Quotulatiousness

July 16, 2014

Consistency in US foreign policy

Filed under: Government, Middle East, USA — Tags: , , , , — Nicholas @ 07:53

Nick Gillespie on why the shift from Bush-era policies in the Middle East and elsewhere to Obama-era policies wasn’t so much a shift as a continuation:

Obama’s foreign policy certainly hasn’t lacked for the use of force. It has, however, lacked for successes, as became clear during an unintentionally hilarious yet telling State Department press conference in May. State’s Jen Psaki said that, in her view, “the president doesn’t give himself enough credit for what he’s done around the world.”

“Credit for what?” one reporter interrupted. “I’m sorry, credit for what?” The others in the room started laughing.

Around the same time, NBC’s Richard Engel, who is not known as a staunch critic for the administration, was asked to name a few countries with which relations have improved under Obama. His reply? “I think you would be hard pressed to find that…I think the reason is our allies have become confused.”

First under Bush and now under Obama, the one constant in American foreign policy is a lack of any conceivable constraint on whatever the president deems expedient at any moment in time. This is disastrous, especially when it comes to military and covert actions, because it precludes any serious public discussion and prioritization.

That’s not just bad for the U.S. It’s also bad for our allies, who have no framework by which to structure their own actions and expectations. The president is allowed to both declare red lines and then to ignore them when they are crossed, to dispatch troops or planes or supplies according to whim. In all of this, Obama in no way represents a break from Bush, but perfect continuity.

As The Daily Beast’s Eli Lake wrote for Reason back in 2010, the roots of this particularly strident new sense of imperial power can be traced back to the authorization of use of military force (AUMF) signed into law just a few days after the 9/11 attacks.

“Just as President Bush said the 9/14 resolution gave him the wartime powers to detain, interrogate, capture, and kill terrorists all over the world,” wrote Lake, “so too does President Obama.” Until recently — and because of pushback from characters such as Rand Paul, his fellow Republican Sen. Mike Lee, and Democratic Sen. Ron Wyden — Congress has been especially deferential to all aspects of executive power when it comes to foreign policy and war-making.

The results are plain to see in the still-smoldering battlefields across the globe and the rapidly deteriorating situations in places as different as Ukraine, Egypt, and even the U.S. border with Mexico. When the executive branch has carte blanche to act however it wants, it can’t act effectively.

Free speech is so valuable that we need to designate special zones to contain it

Filed under: Bureaucracy, Liberty, USA — Tags: , , , , — Nicholas @ 07:34

Virginia Postrel on the (insane) view that colleges and universities need to create special free speech zones — and to actively censor students and teachers outside those boundaries:

The vague bans on “offensive” language and other “politically correct” measures that most people think of when they imagine college speech codes are increasingly being joined by quarantine policies that restrict all student speech, regardless of its content.

Speech-zone rules require students to ask permission to do such things as hand out leaflets, collect petition signatures, or give speeches; demand that students apply days or weeks in advance; and corral their activities in tiny areas of the campus, often away from the main pathways and quads. The rules aren’t about noise or crowds. They aren’t about disrupting classes. They’re about what you can do in public outdoor areas, and they apply even to just one or two people engaged in unobtrusive activities. They significantly infringe on students’ constitutionally protected speech.

But judging from some of the public response to the Citrus College case, a lot of people think that’s just fine. Debating national security issues, they seem to think, has no place at state colleges.

“The creation of the free-speech zones, and the enforcement of sound-level ordinances, was not to prevent free speech, but give religious or political speech a time, place, and manner that would allow speakers to address their messages to audiences on campuses without disrupting the other fundamental functions of the institutions,” wrote a retired physics professor commenting on a Chronicle of Higher Education report.

“Isn’t an institution of higher education’s primary function … the education/learning and safety of its students? Anything that is considered distracting or obstructive of the primary goals has to be managed. If some students disagree, they are welcome to attend a different college,” wrote a commenter on a public-radio discussion of the case. Another declared: “I welcome the free speech zones. On some campuses in California, you cannot walk from a classroom to the library without being bombarded by propaganda.”

A campus, in this view, should be like a shopping mall. If you’re going about your business, you shouldn’t be bothered by pamphleteers and petitioners. You should be protected against sermons and political rants. Confining controversial speech to a small area is no different from telling the guy selling sunglasses that he’s got to rent a kiosk.

