Quotulatiousness

January 3, 2015

Last year, “a Kentucky judge did something no federal judge has done since 1932”

Filed under: Business, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 11:44

It’s been a very long time since a federal judge in Kentucky anywhere in the United States has struck down a “certificate of necessity” (CON) regulation:

Mighty oaks from little acorns grow, so last year’s most encouraging development in governance might have occurred in February in a U.S. district court in Frankfort, Ky. There, a judge did something no federal judge has done since 1932. By striking down a “certificate of necessity” (CON) regulation, he struck a blow for liberty and against crony capitalism.

Although Raleigh Bruner’s Wildcat Moving company in Lexington is named in celebration of the local religion — University of Kentucky basketball — this did not immunize him from the opposition of companies with which he wished to compete. In 2012, he formed the company, hoping to operate statewide. Kentucky, however, like some other states, requires movers to obtain a CON. Kentucky’s statute says such certificates shall be issued if the applicant is “fit, willing and able properly to perform” moving services — and if he can demonstrate that existing moving services are “inadequate,” and that the proposed service “is or will be required by the present or future public convenience and necessity.”

Applicants must notify their prospective competitors, who can and often do file protests. This frequently requires applicants to hire lawyers for the hearings. There they bear the burden of proving current inadequacies and future necessities. And they usually lose. From 2007 to 2012, 39 Kentucky applications for CONs drew 114 protests — none from the general public, all from moving companies. Only three of the 39 persevered through the hearing gantlet; all three were denied CONs.

Bruner sued, arguing three things: that the CON process violates the Constitution’s equal protection clause because it is a “competitors’ veto” that favors existing companies over prospective rivals; that the statute’s requirements (“inadequate,” “convenience,” “necessity”) are unconstitutionally vague; and that the process violates the 14th Amendment’s protections of Americans’ “privileges or immunities,” including the right to earn a living.

The Beeriodic Table

Filed under: Randomness — Tags: — Nicholas @ 11:00

Christine Hurlbut sent me a link to The Beginner’s Guide to Craft Beer which included a neat little “family tree of beer styles” image. Unfortunately, the version they embedded was too small to be useful, so I looked for a larger version. I found a few other beer-centric images, including this one:

Found via a Google search at gunaxin.com (but don't go there directly ... my antivirus software had a field day warning me about the site's contents). [Click to see full-sized version]

Found via a Google search at gunaxin.com (but don’t go there directly … my antivirus software had a field day warning me about the site’s contents). [Click to see full-sized version]

Another find from the quick Google image search was this one at The Urban Diplomat:

The very, very many varieties of beer (via The Urban Diplomat)

The very, very many varieties of beer (via The Urban Diplomat)

Urban Canada – where China’s one-child policy has been religiously observed

Filed under: Cancon, Humour, Politics — Tags: , , , , — Nicholas @ 03:00

I can’t imagine what has gotten into David Warren to distract him from posts on the inner spirituality of the Catholic Church to suddenly turn to a bit of Canadian Ethnography:

… in a DINK household (“double income, no kids”) the rules subtly change, or rather change overtly, and no need remains for any sort of manliness. Indeed, should the woman make a substantial income, perhaps the man should consider living off her. She can claim him for a little break on her taxes, after all. Consider: housework, without kids, is a snip. And when his “partner” gets home, physically and emotionally exhausted from work, burning with the little humiliations she has suffered out there in the “real world,” and seriously hungry into the bargain — he can remind her that they are a “modern” couple. Tasks such as cooking should be shared equally.

This is old hat, of course. For the most part it also applies where the Red Chinese “one child policy” is obeyed, as across most of urban Canada.

I became exceptionally aware of the new arrangements in a visionary experience, twenty years ago. It consisted of attending a “bake sale” for the public school in which my sons were enrolled (temporarily, I assure you). I got to meet the whole “sorority” in my new liberal neighbourhood. (Kingston, Ontario: never go there.) This was mostly an “audio” vision, I should explain, though it had a video component. I’d never seen nor heard before so many whole-earth, left-wing, squeaky-voiced “house husbands,” all in one place. The immediate revelation was that spiritual emasculation actually changes a man’s voice in the same way physical emasculation does.

Among other discoveries was that the men had done most of the baking — which was good, for men often make better bakers. And we turn to the castrati to hit the highest notes.

The women, on the other hand, I could hear roar. The tone in which they addressed their squeakers was beyond instructive. I reflected that if a man spoke to his wife like that, in public, he’d be courting arrest. The feminists had now got exactly what they wanted.

There was more. The “gender” stereotypes had reversed at every other level. These women were now the sexual aggressors. I recall one in particular — an executive in a local “arts” operation — who had previously called me “fascist” as well as “sexist” in reference to something I had written in a newspaper. That she hated me still, I could take for granted. But right in front of her lamentable house-husband she was, unbelievably, “flirting” (although the term seemed over-refined). The wee fellow looked harmlessly outraged. He made sounds such as I imagine a gerbil makes when his mate shoves him aside. On his fidelity, I’m sure she could rely, for no other woman could want him. But she was trawling for something more masculine, herself.

Feminism alone could account for the collapse of the birth rate (which does, incidentally, have economic repercussions); for it operates at so many levels, from the neutering of males, to making females so extremely unattractive. But it cannot account for the rise of feminism. On that, I’m with Marx: it has a chiefly economic causation.

“Secular Stagnation and Cast-Iron Frying Pans”

Filed under: Books, Economics — Tags: , , — Nicholas @ 02:00

At the wonderfully named Worthwhile Canadian Initiative blog, Frances Woolley looks at some of the ordinary human cussedness that prevents wonderfully clear and understandable economic theories from working quite as efficiently as their formulators expect:

1. Economies grow when people buy stuff.

2. Over time, people accumulate more and more stuff.

3. People can only handle so much stuff. Sock drawers get full of socks. Cupboards get full of cups. Bookshelves get full of books.

4. It’s hard to get rid of stuff. Economic models typically assume disposing of unwanted things costs nothing. But life isn’t like that. Sorting out stuff that can be tossed from stuff that is worth keeping takes time and effort.

5. People are “loss averse”. Throwing things away — clothes that don’t fit, vinyl LPs — hurts psychologically.

6. There’s no need to replace perfectly good stuff. True some stuff, like mobile phones, only lasts a year or three. But other stuff, like cast-iron frying pans, lasts for decades.

Taken together, observations 2 through 6 imply that, as people get older, they buy less and less stuff. Combined with observation 1, these observations explain why countries with aging populations experience lower rates of economic growth.

My only quibble is with the final sentence of point 3: bookshelves don’t get full … you just run out of immediate book storage options. Bookshelves are never really full, they’re just temporarily over-booked.

QotD: Scotland and the Scots

Filed under: Britain, Quotations — Tags: , , , — Nicholas @ 01:00

I have soldiered in too many countries and known too many peoples to fall into the folly of laying down the law about any of them. I tell you what I have seen, and you may draw your own conclusions. I disliked Scotland and the Scots; the place I found wet and the people rude. They had the fine qualities which bore me — thrift and industry and long-faced holiness, and the young women are mostly great genteel boisterous things who are no doubt bed-worthy enough if your taste runs that way. (One acquaintance of mine who had a Scotch clergyman’s daughter described it as like wrestling with a sergeant of dragoons.) The men I found solemn, hostile, and greedy, and they found me insolent, arrogant, and smart.

This for the most part; there were exceptions, as you shall see. The best things I found, however, were the port and the claret, in which the Scotch have a nice taste, although I never took to whisky.

George MacDonald Fraser, Flashman, 1969.

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