Quotulatiousness

February 13, 2014

Disproportional punishment

Filed under: Law, USA — Tags: , , , , — Nicholas @ 10:16

In the Washington Post, Jacob Sullum illustrates the weird disproportionality of the sentences handed out to child porn offenders versus the sentences received by actual child abusers:

The legal treatment of people caught with child pornography is so harsh that they can end up serving longer sentences than people who actually abuse children. In a 2009 analysis, federal public defender Troy Stabenow shows that a defendant with no prior criminal record and no history of abusing children would qualify for a sentence of 15 to 20 years based on a small collection of child pornography and one photo swap, while a 50-year-old man who encountered a 13-year-old girl online and lured her into a sexual relationship would get no more than four years.

Under federal law, receiving child pornography, which could mean downloading a single image, triggers a mandatory minimum sentence of five years — the same as the penalty for distributing it. Merely looking at a picture can qualify someone for the same charge, assuming he does so deliberately and is aware that Web browsers automatically make copies of visited sites. In practice, since the Internet nowadays is almost always the source of child pornography, this means that viewing and possession can be treated the same as trafficking.

The maximum penalty for receiving or distributing child porn is 20 years, and federal sentencing guidelines recommend stiff enhancements based on factors that are extremely common in these cases, such as using a computer, possessing more than 600 images (with each video clip counted as 75 images), and exchanging photos for something of value, including other photos. Federal agents reportedly found 200 child porn videos on Loskarn’s hard drive when they arrested him on December 11.

Ninety percent of federal child-porn prosecutions involve “non-production offenses” like Loskarn’s: downloading or passing along images of sexual abuse, as opposed to perpetrating or recording it. As a result of congressional edicts, the average sentence in such cases rose from 54 months in 2004 to 95 months in 2010, according to a 2012 report from the U.S. Sentencing Commission (USSC). The penalties have become so severe, the commission noted, that judges frequently find ways to dodge them, resulting in wildly inconsistent sentences for people guilty of essentially the same conduct.

February 12, 2014

The Beer Store’s pre-emptive strike against a competitive market in Ontario

Filed under: Business, Cancon, Government, Law — Tags: , , , , — Nicholas @ 11:22

Yesterday I got a robo-call from someone representing The Beer Store (what used to be known as the Brewer’s Retail … for my American readers, think of your local DMV crossed with a Cold War-era Soviet department store). The call was to alert me to the possibility that the Ontario government might do something to destroy the worker’s paradise we live in today and allow the total anarchy of private sales of beer, wine, and liquor. I was invited to take part in some sort of “town hall” meeting where all the interested parties would be represented … if you consider only those who are afraid of this change being introduced as being all of the interested parties.

As we all know, the Ontario government isn’t comfortable with the idea of letting go of their own vast-profit-generating booze sales machine (the LCBO), and I doubt that the current Premier and her party are actually going to break the foreign-owned oligopoly that currently controls the sale of beer in the province. In spite of that, the Beer Store and their “stakeholders” are mounting a rather hysterical counter-offensive to preserve the current status quo. As Colby Cosh points out, their success or failure will probably hinge on keeping Ontarians innocent of how a non-monopolized market works in other jurisdictions … particularly in Alberta:

It is encouraging to see so much ridicule being flung at the Beer Store’s “study” defending its role in the Soviet-flavoured Ontario liquor retailing system. The effectiveness of the Beer Store’s white paper depends on its Ontario audience knowing no practical details of freer retail schemes, particularly Alberta’s: yet, by an amusing paradox, the ur-source for the report appears to be Alberta. No one was willing to attach his name to the report itself, but it comes with a foreword by the Parkland Institute’s Greg Flanagan, who deems it a “valuable contribution”—one that, on an unrelated note, makes heavy use of Flanagan’s own past polemics against liquor privatization. What a terrible shame nobody took credit for this excellent document!

What Colby is missing is that Ontario is a unique, precious snowflake of a province, whose residents are unable to handle this so-called “freedom of choice”. Our loving government is protecting our vulnerable, weak-willed selves from the evils of a callous, uncaring, exploitative sector of the economy that ruthlessly wants to sell us more of their intoxicating poisons at lower prices. This is why we must stand firm against “free markets” and rally our shrinking moral forces!

