I stand by #RachelDolezal.
10% of all people are born #WrongSkin
It's not a joke and you have no right to shame us pic.twitter.com/2qWlPMdQKg
— Godfrey Elfwick (@GodfreyElfwick) June 12, 2015
June 13, 2015
We’re approaching peak offensensitivity
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June 12, 2015
Reason becomes a DOJ target because commenters disrespected a judge
Every now and again, it’s easy to believe that we’ve somehow slipped down a hole in time to a less free, more authoritarian time. This is the kind of thing you could easily imagine happening in Fascist Italy or Franco’s Spain rather than in the United States in 2015:
The United States Department of Justice is using federal grand jury subpoenas to identify anonymous commenters engaged in typical internet bluster and hyperbole in connection with the Silk Road prosecution. DOJ is targeting Reason.com, a leading libertarian website whose clever writing is eclipsed only by the blowhard stupidity of its commenting peanut gallery.
Why is the government using its vast power to identify these obnoxious asshats, and not the other tens of thousands who plague the internet?
Because these twerps mouthed off about a judge.
Last week, a source provided me with a federal grand jury subpoena. The subpoena, issued by the U.S. Attorney’s Office for the Southern District of New York, is directed to Reason.com in Washington, D.C.. The subpoena commands Reason to provide the grand jury “any and all identifying information” Reason has about participants in what the subpoena calls a “chat.”
[…]
Regrettably, The Government Can Probably Abuse the Grand Jury Subpoena Power This Way
The grand jury’s investigative power — exercised nominally on its behalf by the U.S. Attorney’s office — is nearly unchecked. It’s not like a stop-and-frisk or search; the government doesn’t need reasonable suspicion or probable case to use grand jury subpoenas to seek information. In general, one can only challenge grand jury subpoenas when they are irrationally burdensome (like demanding that Apple produce every document about iPhones in its possession) or for an improper purpose (like using the grand jury to improve trial evidence after an indictment has already been returned) or, very rarely, when privacy or constitutional issues are in play.
Reason.com — or the anonymous commenters — could file an action in federal court seeking to quash this subpoena. We know how that would likely come out, because someone recently did it. During the 2012 election cycle a juvenile but prolific Twitter personality named “Mr. X” tweeted “I want to fuck Michelle Bachman in the ass with a Vietnam era machete.” The government subpoenaed Twitter for Mr. X’s identifying information; Mr. X filed a motion to quash the subpoena. The United States District Court for the District of Columbia rejected the motion.
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The long-lasting impact of the “Little House” books
Jason Kuznicki on the deep emotional grasp Laura Ingalls Wilder’s “Little House” books are still having today:
“Not ‘Harry Potter’!” says Alice, age five. “I want ‘Little House’!”
It’s the age of negotiated bedtime reading. My husband and I oblige, and tonight we read from Little House in the Big Woods, the first installment of Laura Ingalls Wilder’s fictionalized autobiography. We take turns reading: Alice reads, then I do, then Scott does. Then Alice reads again. It’s never enough.
What draws her in? A lot of things. The characters are mostly female, young, and strong. Laura herself begins “Little House” at four, an age that wins our daughter’s ready empathy. Not unlike the first volume of “Harry Potter,” Little House in the Big Woods introduces an unknown world; done properly, that’s always exciting. As generations already know, the story is clean and earnest, without affectation or smarm. And it’s told in words that Alice can read all on her own — a great confidence builder.
It’s sometimes hard to fathom, though, just how different Laura’s life was from our own: churning butter, salting meat, boiling down maple syrup… Megan McArdle discussed all this in a recent piece for Bloomberg. The “Little House” books open up a lost world for today’s kids — and for today’s adults:
[A]s an adult… what really strikes you is how incredibly poor these people were. The Ingalls family were in many ways bourgeoisie: educated by the standards of the day, active in community leadership, landowners. And they had nothing.
We’re not just talking a different skill set, then. The skills came of necessity, and of hardships almost wholly unknown today: “Little House” contains the actual sentence, “They had never seen a machine before” — because, well, they hadn’t.
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June 10, 2015
June 3, 2015
The great Los Angeles minimum wage experiment
I missed this post a few weeks back from Kevin Drum at Mother Jones, pointing out that we won’t really know the full impact of the Los Angeles experiment with significantly higher minimum wages:
So my near neighbor of Los Angeles is poised to raise the minimum wage to $15. How should we think of that?
Personally, I’m thrilled. Not because I think it’s a slam-dunk good idea, but because along with Seattle and San Francisco it will give us a great set of natural experiments to figure out what happens when you raise the minimum wage a lot. We can argue all we want; we can extrapolate from other countries; and we can create complex Greek-letter models to predict the effects — but we can’t know until someone actually does it.
