demonstrating failure." Just so.

Apparently it is somewhat unethical in the feminist world for women to go to the Ivy League and then become a full-time mom.   I know several women who have Ivy League undergrad or graduate degrees and have, for at least part of their lives, been full time moms.  I am married to one, for example.  I have a few thoughts on this:

1. People change plans.  Life is path-dependent.  Many women who ended up being full time moms out of the Ivy League will tell you that it still surprises them they made that choice.
2. Why is education suddenly only about work?  I thought liberal arts education was all about making you a better person, for pursuits that go far beyond just one's work life.  I, for example, get far more use of my Princeton education in my hobbies (e.g. blogging) than in my job.   The author uses law school as an example, and I suppose since law school is just a highbrow trade school one might argue it is an exception.  But what is wrong with salting the "civilian" population with non-lawyers who are expert on the law?
3. Type A Ivy League-trained full-time moms do a lot more that just be a mom, making numerous contributions in their community.  I am always amazed what a stereotyped view of moms that feminists have.
4. If spots in the Ivy League, as implied by this article, should only be held by people seriously wanting to use the degree for a meaningful lifetime career, then maybe the Ivy League needs to rethink what degrees it offers.  Ask both of my sisters about the value of their Princeton comparative literature degrees in the marketplace.  By this logic, should Princeton be giving valuable spots to poetry majors?
5. I can say from experience that the one thing a liberal arts education, particularly at Princeton which emphasized being well rounded, prepared me for was being a parent.  I can help my kids develop and pursue interests in all different directions.  One's love of learning and comfort (rather than distrust) of all these intellectual rubs off on kids almost by osmosis.  In other words, what is wrong with applying an Ivy League education to raising fabulous and creative kids?
6. The author steps back from the brink, but this comes perilously close to the feminist tendency to replace one set of confining expectations for women with a different set.

Oh and by the way, to the author's conclusion:

Perhaps instead of bickering over whether or not colleges and universities should ask us to check boxes declaring our racial identity, the next frontier of the admissions should revolve around asking people to declare what they actually plan to do with their degrees. There's nothing wrong with someone saying that her dream is to become a full-time mother by 30. That is an admirable goal. What is not admirable is for her to take a slot at Yale Law School that could have gone to a young woman whose dream is to be in the Senate by age 40 and in the White House by age 50.

I would argue the opposite -- the fewer people of both sexes who go to law school to be in the Senate by 40 and the White House by 50, the better.

Update:  My wife added two other thoughts

• Decades ago, when her mom was considering whether she wanted to go to graduate school, her dad told her mom that even if she wanted to be a stay at home mom, a good graduate degree was the best life insurance she could have in case he died young.
• Women with good degrees with good earning potential have far more power in any divorce.  How many women do you know who are trapped in a bad marriage because they don't feel like they have the skills to thrive in the workplace alone?

I got an email today from some group telling me that the majority of small business owners support annual increases to the minimum wage.  I found that odd, so I clicked through to the study.   I will save you the time looking for it, the study had no discussion of how it identified a representative group of small business owners, or even how it validated the respondents were business owners in the first place.  All it says is that it was an "internet survey".

It turns out the second question of the poll answers the first.  The people in the poll overwhelmingly supported raising the minimum wage because the businesses polled overwhelmingly did not hire minimum wage workers.

In fact, the most lost fact in the minimum wage debate is the percentage of the work force that actually earns the minimum wage.  According to the Department of Labor, in 2011 only about 3% of all employed wage and salary workers were making minimum wage or less.  However, about half of these folks are people who mainly work for tips (which are not included in the base wage number).  When you exclude the folks whose tips presumably take them over the minimum wage, just 1.5% of American workers make minimum wage.

Minimum wage work is a niche, generally confined to special situations and to low-skilled young people entering the work force.

Sure, a minimum wage hike would help many of those 1.5%  (at least those who did not lose their jobs when the higher wage rates priced out their work).  But what about the group five times larger than this, the unemployed?  Are they really better off when the bar they have to clear to find their first work keeps getting raised?  If no one will currently hire 30% of teens at $7.25 an hour, how many will get hired at $10 an hour?

Here is the question the group should have asked:  For those of you who currently pay some workers minimum wage, would you expect to employ more, the less, or about the same after an increase in the minimum wage?

The first three times I read this, I was sure it was supposed to be ironic and sarcastic.  I am increasingly convinced that this was written for real

Mayor Michael Bloomberg’s ban on sugary drinks is good for you, New York, and for the rest of the country, too.

