Tuesday, January 18, 2011

Time Capsule: Facebook Debates

A typical debate on Facebook circa 2012:

Status Update: [Sign this petition to forgive all student loans!]

M: 1) Should someone who majored in sociology, knowing that job prospects would not be as bright as another field (e.g., engineering), receive the same treatment under any loan forgiveness law? 2) Would forgiving loans change the existing education-gov complex, which has created the tuition inflation you reference? 3) Would forgiving existing student loans help future generations of students, who would still be subject to increasing tuition? 4) Will future students be subject to higher interest rates as a result of loan forgiveness? 5) If you have private loans, are you aware that loan forgiveness means that American taxpayers will be giving more of their money to large banks? 6) Why should a taxpayer in Kansas, who had nothing to do with your decision to attend college, suffer a higher federal debt b/c of your voluntary decision? 7) Why not give all Americans with any kind of debt a one-time benefit of $25,000? (This is the most important question to consider, b/c it forces someone to remember that money comes from somewhere and is not infinite.) 8) Why should student loans be favored over other kinds of debt, esp credit card debt that may have been used to buy essentials for a family? 9) I believe you work for a non-profit (universities are usually non-profits). Are you aware of a federal program that allows student loans to be forgiven after 10 yrs if you work for a non-profit or the gov?

A: I would like to live in a society where multiple fields can be entered by people from diverse backgrounds, not a place where only those lucky enough to come from wealthy backgrounds can choose certain education paths. As to [the] question about whether a sociology major should get the same consideration as someone in another field, absolutely; there is no guarantee of a job in ANY field, and I know many people who have made their college choices based on supposed job prospects, only to discover upon graduation that the jobs have dried up or were never there in the first place. Also, student loan debt is treated differently than credit card debt. Student loans are treated very differently from other debt if you file for bankruptcy, and not in favor of the debtor. We hear constantly that a college education is a necessity. In many cases, taking on student debt is the only realistic way of financing that education. Now we're also told that taking on that debt is irresponsible. To me, this seems like the same thing as telling people that if they don't start out with money they don't deserve to earn it.

M: your comments seem to make several points: 1) an education is necessary for success; 2) everyone ought to be able to choose their field of study because no specific field guarantees a job, and we don't want to foreclose specific educational options based on someone's available income or wealth; 3) bankruptcy allows some forms of debt to be discharged, but not student loans; and 4) taking on debt is necessary to get ahead because college is a necessity. Yet, none of these comments address the issue of why these specific loans should be forgiven over others, or why relatively well-off people should be given preference in debt forgiveness (over a single mom with three kids and negative equity in her house, for example). Once again, money is finite, it does not grow on trees, and a dollar spent on forgiving student loans is a dollar that cannot be spent on universal healthcare, Headstart, etc. In essence, when someone asks for loan forgiveness, s/he is asking to put his/her issues ahead of everyone else's in America. (If you disagree, see previous question about why we don't just give everyone $25,000.) Some more comments: 1) the American taxpayer can't guarantee anyone a job, but it's clear that some degrees are worth more than others. Why should the American taxpayer be on the hook for someone who chooses to get a job in field A rather than field B? For example, I majored in English and Philosophy--I could not find a job with those two degrees. Should the government refund me $40,000? Why not? 2) If you want to smooth out differences in education results, what is the reason we don't guarantee everyone, upon graduation, the same salary and benefits? 3) If we don't believe all degrees are worth the same, and we do want to differentiate between fields of study, does it make sense to divert the poorest among us into more marketable fields? Does the prospect of non-dischargeable debt make it more or less likely that a poorer person will gravitate towards a more marketable field? (i.e., would you prefer that a poorer person gravitate towards a lower-paying or easier field?) 4) If college is necessary for success, is it doing a good job if graduates need to appeal to the government for assistance? What are the reasons colleges are able to produce so many graduates who have difficulties? Would forgiving loans improve, reform, or sustain colleges that do not educate their students properly or that do not have proper career placement offices? 5) What is the reason you are choosing to place the onus of student loan debt on taxpayers instead of the schools themselves? Why shouldn't the school be the primary focus rather than the general taxpayer that had nothing to do with the student debt incurred? Why should a married housewife in Kansas, who doesn't make as much as you, support a higher national debt for your benefit based on your voluntary choice? To the extent the federal government should act, why should it favor someone who has a job over someone who is unemployed? Once again, see earlier question--why don't we just decide to give everyone $25,000?

J: As a University Professor, and an indentured servant to my education, I think the Student Loan Forgiveness plan would be incredibly helpful in stimulating the economy.

