Quotulatiousness

June 26, 2023

America can’t build anything these days and “it’s all Ralph Nader’s fault”

Filed under: Books, Bureaucracy, Government, Law, Media, Politics, USA — Tags: , , , , — Nicholas @ 04:00

One of the readers of Scott Alexander’s Astral Codex Ten has contributed a review of Public Citizens: The Attack on Big Government and the Remaking of American Liberalism by Paul Sabin. This is one of perhaps a dozen or so anonymous reviews that Scott publishes every year with the readers voting for the best review and the names of the contributors withheld until after the voting is finished:

Today, pundits across the political spectrum bemoan America’s inability to build.

Across the country, NIMBYs and status-quo defenders exploit procedural rules to block new development, giving us a world where it takes longer to get approval for a single new building in San Francisco than it did to build the entire Empire State Building, where so-called “environmental review” is weaponized to block even obviously green initiatives like solar panels, and where new public works projects are completed years late and billions over budget — or, like California’s incredible shrinking high-speed rail, may never be completed at all.

Inevitably, such a complex set of dysfunctions must have an equally complex set of causes. It took us decades to get into this mess, and just as there’s no one simple fix, there’s no one simple inflection point in our history on which we can place all the blame.

But what if there was? What if there was, in fact, a single person we could blame for this entire state of affairs, a patsy from the past at whom we could all point our censorious fingers and shout, “It’s that guy’s fault!”

There is such a person, suggests history professor Paul Sabin in his new book Public Citizens: The Attack on Big Government and the Remaking of American Liberalism. And he isn’t isn’t a mustache-twirling villain — he’s a liberal intellectual. If you know him for anything, it’s probably for being the reason you know what a hanging chad is.

That’s right: it’s all Ralph Nader’s fault.

How’d he do it? By creating what’s now called the public interest movement: a new form of activism through which citizens force change — or, more often, block change — by suing the government. Though it was begun with the best of intentions and achieved some real good along the way, this political innovation led to the constipated governance we all complain about today.

How did a movement launched by an unassuming 30-year-old lawyer become the dominant form of activism in the country, and completely change the way our government operates?

To find out, we have to go back to a time before Ralph Nader had even hit puberty — the era of the New Deal.

[…]

It is the inherent nature of politics that no reform works forever, because the next generation of political entrepreneurs will inevitably discover new ways to bend the process to their will. Eventually, there will always be another Dick Fosbury revealing a way to work the system that no one saw coming.

Still, I do think some of the blame for the way this all panned out can be laid on Nader’s particular personal idiosyncrasies. His ironclad black-and-white view of the world, combined with his near-pathological aversion to dealmaking and compromise, made him uniquely suited to a form of activism that focused on regulatory and legal action rather than coalition-building and electoral politics. Nader was infamously rigid and inflexible, so it’s no surprise that his movement was too. But a less rules-oriented movement might have created fewer of the bureaucratic barriers that have now become a hindrance to progressive action.

Much like the movement whose story it tells, Public Citizens the book is a worthwhile project that nonetheless suffers from significant flaws. The main problem is that it can’t decide if it’s a historical narrative or a work of political theory. As a work of political theory, it doesn’t take nearly a strong enough stand — I’ve made explicit a lot of claims that are only lightly implied in the book. I think we’re making the same argument, but the book makes its argument with such a delicate touch that it’s hard to be 100% sure.

As a historical narrative, Public Citizens has a much simpler problem: it’s boring. The author writes like an academic (which, to be fair, he is), and the book is quite light on colorful details. The uncreative chapter titles (chapter three is called “Creating Public Interest Firms”) give you a taste of what the writing is like. One particularly egregious issue is how little biographical information is provided about Nader, even though the majority of the book is about him. For someone who apparently subscribes to the Great Man theory of history, the author includes surprisingly little information about the Great Men themselves. Any interesting biographical fact you read in this review — even something as basic as the fact that Nader never married—is almost certainly something I found through other sources.

