Quotulatiousness

November 10, 2014

The incessant nagging of the food nannies

Filed under: Britain, Bureaucracy, Food, Health, USA — Tags: , — Nicholas @ 07:53

Patrick Basham on the nanny staters’ need to nag us about our food choices, even though most of their efforts are counter-productive:

Calorie counts on menus and menu boards are the food police’s unsubtle attempt to educate us into making ‘better’ choices. Most of us neither need nor appreciate this bureaucratic nudge.

In America, such mandates are included in the Affordable Care Act (‘Obamacare’) that kicked in this year. So, national restaurant chains are now required to disclose calorie counts in their menus. And three years ago in the UK, then-health secretary Andrew Lansley asked restaurants to ‘voluntarily’ label food with calorie counts.

Proponents of this policy believe that consumers are generally uninformed about their restaurant meals, especially the calorie counts. Therefore, providing consumers with this information will make a substantial difference to both what, and how much, people eat and, consequently, enable them to lose weight.

These assumptions are wrong. The scientific evidence strongly suggests that calorie counts are ineffective and potentially counter-productive for certain consumers. In fact, the vast majority of this evidence was available long (and in some cases, decades) before these regulations were rolled out.

Calorie counts do not produce the behavioural changes that their proponents envision. For example, over a decade of nutritional labelling, including calorie content, of processed food has failed to have any significant impact on obesity levels. Furthermore, studies have found that providing nutritional labelling brings about no net nutritional gains because consumers have a defined ‘nutrient budget’. This means that consumers tend to reward themselves for calorie or fat deprivation, for example, by increasing their calorie or fat content with another dish at the same meal or at a latter meal.

[…] consumers see labelling, particularly about calories, as a form of government warning: ‘Don’t eat this food, it has too many calories!’ The research evidence demonstrating the failure of such warnings is legion. In fact, such warnings can be profoundly counter-productive, as they can lead not only to the information being ignored, but to behaviour directly at odds with the health-based message. Identifying menu items as low-calorie or healthy can antagonise customers who see this as attempting to interfere with their freedom of choice.

This calorie count policy is also deeply inappropriate. The evidence suggests that it is not regulation designed to provide information for ‘informed’ choices, but regulation designed to change supplier and consumer behaviour based on the assumption that the regulator knows best.

Calorie counts are nothing more than a form of soft stigmatisation in which the government attempts to use calories to declare otherwise legal foods as, in some way, illegitimate. In effect, calories are really shorthand for the fact that certain foods are deemed ‘bad’.

November 9, 2014

Rent-seekers and crony capitalists love big government

Filed under: Bureaucracy, Government — Tags: , , , , , — Nicholas @ 10:38

One of the reasons I’m a small-government fan is that the less the government tries to do, the less opportunity for rent-seekers and crony capitalists to batten on the inevitable opportunities that big government provides when it controls and regulates far beyond its competence:

A nice little point being made over in the New York Times, that for all of the public rhetoric about free markets and competition it’s not actually true that the Republicans are entirely pro-free market and pro-competition at all levels of governance. There’s an explanation for this too, an explanation that comes from the late economist Mancur Olsen. That explanation being about the level of the system that decides what will happen on a particular matter and thus where the special interests will try to capture governance.

    Republicans have hailed Uber, the smartphone-based car service, as a symbol of entrepreneurial innovation that could be strangled by misplaced government regulation. In August, the Republican National Committee urged supporters to sign a petition in support of the company, warning that “government officials are trying to block Uber from providing services simply because it’s cutting into the taxi unions’ profits.”

Josh Barro then goes on to point out that while the national Republican party might be saying such fine words when we get down to the people who actually regulate taxi rides then local Republicans can be just as pro-taxis and anti-Uber as any group of Democrats.

[…] More likely, to me at least, is that Mancur Olsen had it exactly right. His point being that over time democracy will end up being a competition between special interests for control of that democratic apparatus. The basic background insight is spread costs and concentrated benefits. One analogy is the pig and the chicken deciding what to have for breakfast. If they decide upon bacon and eggs then the chicken is interested but the pig is rather committed there. So it is with the regulation of producers and the competition that they might faced. US consumers of sugar might be paying $50 a year each to protect US sugar producers (that number’s not right but it’s not far off, it’s not $5 each nor $500) but rationally, when there’s so much else for us to think about, it’s sensible enough for us to not get very excited nor angry about this. But the sugar producers are making millions a year out of that same system of restrictions and subsidies. They’re very interested indeed in making sure that it continues.