July 15, 2014

The sheer difficulty of obtaining a warrant

Filed under: Government, Law, Liberty, Technology, USA — Tags: , , , — Nicholas @ 08:21

Tim Cushing wonders why we don’t seem to sympathize with the plight of poor, overworked law enforcement officials who find the crushing burden of getting a warrant for accessing your cell phone data to be too hard:

You’d think approved warrants must be like albino unicorns for all the arguing the government does to avoid having to run one by a judge. It continually acts as though there aren’t statistics out there that show obtaining a warrant is about as difficult as obeying the laws of thermodynamics. Wiretap warrants have been approved 99.969% of the time over the last decade. And that’s for something far more intrusive than cell site location data.

But still, the government continues to argue that location data, while possibly intrusive, is simply Just Another Business Record — records it is entitled to have thanks to the Third Party Doctrine. Any legal decision that suggests even the slightest expectation of privacy might have arisen over the past several years as the public’s relationship with cell phones has shifted from “luxury item/business tool” to “even grandma has a smartphone” is greeted with reams of paper from the government, all of it metaphorically pounding on the table and shouting “BUSINESS RECORDS!”

When that fails, it pushes for the lower bar of the Stored Communications Act [PDF] to be applied to its request, dropping it from “probable cause” to “specific and articulable facts.” The Stored Communications Act is the lowest bar, seeing as it allows government agencies and law enforcement to access electronic communications older than 180 days without a warrant. It’s interesting that the government would invoke this to defend the warrantless access to location metadata, seeing as the term “communications” is part of the law’s title. This would seem to imply what’s being sought is actual content — something that normally requires a higher bar to obtain.

Update: Ken White at Popehat says warrants are not particularly strong devices to protect your liberty and lists a few distressing cases where warrants have been issued recently.

We’re faced all the time with the ridiculous warrants judges will sign if they’re asked. Judges will sign a warrant to give a teenager an injection to induce an erection so that the police can photograph it to fight sexting. Judges will, based on flimsy evidence, sign a warrant allowing doctors to medicate and anally penetrate a man because he might have a small amount of drugs concealed in his rectum. Judges will sign a warrant to dig up a yard based on a tip from a psychic. Judges will kowtow to an oversensitive politician by signing a warrant to search the home of the author of a patently satirical Twitter account. Judges will give police a warrant to search your home based on a criminal libel statute if your satirical newspaper offended a delicate professor. And you’d better believe judges will oblige cops by giving them a search warrant when someone makes satirical cartoons about them.

I’m not saying that warrants are completely useless. Warrants create a written record of the government’s asserted basis for an action, limiting cops’ ability to make up post-hoc justifications. Occasionally some prosecutors turn down weak warrant applications. The mere process of seeking a warrant may regulate law enforcement behavior soomewhat.

Rather, I’m saying that requiring the government to get a warrant isn’t the victory you might hope. The numbers — and the experience of criminal justice practitioners — suggests that judges in the United States provide only marginal oversight over what is requested of them. Calling it a rubber stamp is unfair; sometimes actual rubber stamps run out of ink. The problem is deeper than court decisions that excuse the government from seeking warrants because of the War on Drugs or OMG 9/11 or the like. The problem is one of the culture of the criminal justice system and the judiciary, a culture steeped in the notion that “law and order” and “tough on crime” are principled legal positions rather than political ones. The problem is that even if we’d like to see the warrant requirement as interposing neutral judges between our rights and law enforcement, there’s no indication that the judges see it that way.

QotD: King George III’s minor fit of barking

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

It is a painful thing to confront someone whom one is accustomed to respecting, and to tell that person they are barking mad. Usually one avoids it, or dismisses the other’s strange behavior as “a difference of opinion,” and speaks platitudes about “the importance of diversity,” however when a person is going, “Arf! Arf!” right in your face, there is no way around it. This includes governments, when they become barking mad.

Thomas Jefferson knew this, when he quilled the Declaration of Independence, listing King George’s barking mad behaviors, however there has been a recent, revisionist effort to show that King George the Third wasn’t all that bad, and his blue urine wasn’t due to porphuria, and his spells of foaming at the mouth were but minor episodes, especially when he was young and was busily losing the American colonies. (I think this may in part be due to the fact that porphuria is hereditary, and certain people don’t want the rabble giving Prince Charles appraising looks.)

The argument states that, if you could get an audience at his glittering palace, King George was quite lucid, and even charming, and that the points he raised, about the government’s right to tax, are valid to this day. There is even some reproach towards America and Jefferson for failing to understand King George’s points.