Paradoxically, this book manages to be simultaneously boring and too concise. It’s over in less than 200 generously-spaced pages, and I frequently had to look stuff up on the internet to get a full understanding of what was going on. I get the sense that the author is trying to give this book mass appeal, but come on: anyone who’s willing to read a nerdy book like this is willing to read an additional hundred pages or so. Besides, Robert Caro and Ron Chernow have proven that people will read thousand-page tomes if the story is compelling and the details are juicy.

Basically, my critique of Public Citizens is like that old Catskills joke about the restaurant where the food is terrible — and the portions are too small.

September 19, 2022

QotD: Representative government

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

If it’s to work at all, representative government has to be representative. That is, it must be consented to by the governed. But not only did we not consent to be ruled this way, we couldn’t. Just to take the most obvious problem: We have no idea who our rulers actually are.

Hawaiian judges are our kakistocracy‘s public face, but all the decisions that matter are made long before the hacks in black get involved. As we know, we Americans commit, on average, three felonies a day. If, when, and how these come to the State’s attention are almost completely random. This is true for any law, actually, and because it is, it’s not really an exaggeration to say that your livelihood, and often your actual freedom, depends on what side of the bed the cop got up on this morning.

If The Authorities notice you when they’re in a good mood, you skate. If The Authorities are in a bad mood, though — tired, hung over, had a fight with the spouse, whatever — you’re screwed. What actually happens to you depends on the lawyers, a.k.a the most incestuous little fraternity on the planet. Whether they choose to prosecute or not, and for what, and what deals they make over a drink or seven determine what happens to you once you get in front of hizzoner … who, of course, is also butt-buddies with all the lawyers who appear in his chambers, since he was one of them not too long ago and they remain his entire social circle.

Who in his right mind could possibly agree to this? No, forget “right mind” — it’s simply not possible for anyone, not even someone as far out on reality’s fringes as the SJWs, to consent to this. Those “people” (in the strict biological sense) think houseplants have human rights, but not even they would agree to have their life’s course determined by two dimbulbs with great hair and ugly neckties cutting deals with each other in a dive bar.

But so long as we fetishize the form of “representative government,” it can’t be otherwise. As folks in Our Thing never tire of pointing out, had The People ever been consulted about our preferences, at any time after 1963, we’d still be living in a White Christian nation with a solid manufacturing base and a minuscule military footprint. If it were possible to throw the bums out, we would’ve thrown out every bum on every ballot since at least Calvin Coolidge. But we can’t throw the bums out, because the process is rigged.

Severian, “Form > Process > Outcome”, Rotten Chestnuts, 2019-09-06.

April 11, 2022

Ours is a fundamentally unserious culture, two examples

Filed under: Education, Government, Law, Media, Politics, USA — Tags: , , , , , — Nicholas @ 03:00

Chris Bray provides some examples of just how decayed western culture has become in our headlong flight toward total unseriousness:

In Europe this month to lead the diplomatic response to a war, the Vice-President of the United States responded to a question about refugees by giggling and cackling and babbling in typical form:

And then the “fact-checkers” at Reuters explained that she actually didn’t giggle and cackle and babble, because, okay, she did cackle and giggle and babble, but she didn’t cackle and giggle and babble specifically about the refugees, so it doesn’t count: “It is clear from viewing the longer video in context that Harris and Duda laughed at the awkwardness of not knowing who should speak first. There is no evidence that Harris was laughing at the refugees or the crisis in Ukraine.” The question was about refugees, and she laughed — she laughed a lot — right after the question, but Reuters apparently called no tagbacks before the play, so no points accrue.

So we have an awkward and ineffective playactor who occupies the position of a political leader, but lacks the stature or ability to go along with it, and we have journalists who labor to protect people in powerful political positions from the possibility that people will notice who they really are and what they really do. We have political leaders who aren’t political leaders, and journalists who aren’t journalists: the form without the substance.