And here’s something else, a guaranteed wager: Winston Smith, the suffering protagonist in George Orwell’s “Nineteen Eight-Four,” would trade every aspect of the society dreamed up for him by the sadistic totalitarian government in place of a ban on sugary drinks in 16-ounce cups any day.

There I said it. I know the sentiment is unpopular. I know people will fear the ramifications of a ban on that black bubbling cola in their plastic Big Gulps because they believe it is the road to bigger restrictions on more of their choices. It won’t.

We are a nation of fatties. According to the Centers for Disease Control and Prevention, or CDC, more than one-third of United States adults -- 35.7 percent -- are obese. And obesity is expensive.

Medical costs associated with obesity were estimated at $147 billion in 2008, the CDCnoted. And for people who are obese were $1,429 higher than those of normal weight. While sugary drinks like soda and fruit drinks are not the only culprit here, it is a fact that people are consuming these beverages at an alarming rate. Something needs to be done.

I am sure long-time Coyote Blog readers will not the Health Care Trojan Horse (TM) -- using the socialization of health care costs to justify coercive interventions in individual choices that used to be considered personal.

I have been studying HG Wells of late.  One thing I didn't know about him before is that for all his skepticism about the future in many of his books, and all his prescience about the worst impulses of man, he believed it was possible to create an ideal government that would a dictatorship of the elite, scientific, and enlightened.  Historians called that view "naive", and at the time it may have been. But to hold this sort of view today, as this author does, given history, is simply insane.  Power begets more power.  Coercion begets more coercion.

There really is a very simple test for this - simply imagine the coercive power you advocate in the hands of your worst political enemy.  Still happy with it?  I bet not.

I can't help thinking of Adolf Eichmann when I look at 1) our Elvis-impersonating terrorist who thinks the local hospital is hoarding body parts and 2) the Chechnyan Beavis and Butthead who managed to kill and maim scores of people despite being bigger screwups than the entire Reservoir Dogs gang.

Don't let your freedoms be taken away by people who say such and such a place or event is vulnerable or open to attack.  If these guys can successfully terrorize people, there can't be any way to stop serious threats short of a North Korean police state.  Every occasion and location is theoretically vulnerable.  Our best protection is to build a society that eschews violence.  And, when someone does go off the farm, we want a society where there is no general toleration for the act.  In Chechnya or Syria or Iraq, these two boneheads would likely have found help and protection from some percentage of the population.  Not so in Boston, or anywhere else in America.

PS-  Today must have been CNN's wet dream.  This was like a real-life version of the Running Man (the enjoyable Richard Bachman aka Steven King book, not the awful movie), with similarly high ratings.

The Left is worried that Conservatives will jump on the fact that the Boston killers were immigrants to slow down immigration reform:

the anti-immigration right has jumped on this morning's news to argue that this is not the time to loosen our immigration laws. After all, the two guys who set off bombs at the Boston Marathon have turned out to be a pair of immigrants. As radio host Bryan Fischer says, "Time to tighten, not loosen, immigration policy." Greg Sargent comments:

It’s unclear thus far how widespread the effort among conservatives will be to connect the Boston bombing suspects to the immigration reform debate. But it’s certainly something that bears watching. If this argument picks up steam, it will be

another indication of how ferocious the resistance on the right to immigration reform is going to get.

I think it's safe to say that this argument will pick up steam. Why wouldn't it, after all? It's a gut punch to the idea that immigrants are no more dangerous than natives, and it doesn't matter which side logic is on. It's a strong appeal to emotions, and it's probably an effective one.

Wow, it would not have occurred to me to justify immigration restrictions (in a nation where we are basically all immigrants) based on the bad actions of a couple of individuals.  But since the Left recently tried to do exactly this with gun control, to justify restrictions on millions of law-abiding people based on the actions of one person, I guess they know what they are talking about.  The whole demagogic tendency is sickening.  While I would love to see radical immigration reform, including the right of most anyone to be legally present and working in this country (though not necessarily in line for citizenship or safety net benefits), I have pretty low expectations.

Drum gives a good answer, but the question he is asked reflects this pathetic kind of political opportunism

A few days ago, someone asked: Who are you secretly hoping the bombers turn out to be? My answer was, whatever kind of person is least likely to have any effect whatsoever on public policy.

As quick background, R&R had a study that found that higher government debt levels correlated to lower, even negative, economic growth.  More recently, others have found computational errors that exaggerated this result, and have criticized their methodology, particularly their approach to weighting data from different countries and years.