So what do I think will happen? Several things:
In the tradeable sector, such as clothing piece work and agriculture, the results are very likely to be devastating. Luckily, LA doesn’t have much agriculture left, but it does have a lot of apparel manufacture. That could evaporate completely (worst case) or perhaps migrate just across the borders into Ventura, San Bernardino, and other nearby counties. Heavier manufacturing will likely be unaffected since most workers already make more than $15.
In the food sector, people still need to eat, and they need to eat in Los Angeles. So there will probably be little damage there from outside competition. However, the higher minimum wage will almost certainly increase the incentive for fast food places to try to automate further and cut back on jobs. How many jobs this will affect is entirely speculative at this point.
Other service industries, including everything from nail salons to education to health care will probably not be affected much. They pretty much have to stay in place in order to serve their local clientele, so they’ll just raise wages and pass the higher prices on to customers.
Likewise, retail, real estate, the arts, and professional services probably won’t be affected too much. Retail has no place to go (though they might be able to automate some jobs away) while the others mostly pay more than $15 already. The hotel industry, by contrast, could easily become less competitive for convention business and end up shedding jobs.
While I’m certainly in favour of people being able to afford to live on their base income, I’m afraid that this experiment is going to hurt a lot of already at-risk poor people who will have few other options if their jobs go away. I’m especially amused that LA-area union reps are now reported to be pushing to exempt the businesses where their members work (so that unions will have an effective monopoly on low-wage jobs because non-unionized companies would have to pay a higher wage). That, after putting all their organizational muscle behind getting the minimum wage raised in the first place. That’s a high grade of cynicism.
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June 1, 2015
It’s time to end the US federal porn subsidy!
At Real Clear Science, Alex B. Berezow issues a clarion call to stop the US government’s (hidden) subsidy to pornography producers:
You might be asking, What federal porn subsidy? Fair question. Technically, there isn’t a federal porn subsidy. However, if we borrow some of the logic commonly used by politically driven economists, we can redefine the word subsidy to mean whatever we want.
Pornography is enjoyed by many people, but it comes with a very real social cost: it can break up families and perhaps even become an addiction, which are profound losses of productivity. Economists refer to these as negative externalities — i.e., bad side effects that affect people other than the person making the decision. One way to deal with such decisions is to tax them. This should, in theory, reduce the negative side effects, while simultaneously forcing the decisionmaker to bear the “true cost” of his actions. Clearly, if anyone should have to pay for this societal cost, it should be porn watchers, in the form of a porn tax. If they don’t pay such a tax, they are getting an indirect subsidy.
As it turns out, we don’t have a federal porn tax. Thus, we could say that the American government has issued a federal porn subsidy.
Obviously, that reasoning is absurd. Not only does it dubiously redefine the word subsidy, but it unconvincingly claims to be able to accurately place a price tag on every conceivable externality created by watching porn. Accepting that argument would require a nearly complete suspension of disbelief.
Yet, that is essentially the argument that a group of economists at the International Monetary Fund (IMF) just made about fossil fuel subsidies. (See PDF.)
[…]
The Guardian, which penned the most influential coverage, began its article with an eye-popping statistic:
“Fossil fuel companies are benefitting from global subsidies of $5.3tn (£3.4tn) a year, equivalent to $10m a minute every day…”
Wow. $5.3 trillion in fossil fuel subsidies? That sounds insane. But, how do they arrive at that number? The Guardian goes on to explain:
“The vast sum is largely due to polluters not paying the costs imposed on governments by the burning of coal, oil and gas. These include the harm caused to local populations by air pollution as well as to people across the globe affected by the floods, droughts and storms being driven by climate change.”
Ah, okay. The subsidy isn’t a direct financial calculation, but is instead based on a bunch of externalities whose costs are nearly impossible to derive with any sense of believability. To give you an idea of just how much fudging exists in these kinds of calculations, a similar report issued in 2013 (PDF) concluded that the fossil fuel subsidy was $1.9 trillion. A discrepancy of $3.4 trillion should raise red flags in regard to methodology.
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May 31, 2015
Jonah Goldberg – The real Republican primary contest
Jonah was taken aback by something Kevin Williamson wrote — not so much at the article itself, but at the casual assertion that his favourite presidential candidate was “the mighty Cthulhu (‘Why Vote for a Lesser Evil?’)”. Jonah explains why:
I found this curious. Kevin’s preferred candidate is Cthulhu? Don’t get me wrong, I get the appeal. Cthulhu gets things done. He doesn’t pander. He certainly seems to believe in a kind of sound-money policy (by the way, I’m using the masculine pronoun for convenience, not descriptive accuracy; Cthulhu is beyond sex and gender). But Cthulhu poses some problems as a presidential candidate. The first that comes to mind is that he is evil.