He even admits that the destruction of Alberta’s proud, noble, and much-loved liquor monopoly has brought untold misery and ruin to literally tens, possibly even hundreds, of Albertans:

The effect of liquor-retail privatization in Alberta was to put liquor stores in many small towns that did not have them before and on darn near every block in the big cities. Most, by design, are small stores with large markups. Before privatization you had a handful of stores in the entire province, all offering strongly regulated uniform prices. But you might have to travel a long way to get the advantage of these prices; you might have to leave work early to show up before closing, particularly if you intended to load up for a weekend or a party; and you might have to stand in a queue when you arrived. (Ah, memories.) And if you didn’t compute your needs accurately and you ran out of booze at the wrong moment, you were out of luck.

After privatization, there are stores everywhere, open all the time, on every day but Christmas; and you might be charged an extra buck on a 12-pack. Go on: ask 10 Albertans who are old enough to remember the old system if they would like to go back. I’ve actually performed this exercise, and I usually get ten “hell no”s. But if you make your sample a hundred, you will certainly find a person or two in one of two categories: (1) socialists nostalgic for the days when ALCB employees were duly organized, and could shut down all liquor sales in the province by striking; (2) geriatric grouches who really don’t enjoy alcohol and don’t like its ready availability and what’s with those goddamn kids these days with the reefer and the XBox and the hey hey hey.

See? He even admits that prices went up! Proof that market failure is smeared all over Alberta! And queues are a good thing: they allow you to meet your neighbours and have long, pleasant conversations about all kinds of things! Albertans have been wantonly deprived of this wonderful balm of human contact and interaction!

No, Ontarians are not ready — and may never be ready — for the additional burden of free choice and wider selections at lower prices. We must set our hearts and minds to work against this tradition-destroying innovation and keep our booze prices high and variety minimal!

Spain reconsidering law that makes them venue of choice for international cases

Filed under: China, Europe, Law — Tags: , , — Nicholas @ 08:38

Another day, another non-Spanish leader or ex-leader being charged with crimes against humanity in a Spanish court … but perhaps not for long:

Spain’s MPs voted on Tuesday to push forward with a bill that limits the power of Spanish judges to pursue criminal cases outside the country, a move that human rights organisations said would end Spain’s leading role as an enforcer of international justice.

Last month, the ruling People’s party (PP) tabled a fast-track legal change to curb the use of universal jurisdiction, a provision in international law that allows judges to try cases of human rights abuses committed in other countries. Since being adopted into Spanish law nearly two decades ago, the doctrine has allowed Spanish judges to reach beyond their borders and investigate serious human rights abuses in countries such as Argentina, Rwanda and Guatemala.

Its use put the Spanish justice system into the headlines at times — most famously for the 1998 arrest of the Chilean dictator Augusto Pinochet in London.

“This reform makes it even harder to probe into severe human rights abuses,” said Ignacio Jovtis, of Amnesty International Spain. “It’s a step backwards for human rights and justice.”

Nearly two dozen international human rights groups have spoken out against the change, calling it political interference in the justice system and urging the government to abandon the reform.

It’s one thing to provide a venue for pursuing violations of civil rights, but it’s quite another to allow your justice system to become an international laughingstock. Spain’s legal system has come dangerously close to the latter with the current law in place. It certainly has created some awkward situations like this:

MPs voted to push ahead with the move a day after a court in Spain ordered Interpol to issue arrest warrants for the former Chinese president Jiang Zemin, as well as four senior Chinese officials, over alleged human rights abuses in Tibet decades ago.

The arrest orders come just as Spain is seeking to lift its sagging economy by deepening trade relations with the Asian superpower.

China issued a sharp rebuke, leaving little question that the issue had strained ties between the two countries. “China is strongly dissatisfied and firmly opposed to the erroneous acts taken by the Spanish agencies in disregard of China’s position,” said a foreign ministry spokeswoman, Hua Chunying, at a daily briefing.

February 10, 2014

A “Dumb” parody that Starbucks finds unamusing

Filed under: Business, Law, USA — Tags: , , , — Nicholas @ 09:23

I am not a lawyer, but it seems to me that this “parody” of a Starbucks shop is too similar to the real thing and that it would be easy for someone to think they were buying “the real thing” at this store:

A store labeled as “Dumb Starbucks,” using the Starbucks corporate logo and bearing an almost identical look to an actual Starbucks, opened up in Los Feliz on Friday, according to employees.

It was open until about 6 p.m. Saturday and drinks were free as part of what a barista called a “grand opening.”

The coffee shop reopened again Sunday morning and coffee was again free. Dozens of people could be seen waiting in line to get in.