A few thoughts:

1. A major reasons the errors were found is that R&R actually made their data available for replication.  This is apparently rare - certainly it is rare in the climate world.  I am glad they are getting kudos for this and hope the academic world can find a way to incentivize / force more data sharing
2. I would not have expected a direct relationship between country debt levels and economic growth.  What I would expect is that growth can still be good at higher debt levels, but the risk of hitting a tipping point starts to rise dangerously with debt levels.  Eventually levels get so high that an interest rate shock or liquidity shock is almost inevitable
3. More than a relation between GDP growth and absolute debt levels, I would have expected a relationship between GDP growth and changes in debt level.  Absolute government debt levels may represent resources removed from the productive economy years and decades earlier.  Increases in government debt represent recent decreases in capital available for productive use.

The campgrounds we operate for the US Forest Service in Wisconsin does not seem quite ready to open

Unfortunately, Kevin Drum's prediction is probably dead on

a fellow with the Twitter handle @FootyTube_ quickly changed his handle last night to @Dzhokhar_ and swapped out his avatar for a thumbnail of the suspect in the Boston bombings. That's hilarious!

Or not. But I predict a growth industry in this kind of thing. FootyTube's idiocy was easy enough to see through, but someone out there now has the bright idea of creating a Twitter/Facebook/Tumblr/etc. account and populating it over time with grievances of some kind. Islamic, gun nut, anti-tax, libertarian, PETA, whatever. Just create a nice long chain of posts and then wait for the next terrorist attack. As soon as pics and names are available, switch the account name, make it public, and wait to be discovered.

There are people who think that plunder loses all its immorality as soon as it becomes legal. Personally, I cannot imagine a more alarming situation. However that may be, one thing is certain, and that is that the economic results are the same...

Moral: To use force is not to produce, but to destroy.

.  I love how Bastiat writes, and 165 years has done absolutely nothing to harm his relevance.  Its amazing that we hare having the exact same economic battles today.

CISPA passes the House.  Here's hoping for gridlock in the Senate because, whatever he might promise, there is no way Obama is going to veto legislation that helps Hollywood while simultaneously expanding the Administration's warrant-less search power.

Apparently, Google is building a huge a showy hub for its corporate aircraft.  Does this strike anyone else as an anachronism, from the folks who bring us Gmail and Google groups?  It's like the Fedex having a Pony Express account.

By the way, if anyone read the fabulous book "Barbarians and the Gate," they** will remember RJR Nabisco's construction of a corporate aircraft palace in Atlanta marked the beginning of the end of that company's fiscal extravagance.

** I know this is grammatically incorrect, but I am exhausted with English's lack of a third person singular gender-neutral pronoun and hate saying "he or she."  English is a language built bottom up from actual usage, so lacking any better idea, I support "they" as the solution.

Rick Perry has an interesting post on a Texas proposal to require that college transcripts show, along with the student's grade in each class, the average grade in the class.

I think this is an excellent idea -- simple and effective -- though I am not big on a state mandate on private institutions but this is totally reasonable for public institutions and would likely force private colleges to follow suit voluntarily.

To the extent that colleges squeal about this, it will be entirely hypocritical.  Why?  Because colleges will not seriously consider the grades on a high school transcript in their admission process without a guide from the school listing such things as average grades.   Colleges demand exactly this type of benchmark for grades, without which a transcript would be almost meaningless.  They should not balk at providing the same.

The source for the underlying chart is the Department of Labor blog, with my annotations added.

Postscript:  In most cases legislation is anticipated to pass well in advance and one could argue the effects of it show up even before the signing date.  But in this case whether the PPACA would pass was a nail-biter to the last moment.

My new Forbes article is up, and it is on my favorite under-reported story, the end of full-time work in the American retail sector

I don’t generally publish end-of-year predictions, mainly because I usually am wrong (a failing that does not seem to prevent any number of others from doing so, however).  But last year I made an exception when I predicted that the biggest economic story of 2013 would be the death of the full-time job in the American retail service sector.

But this was not really an exception to my rule about predictions, because this was not really a prediction at all, at least in the sense that a “prediction” is an educated guess of some future uncertain event occurring.  Late last year, within the service world, this change was already occurring – at restaurants, at hotels, and in retail stores, managers were already formulating plans.  In a large sense, by making this prediction, I was betting on the score of a game that had already been played — all we are doing now is waiting for the media to catch up and report the results to the public at large....

The tree fell in the forest months ago, but it is only just now being heard.

Sorry, link was broken, now fixed

I predicted last year that the biggest economic story of the year would be the end of full-time employment in the retail service industry.  An update:

The nation's largest movie theater chain has cut the hours of thousands of employees, saying in a company memo that ObamaCare requirements are to blame.