I should note that the claim that Cthulhu is evil has actually sparked some controversy on Twitter. Some of his devotees tell me that he’s beyond mortal conceptions of evil which, of course, is what evil people always say. Moreover, his campaign slogan is “Why vote for the lesser evil?” Is he lying? Will he be a flip-flopper, refusing to follow through on his platform of full-spectrum evil? The last thing this country needs is an EDINO — Evil Deity In Name Only. No, I take him at his word.
Call me old-fashioned, but even though I take a back seat to no one in appreciating the appeal of a cleansing fire that shall sanitize this corrupt husk of a planet, choosing evil still strikes me as morally problematic.
Jonah’s preferred choice? SMOD:
I suggest that for the principled conservative looking to chuck it all in and give up, there’s only one candidate with the credentials and philosophy the times require. I’m referring, of course, to the Sweet Meteor of Death, Smod to his friends.
Smod describes himself as a “pre-cambrian conservative.” He has no cultists looking to rule in his name. He doesn’t endorse evil, merely the sweet release of planetary destruction. While Cthulhu can be a bit of windbag, Smod makes no speeches, he makes no sounds at all as he glides through the cosmic ether. Calvin Coolidge looks loquacious by comparison. Meanwhile, Cthulhu’s will is unpredictable, he vows chaos and anarchy here on earth. Smod provides what the market demands: certainty, predictability, and simple rules for a complex society. Who knows what Cthulhu will do tomorrow? With Smod there is no tomorrow. He has the single-minded focus only a cold and soulless inanimate object can provide.
Last, Smod is real. We don’t know when he’ll get here, but odds are he eventually will. Sure, “Why Choose the Lesser Evil?” is a great bumper sticker, but aren’t we tired of fakes who fail to deliver? To borrow a phrase from Seinfeld, Smod is real and he’ll be spectacular (for a fraction of a second. And then silence. Sweet, sweet silence).
Kevin responds:
Jonah, I thank you for the kind words. But, hesitant as I am to disagree, I think you might need to think through this a little bit. I am second to none in my admiration for Sweet Meteor O’Death, and I pray devoutly that he arrives in one piece every time I turn on MSNBC, but there is a strong case to be made for Cthulhu in 2016.
Smod is a little bit like Rick Santorum: You may sympathize with what he stands for, but that doesn’t mean you necessarily want him to be president. Imagine the fear, the absolute terror, the despairing wails of the entire human race at the moment of his arrival: You could get all that by nominating Santorum for secretary of education and saving the presidency for surer hands.
Jonah, I think this is another case of the tension between more libertarian-leaning conservatives such as myself and the more traditional Burkeans such as you. I am perfectly comfortable with a reign of eldritch chaos on Earth, while you, in spite of your own warnings against the totalitarian temptation, present us with the ultimate one-size-fits-all solution. Yes, solving all of our problems in a blinding flash of planet-ending mass extinction is, given the current political environment, a genuine feel-good solution — but what are we, hippies?
Sure, Smod is bound to have some clever campaign ads, e.g. a big picture of the Earth over the slogan “I’d Hit That!” (Another possible Smod motto: “The End Is Near and It’s Going to Be Awesome.” You’d think he’d have thought of that.) But we cannot allow ourselves to be distracted by that kind of shallow demagoguery.
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Does the rise of microaggressions actually prove the world is getting better?
Steven Horwitz makes the case that the growing awareness of microaggressions — at least on campus and in the media — may actually prove that life in general is getting better:
A recurring theme of recent human history is that the less of something bad we see in the world around us, the more outrage we generate about the remaining bits.
For example, in the 19th century, outrage about child labor grew as the frequency of child labor was shrinking. Economic forces, not legislation, had raised adult wages to a level at which more and more families did not need additional income from children to survive, and children gradually withdrew from the labor force. As more families enjoyed having their children at home or in school longer, they became less tolerant of those families whose situations did not allow them that luxury, and the result was the various moral crusades, and then laws, against child labor.
We have seen the same process at work with cigarette smoking in the United States. As smoking has declined over the last generation or two, we have become ever less tolerant of those who continue to smoke. Today, that outrage continues in the form of new laws against vaping and e-cigarettes.