Meanwhile, a recent debate on the topic of free speech at Yale Law School — the nation’s top-ranked law school, which produces presidents and Supreme Court justices — began with law students screaming abuse (“I’ll fight you, bitch”) at one of the panelists, before walking out as a group and continuing to shout and pound on the walls of the adjacent hallway.

Now: The students were angry at the panelist, the bitch they wanted to fight, because she’s an anti-trans social conservative, and couldn’t you just die? But the thing that law students are learning to do is be lawyers — advocates for a position in a formalized exchange of competing views, in controversies that play out in open court. They’re training at the profession of making an argument. The point of sitting through an argument made by a person whose views you despise is that you can learn about something you want to fight against; you can see what the enemy says, and how she says it, and so do a part of the work of preparing yourself to advance a different position. So we have law students, people training for a debate-and-exchange-centered profession, who don’t want to hear things they don’t agree with. It’s like a minor league baseball player saying he refuses to touch a baseball, because baseballs offend him, but anyway, when are you assholes sending me up to the major leagues? We have people who want to occupy the profession of the law without preparing for the substance of professional engagement with competing positions: the form without the substance.

(Doing what journalists do, now, the fact-checkers explain that none of this puts points on the anti-free-speech scoreboard: “The students made their point at the very start of the event and walked out before the conversation began.” It is precisely the point that 1.) law students 2.) walked out before the conversation began. In ten years, oral argument before the Supreme Court will be that Woke lawyers stand up and scream I’M NOT GONNA LISTEN TO THIS SHIT, YOU ASSHOLES at the justices, then storm out and descend into a long round of day-drinking while waiting for the court to rule in their favor, because oh my god they CAN’T EVEN.)

December 3, 2021

QotD: Questionable legal tactics

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

This is what I like to call a “reverse insanity defense”. You raise the defense in the hope that the judge is certifiably out of his friggin’ mind and grants it. Sadly, it rarely gets clients off the hook. It is, however, an excellent method of destroying your credibility with the court.

Conrad, “The Reverse Insanity Defense”, The Gweilo Diaries, 2004-09-28.

August 19, 2021

QotD: Judges

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

Judges often ignore the law in order to deliver decisions that make them happy. I recall my Con. Law professor talking about this. He called it the “TTWILI” rationale: “That’s The Way I Like It.” A judge will look at the law, find that it directs a result he finds objectionable, and then come up with a way to defy the law. He’ll pretend to misinterpret it, or he’ll turn a blind eye to inconvenient facts, or whatever it takes. It happens every day. It’s the judicial equivalent of jury nullification. And like jury nullification, it is perfectly legal, and there isn’t a hell of a lot you can do about it once it’s done. Like my father says, “A federal judge is the closest thing to God you will ever see on this earth.”

Steve H. “About Injunctive Relief: Read Before You Criticize”, Hog On Ice, 2005-03-23.

April 9, 2021

QotD: Instant expertise

Filed under: Health, Media, Quotations — Tags: , , , , , , — Nicholas @ 01:00

As every journalist and lawyer knows, it takes about half an hour to become an expert on any subject. In the days when I wrote for some of the less cerebral but well-paying publications of the British press, my protestations that I knew nothing whatever of the subject on which they wanted me to write was no discouragement to a commission. At most, it produced a slight prolongation of the deadline — about half an hour, in fact.

One of the effects of the COVID-19 epidemic has been to reveal to a very large percentage of the population the joys of instant expertise. The world now has hundreds of millions, if not several billions, of epidemiologists, virologists, and clinicians, all of whom know best how to deal with the pandemic. The only problem is that their solutions are at variance with one another.