Messages left with people associated with “Dumb Starbucks” seeking comment have not been returned. Messages left with Starbucks Corporation have also not been returned.

The menu was limited.

On Sunday, there still was no business license or health code rating posted in the establishment. The baristas said they were hired from Craigslist.

Despite the popularity, customers seemed confused about what exactly was going on.

“I saw online that there was a Dumb Starbucks sign. One of my friends posted about it, and I live across the street, so I just walked over,” Jonathan Brown told KPCC. He described it as “weirdly off-kilter,” with everything looking like a regular Starbucks except for the word “dumb” in front of it.

Their “FAQ” posting shows that they’re aware that this ploy may not be lawyer-proof:

Dumb Starbucks FAQ

Update, 11 February: The prank is revealed to be the work of Nathan Fielder.

Mr Fielder appeared in person at the store to make the announcement, where he said there are plans to open a second outlet in Brooklyn, New York.

There had been widespread speculation that the store, which uses Starbucks’ trademarks, was a publicity stunt.

Starbucks said they were aware of the store but denied any affiliation.

“We are evaluating next steps and while we appreciate the humour, they cannot use our name, which is a protected trademark,” a Starbucks spokesperson said in a statement.

February 4, 2014

Administration costs in higher education

Filed under: Bureaucracy, Law, USA — Tags: , , , — Nicholas @ 10:27

Megan McArdle says that the meme about fast-rising tuition costs at university being driven primarily by the increase in administration staff isn’t the whole story:

Tim Burke, a Swarthmore professor who is also a top-notch (if insufficiently prolific) blogger, has penned a long post that is a very useful corrective to this complaint. It isn’t that the professors are wrong, exactly — administration has grown fantastically over the last 50 years. And empire building is undoubtedly some of the reason for this, because all organizations accumulate unnecessary mid-managerial retinues unless the leadership makes a regular effort to scrape off the supernumerary barnacles.

However, most of those administrators have been hired for two much simpler reasons: The faculty wanted to outsource their administrative responsibilities to professionals so they could focus more on teaching and research; and the demands placed on a university are much greater than they used to be.

I am not going to excerpt Burke’s piece because it is too multifaceted, and too good; you’ll just have to read the whole thing. He elaborates the many new things that administrators now do, from monitoring diversity to tending the mental health of the students. He touches on the legal changes that have made much of this administrative bloat into an expensive necessity, a sort of institutional immune system that defends against lawsuits. He also mentions the new regulations, like Title IX, that imply a whole new staff of people certifying that you have complied with their requirements.

February 3, 2014

Corruption in the EU

Filed under: Bureaucracy, Business, Europe, Law — Tags: , , — Nicholas @ 08:46

BBC News discusses a recent EU report on bribery and corruption in Europe:

The extent of corruption in Europe is “breathtaking” and it costs the EU economy at least 120bn euros (£99bn) annually, the European Commission says.

EU Home Affairs Commissioner Cecilia Malmstroem has presented a full report on the problem.

She said the true cost of corruption was “probably much higher” than 120bn.

Three-quarters of Europeans surveyed for the Commission study said that corruption was widespread, and more than half said the level had increased.

Interestingly, the perception of corruption is significantly higher than the (self-reported) incidence:

In the UK only five people out of 1,115 — less than 1% — said they had been expected to pay a bribe. It was “the best result in all Europe”, the report said.

But 64% of British respondents said they believed corruption to be widespread in the UK, while the EU average was 74% on that question.

In some countries there was a relatively high number reporting personal experience of bribery,

In Croatia, the Czech Republic, Lithuania, Bulgaria, Romania and Greece, between 6% and 29% of respondents said they had been asked for a bribe, or had been expected to pay one, in the past 12 months.

There were also high levels of bribery in Poland (15%), Slovakia (14%) and Hungary (13%), where the most prevalent instances were in healthcare.

Ms Malmstroem said corruption was eroding trust in democracy and draining resources from the legal economy.

January 28, 2014

Reforming the NFL (and the NCAA)

Filed under: Football, Law, USA — Tags: , , , , — Nicholas @ 14:33

Gregg Easterbook is worried that we’re at peak football (NFL football, anyway), and has a few suggestions to fix what he thinks are some of the worst problems facing the game as a whole:

For the NFL:

  • Revoke the nonprofit status of league headquarters, and the ability of the league and individual clubs to employ tax-free bonds. A bill before the Senate, from Republican Tom Coburn of Oklahoma, would end these and other sports tax breaks.
  • Require disclosure of painkiller use club by club — as anonymous data, with names removed. Painkiller abuse may be football’s next scandal.
  • Change law so images of football games played in publicly funded stadia cannot be copyrighted. The effect would be that the NFL would immediately repay all stadium construction subsidies, and never seek a subsidy again. Altering national copyright law seems more promising than trying to ban pro football stadium subsidies state by state, since the handouts originate with a broad mix of state, county and city agencies. (Yes, careful wording of such a law would be required to prevent unintended consequences.)