M: you are correct that forgiving student loans would stimulate the economy. So would forgiving all credit card debt. Or giving everyone $25,000. So why don't we give everyone $25,000? Or forgive everyone's debts? As a college professor, what do you understand to be the downsides, if any, to loan forgiveness?

S: I'd like someone else to pay my mortgage, but I'm the one who purchased the house. Shelter, it's pretty darn necessary.

A: I'm sorry. I find this topic very upsetting. I believe that education should be available to everyone, and that it is actually to our benefit as a society to have an educated population. I don't think a college education should be confused with vocational training, but the system of student loans is predicated on the notion that it is. I think the system is broken. I think student loan forgiveness would be one step in reconfiguring the system. I believe that a society where people choose fields of study based solely on perceived employment opportunities would be a poor one to live in. Who would teach our children? Who would write our books, create our art? Who would pursue actual original research? I don't have answers, but I can recognize that there is a serious problem going on. The estimated cost of attendance for one year at my local community college is approximately $10,500 for a student living at home. In this state, skyrocketing tuition is mostly the result of state-funded schools partially offsetting draconian cuts in state funding with increases in tuition and fees. I'm glad some people have managed to get educated without landing deep in debt. They're clearly smarter, more responsible and harder working than I am.

M: if graduates are not able to use their skills and knowledge to pay back at least their student loans, then what does that tell you about the utility of the education they paid for? Also, if the issue is high tuition, shouldn't the focus be on the schools and teachers? Or do states set tuition prices arbitrarily, without regard to the costs being imposed upon them by school employees and school retirees? You are correct that there is a serious problem with education, but you're looking at effects, not causes, which means you are actually favoring the status quo for the next generation of students. Moreover, art and books existed before schools and tuition payments. Teaching existed before schools and tuition payments. Learning existed before schools and tuition payments. To the extent we've made schools and tuition payments mandatory for a good life, then the question is, "Why have so many schools and teachers been able to take so much money from taxpayers--tens of billions of dollars each year in some states--and churn out students who are not prepared to enter the workforce or pay back their loans?"

A: the college teachers I know aren't making heaps of money. We all gain by subsidizing education. I benefit from living in a society which is well-educated. Education isn't just a personal investment for the benefit of the individual student. That is why it is worth paying for at a broader level.

M: is education valuable to society at any cost to the taxpayer? For example, is it a good idea to spend 80% of a state's entire budget on colleges? Why not? Also, taxpayer money is finite, correct? A state receives x amount in revenue each year and must work within those boundaries. Because state taxpayer money is finite, what are the downsides, if any, to increasing college funding?

K: If an education was as cheap as some folks words, there wouldn't be much of a problem. An uneducated or undereducated nation will fail. The notion of an educated elite overseeing an uneducated mass is terrifying.

M: Does an education in and of itself--regardless of cost--necessarily lead to a strong nation? Or should we also analyze the content of the education; its utility relating to future employment prospects; its ability to foster innovation; and its ability to impart useful skills to its graduates, including critical thinking skills?

Rhetoric as a basis for policy--rather than prioritizing a balanced budget, property rights, rule of law, and an aversion to imperialism--often causes nations to fail. A college education--whether free or expensive--does not benefit society if graduates are unable to analyze complex issues with an eye towards certain values such as rule of law; an independent judiciary; separation of religion and state; checks and balances; a preference towards a balanced budget; property rights; an aversion towards imperialism, etc. Even if the values themselves cannot be agreed upon, education in general, to be useful, must impart critical thinking skills (e.g. logic) or useful skills that will lead to employment.

K: I guess it didn't work for you. That's too bad.

M: Just saw a friend write, "I loathe certain liberals because they're members of the American leftist culture where 'clever ideas,' credentials, left wing shibboleths, good intentions and personal contacts trump actually delivering value." Reminded me of a few people :-)

[Note: this posting has been backdated.]

Judge Kozinski and Judge Cantil-Sakauye: SCU Discussion

Judge Alex Kozinski and Judge Tani Cantil-Sakauye discussed civility at Santa Clara University on January 12, 2011.

Some quick facts: Judge Cantil-Sakauye is the current California Supreme Court Chief Justice and was appointed by Arnold Schwarzenegger. Judge Kozinski is the Chief Judge for the 9th Circuit. Ronald Reagan, a Republican, appointed him at the age of 35 to his first judgeship. Both judges are ethnic minorities. Both judges were appointed by Republican governors.

I think Kozinski looks like Rehnquist, but that's just my take. Maybe it's the glasses--they both seem to wear the same type of glasses. Below are some highlights from the SCU discussion:

Judge Kozinski, in response to a question about civility in discussions: judges should call it like they see it; sometimes, when people mention civility, they mean "toning it down" for people who disagree with them. [Do you see why I like this guy?]