We who take taxis or Uber are quite interested in Uber (and Lyft and all the others) being able to continue in business. But it’s not the end of our lifestyle if the regulatory apparatus is able to stifle them. But for the people who, for example, own taxi medallions in NYC then the replacement of the traditional taxi market by Uber will mean the potential loss of up to $1 million for each medallion. They’re very much more interested in crimping Uber’s style than we consumers are in expanding it.

Olsen went on to point out that the special interests are obviously more interested than we are in the details of regulation. And they’ll concentrate their efforts at whatever level of the regulatory and democratic system it is that affects their direct interests. Contributing to election campaigns, making their views known and so on, wheeling and dealing to promote their interests.

October 17, 2014

Germany’s arms procurement plight

Filed under: Bureaucracy, Europe, Germany, Military — Tags: , , , — Nicholas @ 09:22

Peter Dörrie explains the German government’s current embarrassment due to the revelations about the desperate straits of all German military branches. The combination of delivery delays, cost overruns, technical faults, and low equipment availability mean that Germany could not come to the aid of NATO allies in a crisis:

The German armed forces have come clean. They’ve admitted they’re incapable of managing arms procurement — and have systematically neglected the hardware that’s already in service.

Military procurement and management in Germany have been under heightened scrutiny ever since Berlin’s attempt to buy an European version of America’s Global Hawk drone ended in miserable failure in mid-2013.

In late September, the German military sent an explosive report to parliament, confessing that half of the armed forces’ heavy equipment is unserviceable and can’t deploy in a crisis.

The German navy, for example, possesses 15 Sea King helicopters, but 12 of them are grounded. The situation is similar with respect to the naval Sea Lynx helicopter — just four out of 18 can fly — and the heavy-lifting CH-53 helicopter. Sixteen out of 43 CH-53s are functional.

The Luftwaffe can field only 80 Typhoon and Tornado fighters, out of 140 on the books. So short of equipment, at present Germany would be powerless to respond if a fellow NATO member were to ask for military assistance.

And the bad news doesn’t stop there. On Oct. 6, Defense Minister Ursula Von Der Leyen released a report by an outside consultancy analyzing the military’s nine biggest weapons purchases.

The report is damning. Every single procurement effort suffers some combination of cost overruns, delays and technical shortfalls. And owing to the ministry’s unwillingness or inability to negotiate proper contracts, the government has had to pay for the overruns itself. The arms manufacturers waltz away with their full fees.

This is sounding disturbingly similar to Canada’s military procurement problems.

October 16, 2014

The trouble with “parenting” in 2014

Filed under: Bureaucracy, Education, Health, Law, Liberty — Tags: , , — Nicholas @ 00:02

Jan MacVarish discusses the problems facing today’s parents that inhibit natural parenting instincts and replace them with the diktats of the bureaucracy:

Here are two scenes which illustrate contemporary parenting culture.

In the first, I am called into my son’s primary school by the ‘family-liaison officer’. I am surprised to learn that she is investigating the concerns of a teacher who has overheard my son and his friends discussing their mothers’ favourite punishment methods. Whereas one of the mothers (who I know) reportedly kicks her boy in the privates with her stilettos, and another (who I also know) prefers to administer an ‘African slap’, my chosen method is, apparently, to hit my son with a frying pan. Visions of Tom and Jerry immediately spring to mind, and I laugh at the ridiculousness of the schoolboys’ conversation. The family-liaison officer admits that it is highly unlikely that a mother such as me (white and middle class) would engage in such behaviour, but, she tells me, she is nevertheless obliged to ask if I have ever deployed the family skillet as a weapon. I am now amused, bemused and starting to see that this could have played out very differently if I were perceived to be one of those ‘other’ parents.