It sometimes seems as if the certainty with which views are held is inversely proportional to the solidity of the factual basis on which they are founded. If commentary on the internet is anything to go by (it might not be, of course, for those who avail themselves of this means of self-expression are a self-selected rather than a representative sample), people often take a religious attitude toward their own doctrine and condemn as heretics all those who express doubts about it. I don’t want to sound like a psychoanalyst, that class of person who believes that he unfailingly knows the real meaning of what is said rather than its merely apparent meaning, but stridency of views is often indicative of unacknowledged uncertainties. Zinc supplementarians and others of the type cling to their beliefs with a fervor that evidence does not merit.

Theodore Dalrymple, “Everyone’s an Expert”, Taki’s Magazine, 2020-10-16.

December 8, 2020

QotD: Booze

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

I absolutely reject all the arguments of increased insurance liability and potential legal problems created by booze — I have no interest in the blatherings of insurance types and lawyers, because they’ve caused most of our Nanny-related problems anyway. The problems occur not with booze itself, but with the lack of personal restraint. And that’s something which is addressed by people acting like adults, not like children let loose in a candy store with $1,000 to spend.

Here’s part of the booze problem we face Over Here.

American beer is too weak, and American short drinks are served too strong.

The problem with weak beer is not its weakness per se, but the fact that you have to drink quite a bit of it to get a decent buzz — and the problem with drinking in quantity is that it’s really difficult to know when to stop once the old Alcohol Accelerator comes into play. I’d rather have a pint of Boddington’s Ale than four Michelobs (which are about equal in terms of buzz generation). The difference is that the former is, well, a pint; the latter is three pints. That’s a lot of liquid to drink, in a lunch hour, which means you have to drink it fast; whereas the Brit pint can be savored in a leisurely fashion, knowing that the destination will be the same.

Kim du Toit, “Un-Lubricated”, Kim du Toit – Daily Rant, 2005-02-24.

November 17, 2020

Cancel culture comes for Donald Trump’s lawyers

Filed under: Law, Liberty, Politics, USA — Tags: , , , , — Nicholas @ 05:00

Mark Steyn reported yesterday that the Lincoln Project’s latest doxxing has been successful and that a law firm representing President Trump in one of his Pennsylvania suits has been intimidated into withdrawing from the case:

Donald Trump addresses a rally in Nashville, TN in March 2017.
Photo released by the Office of the President of the United States via Wikimedia Commons.

Back in the summer I mentioned on The Mark Steyn Show that “cancel culture” was increasingly literal: It used to mean you got kicked off Twitter or Facebook; then it progressed to losing your job or television show or book contract. By 2020 it had advanced to being denied domain registration on the Internet, credit-card services, bank accounts and other basic necessities of modern life. Now, in a country with more lawyers than the rest of the planet combined, the supposedly “most powerful man on earth” wakes up and finds his counsel just canceled:

    Lawyers with Porter Wright Morris & Arthur LLP submitted a filing late Thursday stating they were withdrawing as counsel in a federal suit seeking to block Pennsylvania from certifying its vote. No reason was given. In a statement issued Friday, the firm confirmed the filing but did not say why it was exiting the case.

Powerline‘s John Hinderaker reckons the reason is pretty obvious:

    Porter Wright is a mid-sized law firm with offices in eight cities across the country. But apparently it lacked the courage to stand up against the Twitter mob. The “Lincoln Project” doxxed the two Porter Wright lawyers who signed the Pennsylvania complaint, tweeting their pictures, addresses and telephone numbers, and encouraging leftists to harass them. Reportedly there also were employees at the law firm who objected to representing President Trump. Porter Wright’s abandonment of its client is shameful conduct for which I suspect it will receive little but praise.

[UPDATE: A Powerline reader with knowledge of the situation says that Porter Wright has withdrawn from only one of five suits.]

As John points out, in America everybody from 9/11 plotters to celebrity pedophiles, Boston bombers to Oscar-winning serial rapists gets hotshot law firms and nobody bats an eyelid. But not Donald J Trump, who is apparently unfit for legal representation.