For the NCAA:

  • Graduation rates should be factored into the new FBS playoff ranking system. Not the meaningless “Academic Progress Rate” the NCAA touts precisely because of its meaninglessness — graduation is what matters. News organizations that rank college football should add graduation rates voluntarily, as news organizations have voluntarily agreed to many best-practice standards.
  • For FBS players, the year-to-year scholarship — which pressures them to favor football over the library, to ensure the scholarship is renewed — should be replaced with a six-year scholarship. That way once a player’s athletic eligibility has expired, typically after 4.5 years, and once the NFL does not call — 97 percent of FBS players never take an NFL snap — there will be paid-up semesters remaining for him to be a full-time student, repair credits and earn that diploma. Not all will need the extra semesters. But six-year full scholarships would change big-college football from a cynical exercise in using up impressionable young men and throwing them away, into a fair deal: The university gets great football, the players get educations.
  • NCAA penalties should follow coaches. If a coach breaks rules at College A then skedaddles to College B, all College A sanctions should follow him. The NFL should agree, voluntarily, that the length of any NCAA penalties follows any coach who skedaddles to the pros. So if Coach A gets out of town just before the posse arrives and imposes a two-year sanction on College B, Coach A should face a two-year sanction from the NFL.

[…]

For football at all levels:

  • Eliminate kickoffs, the most concussion-prone down. After a score, the opponent starts on his 25. Basketball eliminated most jump balls; purists cried doom; basketball is just fine.
  • Ban the three-point and four-point stance. Because of these stances, most football plays begin with linemen’s heads colliding. No reform reduces helmet-to-helmet contact faster than requiring all players to begin downs with hands off the ground and heads up. Will this make football a sissified sport? That’s what was said of the forward pass.
  • Only four- or five-star rated helmets should be permitted. Some of the safest helmets are prohibitively expensive for public high school districts, but the four-star, $149 Rawlings Impulse is not. Only double-sided or Type III (individually fitted) mouth guards should be permitted. Double-sided mouth guards are the most cost-effective way to protect against concussions. Many players won’t wear them because they look geeky. If everyone was wearing them, this would not matter.

A more general reform is needed, too. Football has become too much of a good thing. Tony Dungy told me for The King of Sports, “If I could change one aspect of football, it would be that we need more time away for the game, as players and as a society. Young boys and teens should not be doing football year-round. For society, it’s great that Americans love football. But now with the internet, mock drafts, fantasy leagues and recruiting mania year-round, with colleges and high school playing more games and the NFL talking about an even longer schedule — we need time off, away from the game.” We need less of everything about football.

January 27, 2014

FATCA and the “toxic citizen” problem for Americans working abroad

Filed under: Bureaucracy, Law, USA — Tags: , , , , — Nicholas @ 11:04

Emma Elliott Freire explains why she and other Americans living and working in other countries feel like they’re being treated as “toxic citizens”:

The [travel] books tend to emphasize romance and adventure. As an American who is actually living abroad, though, I’ve found that the reality is quite different. My fellow Americans back home sometimes regard me with suspicion, and I feel like my government considers me a “toxic citizen.”

The US is one of two countries in the world that taxes its citizens on the income they earn while living abroad. The other is Eritrea. Every single other country bases its taxation on residency, i.e., you only pay taxes where you live and work.

Americans are required to file an annual tax return with the IRS when they’re abroad — even if they don’t owe any money. They’re also required to file a form called an FBAR to declare their foreign bank accounts. An undeclared account incurs a $10,000 fine.

As you might expect, international tax accountants get a lot of business from Americans. One tax accountant based in Amsterdam told me his American clients take their filings very seriously. “If they get the IRS going after them, they have a real problem,” he says.

His clients are the savvy ones, though. In my experience, many Americans who move abroad are not aware that they need to file. The US government does precious little to inform its citizens of their obligations in this area. Over several years, I’ve been informally asking Americans I meet abroad if they file their US taxes. Most of them told me they don’t. They only file and pay taxes in their country of residency. They assume that’s enough. But, in fact, they have unwittingly become lawbreakers. If they move back to America, they could find themselves in quite a bit of trouble.