Scene two: While swimming in the local pool with frying-pan boy, I notice a mother engage in an exhausting 20-minute argument with her one-year-old baby boy. He had slapped her, so she was asking him in a quiet, controlled voice to look her in the eye and apologise for ‘hurting mummy’. Being a baby, he refused to comply, and became more and more upset as the request was repeated again and again. My sympathy was equal for both mother and child: he was sobbing and she seemed forlornly trapped in some kind of ‘good parenting’ ritual, in which the parent conveys to the child the emotional consequences of their actions – ‘you hurt mummy, that makes mummy feel sad’ – and expects the child to take ‘ownership’ of their actions.

Both of these scenes demonstrate the abandonment of common sense and, indeed, any kind of ‘instinct’ when it comes to adults relating to children. When you remove any element of instinct from parenting, you replace trust, care, love and joy with empty rituals of ‘safeguarding’ or ‘good parenting’. The family-liaison officer’s dutiful yet hollow investigation makes clear just how corrosive the institutionalisation of parent-blaming in schools has become, while the mother’s exchange with her baby in the pool showed how futile and joy-draining following abstract, good-parenting guidelines can be.

October 13, 2014

QotD: Remember your days in the educational-industrial complex?

Filed under: Bureaucracy, Education, Humour, Quotations — Tags: , — Nicholas @ 00:01

They started him out on basic blocks and why he shouldn’t nail somebody who took his cookie. Those are hard lessons. How to stack something up so it doesn’t collapse in a heap at the first shudder in the earth. How to “share” your very limited and very personal resources. Why you don’t just whack anyone who irritates you with the nearest blunt object.

These are basic lessons, and we forget how hard they are. Some of us don’t learn them at all. Those people are either in prison, assembling bombs, or CEO of a Fortune 500 company.

Still, that’s your entry level position in the educational-industrial complex at age 3. It’s all downhill from there.

For years you get up at an ungodly hour and don’t even get a chance to read the paper. Plus, no coffee at all. Not. A. Drop.

You are then pushed out of your home and either driven to your “office-complex” by a cranky chauffeur with complete control over you, or you get to ride with a few dozen of your more-or-less peers with different ideas of hygiene and levels of intelligence in a shaking tin box with no seatbelts, driven by some of the least intelligent members of your community. I’d be a nervous wreck by the time I got to the office, I’ll tell you.

Once you do get to the office, your time to just goof off is extremely limited. No leisurely stints by the water cooler for you. No coffee cart with tasty pastries coming by after only an hour. Bladder issue? Raise your hand and get a note. Other than that you are never alone.

You get one break out in the dirt, with, I might add, no coffee. A couple of hours later you get a quick hit of really bad food that is the same this Wednesday as it was last Wednesday. After that, it’s back to your office where they don’t even have a little cube for you, but slam you together with 15 to 30 other slaves to the clock in a room fit only for 10.

In some huge gesture to your youth, they let you out of this joint at 3 in the afternoon. They tell you it’s a “school day,” but if you’ve been up since 7 and out at three, that’s a full eight hours in my book.

Oh, and no chatting with your friends. Yes, you, pipe down. If not it’s off to the CEO’s antechamber for a quick and humiliating performance review. Daily if you don’t snap out of it. If you really don’t snap out of it, we’re calling your father AND your mother to come here from work right now.

Gerard Vanderleun, “Back to School”, American Digest, 2014-09-09.

October 12, 2014

Changes to Canadian Army promotion ladder

Filed under: Bureaucracy, Cancon, Military — Tags: , — Nicholas @ 11:43

On the Army News page, this change in policy was posted on October 8:

This fall, the Canadian Army (CA) will implement an innovative program whereby Combat Arms promotions from Corporal to Master Corporal will be managed at the unit – instead of the national – level. This change, a positive outcome of the CA Renewal effort, is expected to save time and money and help the CA accelerate the progression of its “shining stars.”

The drive to work smarter and be more efficient can lead to a fresh examination of why things are done in a certain way. Such a review process may end up standing the status quo on its head, as was the case with Corporal-to-Master Corporal appointments in the Canadian Army (CA) Combat Arms trades.

The CA has four Combat Arms trades: infantry, armoured, artillery, and combat engineers. The majority of the personnel in these trades are privates or corporals located in field units where they perform their baseline jobs.

On the basis that no one knows their soldiers’ strengths and leadership qualities better than their own unit, authority to determine which corporals will be promoted to the appointment of Master Corporal is now given to the unit Commanding Officer (CO). The COs will now also be the ones to select soldiers with leadership potential for Primary Leadership Qualification (PLQ) training, which is a pre-cursor to promotion to Master Corporal.