However taxation was not the issue. Taxation without representation was the issue. When one looks back with twenty-twenty hindsight, the solution to the problem seems simple: Simply give the thirteen colony’s thirteen elected representatives in Parliament. It seems like such an obvious thing, to give Englishmen abroad the same rights as Englishmen at home, and seems so conducive to unity and the expansion of an unified kingdom, that to switch the subject to the-right-of-the-government-to-tax seems a sleight of hand bound to stub thumbs, to lead to schism, and to create discord out of harmony. It was, in fact, a barking mad thing for King George to do.

Caleb Shaw, “Barking Mad – A rave, prompted by facing insane heating costs”, Watts Up With That?, 2014-07-14.

July 14, 2014

When unions took over the public sector

Filed under: Bureaucracy, Business, Economics, Government, USA — Tags: , , , , — Nicholas @ 09:09

Dmitri Melhorn says the union movement is missing an opportunity to be more relevant in the private sector, because public sector unions don’t help poorer workers (because public sector union members are middle class professionals, not working class):

Progressive hostility to [Harris v. Quinn], however, is shortsighted. Harris and decisions like it have the potential to revitalize progressive politics by restoring the relevance and political potency that labor held in the early-to-mid-20th century. The great labor leaders of that era — AFL-CIO President George Meany, President Franklin D. Roosevelt, and the like — agreed with the majority in Harris: it was both impractical and inadvisable to afford public employees compulsory collective bargaining rights.

Roosevelt said that collective bargaining and public workers’ right to strike would be “unthinkable and intolerable.” Meany said it would be “impossible.” In the view of these leaders, civil service laws from the Progressive Era of the 1890s to 1920s had made government jobs good and safe. Labor and progressives, therefore, needed to focus on blue-collar workers’ need to fight collectively for basic safety, dignity and living wages. Through this focus, the United States saw historic gains in the well-being of workers and the country’s middle class.

That labor heyday lasted through the 1950s, but starting in the late 1960s labor lost ground. Public-sector unions grew rapidly, but private-sector unions shrank. By 2012, public-sector workers had union membership rates more than five times higher than rates among private-sector workers.

Essentially, the public-sector unions sucked up all the oxygen. Talented labor organizers opted to work with government workers: their members were relatively prosperous and well connected, so they were easy and lucrative to organize. As explained in Jake Rosenfeld’s book What Unions No Longer Do from earlier this year, this shift to public-sector unions meant that unions no longer fought primarily for the working poor. Instead, much of their muscle was devoted to improving the status of middle-class professionals.

July 13, 2014

A handy rule of thumb when Obama speaks

Filed under: Media, Politics, USA — Tags: , , , — Nicholas @ 10:03

From this week’s Goldberg File email from Jonah Goldberg:

I think I’ve stumbled onto a handy heuristic — or, if that word makes you want to smash my guitar on the Delta House wall, rule of thumb — for listening to Obama. Whenever he talks about himself, immediately flip it around so he’s saying the opposite. Think about it. “I’m not interested in photo-ops.” Boom. Translation: “I think photo-ops are really, really important. And that’s why I’m not going to have my picture taken with a bunch kids at the border.”

Now, sometimes, a literal reversal of meaning doesn’t work. But the key is to look at any statement he offers about others as an insight into his own mental state.

When Obama denounces cynicism, he’s actually being cynical. What he’s doing is expressing his frustration with people who are justifiably cynical about him. Why can’t you people fall for what I am saying!?

When he says he doesn’t care about “politics,” just problem-solving, what he’s really saying is he wants his political agenda to go unchallenged by other political agendas.

[…] whenever he says ideology and ideologues are a problem, what he’s actually saying is that competing ideologues and ideologies are the problem. That is, unless, you’re the sort of person who actually thinks Obama isn’t an ideologue, which is just adorable.

It’s not so much that he’s lying. Though if he were a Game of Thrones character, “Obama the Deceiver, First of His Name” would be a pretty apt formal title. No, he’s projecting. It’s an ego thing. I am fond of pointing out Obama’s insufficiently famous confession, “I actually believe my own bullsh*t.” What I like about it is that’s it’s like a verbal Escher drawing. He believes his own b.s. but by calling it b.s. he acknowledges it’s not believable. It’s like sarcastically insisting that you’re being serious. It’s earnest irony or ironic earnestness. If you take the statement too seriously, you could end up like android #1 in “I, Mudd.”