In response to whether judges get along with each other: courts get along famously--"they keep marrying each other." [This is funny, but it also indicates that many judges are sheltered from normal society and the private sector.]

IP cases are the most contentious [cases].

On diversity: I "would not be comfortable on a court with all white guys." [Judge Cantil-Sakauye commented that she had no problems being on a court with all white guys, drawing some laughter, presumably because she has experience serving on non-diverse courts and committees. Judge Kozinski commented that when he went to law school in 1975, women already represented a significant portion of his graduating class.]

On Yale Law: at Yale, "they don't teach you law at all," he said, drawing laughter from the audience.

On televised court hearings: we've had them in my appellate court since the 1990's as part of a pilot program that eventually became permanent.

Judge Cantil-Sakauye: "My first client is the rule of law."

Criticizing opposing counsel and making personal attacks distracts from the arguments. When I see that, I flip over the page and look at the lawyer's bar number [which shows how much experience s/he has], because experienced lawyers don't do that.

She essentially confirmed that there had been a California Supreme Court judge who was senile, and his colleagues had covered up the judge's senility. However, she denied that there was a "code of silence," saying, there is a "code of respect, not silence."

On judicial elections and corporate campaign donations: bankrolling judicial candidates "makes for a suspicious foundation" and causes people to "wonder about the soundness of opinions."

On her election to the California Supreme Court during the contentious 2010 elections: she was concerned because of her unique last name (ethnic and hyphenated). She said, "Never underestimate the power of 'Mr. No'" in an election year where voters are fed up with existing political players.

On diversity: it "broadens the discussion." For example, is some behavior heinous or a product of the environment?

Monday, January 17, 2011

Is the U.S. Justice System Broken?

Fascinating discussion about whether the U.S. justice system is broken. Full transcript here.

Santa Clara Law Professor David Friedman actually manages to outwit Judge Kozinski in some places. (Go SCU!) But Kozinski still sounds pretty darn funny:

Judge Alex Kozinski [joking]: You know what I find? I find that half of the people love my opinions and half hate them. The first half is called the winners, and the other half is called the losers. I’ve never had somebody come up to me and say, you wrote a great opinion sticking it to me. Never.

Judge Kozinski on reverse condemnation:

The government makes mistakes in all sorts of ways that it does business, and if it were perfect, we would have a very different government and it would be a lot less costly. That is the nature of life that people make mistakes, and it is the nature of government that the government is making mistakes. The question is, are the costs of these mistakes internalized?...The question of whether or not you get just compensation, the question of whether something is a public use—-let me tell you what the debate is about there. The debate is about not whether it’s a public use or not. The question is: who decides? Do executive and legislative branch officials make that decision, or does it get decided by judges? Now, I like the idea that you think that judges and juries ought to make that decision, but actually I think there’s a lot to be said for saying that the decision of whether or not something is a public use gets made by the legislature.

Bonus: David Friedman:

I cannot resist my favorite quote on just this subject: “In nothing did the founders of this country so demonstrate their essential naiveté than in trying to restrain government from many of its favorite abuses and entrusting the enforcement of this restraint to judges; that is to say to men who had been lawyers; that is to say to men professionally trained in finding plausible excuses for dishonest and dishonorable acts.” Now, if someone can just find for me where Mencken said that, I can make sure I’ve got the quote right. Mine is by memory.

Congrats to David Friedman for going toe-to-toe with Judge Kozinski and walking away unscathed.

Friday, January 14, 2011

Wisdom

Wisdom from an online dater's profile:

For most of my life I thought I wanted to be an attorney until I realized that most people don't go see an attorney when things are going well in their lives. I don't want to spend the rest of my working years cleaning up other people's messes. Now I'm considering interior design or event planning.

She's only 22 years old. Very precocious if you ask me.

Thursday, January 13, 2011

Unions and Courts: Harming Taxpayers?

The Atlantic--generally an excellent, unbiased magazine--posted commentary from a visiting writer that defended unions. I responded with the following comment:

The writer glosses over the long-term, unpredictable, and unsustainable financial obligations bargained for by government workers over the past 10 yrs--none of which would have been possible without unions and politicians in bed together, screwing taxpayers.

The UC system is planning on having its employees contribute just 5% of their salaries for a pension in 2013 while California taxpayers contribute 10%.
This is their idea of "reform"--a measly 5% savings rate for retirement benefits that might cost hundreds of thousands of dollars more on the open annuity market. (See http://universityofcalifornia.edu/youruniversity/archive/2011/january/uc-retiree-benefit-plan-to-change.html, Carolyn McMillan, "UC retiree benefit plans to change": "The changes approved require both UC and its employees to contribute more to the pension fund, with employees contributing 5 percent of pay to their pensions by July 2012 and UC contributing 10 percent.")