The IRS is enforcing new rules passed in 2010, which extend US taxation laws to non-US banks that deal with American citizens. To no great surprise (except perhaps to the legislators themselves), a side-effect of this is that many banks are closing existing accounts and refusing to accept new business from American would-be customers:

The IRS is currently implementing a new law called the Foreign Account Tax Compliance Act (FATCA). Basically, FATCA requires every bank in the entire world to report the account information of its American clients. So every bank in the world is becoming an agent of the US government. It’s still unclear how FATCA can be implemented because in some countries it violates national privacy laws. However, FATCA stipulates that any foreign bank that fails to comply will be subject to a 30 percent withholding tax on its US income.

January 22, 2014

Private prisons – crony capitalist palaces of injustice

Filed under: Business, Law, USA — Tags: , , , — Nicholas @ 00:01

The United States has seen a vast increase in the number of drug offenders (the majority of them non-violent) and a corresponding increase in the private prison industry. As Wendy McElroy explains, these are not free-market solutions to a government problem: they’re monuments to crony capitalism:

The United States leads the world, by a large margin, in the production of at least one thing: prisoners. We have 25 percent of the world’s inmates, but just 5 percent of the world’s population.

Where do they come from? Well, since the Anti-Drug Abuse Act of 1986, the number of American inmates has risen from approximately 300,000 to a currently estimated 2.3 million. This statistic points to the role of drug-related victimless “crime” in creating prisoners.

There are other sources. The “private prison complex” is a creation of crony capitalism through which privileged corporations are paid well for the “care” of inmates and for leasing out prison labor to other businesses.

Ten percent of American prisons are now “privately” operated, for-profit businesses. Between 1990 and 2010, the number of for-profit prisons rose 1600 percent, far outpacing the growth of public ones or the population at large. The likelihood of being arrested is already higher in America than anywhere else in the world. That likelihood will rise if the financial incentives to imprison more people continue or increase.

[…]

“Private” prisons are run by corporations to which government outsources the care of inmates. The corporation receives X tax dollars for each prisoner, quite apart from the actual cost of care. This builds in an incentive to skimp on services such as food and medical care. And, indeed, most prison contracts include a “low-crime tax” or “lock-up quota.” This system means taxpayers compensate the corporation for empty cells if the number of prisoners falls below a set quota. A recent report, “Criminal: How Lockup Quotas and ‘Low-Crime Taxes’ Guarantee Profits for Private Prison Corporations,” found the average “occupancy guarantee” to be 90 percent; in four states, it is between 95 percent and 100 percent. Thus the “private” prison is guaranteed a tax-funded profit.

[…]

The “private” prison industry is private in the same sense that crony capitalism is capitalist. Namely, not at all. It is the antithesis of a truly private industry that competes in the free market, does not accept tax funds, and cannot compel labor. By contrast, the “private” prisons enjoy a monopoly over a service that is created by laws and sentencing policies. They receive tax money and preferential treatment. They exploit captive labor through circumstances similar to plantation slavery.

January 9, 2014

The Anti-Social Behaviour, Crime and Policing Bill, “a revolution in law-making, creating an unprecedented form of blank-cheque state power”

Filed under: Britain, Law, Liberty — Tags: , , , — Nicholas @ 11:30

Josie Appleton on the amazingly restrictive bill wending its way through the UK parliamentary process:

The bill includes Injunctions to Prevent Nuisance and Annoyance (IPNAs), which can be issued against anybody whose conduct — or threatened conduct — is capable — on the balance of probabilities — of causing nuisance or annoyance to any person.

Few things in the public space are incapable of at least annoying someone. Some people can be annoyed by busking, ball games, skateboarding, street preaching, protests, and all the rest of it. As the former director of public prosecutions Lord Macdonald QC judged: ‘It is difficult to imagine a broader concept than causing “nuisance” or “annoyance”. The phrase is apt to catch a vast range of everyday behaviours to an extent that may have serious implications for the rule of law.’

[…]

However, the problems don’t stop with clause 1. Other clauses in the bill include Public Space Protection Orders (clause 55), which allow local authorities to ban any activity which has a ‘negative effect on the quality of life’ of the area. This ban can be applied to particular groups or individuals, and can also impose conditions with which such groups must comply. This is drafted so broadly it could target anything from sleeping rough, collecting for charity, public drinking, begging, feeding pigeons, or smoking in parks. Indeed, the lead civil servant agrees that the law could be used against groups ‘if there is a localised issue’, such as a ‘group of Goths’ or ‘twentysomethings listening to music in a park’.