[…]

Anyway, I don’t take psychoanalysis, too seriously (“If you did, what would happen to me?” — The Couch). But I think Obama’s penchant for deriding his opponents as cynics and opportunists stems from the fact that he sees the world through precisely those sorts of prisms. But he tells himself he’s different because he does it for good purposes and besides, he’s so awesome his b.s. is true. No one knows if God can make a rock so heavy He can’t lift it, but Obama can sling such exquisite b.s. even he can believe. And because he believes it, he can’t tolerate the idea that others don’t.

Every President’s public image fades as his term of office runs down. It’s like the law of gravity … yet most of the media are still in love with the glamour of early-term Obama and keep hoping that somehow everyone else will believe hard enough with them that it will come back.

QotD: Teaching children how to read

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

This is Cargo Cult stuff. They did the same thing with their new innovations in Whole Word learning (reading a word at a glance), when they got rid of Phonics (sounding a word out, letter by letter), and doomed a generation to being bad readers.

Here’s the Cargo Cult part:

Professional Highly-Educated Education Researchers noted that high-level early readers were usually just identifying words at a glance — reading in a “whole word” way. While kids using Phonics read more slowly. Phonics kids were slower readers and struggled with it more.

So hey — let’s stop teaching kids this slow method of reading called Phonics and just teach them “Whole Word” reading!!! Win, win, win!!! It’s easier for the students, and even easier for the teachers, as they don’t have to teach the step-by-step Phonics method of reading. They can just say the word “horse” is horse and keep saying it until these stupid kids start learning that “horse” means horse.

Here’s the problem: This is Cargo Cult mneliaty. Yes, the high-lanrneig, early-raednig kids are in fact using the Wlohe Wrod raenidg mhoted, just as you, reading that gibberish I just wrote, employed Whole Word reading — looking at the first and last letters of the word and using context and years and years of experience in how the written language works, and what words are expected to come in which place in a sentence to read, fairly easily, a bunch of misspelled words as the words I intended.

But the high-learning, early-reading kids are only doing that because they started reading earlier than the other kids. All kids — including the early readers — go through the Phonics phase. […]

Now, having gone through the Phonics phase at age 3 or 4, by age five I was reading quite a bit, especially Peanuts (I had whole books, decades’ worth of Peanuts cartoons). And I had moved from “mostly Phonics” to “mostly Whole Word reading,” at least as far as common words. The unfamiliar words I still had to sound out, Phonics-style.

So sure — the accomplished 6-year-old readers are indeed mostly using whole word, at least for common words. Spoiler alert: That’s because they already went through the Phonics phase at age 4 or 5.

The Cargo Cult mistake of these “Educators” is to think that Whole Word reading is a shortcut to teaching reading. No — Whole Word reading is the endpoint of learning to read. First you read letter by letter, then syllable by syllable (as you have begun to compile, in your Reading Memory, a large list of common syllables). Then you start just reading Whole Word.

You have to go through the letter-by-letter process to get to the Whole Word level. […]

By denying kids their first step in reading — teaching them to read letter-by-letter — educators have not advanced Whole Word reading. They’ve retarded it. You can’t do whole word until you’re an ace at letter by letter.

They’re making the same mistake here with this jackass method of teaching math. The method they’re teaching is what I’d term a secondary insight. […]

But once again the “Experts” are demonstrating their Cargo Cult mentality when it comes to pedagogy. Because kids will start intuiting these things after they’ve mastered the rote-memorization and drilling routine of arithmetic and the times tables, hey, let’s just cut out the middleman and teach the Advanced Secondary Insights explicitly! And skip all that tedious rote-memorization and drilling!

Ace, “Common Core is Pretty Dumb”, Ace of Spades HQ, 2014-01-21

July 12, 2014

Sriracha factory dispute – “THIS PROBLEM NEEDS TO BE TAKEN CARE OF NOW, NOT LATER!!!!!”

Filed under: Bureaucracy, Business, Food, Government, Health, USA — Tags: , — Nicholas @ 00:03

Sriracha rooster sauceSriracha fans were relieved when the Huy Fong plant in California was allowed to re-open after a farcical ‘elf-and-safety’ shakedown (original story here). Reason‘s Zenon Evans has more on the behind-the-scenes bullshit that triggered the near-national panic among hot sauce consumers:

The public just got some new insight into one of the last year’s spiciest (and fishiest) political kerfuffles: the push by the city council of Irwindale, California to shut down Huy Fong Foods, the makers of Sriracha hot sauce. The tireless freedom-of-information requesters at MuckRock yesterday published internal council documents, revealing theatrically furious communication among the local government officials and a desire to exploit regulations to force the company into submission.