Regal Entertainment Group, which operates more than 500 theaters in 38 states, last month rolled back shifts for non-salaried workers to 30 hours per week, putting them under the threshold at which employers are required to provide health insurance. The Nashville-based company said in a letter to managers that the move was a direct result of ObamaCare.

Several sources have reported that the new Obama budget calls for privatizing the TVA.  My company is already doing our part -- we have privately taken over the operation of four TVA campgrounds (under a long-term lease) and are looking at others.  Our first was here, and has turned out to be a really good operation for us.  It is impossible to get bank loans for improvements on leased land, but over time, by applying cash flow from the operation back into improvements, we have put nearly a million dollars in to the property.  We took on three new TVA campgrounds this winter and are just now scrambling to get them open.

Death by tort lawyer in 3...2...1

A Colorado jury has awarded $11.5 million in a lawsuit originally brought against helmet maker Riddell and several high school administrators and football coaches over brain injuries suffered by a teenager in 2008.” While the jury rejected the plaintiff’s claim of design defect, it accepted the theory that the helmet maker should have done more to warn of concussions.

If the helmet makers are getting nailed, wait until every high school and college in the country is sued, not to mention the massive suit looming against the NFL.  Expect to see a debate soon, beginning in state legislatures, over tort protection for football.  Texas, for example, has several of the country's tort hellholes but if Friday night high school football is threatened, you can bet that the legislature will be moved to action.

My wife and I were discussing the Atlanta bombing last night and it struck me that, with all the false reports out of Boston, it would be useful to remind folks of the fate of Richard Jewell, a man whose life was essentially destroyed by our collective need for quick answers about a tragedy.  But Patrick at Popehat has already done the heavy lifting, so I will turn it over to him.

By the way, in an odd local angle on the story, for some reason Fox decided to interview Joe Arpaio as an "expert" after the blast.  Joe is an expert -- at getting himself media attention.  But I am trying to remember the last terrorist incident we had here in Phoenix.

I am left to wonder today how much of Earthlink's remaining income is from zombie accounts.  I generally hate the hassle of dealing with a changed credit card number, but one advantage is that I discover some zombie accounts that I have forgotten about and keep charging my card every month.

Today I had an amazing one -- from my old Earthlink dial-up account.  I had thought I cancelled Earthlink something like 8 years ago (I certainly have not used it since about 2003).  That is several credit cards ago and so I have absolutely no idea how they were able to continue to bill me, but they were, right up to this month when my corporate card number changed due to a fraud alert.  It is kind of depressing that I spent well north of a thousand dollars over the years on a service that I would never even consider using again, but that is the danger that comes as a company gets larger and one can't personally inspect every bill that gets paid.

Of course, despite evidence that I never used the account, they would not waive the final month's billing and threatened collections, etc.  They wanted my credit card for one last charge, and then they would cancel.  Which made me suspicious that this is how they got my credit card for the last five years - by asking for it for one last charge and then continuing to bill for 5 years.  So I told them I did not trust them with my new credit card number and to send me a paper bill that I would pay by check.  As a final insult, they said they had to charge me an extra dollar for the paper bill.

If I had time, I would challenge them and give them grief, but sometimes one has to put one's ego away and just move on with the loss.

During the call, it was very, very clear that trying to collect money on zombie accounts that people had forgotten about was very, very typical for their customer service folks.  Leading me to wonder just how much of Earthlink's revenue comes from such zombie accounts.  As a funny side note, they were perfectly fine taking money from me without any identification, but would not cancel the account without an extensive account verification, a verification that is rather hard if one has not used the account in about 8 years.

Tesla Motors and Elon Musk, the folks who seem to perennially have their hands out for special government favors and taxpayer money, may have actually struck a small blow against the corporate state:

Tesla Motors Inc. says it’s won another round in its fight with established car dealers who want to stop the company from selling its electric luxury cars directly to consumers.

Tesla CEO Elon Musk says, via Twitter, that a New York judge has tossed out a suit brought by New York auto dealers who challenged Tesla’s direct sales model as a violation of the state’s franchise laws.

Mr. Musk spent Wednesday in Texas making the case for a legislative proposal to change the law to allow direct sales of electric vehicles by U.S.-based manufacturers.  Texas car dealers have opposed the measure, saying it would open the door for other car makers to sell electric cars direct to customers –  which could undermine the value of their franchises.

Government protections of middle men in the auto business (states generally do the same in the liquor business) are a classic example of crony capitalism.  Car dealers tend to have a lot of sway with politicians, not to mention with local media for who they are generally the largest advertisers, so they are able to engineer special privileges for themselves.  Congrats to Tesla for taking this on.