At base, this bill represents a revolution in law-making, creating an unprecedented form of blank-cheque state power. The aim is explicit: rather than create specific powers, it seeks to remove limitations to local authorities’ actions. The civil servant says: ‘We don’t want to put too many constraints in the legislation.’ Well, there is no danger of that.

The bill completes the transformation of the role of the British local authority, from a limited body concerned with public provision to a summary law-maker and public-order power.

Oh, that’s okay then – Congress has the same constitutional protections as other Americans (i.e., none whatsoever)

Filed under: Government, Law, Liberty, USA — Tags: , , , — Nicholas @ 10:59

Like Andrew Napolitano, I’m sure all members of congress heaved a sigh of relief when the NSA said that they have exactly the same constitutional right to privacy from surveillance as every other American does. Wait, what?

Last week, Sen. Bernie Sanders, I-Vt., wrote to Gen. Keith Alexander, director of the National Security Administration (NSA), and asked plainly whether the NSA has been or is now spying on members of Congress or other public officials. The senator’s letter was no doubt prompted by the revelations of Edward Snowden to the effect that the federal government’s lust for personal private data about all Americans and many foreigners knows no bounds, and its respect for the constitutionally protected and statutorily enforced right to privacy is nonexistent.

[…]

All of this is background to the timing of Sanders’ letter. That Clapper perjured himself before, and Alexander misled, Congress is nothing new. And the punishments for lying to Congress and for misleading Congress are identical: five years per lie or per misleading statement. Hence, the silence from the NSA to Sanders.

Well, it wasn’t exactly silence, but rather a refusal to answer a simple question. The NSA did reply to Sanders by stating — in an absurd oxymoron — that members of Congress receive the same constitutional protections as other Americans: that is to say, none from the NSA.

The NSA’s refusal to answer Sanders’ question directly is a tacit admission, because we are all well aware that the NSA collects identifying data on and the content of virtually every email, text message and phone call sent or received in the U.S. In fact, just last week, the secret FISA court renewed the order authorizing massive records collection for the 36th time. If members of Congress are treated no differently than the American public, then the NSA is keeping tabs on every email, text and phone call members of Congress send and receive, too.

That raises a host of constitutional questions. Under the Constitution, Congress and the executive branch are equals. The president — for whom the NSA works — can no more legally spy on members of Congress without a search warrant about the members to be spied upon than Congress can legally spy on the president. Surely the president, a former lecturer in constitutional law at the University of Chicago Law School, knows this.

There was a time when the NSA’s failure to answer such a straightforward question as Sanders has asked would have led to hearings and bipartisan investigations. However, Democrats are largely silent, choosing party and personality over principle, and Republicans know all of this started under President George W. Bush and are afraid to open a can of worms — except for King, who apparently likes to be spied upon.

January 8, 2014

David Harsanyi on Colorado’s recent marijuana legalization

Filed under: Health, Law, Liberty, USA — Tags: , , — Nicholas @ 13:45

On the one hand, he’s delighted that something he advocated for years finally came to pass. On the other, well, he’s still also in favour of adults being allowed to make decisions on what they put into their bodies (and owning the consequences of their actions), so perhaps we only need the one hand after all.

As a Denver Post columnist from 2004-2011, I spent a considerable amount of time writing pieces advocating for the legalization of pot. So I was happy when the state became one of the first to decriminalize small amounts of “recreational” marijuana. I believe the War on Drugs is a tragically misplaced use of resources; an immoral venture that produces far more suffering than it alleviates. And on a philosophical level, I believe that adults should be permitted to ingest whatever they desire — including, but not limited to, trans-fats, tobacco, cough syrup, colossal-sized sodas, and so on — as long as they live with the consequences.

You know, that old chestnut.

Unrealistic? Maybe. But less so than allowing myself to believe human behavior can/should be endlessly nudged, cajoled and coerced by politicians.

So, naturally, I was curious to see how marijuana sales in Colorado would shake out. According to the Denver Post, there are nearly 40 stores in Colorado licensed to sell “recreational” pot. Medical marijuana has been legal for more than a decade. (And, having spent time covering medical pot “caregivers” — or, rather, barely coherent stoners selling cannabis to other barely coherent stoners, a majority of whom suffer from ailments that an Excedrin could probably alleviate — it will be a relief to see that ruse come to end. I’m not saying marijuana doesn’t possess medicinal uses. I’m saying that most medicinal users are frauds.)