If you like the sound of all that “unity” and “healing”, this is what it boils down to — unity in the sense the Soviets meant it: the absence of opposition. And, when they’re done with Trump, they’re serious about that “Truth & Reconciliation” enemies list. To reiterate a point I’ve made for months: on free speech and related issues, things are going to head south very fast. I carelessly assumed they’d wait till the inauguration, but it seems “the Office of the President-Elect” is already on the case.

June 23, 2020

QotD: Scientific discoveries despite “research” and “planning”

Filed under: Bureaucracy, Health, Quotations, Science — Tags: , , , , — Nicholas @ 01:00

We live in a culture of “research” and “planning.” I’m not against honest research (which is rare), but mortally opposed to “planning.” The best it can ever achieve is failure, when some achievement comes despite its ham-fisted efforts. Countless billions, yanked from the taxpayers’ pockets, and collected through highly professional, tear-jerking campaigns, are spent “trying to find a cure” for this or that. When and if it comes, it is invariably the product of some nerd somewhere, with a messy lab. Should it be noticed at all, more billions will be spent appropriating the credit, or more likely, suppressing it for giving “false hope.” The regulators will be called in, as the police are to a crime scene.

For from the “planning” point of view, the little nerd has endangered billions of dollars in funding, and thus the livelihoods of innumerable bureaucratic drudges. That is, after all, why they retain the China Wall of lawyers: to prevent unplanned events from happening. But glory glory, sometimes they happen anyway.

David Warren, “That’s funny”, Essays in Idleness, 2018-03-08.

March 12, 2019

QotD: The creed of the editor

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

It is part of the woolly lore of editors and lawyers alike: the misplaced or absent comma in a statute or a contract that ends up costing somebody zillions of dollars. There really are not many examples of this happening, but lawyers have a responsibility to behave as though the danger were omnipresent. The thought of a comma disaster encourages close attention to detail: it provides a spur to the spirit during long hours of copy-editing.

As for print editors, believing in the myth of the expensive punctuation mark imparts a hypothetical cash value, even a heroic dignity, to the fussiness they probably acquired in toilet training.

The thing about text errors in the law is that natural language is highly redundant. You can transpose letters in a sentence or word, sow punctuation randomly, leave out the vowels: what’s left will ordinarily still convey the intended meaning. Errors induced by chance rarely create true ambiguity. Their disruptiveness is vexing when you are trying to create high art for a consumer’s pleasure, such as, say, a learned newspaper column. Usually they do not cost anyone money or alter history.

Colby Cosh, “At long last, milkmen deliver the punctuation scandal we’ve been waiting for”, National Post, 2017-03-22.

January 15, 2019

Jagmeet Singh’s conservative opponent in Burnaby South

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

Normally, the byelection campaign by a major party leader to gain a seat in the House of Commons doesn’t get quite this … snippy:

Federal NDP leader Jagmeet Singh taking part in a Pride Parade in June 2017 (during the leadership campaign).
Photo via Wikimedia.

Maybe someone should put in a kind word for Jagmeet Singh on the rare opportunities when an occasion presents itself. The federal NDP leader found himself on the right side of a ridiculous argument over the weekend as his byelection in the riding of Burnaby South got officially underway. Singh’s Conservative opponent for the open seat, commercial lawyer Jay Shin, promptly issued a press release suggesting that Singh was … apparently the wrong species of lawyer?

“While Jagmeet Singh has spent his pre-political career as a criminal defence lawyer keeping criminals out of jail, I have spent my legal career building Canadian businesses that create jobs and promote international trade,” Shin’s statement read.

When challenged by the Burnaby Now newspaper on his apparent suggestion that, as a former university instructor in International Mining Transactions, he was somehow ethically superior to the underpaid schmucks who provide criminal defence, Shin disavowed any such meaning.

Criminal lawyers “play an important role; everybody has a right to defence,” the Conservative candidate insisted. (Whew!) “What I’m saying is, he played that role. As a criminal lawyer, he defended criminals. That’s all I’m saying.”