This was achieved by eliminating the requirement to hold National-level promotion boards for Corporals in the Combat Arms. As a result, the CA will save time, reduce paperwork, simplify the selection process, cut back on costly postings and – most importantly – enhance the process of ensuring the right soldier is in the right place at the right time and with the right qualifications.

I can’t think of a more ridiculous way of managing the promotion process than managing it directly from the national level. The army sets standards for promotion to each rank nationally, and that makes sense, as soldiers can be detached from their parent unit for particular operations or short-term local requirements, so you want to see a certain level of standardization in training and education to make those detachments work as well as possible. But there’s a huge difference between setting standards and actually directly managing the promotions. You could make a case for it with senior NCOs and officers, but for junior ranks that seems an over-abundance of centralization.

October 9, 2014

“Political barriers make it harder to innovate with atoms than with bits”

Filed under: Bureaucracy, Law, Technology — Tags: , , , , — Nicholas @ 08:30

Virginia Postrel on the barriers that slow down — or completely stop — innovation in far too many non-digital fields:

… I sympathize with science-fiction writer Neal Stephenson and venture-capitalist Peter Thiel, whose new books lament the demise of grand 20th-century dreams and the optimistic culture they expressed. “I worry that our inability to match the achievements of the 1960s space program might be symptomatic of a general failure of our society to get big things done,” writes Stephenson in the preface to Hieroglyph, a science-fiction anthology hoping “to rekindle grand technological ambitions through the power of storytelling.” In Zero to One, a book mostly about startups, Thiel makes the argument that “we have to find our way back to a definite future, and the Western world needs nothing short of a cultural revolution to do it.”

Their concerns about technological malaise are reasonable. As I’ve written here before, “political barriers have in fact made it harder to innovate with atoms than with bits.” It’s depressing to see just about any positive development — a dramatic decline in the need for blood transfusions, for instance — greeted with gloom. (“The trend is wreaking havoc in the blood bank business, forcing a wave of mergers and job cutbacks.”)

When a report about how ground-penetrating radar has mapped huge undiscovered areas of Stonehenge immediately provokes a comment wondering whether the radar endangers the landscape, something has gone seriously wrong with our sense of wonder. “There’s an automatic perception … that everything’s dangerous,” Stephenson mused at a recent event in Los Angeles, citing the Stonehenge example, “and that there’s some cosmic balance at work — that if there’s an advance somewhere it must have a terrible cost. That’s a hard thing to fix, but I think that if we had some more interesting Apollo-like projects or big successes we could point to it might lift that burden that is on people’s minds.”

Postrel argues that Stephenson’s fix would not work, and that our nostalgia for the early days of the Space Age blind us to the reality that most Americans in that era did not believe that the money for the Apollo missions was well spent (with the brief exception of July, 1969). She makes the point that our culture has changed significantly and those attitudinal changes are much more of the reason for today’s hesitancy and doubt about progress:

We already have plenty of critics telling us that our creativity and effort are for naught, our pleasures and desires absurd, our civilization wicked and destructive. We live in a culture where condemnatory phrases like “the ecosystems we’ve broken” are throwaway lines, and the top-grossing movie of all time is a heavy-handed science-fiction parable about the evils of technology and exploration. We don’t need Neal Stephenson piling on.

The reason mid-20th-century Americans were optimistic about the future wasn’t that science-fiction writers told cool stories about space travel. Science-fiction glamour in fact worked on only a small slice of the public. (Nobody else in my kindergarten was grabbing for You Will Go to the Moon.) People believed the future would be better than the present because they believed the present was better than the past. They constantly heard stories — not speculative, futuristic stories but news stories, fashion stories, real-estate stories, medical stories — that reinforced this belief. They remembered epidemics and rejoiced in vaccines and wonder drugs. They looked back on crowded urban walk-ups and appreciated neat suburban homes. They recalled ironing on sweaty summer days and celebrated air conditioning and wash-and-wear fabrics. They marveled at tiny transistor radios and dreamed of going on airplane trips.