[…]

The newly revealed memos and emails show that some members of government were actually “happy to report the scent of chilies” emanating when production began in 2012, but, a year later Ortiz and Councilman David Fuentes, who also lived near the factory (and also ultimately recused himself from the matter), saw a total shutdown as the first and only appropriate course of action.

“I just received notice that the odor at this place is very strong. We must proceed with SHUT DOWN immediately,” demanded Ortiz in an email, despite the fact that he had previously applauded how much safer that part of town had become since the $80 million business moved in.

Fuentes was even more adamant. “THIS PROBLEM NEEDS TO BE TAKEN CARE OF NOW, NOT LATER!!!!!,” he emailed his fellow council members in October. Notably, he also suggested that “if we need to shut them down for non compliance, then let’s do what we have to do.”

Although it’s not clear exactly what Fuentes meant by “non compliance” or if the council made moves based on his plot, the city did sue Huy Fong and got a judge to order a partial shutdown in November, even though that the judge acknowledged a “lack of credible evidence” regarding the health risk claims. Likewise, California’s health regulators stepped in and changed their own food rules in December as they demanded a 30-day hold on operations, which created fear of a national Sriracha shortage.

July 11, 2014

Remember the Y2K bug? It just caused draft notices to be sent to thousands of dead men

Filed under: Bureaucracy, Government, USA — Tags: , , , — Nicholas @ 07:57

This is a story that rightfully should have been published at the beginning of April (except it actually happened):

A year 2000-related bug has caused the US military to send more than 14,000 letters of conscription to men who were all born in the 1800s and died decades ago.

Shocked residents of Pennsylvania began receiving letters ordering their great grandparents to register for the US military draft by pain of “fine and imprisonment.”

“I said, ‘Geez, what the hell is this about?’” Chuck Huey, 73, of Kingston, Pennsylvania told the Associated Press when he received a letter for his late grandfather Bert Huey, born in 1894 and a first world war veteran who died at the age of 100 in 1995.

“It said he was subject to heavy fines and imprisonment if he didn’t sign up for the draft board,” exclaimed Huey. “We were just totally dumbfounded.”

The US Selective Service System, which sent the letters in error, automatically handles the drafting of US citizens and other US residents that are applicable for conscription. The cause of the error was narrowed down to a Y2K-like bug in the Pennsylvania department of transportation (PDT).

A clerk at the PDT failed to select a century during the transfer of 400,000 records to the Selective Service, producing 1990s records for men born a century earlier.

Welcome to the NSA family

Filed under: Government, Humour, USA — Tags: , — Nicholas @ 07:41

The Privacy Surgeon recently acquired a leaked National Security Agency memo to new staff and contractors:

The intelligence world is a complex place. Think of it as if it was your family (we know the sort of families you come from, so make of that what you will). Here’s a quick international reference guide so you know what to think.

    – Just about all African governments arise from at least some orchestrated corruption. Before you target anyone, check with the CIA to see if they were involved. If they were involved, intensify the surveillance and make sure NSA Command has all the data for “diplomatic” purposes (i.e. Beltway diplomacy).

    – Anyone in Central or South America is a justifiable target. If they’re in Central America, drugs will be somewhere on the horizon – even if it’s a third generation connection. If they’re further south, most will be US-skeptic. Drugs plus US-Skeptic equals democratic instability, and we’re here to protect democracy.

    – The Russian Federation is more complex. At a political level there’s a lot of grandstanding. Operationally though, we share intelligence with Russia on anyone who is a mutual target (and that, ironically, includes most of the Russian Federation). China is our main mutual target because it refuses to share the economic intelligence data it gathers about either Russia or America. All of us, however, have agreed to share intelligence data on the French.

    – The Middle East. Just collect it. That data is always useful. Avoid Israel though. We already have a cross-collateralization deal with MOSAD to leverage the value-added of locally intercepted data. And besides, if they catch you snooping on their turf they’ll just endlessly whine about it.

So that’s about it. We hope you have a great time here, and always remember that you now have friends.

H/T to Bruce Schneier for the link.