One notices that even this characterization may leave a civil libertarian uneasy, since criminals aren’t criminals until the Crown successfully convicts them. A defence lawyer doesn’t “defend criminals”: he defends the accused. But maybe that is the sort of distinction you forget when you are busy building Canadian businesses, or trying to become a Conservative MP.

September 26, 2018

QotD: Offensive and defensive use of the law

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

As long as it is admitted that the law may be diverted from its true purpose — that it may violate property instead of protecting it — then everyone will want to participate in making the law, either to protect himself against plunder or to use it for plunder.

Frédéric Bastiat, The Law, 1850.

March 6, 2018

Playboy‘s extortion attempt against Boing Boing dismissed

Filed under: Law, Liberty, Media, Technology, USA — Tags: , , , — Nicholas @ 05:00

Back in January, I linked to the bizarre story of Playboy attempting to sue Boing Boing for the terrible crime of … linking. On the web. I’m not making this up. Thankfully, common sense finally did triumph as reported on Monday:

In January, we let you know that Playboy had sued us. On Valentine’s Day, a court tossed their ridiculous complaint out, skeptical that Playboy could even amend it. Playboy didn’t bother to try.

We are grateful this is over. We are grateful for the wonderful work of the EFF, Durie Tangri, and Blurry Edge, our brilliant attorneys who stood up to Playboy‘s misguided and imaginary claims. We are glad the court quickly saw right through them.

Playboy damaged our business. This lawsuit cost our small team of journalists, artists and creators time and money that would otherwise have been focused on Boing Boing‘s continued mission to share wonderful things.

February 13, 2018

The Grand Tour: Legally Tesla

Filed under: Business, Humour, Law, Technology — Tags: , , , , — Nicholas @ 04:00

The Grand Tour
Published on 12 Feb 2018

In a test of the Tesla Model X, Jeremy Clarkson is joined by lawyers in this legally perilous task.

****These observations about the Tesla Model X are made in Clarkson’s personal capacity and should not be regarded as any statement or opinion by any other person or entity about the general safety, road worthiness, mechanical effectiveness, or any other standards of the vehicle about this specific model or any other Tesla vehicle.

January 19, 2018

Playboy sues Boing Boing for … linking?

Filed under: Law, Liberty, Media, Technology, USA — Tags: , , , — Nicholas @ 05:00

I thought this sort of legal stupidity went out with the 90s …

A few weeks ago we were shocked to learn that Playboy had, without notifying us, sued us over this post (we learned about it when a journalist DM’ed us on Twitter to ask about it). Today, we filed a motion to dismiss, asking the judge to throw out this baseless, bizarre case. We really hope the courts see it our way, for all our sakes.

Playboy’s lawsuit is based on an imaginary (and dangerous) version of US copyright law that bears no connection to any US statute or precedent. Playboy — once legendary champions for the First Amendment — now advances a fringe copyright theory: that it is illegal to link to things other people have posted on the web, on pain of millions in damages — the kinds of sums that would put us (and every other small publisher in America) out of business.

Rather than pursuing the individual who created the allegedly infringing archive, Playboy is pursuing a news site for pointing out the archive’s value as a historical document. In so doing, Playboy is seeking to change the legal system so that deep-pocketed opponents of journalism can shut down media organizations that displease them. It’s a law that they could never get from Congress, but which they hope the courts will conjure into existence by wiping us off the net.

It’s not just independent publishers who rely on the current state of copyright law, either. Major media outlets (like Playboy!) routinely link and embed media, without having to pay a lawyer to research the copyright status of something someone else posted, before discussing, explaining or criticizing it.

The world can’t afford a judgment against us in this case — it would end the web as we know it, threatening everyone who publishes online, from us five weirdos in our basements to multimillion-dollar, globe-spanning publishing empires like Playboy.

As a group of people who have had long associations with Playboy, reading the articles (really!) and sometimes writing them, we hope the judge sees it our way — for our sakes… and for Playboy‘s.

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