Wednesday, January 19, 2011

Playing the Fiddle, Empire Burning Down Edition

When empires fall, the signs are there, but everyone ignores them. Consider this Facebook conversation with a highly educated woman (from one of the best liberal arts colleges on the West Coast) in her mid-20's: 

Teacher: [posts article titled, "Global finance ignores world's poor."] 

Me: this isn't anything new--the world has always had extremely poor people, and now it's getting worse. People who favor increasing the minimum wage or increasing salaries for lower level jobs in the U.S. make it harder for us to accept poorer immigrants. For many poor immigrants. their only hope is coming to America (and working in jobs most native-born citizens don't want). The best way to assist poorer people is to lower inflation and provide better social services such as cost-effective access to healthcare and top-level education. 

You may also want to think about why we've had success incorporating immigrants into our society even as France has become virulently Islamophobic; Sweden has voted in a party with Nazi origins; and the 9/11 terrorists came from Hamburg, Germany. If you treat poor people as unfortunate things to be helped instead of people who deserve jobs and financial independence from the government, then their existence is dependent on the majority population's benevolence and willingness to spend tax dollars. As we've seen, in recessions, majority populations tend to get conservative very, very quickly unless their minority populations contribute economically. 

The greatest thing about being a naturalized American citizen who owns a small business is my independence. The corollary of that individual independence is that my country seeks my love based on voluntary, not coercive terms. My family came here, worked hard, paid taxes, helped raise property values for our neighbors, and succeeded based on merit. It's a shame that so many Americans support inflationary economic policies that make it harder for immigrants and poorer people to achieve independence based on merit rather than unstable, short-term charity. 

Teacher: Money is great and wonderful and helpful, but it's still just money. If you really want to help change the lives of the poor, you have to help to empower them, help them help themselves. For example, Surin Farmer Support works with farmers here in Thailand who once were victims of the government taking advantage of them. They were given free fertilizer samples and, once used, their crops became dependent on it. In the end, they were spending just as much on fertilizer as they were yielding extra crops, except with a bunch of health issues as well. With the help of the NGO, the people of Surin have been able to learn about their issues more thoroughly and take action. Their rice is now sold in markets throughout the US. 

Me: you said: "If you really want to help change the lives of the poor, you have to help to empower them, help them help themselves." I agree. A job that involves hard work and income based on merit empowers an individual and gives him/her money, which leads to independence. And thank you for the article on microfinance. (Surowiecki is one of my favorite writers, BTW.) 

The article declares that "Microloans make poor borrowers better off. But, on their own, they often don’t do much to make poor countries richer" because the amounts loaned are too small to create a large increase in the number of available jobs. In other words, your article indicates that the problem is not enough money and not enough mid-sized to larger corporations. Do you agree that stronger corporations and more money are goals that most free market, pro-business capitalists seek to attain? It is our ability to give people jobs that has made us one of the greatest nations in the world. When you give someone a private sector job, you allow them to save money, become independent, become a net financial contributor to society (unlike gov workers or welfare recipients), and provide a future for his/her children. No abstract social policy can provide the opportunities that come from a job; therefore, the greatest help you can give to a poor person (or any person) is a job and low inflation.

Most people get jobs through businesses and corporations, so if you're anti-corporation or anti-business, you're automatically anti-immigrant and anti-individual. Social policies often see human beings as things in need of charity from their superiors, not individuals yearning for independence. Making matters worse, many social policies require bigger government, which requires the gov to print more money, which risks higher inflation. Yet, the #1 enemy of a person's ability to save for the future and support his/her children is inflation. 

By supporting policies that lead to bigger government, many well-meaning people are actually hurting the people they intend to help. Unlike most social rights, economic rights and policies directly affect inflation and therefore have severe potential consequences for poor people and immigrants. For this reason, whenever anyone says economic rights are the same as social rights; that economics is just a guessing game; or that jobs are "just money," you should be very, very skeptical. Most likely, that person supports economic policies that hurt the poor despite wanting to help them. 