The ongoing debate over “rape culture” is another manifestation of this phenomenon. During the time that reasonably reliable statistics on rape in the United States have been collected, rape has never been less frequent than it is now, and it is certainly not as institutionalized as a practice in the Western world as it was in the past. Yet despite this decline — or in fact because of it — our outrage at the rape that remains has never been higher.
The talk of the problem of “microaggressions” seems to follow this same pattern. The term refers to the variety of verbal and nonverbal forms of communication that are said to constitute disrespect for particular groups, especially those who have been historically marginalized. So, for example, the use of exclusively masculine pronouns might be construed as a “microaggression” against women, or saying “ladies and gentlemen” might be seen as a microaggression against transsexuals. The way men take up more physical space on a train or bus, or the use of the phrase “walk-only zones” (which might offend the wheelchair-bound) to describe pedestrian crossways, are other examples.
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May 30, 2015
QotD: Education
A couple of days spent examining the literature of the New Thought in pedagogy are enough to make the judicious weep. Its aim seems to be to reduce the whole teaching process to a sort of automatic reaction, to discover some master formula that will not only take the place of competence and resourcefulness in the teacher but that will also create an artificial receptivity in the child. The merciless application of this formula (which changes every four days) now seems to be the chief end and aim of pedagogy. Teaching becomes a thing in itself, separable from and superior to the thing taught. Its mastery is a special business, a transcendental art and mystery, to be acquired in the laboratory. A teacher well grounded in this mystery, and hence privy to every detail of the new technic (which changes, of course, with the formula), can teach anything to any child, just as a sound dentist can pull any tooth out of any jaw.
All this, I need not point out, is in sharp contrast to the old theory of teaching. By that theory mere technic was simplified and subordinated. All that it demanded of the teacher told off to teach, say, geography, was that he master the facts in the geography book and provide himself with a stout rattan. Thus equipped, he was ready for a test of his natural pedagogical genius. First he exposed the facts in the book, then he gilded them with whatever appearance of interest and importance he could conjure up, and then he tested the extent of their transference to the minds of his pupils. Those pupils who had ingested them got apples; those who had failed got fanned with the rattan. Followed the second round, and the same test again, with a second noting of results. And then the third, and fourth, and the fifth, and so on until the last and least pupil had been stuffed to his subnormal and perhaps moronic brim.
I was myself grounded in the underlying delusions of what is called knowledge by this austere process, and despite the eloquence of those who support newer ideas, I lean heavily in favor of it, and regret to hear that it is no more. It was crude, it was rough, and it was often not a little cruel, but it at least had two capital advantages over all the systems that have succeeded it. In the first place, its machinery was simple; even the stupidest child could understand it; it hooked up cause and effect with the utmost clarity. And in the second place, it tested the teacher as and how he ought to be tested — that is, for his actual capacity to teach, not for his mere technical virtuosity. There was, in fact, no technic for him to master, and hence none for him to hide behind. He could not conceal a hopeless inability to impart knowledge beneath a correct professional method.
H.L. Mencken, “Education”, Prejudices, Third Series, 1922.
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May 29, 2015
The legacy of the great satanic sex abuse panic still resonates today
Radley Balko reports on the recent release of two former Austin, Texas daycare owners … who’ve been in prison since 1992 on the testimony of a toddler and “expert evidence” from a satanic ritual expert and how the moral panic of the day made it impossible for the courts to see how utterly unlikely the case actually was:
The panic actually began in the 1980s. It was instigated and perpetuated mostly by groups of fundamentalist Christians who saw Satan in every heavy metal album, “Smurfs” episode, and Dungeons & Dragons game, along with a quack cadre of psychotherapists who were convinced they could dig up buried memories through hypnosis. What they did instead was shed some light on just how potent the power of suggestion can be. Remarkably, children were convinced to testify about horrifying — and entirely fictional — violations perpetrated on them by care workers and, in some cases, by their own parents.
But it wasn’t just children. As the Kellers’ conviction shows, the panic was so overwhelming, it could convince trained medical professionals to see abuse where there was none. Some defendants were convicted of gruesome crimes such as the aforementioned dismembering of babies despite the fact that there were no corpses and no babies missing from the immediate area.
[…]
That the highest court in Texas still can’t bring itself to declare the couple innocent, in spite of all that we know now, shows just how difficult it can be to undo the damage caused by a moral panic and junk science in the courtroom.