Then the stories changed. For good reasons and bad, more and more Americans stopped believing in what they had once viewed as progress. Plastics became a punch line, convenience foods ridiculous, nature the standard of all things right and good. Freeways destroyed neighborhoods. Urban renewal replaced them with forbidding Brutalist plazas. New subdivisions represented a threat to the landscape rather than the promise of the good life. Too-fast airplanes produced window-rattling sonic booms. Insecticides harmed eagles’ eggs. Exploration meant conquest and brutal exploitation. Little by little, the number of modern offenses grew until we found ourselves in a 21st century where some of the most educated, affluent and cultural influentially people in the country are terrified of vaccinating their children. Nothing good, they’ve come to think, comes from disturbing nature.

Emphasis mine.

October 1, 2014

The CRTC tries bully boy tactics to stay vaguely relevant in the 21st century

Filed under: Bureaucracy, Business, Cancon, Media — Tags: , , , — Nicholas @ 11:08

Richard Anderson perfectly captures the scene as the Canadian Radio-television and Telecommunications Commission (CRTC) attempts to browbeat Netflix into “voluntary” compliance with its (possibly extra-legal) demands:

Caudilho Jean-Pierre Blais of the CRTC actually ordered Netflix to hand over their confidential information. Acting as if he was a judge in a criminal trial instead of a busybody interfering with a successful business that is violating no one’s rights. It’s questionable as to whether the CRTC even has the legal power to make such a request. Netflix is not a broadcaster in any traditional sense of the word. The story behind the story is that a Trudeau-era regulatory framework is running smack up against the modern world.

With technology speeding past the CRTC Mandarins they are confronted with three options: 1) Acquiesce and watch as time turns them into a medieval guild during the industrial revolution. 2) Lobby the government to explicitly expand their powers over the internet. 3) Say to hell with the rule of law and see what they can get away with.

Option 1 ain’t happening because too many cushy jobs are at stake. Option 2 ain’t happening because the Tories may not understand capitalism but they don’t actively hate it. This leave us with option 3. As you can tell it is by far and away the worst option. This isn’t just a bad for consumers story it’s a bad for freedom story as well.

At the moment much of the media is focused on the pick and pay cable model debate. But the debate is little more than a statist three card monte trick, the government’s crude attempt to legislate business into behaving like what they think a free market should look like. The future, however, is being decided in the Netflix case.

Camille Paglia on universities’ inability to comprehend evil

Filed under: Bureaucracy, Law, USA — Tags: , , , , , — Nicholas @ 00:02

In Time, Camille Paglia says that universities are unable to understand the real risks to young women on campus:

The gender ideology dominating academe denies that sex differences are rooted in biology and sees them instead as malleable fictions that can be revised at will. The assumption is that complaints and protests, enforced by sympathetic campus bureaucrats and government regulators, can and will fundamentally alter all men.

But extreme sex crimes like rape-murder emanate from a primitive level that even practical psychology no longer has a language for. Psychopathology, as in Richard von Krafft-Ebing’s grisly Psychopathia Sexualis (1886), was a central field in early psychoanalysis. But today’s therapy has morphed into happy talk, attitude adjustments, and pharmaceutical shortcuts.

There is a ritualistic symbolism at work in sex crime that most women do not grasp and therefore cannot arm themselves against. It is well-established that the visual faculties play a bigger role in male sexuality, which accounts for the greater male interest in pornography. The sexual stalker, who is often an alienated loser consumed with his own failures, is motivated by an atavistic hunting reflex. He is called a predator precisely because he turns his victims into prey.

Sex crime springs from fantasy, hallucination, delusion, and obsession. A random young woman becomes the scapegoat for a regressive rage against female sexual power: “You made me do this.” Academic clichés about the “commodification” of women under capitalism make little sense here: It is women’s superior biological status as magical life-creator that is profaned and annihilated by the barbarism of sex crime.

September 30, 2014

French restaurant food quality is declining – send in the regulators!

Filed under: Bureaucracy, Business, Europe, Food, France — Tags: , — Nicholas @ 08:07

Tim Harford on the recent French government attempt to “fix” the declining quality of food served in restaurants:

“Each time I visit the city the food gets worse and worse.” Tyler Cowen, economics professor, foodie and author of An Economist Gets Lunch, despairs of Paris. Cowen isn’t the only person to lament the state of French cuisine. This may be why — in a quintessentially French move — the nation’s government has introduced a new law in an attempt to improve standards.