Not surprisingly, pot stores can’t keep up with demand for a hit of recreational tetrahydrocannabinol. Outside of Denver shops, people are waiting for up to five hours to buy some well-taxed and “regulated” cannabis. The pot tourists have also arrived. All this, the Denver Post estimates, will translate into $40 million of additional tax revenue in 2014 — the real reason legalization in Colorado became a reality.

January 6, 2014

Police killed in line of duty – the good news and the not-so-good news

Filed under: Law, USA — Tags: , , , — Nicholas @ 10:32

The good news is that in the United States, the number of police officers killed in the performance of their duties dropped to a level last seen in 1959. The bad news is that the number of people killed by the police didn’t drop:

The go-to phrase deployed by police officers, district attorneys and other law enforcement-related entities to justify the use of excessive force or firing dozens of bullets into a single suspect is “the officer(s) feared for his/her safety.” There is no doubt being a police officer can be dangerous. But is it as dangerous as this oft-deployed justification makes it appear?

    The annual report from the nonprofit National Law Enforcement Officers Memorial Fund also found that deaths in the line of duty generally fell by 8 percent and were the fewest since 1959.

    According to the report, 111 federal, state, local, tribal and territorial officers were killed in the line of duty nationwide this past year, compared to 121 in 2012.

    Forty-six officers were killed in traffic related accidents, and 33 were killed by firearms. The number of firearms deaths fell 33 percent in 2013 and was the lowest since 1887.

This statistical evidence suggests being a cop is safer than its been since the days of Sheriff Andy Griffith. Back in 2007, the FBI put the number of justifiable homicides committed by officers in the line of duty at 391. That count only includes homicides that occurred during the commission of a felony. This total doesn’t include justifiable homicides committed by police officers against people not committing felonies and also doesn’t include homicides found to be not justifiable. But still, this severe undercount far outpaces the number of cops killed by civilians.

We should expect the number to always skew in favor of the police. After all, they are fighting crime and will run into dangerous criminals who may respond violently. But to continually claim that officers “fear for their safety” is to ignore the statistical evidence that says being a cop is the safest it’s been in years — and in more than a century when it comes to firearms-related deaths.

Why patents were invented

Filed under: Law, Technology — Tags: , , , — Nicholas @ 08:57

In The Register, Tim Worstall explains why the notion of patents was introduced to the law and why we need to fix it now:

Having decided that the patent problem is an attempt to solve a public goods problem, as we did in part 1, let’s have a look at the specific ways that we put our oar into those perfect and competitive free markets.

It’s worth just noting that patents and copyright are not, absolutely not, the product of some fevered free market dreams. Rather, they’re an admission that “all markets all the time” does not solve all problems. That exactly why we create the patents.

Given that people find it very difficult to make money from the production of public goods, we think that we probably get too few of them. Innovation, the invention of new things for us to enjoy, is one of those public goods. It’s a hell of a lot easier to copy something you know can already be done than it is to come up with an invention yourself. So, if new inventions can be copied easily then we think that too few people will invent new things. We’re not OK with this idea. Thus we create a property right in that new invention. The inventor can now make money out of the invention and thus we get more new things.

And if it were only that simple, then of course we’d all be for patenting everything for ever. However it isn’t that simple. For not only do we want people to invent new things, we also want people to be able to adapt, extend, play with, improve those new things. Or apply them to areas the original inventor had no thought about. In the jargon, we want not just new inventions but also derivative ones. So we want to balance the ability of inventors to protect with the ability of others to do the deriving. And that’s probably what is actually wrong with our patent system today.

Have a look at Tabarrok’s curve:

Tabarrok's curve (after Laffer's curve), where economist Alex Tabarrok posits that, beyond a certain value, increased protection for intellectual property causes less innovation.

Tabarrok’s curve (after Laffer’s curve), where economist Alex Tabarrok posits that, beyond a certain value, increased protection for intellectual property causes less innovation.

If we have no protection of originality, then we get too little innovation. But if we have too strong a protection, then we get too little of the derivative stuff. There’s a sweet spot and the argument is that we’re not at it at present and are thus missing out on some goodies as a result. Perhaps some tweaks to the system would help?