The lawless hellhole that is post-legalization Colorado

Filed under: Business, Law, Liberty, USA — Tags: , , , — Nicholas @ 07:24

Just as sensible people were predicting, the once peaceful and scenic state of Colorado is now a smoking hole in the ground, infested with twitchy-eyed, machete-wielding savages. (Oh, wait, no … that’s Edmonton):

[Colorado Governor John] Hickenlooper sounds cautiously optimistic, and there are good reasons for that. Possession and consumption of cannabis have been legal in Colorado and Washington since the end of 2012. In Colorado, so has home cultivation of up to six plants and noncommercial transfers of up to an ounce at a time. Since the beginning of this year, anyone 21 or older has been able to walk into a store in Colorado and walk out with a bag of buds, a vape pen loaded with cannabis oil, or a marijuana-infused snack. And for years in Washington as well as Colorado, such products have been readily available to anyone with a doctor’s recommendation, which critics say is so easy to get that the system amounts to legalization in disguise. Despite all this pot tolerance, the sky has not fallen.

A study released yesterday by Colorado’s Marijuana Enforcement Division supports Hickenlooper’s impression that legalization has not had much of an effect on the prevalence of cannabis consumption. The authors, Miles Light and three other analysts at the Marijuana Policy Group, note that the percentages of Coloradans reporting past-month and past-year consumption of marijuana in the National Survey on Drug Use and Health (NSDUH) rose between 2002 and 2010, mirroring a national trend. But consumption fell a bit in Colorado after 2010 while continuing to rise in the rest of the country. That is striking because Colorado’s medical marijuana industry began to take off in the second half of 2009 after the legal standing of dispensaries became more secure.

Another surprising finding is that marijuana use during this period was less common in Colorado than in the country as a whole. Based on NSDUH data from 2010 and 2011, 12 percent of Coloradans 21 or older were past-year users, compared to a national figure of 16 percent. But among those past-year users, daily use was more common in Colorado: 23 percent of them reported consuming marijuana 26 to 31 times a month, compared to a national rate of 17 percent. It’s not clear to what extent Colorado’s medical marijuana system is responsible for this difference in patterns of use.

[…]

Hickenlooper did not mention crime rates, but some opponents of legalization warned that cash-heavy cannabusinesses would invite robberies, leading to an increase in violence. Instead the frequency of burglaries and robberies at dispensaries has declined since they began serving recreational consumers in January. FBI data indicate that the overall crime rate in Denver, the center of Colorado’s marijuana industry, was 10 percent lower in the first five months of this year than in the same period of 2013.

Although the prospect of more money for the government to spend has always struck me as a pretty weak argument for legalization, Hickenlooper is happy to have tax revenue from the newly legal marijuana industry. So far there has not been much: just $15.3 million from the recreational sector in the first five months of 2014 ($23.6 million if you include medical sales), although monthly revenue rose steadily during that period. The economic activity associated with the new industry, including not just marijuana sales but various ancillary goods and services, is bound to be much more significant than the tax revenue. And although Hickenlooper says he does not want Colorado to be known for its cannabis, legalization (along with abundant snow) may have something to do with the record numbers of tourists the state is seeing. It seems clear, in any case, that legalization has not hurt Colorado’s economy, which Hickenlooper accurately describes as “thriving.”

Another benefit of legalization that can be measured in money is law enforcement savings, which various sources put somewhere between $12 million and $60 million a year in Colorado. Those estimates do not include the human costs associated with treating people like criminals for growing, selling, and consuming an arbitrarily proscribed plant. Prior to legalization police in Colorado were arresting 10,000 pot smokers a year. Today those criminals are customers of legitimate businesses, which are replacing the “corrupt system of gangsters” decried by Hickenlooper.

July 10, 2014

If this lawsuit succeeds, they’re going after the Black Watch next

Filed under: Business, Law, USA — Tags: , , — Nicholas @ 13:12

The Tilted Kilt restaurant chain is suing a golf course for some kind of trademark infringement. Timothy Geigner tries to make sense of the “claims”:

The club in question is the Kilted Caddy Club, a golf course that provides female caddies in kilts for some of their golf tournaments, because nothing helps a man concentrate on sinking that twenty-foot sloped birdie putt like a nice pair of legs. The Tilted Kilt franchise, in case you aren’t aware, provides bar/restaurants in which scantily-clad women in kilts and low-cut button-down shirts serve you sub-par food while the worst music you can imagine plays around you and your fellow degenerate friends. In other words, we’re dealing with two quality organizations here. Well, apparently one side of this equation got their kilts in a bunch to the point of filing a very silly trademark claim.