The problem with unions voting themselves higher benefits is the lack of usual checks and balances, which leads to corruption across all government branches. Even the court system has seemingly gotten into the act: "More than 100 new judgeships were added in the past decade, judicial pay increased almost 46 percent—to $178,789—and annual spending on trial court operations climbed to more than $3 billion."

"In 1998 the AOC's budget was about $77 million; last year it was $138.9 million—or if you include the court facilities budget, $320 million."

"The AOC's staffing has increased from 268 full-time employees in 1998 to 878 as of last March, and about a quarter of those workers are paid $100,000 a year or more."

"At the courts of appeal, for example, he says 46 percent of employees earn more than $100,000; the figure is 38 percent at the California Highway Patrol and 27 percent at the California Department of Forestry and Fire Protection." [California Lawyer, January 2011]

(http://www.callawyer.com/story.cfm?eid=913375&evid=1)

The judicial branch collaborating with politicians, who are themselves in bed with unions, especially unionized police officers, firefighters, and prison guards? Who will look out for the average taxpayer and small businessowner, I wonder?

Documentary Recommendation: Marcus Dupree

I highly recommend ESPN's documentary about Marcus Dupree, The Best There Never Was.

http://30for30.espn.com/film/the-best-that-never-was.html

A touching, tragic, and heartwarming story about an amazingly talented football player and his quest to play in the NFL.

Wednesday, January 12, 2011

Public Sector Pensions: True/False Quiz

Questions for anyone who supports public sector pensions.

1. True or false? It is ideal to make all California taxpayers personally liable for financial obligations of potentially trillions of dollars to 12% of state workers.

2. True or false? If a financial manager fails to produce 8% returns over the course of 15, 20, or 30 years, he is either incompetent or has mismanaged funds.

3. True or false? Despite the fact that CalPERs bought actual land and commodities like timber in addition to stocks, it still failed to diversify its holdings over the past ten years.

4. True or false? As fund assets increase, it is easier to produce 8% gains.

5. True or false? As fund assets reach the hundreds of billions, it becomes harder to produce consistent gains because it becomes harder to effectively invest in all types of investments.

6. True or false? Warren Buffett, Stanford University, and Chuck Reed are lying to us or are uninformed when they warn us that government pensions in their current form are unsustainable and we should switch to a two-tier pension system.

7. In your opinion, what percentage of mutual funds run by professional managers have weathered the 2008-2009 recession? What makes you believe CalPERs will be in the top group of professional money managers in the future, given their performance in 2008-2009? If Bernanke and Greenspan couldn't see the housing crisis coming, why do you think a CalPERs money manager will?

8. True or false? It is ideal to rely on professional managers--most of whom have proven themselves incompetent over the past ten years--to prevent California taxpayers from being personally liable for potentially trillions of dollars of benefits to just 12% of state workers.

9. Almost all of California's public pensions assume an 8% average annual growth rate. Somewhere, there is a mutual fund manager who can manage the state's pension money and promise 8% annual gains. Do you have your money with him or her? If so, can I have the person's contact information?

10. Have you invested at least 25K in non-401k assets over the past seven years? (The reason I ask is because you would have a better idea of how difficult it is to get 8% a year, even over the long run.)

Even the big funds chase performance and have to mix up asset allocations. That involves the potential for human error no matter what. At some point, public pension supporters are just arguing that 12% of state workers should be immune from investment mistakes while the other 88% cover their arse.

Also, note that I did not mention private unions in this thread. It is a separate discussion, b/c private corporations, unlike states, can more easily declare bankruptcy to shed themselves of any long term obligations. The issue in the corporate union realm is how to ensure proper funding of the PGGC while minimizing the cost to taxpayers and consumers.

Furthermore, the best argument against private sector unions is that they harm younger and newer workers by enacting artificial barriers to getting a job; therefore, one can argue that unions limit worker mobility and freedom, especially for younger workers and immigrants.

In addition, being pro-union (or socialist) usually means you favor restricting work for immigrants in favor of native-born citizens. This is because most union jobs go to citizens, not new immigrants. It's not inherently wrong to believe that citizens should get preference over immigrants for jobs, but it depends on what kind of society you want, i.e., a faster-growing, dynamic society--or a society that votes themselves benefits to a specific class of people at the expense of future growth. But again, that's a separate discussion, and this "quiz" was designed to apply only to public sector unions and benefits.