January 4, 2014

Colorado – pot capital of North America

Filed under: Law, Liberty, USA — Tags: , , — Nicholas @ 10:22

In yesterday’s Goldberg File email “news”letter, Jonah Goldberg talks about the legalized marijuana situation in Colorado:

I should say I’ve long favored the gradual decriminalization and eventual legalization of pot (but not narcotics). My reasons never stemmed from a burning desire to see ganja legalized. I simply recognized that pot is different from hard drugs and lumping them all together created real political problems and real injustices. I wanted it to be gradual for Burkean reasons. Give the culture time to adapt and to create healthy stigmas against being high all the time.

Things are moving a bit too fast for my tastes, but the way it’s happening is still better than many of the alternatives. The worst way to do it would be top-down, from D.C. Colorado (and Washington State) will be test cases. We’ll see how it works out.

I should also say I pretty much agree with David Brooks’s column today. Pot smoking is something to grow out of early, or never start. Yes, I know there are exceptions, but as a general rule I’m convinced pot-smoking — particularly routine pot-smoking — creates potheads, by which I mean fuzzy-minded and slothful people (or people who are more fuzzy-minded and slothful than they would otherwise be). If you are one of the high-functioning exceptions, or if you are a pothead and don’t realize that you are not one of the high-functioning exceptions, I’m sorry if this hurts your feelings.

[…]

A friend pointed out an irony in all of this. Right now, inequality is supposed to be the great bane of our nation. According to liberals like Barack Obama and Bill de Blasio, inequality is a function of systemic problems in the U.S. The have-nots have naught because of the deficiencies of our economic and political system. The victims deserve none of the blame. While that’s obviously true for some people, it’s also obviously untrue for others. For instance, heroin junkies rarely leave the bottom quintile. That’s not because John Locke and Adam Smith duped the Founding Fathers. More important, culture matters more than pure economic arrangements. For instance, as Charles Murray has demonstrated for decades, family structure has an enormous role in economic disparities. Today the data is pretty much in that family structure is a better predictor of economic mobility than inequality. That goes for this tragic symbol of income inequality, too.

It seems obvious to me that in a country where pot is cheap and ubiquitous, kids raised in messed-up families will be more likely to smoke pot — and more of it. Doing so may give temporary respite from the anxieties of a dysfunctional family, but it won’t better prepare them for a successful life. “A man may take to drink because he feels himself to be a failure,” Orwell writes, “and then fail all the more completely because he drinks.” Similarly, a teen may take to weed because he feels himself a loser and then become all the more of a loser because he smokes weed.

The irony is that liberals who think inequality is so terrible are cheering a reform that will in all likelihood exacerbate inequality. At least the libertarians celebrating the news from Colorado are consistent. They don’t care about income inequality. They argue legalization will increase liberty and happiness. They are right on the liberty part. The jury is out on the happiness part.

Update: Apparently one of David Brooks’ old toking buddies had a response to the column that Jonah linked to. It’s … well worth reading.

The other part he didn’t tell was about how we got high at lunch. This was back when you could smoke at school. Cigarettes, I mean, but naturally that wasn’t all we smoked. Smokers had to go to an area set up outside the cafeteria, hemmed in by the other wings of the building, sort of like a cell block. Architects must have been stoned or something, or maybe that was back when we didn’t care so much about smoking, but anyway they put the air intake for the second floor in a corner of the cell block. So we were smoking this joint of Jamaican over in that corner and Dave got the bright idea to blow the smoke into the register. “That’ll make everyone up there one of us!” he said. And sure enough when we went up to class the whole floor stank and the vice-principal was hustling up and down the hallway, wrinkling his nose like a bloodhound trying to figure out where the smell was coming from, and then he went into the boys’ room and dragged out one of the only two black boys at Radnor High, yelling at him for smoking pot in school.

I remember the guilty look on Dave’s face when he saw Mr. Santangelo with the kid by the collar. Later on, he told me that he was tempted to confess, but he also happened to know that that boy did smoke pot, that he was a full-on stoner, so if he got in a little trouble, it might be good for him. When I read today that Dave thinks that “not smoking, or only smoking sporadically gave you a better shot at becoming a little more integrated and interesting,” while “smoking all the time seemed likely to cumulatively fragment a person’s deep center,” I thought about that boy and wondered if getting kicked out of school had helped him hold together his deep center, and if his going to juvy was the kind of subtle discouragement that Dave thinks governments should engage in when it comes to the “lesser pleasures.” I suppose he thought he was doing the kid a favor by letting him take the rap.

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