    The Tempe, Ariz.-based Tilted Kilt, which has nearly 100 locations nationwide including one at Broadway at the Beach, says in court documents that the caddy club is copying its distinctive and trademarked “uniforms,” thereby, confusing consumers into thinking the two businesses are related. The Tilted Kilt has asked a judge for a permanent injunction against the Kilted Caddy Club’s use of its name and tantalizing tartan uniforms, as well as unspecified monetary damages.

Now, let’s start off with the obvious problem: the two companies aren’t in the same line of business. One is a golf course (that of course has a clubhouse bar and food, but meh), the other is a bar/restaurant. They aren’t competing against one another. That should probably be enough to toss this thing out already. Add to that the fact that the two uniforms aren’t really all that similar beyond incorporating a bastardization of a traditional Scottish kilt, and it’s all the more difficult to see this going anywhere.

Millennials starting to get jaded about the virtues of government

Filed under: Economics, Government, USA — Tags: , , , , , — Nicholas @ 07:57

The latest Reason-Rupe poll has some interesting results on the Millennial generation:

A Reason-Rupe survey of 2,000 Americans between the ages of 18 and 29 finds 66 percent of millennials believe government is inefficient and wasteful — a substantial increase since 2009, when just 42 percent of millennials said government was inefficient and wasteful.

Nearly two-thirds of millennials, 63 percent, think government regulators favor special interests, whereas just 18 percent feel regulators act in the public’s interest. Similarly, 58 percent of 18-to-29 year-olds are convinced government agencies abuse their powers, while merely 25 percent trust government agencies to do the right thing.

The Reason-Rupe report finds this skepticism of government has millennials favoring general reductions to government spending and regulations:

  • 73 percent of millennials favor allowing private accounts for Social Security; 51 percent favor private accounts even it means cutting Social Security benefits for current and future retirees because 53 percent of millennials say Social Security is unlikely to exist when they retire
  • 64 percent of millennials say cutting government spending by 5 percent would help the economy
  • 59 percent say cutting taxes would help the economy
  • 57 percent prefer a smaller government providing fewer services with low taxes, while 41 percent prefer a larger government providing more services with high taxes
  • 57 percent want a society where wealth is distributed according to achievement
  • 55 percent say reducing regulations would help the economy
  • 53 percent say reducing the size of government would help the economy

Of course, along with those hopeful signs are a few that show millennials are still idealistic (i.e., socialistic) in other areas: higher minimum wages, guaranteed food and shelter for all, and raising taxes on the rich all got lots of support in the poll.

July 9, 2014

Political media and a growing lack of historical awareness

Filed under: Books, History, Media, Politics, USA — Tags: , , — Nicholas @ 08:16

Mollie Hemingway says that media ignorance has become a serious problem:

The real problem is the arrogance that goes with the ignorance. Take Kate Zernike’s 2010 attempt at an expose of the ideas that motivate tea party activists that ran in the New York Times. She wrote:

    But when it comes to ideology, it has reached back to dusty bookshelves for long-dormant ideas. It has resurrected once-obscure texts by dead writers — in some cases elevating them to best-seller status — to form a kind of Tea Party canon.

Who are these obscure authors of long-dormant ideas? She points to Friedrich Hayek, for one. Yes, the same Hayek who won the Nobel Memorial Prize in Economic Sciences in 1974 and died way, way back in … 1992. Whose Road To Serfdom was so obscure that it has never been out of print and was excerpted in Reader’s Digest, that obscure publication with only 17 million readers. The article doesn’t get around to actually providing any insight into these activists’ philosophy and it’s probably a good thing considering that this is what she has to say about “the rule of law”:

    Ron Johnson, who entered politics through a Tea Party meeting and is now the Republican nominee for Senate in Wisconsin, asserted that the $20 billion escrow fund that the Obama administration forced BP to set up to pay damages from the Gulf of Mexico oil spill circumvented “the rule of law,” Hayek’s term for the unwritten code that prohibits the government from interfering with the pursuit of “personal ends and desires.”

Oh dear. Where to begin? How about with the fact that “rule of law” is not Hayek’s term. The concept goes back to, well, the beginning of Western Civilization and the term was popularized by a 19th century British jurist and constitutional theorist named A.V. Dicey. It’s not an unwritten code, by definition. The idea that this would be an obscure concept to someone says everything about Zernike and the team at the New York Times and precisely nothing about Ron Johnson or Hayek or that sector of citizens of the United States who retain support for the rule of law.