The quixotic law in question is public decree No. 2014-797, more popularly known as the “fait maison” rule, in which restaurants may use a new saucepan-with-a-roof-and-chimney logo on the menu beside any dish that is made on the premises. More accurately, the restaurants must use the saucepan-with-a-roof symbol to denote house-made dishes, but the definition of house-made is rather whimsical, thanks to French legislators.

The entire affair seems unlikely to improve French cuisine but it does provide a nice lesson in practical economics: regulation is a superficially appealing answer to life’s problems but often fails to provide real solutions.

[…]

A third problem is that the regulation may produce unintended consequences. Consider a chef who offers a fresh fruit crumble alongside a selection of factory-made cakes and puddings. By law, he or she must display the fait maison logo beside the crumble, implicitly damning all his or her other dishes. Such chefs might decide to offer no house-made dishes at all, rather than bring unwelcome questions to the forefront of their customers’ minds.

Policymaking is flawed and crude while the world is subtle and unpredictable. That is why regulations are often rigged from the start, are only peripherally related to the real matter of concern and have a tendency to backfire.

September 28, 2014

This is why you rarely see “Made in India” on manufactured goods

Filed under: Bureaucracy, Economics, India — Tags: , , , , — Nicholas @ 11:13

At The Diplomat, Mohamed Zeeshan talks about India’s self-imposed disadvantages in manufacturing both for domestic and export consumption:

Indian Prime Minister Narendra Modi’s maiden Independence Day speech was laced with inspiring rhetoric. But of the many things he said, the one slogan that inevitably caught public attention was this: “Come, make in India!” With those words, Modi was trying to make the case for turning India into the world’s next great manufacturing hub. Understandably, the Indian populace was thrilled.

India is one of the world’s ten largest economies (and is third largest on a purchasing power parity basis), with a total annual output of nearly $2 trillion. As much as 57 percent of this output is produced by a service sector that employs just 28 percent of the population, largely concentrated in urban parts of the country. That is no surprise, because most Indians lack the skills and education to join the more knowledge-intensive service sector. What they need is what successful developing nations all over the world have had ever since the Industrial Revolution: a robust and productive manufacturing sector.

Yet India’s manufacturing sector contributes just 16 percent to the total GDP pie (China’s, by contrast, accounts for almost half of its total economic output). Victor Mallet, writing in the McKinsey book Reimagining India, recently offered an anecdote that was illuminating. “One of India’s largest carmakers recently boasted that it was selling more vehicles than ever and that it was hiring an extra eight hundred workers for its factory,” he wrote, “But the plant employing those workers belongs to the Jaguar Land Rover subsidiary of Tata Motors and is in the English Midlands, not in job-hungry India.”

Mallet goes on to make a point that has been made frequently by Indian economists: The world doesn’t want to “make in India,” because it is simply too painful. There’s bureaucratic red tape, a difficult land acquisition act, troublesome environmental legislation, a shortage of electricity, and a lack of water resources. The only thing India doesn’t seem to lack is labor, but that merely adds to the problem. As Mallet points out in the same essay, aptly titled “Demographic dividend – or disaster?”, “India’s population grew by 181 million in the decade to 2011 – and (despite falling fertility rates) a rise of nearly 50% in the total number of inhabitants is unavoidable.” But the number of jobs being added to feed that population is inadequate.

However, the labor dividend is still important. India doesn’t need to reduce the number of hands on deck. It needs to weed out the challenges that stop them from being productive.

September 25, 2014

QotD: Why useless university degrees are created

Filed under: Bureaucracy, Education, Government, Quotations — Tags: , — Nicholas @ 00:01

The typical understanding of a useless degree is of a credential whose market value is close to zero. In that sense this isn’t quite economically useless. There is a market for people wielding this pseudo-intellectual nonsense. It’s not a real market admittedly but it’s a market nonetheless. There is, however, only a single market maker: The Government.

The job prospects go beyond employment directly by the state, they extend into the quasi-government sector, what is sometimes politely referred to as the wider public service. There is a whole eco-system of NGOs, quasi-governmental organizations and ad hoc committees that thrive upon the government teat. Since their work has no objective value, and the criteria for employment is vague at the best of times, hiring managers fall back upon a tried and true screening methodology: A piece of paper issued by a government backed institution.