[…]
Here’s an observation from the panic that I don’t think has been fully explored: These kids didn’t make up these stories. In this case and dozens of others, the kids were telling tales with details about geography, history and current events about which kids of their age couldn’t have known. That’s likely what made their stories seem somewhat credible. But the fact that it all was fictitious reveals a particularly unsettling truth: These sick, lurid, unimaginable abuses could only have been a product of the imaginations of the therapists, social workers, cops and/or prosecutors who interviewed the children. If the memories were implanted, those are the only people who could have implanted them. That means that the same people entrusted to protect these kids, and in whom these communities trusted to police the streets, prosecute crimes and administer therapy, were ultimately the ones capable of dreaming up detailed sexual fantasies that put children in bizarre rituals involving violence, animals, corpses and so on.
There’s a lot to be learned from these cases. For one, there are lessons about professional accountability: Not only were the vast majority of the prosecutors who put these innocent people in prison in these cases never sanctioned, but also most went on to great professional success, sometimes because of their role in these high-profile cases, and sometimes even after it was widely known that the people they prosecuted were innocent. There are other lessons here about how we screen “expert” witnesses, and how bad science gets into the courtroom. There are lessons about the power of suggestion that could be applied to eyewitness testimony and how we conduct police lineups.
But the drawing of lessons is something we typically do once a crisis is over. This one still isn’t. There are still people in prison awaiting exoneration in these cases.
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QotD: Buying modern indulgences for Silicon Valley billionaires
Silicon Valley is an American success story. At a time of supposed American decline, a gifted group of young entrepreneurs invented, merchandized, and institutionalized everything from smartphones and eBay to Google and Facebook. The collective genius within a small corridor from San Francisco to Stanford University somehow put hand-held electronics into over a billion households worldwide — and hundreds of billions of dollars in profits rolled into Northern California, and America at large.
Stranger yet, Silicon Valley excelled at 1950s-style profit-driven capitalism while projecting the image of hip and cool. The result is a bizarre 21st-century 1-percenter culture of $1,000-a-square-foot homes, $100,000 BMWs, and $500 loafers coexisting with left-wing politics and trendy pop culture. Silicon Valley valiantly tries to square the circle of driving a Mercedes or flying in a Gulfstream while lambasting those who produce its fuel.
But the paradox finally has reached its logically absurd end. In medieval times, rich sinners sought to save their souls by buying indulgences to wash away their sins. In the updated version, Silicon Valley crony capitalists and wheeler-dealers buy exemption for their conspicuous consumption with loud manifestations of cool left-wing politics.
Victor Davis Hanson, “The Valley of the Shadow: How mansion-dwelling, carbon-spewing cutthroat capitalists can still be politically correct”, National Review, 2014-07-22.
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May 26, 2015
Ilya Somin’s new book on eminent domain
The book is being published in time to mark the tenth anniversary of the Supreme Court’s dreadful Kelo decision:
My new book, The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain is now in print. It is the first book about the Kelo decision and the massive political backlash it generated, written by a legal scholar. The Grasping Hand is coming out just in time for the tenth anniversary of Kelo on June 23.
Here is a summary from the University of Chicago Press website (the book is also co-published by the Cato Institute):
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution – even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market.
In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups, and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats.
The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.
Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain, and an evaluation of options for reform.
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May 25, 2015
Women in combat roles
At War on the Rocks, Anna Simons looks at the ongoing controversy in the United States over allowing women to serve in front-line combat roles:
Earlier this year, I spoke with a roomful of field grade officers about the debate and controversy over women in combat. The officers knew my position. What was next to impossible for me to discern, however, was where most of them are when it comes to this topic — which is the challenge with trying to have an open debate about it. The topic is just too politically charged for opponents to feel they can speak openly or honestly.
Officers who balk at the idea of women serving in ground infantry units or on Special Forces Operational Detachments Alpha (ODAs) won’t publicly say so, let alone publicly explain why. They worry about retaliation that could hurt their careers. In contrast, those who have no reservations — usually because they won’t be the ones who have to deal with the fallout from integration at the small unit level — slough off the challenge as just another minor problem or “ankle biter.”
There is more to this dichotomy than just officers’ career concerns, however. As one member of the audience put it, even if special operations forces and Marine Corps brass are prepared to go to Capitol Hill armed with irrefutable logic and unimpeachable facts against integrating women into ground combat units, they will still come across as chauvinists. For any male who opposes full integration, the chauvinist charge is impossible to escape.
I am sure there is something to this; and if I were a male, the chauvinism charge might mortally wound me as well. Maybe knowing in advance that this is how I would be branded would cause me to fight only on grounds of proponents’ choosing. For example, I could use standards and measurable data — as if there is some scientific way to determine what the right ratios and formulae are to prevent anything untoward happening when young men and women are put together in the field for indeterminate lengths of time.
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