A few weeks ago, David Brat beat House Majority Leader Eric Cantor in a stunning upset. The media didn’t handle it well. You might say they freaked out. Among other things, reporters sounded the alarm about a phrase Brat used in his writings that, they said, suggested he was a dangerous extremist: “The government holds a monopoly on violence. Any law that we vote for is ultimately backed by the full force of our government and military.” As National Review‘s Charles C.W. Cooke noted:

    “Unusual” and “eye-opening” was the New York Daily News’s petty verdict. In the Wall Street Journal, Reid Epstein insinuated darkly that the claim cast Brat as a modern-day fascist. And, for his part, Politico‘s Ben White suggested that the candidate’s remarks “on Neitzsche and the government monopoly on violence don’t make a whole lot of sense.”

Unusual, eye-opening, and non-sensical, perhaps, to people who had never studied what government is. But that group shouldn’t include political reporters, who could reasonably be expected to have passing familiarity with German sociologist Max Weber’s claim that “the modern state is a compulsory association which organizes domination. It has been successful in seeking to monopolize the legitimate use of physical force as a means of domination within a territory.”

Or take the Los Angeles Times‘ David Savage, who argued just last week that the Supreme Court’s decisions under Chief Justice John Roberts “rely on well-established rights, such as freedom of speech and free exercise of religion, but extend those rights for the first time to corporations, wealthy donors and conservatives.” Perhaps it’s just poorly written. Surely a man who has been responsible for informing Californians about the Supreme Court since 1986 doesn’t actually believe that conservatives, corporations or wealthy donors were not covered by the Bill of Rights until John Roberts came along. As James Taranto of the Wall Street Journal notes, “that is as ignorant as it is tendentious.”

Justin Raimondo reviews new biography of the Koch family

Filed under: Books, Business, History, Media, USA — Tags: , , — Nicholas @ 07:46

The archvillains of capitalism, Charles and David Koch, are the subjects of a recent book by Mother Jones writer Daniel Schulman. Justin Raimondo reviews Sons of Wichita: How the Koch Brothers Became America’s Most Powerful and Private Dynasty.

According to Senate Majority Leader Harry Reid, the Koch brothers are responsible for global warming and much else that’s wrong with the world. This is part of a strategy to demonize Charles and David Koch — the principals behind the country’s largest privately-held company — and make them the issue come Election Day. There’s a big problem with this strategy, however: a recent poll shows that most of Reid’s own constituents haven’t the slightest idea who the Brothers Koch are.

Daniel Schulman’s much anticipated book, the first biography of the Koch family, may help voters bridge the knowledge gap — but Democrats are going to be disappointed if they think it will help their smear campaign. Indeed, it is likely to do the opposite. It’s hard to write a biography of someone you hate, and Schulman, a writer for Mother Jones, clearly came to admire his subjects.

The story starts with Fred Koch, a son of Dutch immigrants who settled in the “poor but plucky” town of Quanah, east of the Texas panhandle. Ambitious, single-minded, and tough as nails, Fred made his fortune helping Joe Stalin extract oil from the Russian steppes — learning in the process that the rosy picture of a “workers’ paradise” drawn by the likes of Walter Durante was the exact opposite of the truth.

Driven to seek overseas markets by an onslaught of patent-infringement lawsuits from a Rockefeller-connected oil consortium, Fred Koch arrived in Russia in 1930 and “found it a land of hunger, misery, and terror,” as he would later recall. When he left that autumn, his Soviet minder — who had spent the whole time capitalist-baiting him — bid adieu with this warning: “I’ll see you in the United States sooner than you think.” What Fred had seen in Stalin’s Russia set him on a course that landed him in the ranks of the John Birch Society.

Robert Welch, the society’s founder, recruited him early on: Fred was at the 1958 meeting where Welch first laid out his plan to fight the Communist menace and roll back the New Deal. The John Birch Society was a hybrid of Old Right libertarian economics and the McCarthyite paranoia of the 1950s, and Fred — by this time a tycoon — relentlessly lectured his four sons on the evils of collectivism and the value of hard work. He had no intention of raising a brood of “country-club bums” who would coast along on the family fortune. The 1950s were almost over before he bought the kids a television, and even then they had little time to watch it.

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