So for those of you following along at home: A government financed body creates make work. In order to handle that made-up work new workers are hired. Those workers have certificates in make work from government financed educational bodies. This is the great circle of statist BS that spins around our the modern world without beginning or end. There is precious little justice in that.

Richard Anderson, “The Justice Makers”, Gods of the Copybook Headings, 2014-09-19.

September 13, 2014

Ohio State University’s bureaucratic approach to student-to-student intimacy

Filed under: Bureaucracy, Law, USA — Tags: , , , , — Nicholas @ 10:46

US colleges and universities are struggling to come up with new and innovative ways of regulating how their students interact in intimate situations. Ohio State University, for example, now requires that students who engage in sexual relations must agree on why they want to have sex to avoid the risk of sexual assault charges being brought:

At Ohio State University, to avoid being guilty of “sexual assault” or “sexual violence,” you and your partner now apparently have to agree on the reason WHY you are making out or having sex. It’s not enough to agree to DO it, you have to agree on WHY: there has to be agreement “regarding the who, what, where, when, why, and how this sexual activity will take place.”

There used to be a joke that women need a reason to have sex, while men only need a place. Does this policy reflect that juvenile mindset? Such a requirement baffles some women in the real world: a female member of the U.S. Commission on Civil Rights told me, “I am still trying to wrap my mind around the idea of any two intimates in the world agreeing as to ‘why.’”

Ohio State’s sexual-assault policy, which effectively turns some welcome touching into “sexual assault,” may be the product of its recent Resolution Agreement with the Office for Civil Rights (where I used to work) to resolve a Title IX complaint over its procedures for handling cases of sexual harassment and assault. That agreement, on page 6, requires the University to “provide consistent definitions of and guidance about the University terms ‘sexual harassment,’ ‘consent,’ ‘sexual violence,’ ‘sexual assault,’ and ‘sexual misconduct.’” It is possible that Ohio State will broaden its already overbroad “sexual assault” definition even further: Some officials at Ohio State, like its Student Wellness Center, advocate defining all sex or “kissing” without “verbal,” “enthusiastic” consent as “sexual assault.”

Ohio State applies an impractical “agreement” requirement to not just sex, but also to a much broader category of “touching” that is sexual (or perhaps romantic?) in nature. First, it states that “sexual assault is any form of non-consensual sexual activity. Sexual assault includes all unwanted sexual acts from intimidation to touching to various forms of penetration and rape.” Then, it states that “Consent is a knowing and voluntary verbal or non-verbal agreement between both parties to participate in each and every sexual act … Conduct will be considered “non-consensual” if no clear consent … is given … Effective consent can be given by words or actions so long as the words or actions create a mutual understanding between both parties regarding the conditions of the sexual activity–ask, ‘do both of us understand and agree regarding the who, what, where, when, why, and how this sexual activity will take place?’”

Update:

September 12, 2014

Welcome to Indiana, here is your regulatory compliance brewpub menu

Filed under: Bureaucracy, Business, Food, USA — Tags: , , — Nicholas @ 08:00

Indiana, like most states, has some odd laws still on the books from the immediate post-Prohibition era, including a “food requirements” rule that specifies that any establishment that serves retail alcoholic beverages must also maintain a restaurant on-site. That restaurant is required to serve certain specific food items. This is how the Bank Street Brewhouse complies with the law:

Indiana regulatory compliance menu

As you can see, this fully complies with the wording of the rule which requires “a food menu to consist of not less than the following:”

  • Hot soups.
  • Hot sandwiches.
  • Coffee and milk.
  • Soft drinks.

H/T to Katherine Mangu-Ward who has more on the ridiculous requirements.

September 9, 2014

QotD: The Iron Law of Redistributionism

Filed under: Bureaucracy, Economics, Politics, Quotations — Tags: , , — Nicholas @ 00:01

[P]olicies intended to “help” the poor are invariably hijacked by a rentier class that fattens on the rising diversion of income. Result: help never arrives, much wealth is destroyed, growth is strangled, and the poor get poorer.

Eric S. Raymond, Google+, 2014-09-06.

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