Teacher: I think a better way than giving an individual money is to educate them in order for a group of individuals to organize themselves. For example, the scavenging community that I've worked with. Better than giving one of them money so they can buy a motorbike and increase their scavenging revenue would be to help them realize why they're having the issues they're having and ways to fix them. Maybe then they can organize as a group and fight for their rights as scavengers. Or they could find a way to raise money as a community and start to process their own recycling center and cutting out the middle man. It's not just about the individual, it's about the greater good. And the more that people work together, the more people will see a positive result. 

Me: it sounds like you're saying unionization is the way to go. But unionization and organized group efforts are futile in an economy that does not create many jobs or that lacks larger businesses. How does unionizing six people help them unless the company is growing and has good growth prospects? Perhaps you mean co-ops, where a group of people pool together their resources to minimize costs and increase their ability to save. That makes more sense, but even co-ops can't do much unless they have jobs and some way to make money. Again, it all comes back to jobs, not the "greater good." The "greater good" is really the ability of a society to give its people jobs, low inflation, and money that doesn't lose its purchasing power. All of these, of course, are economic issues. (BTW, whenever I hear about the "greater good," I think of Chairman Mao :-) 

Also, the goal isn't "giving an individual money" but helping him/her earn it. Big difference. Someone who thinks jobs and money are things to be "given" is someone who a) will not hesitate to use the printing press, which will lead to inflation; and b) doesn't understand the difference between gov jobs and private sector jobs. In the private sector, jobs aren't given; ideally, they are created by hard working, innovative individuals who create new products and who compete with others to ensure their products are the best on the market. 

Teacher: Let me ask you this. Why is there such a big need for economic reform? And I don't mean the circumstantial things that lead to it, but the real root of it. What has caused this huge divide between the rich and poor? Why are there so many people in the world who don't have jobs? I think unless we (the world) can really understand the root of the problem, it's all just bandages. 

Me: I can't provide a short answer to your question about the reasons people are so poor all over the world at 3:30AM :-) But ask yourself these four questions: 1) why is America so much more successful than most other countries when it comes to average and median levels of affluence? 2) why aren't most immigrants clamoring to go to Europe, China, Cuba, etc.? 3) why has America been more successful at assimilating immigrants than any other country in modern history? 4) Why do countries where leaders try to create their version of the "greater good" usually experience net outflows of their own people? (see China, Iran, Cuba, etc.) 

Teacher: [ignores all of my questions] There isn't a short answer to my question. That's the point. I don't think you or I could answer it. It's an incredibly complex problem. And I think people, in general, are too quick to find an answer to things, leading to a misunderstanding of the question/problem they're trying to answer. I do it as well, which is one of the things I'm trying to work on in my current position. The point of my asking wasn't for you to give me an answer. The point is to try and sit with the question a bit. Really, really think about it, in a way that maybe you haven't before. Go outside of your gut reaction. It's a really big world out there and there are a lot of things we don't know. Also, I think there's a big difference between what a dictator sees as the "greater good" and a group of people working together in order to create harmony. I also don't think that average to median levels of affluence should be the goal. At least, it's not my goal. I personally think there's a lot that gets lost in the way of human connection when you're trying to attain affluence. 

Me: you said, "I think there's a big difference between what a dictator sees as the 'greater good' and a group of people working together in order to create harmony." You do realize all dictators and their henchmen sincerely believe they are working together to create their own version of harmony, right? Or do you think Hitler/Mao/Khomeni/Palin woke up each morning thinking, "Today, I will be the baddest, most evil person on the planet and destroy harmony"? :-) 

See, that's what I've been trying to say--one group's version of harmony is another person's nightmare. That's the reason countries need checks and balances, respect for property and jobs, and a currency that has purchasing power. Once you lose either of those three things, lots of groups of people try to create their own version of "harmony" and people are so desperate, they will vote based on rhetoric and irrelevant factors. Think about it: if you have a vision of harmony and a group of people stood between you and your vision, wouldn't you take out the group if you could? Of course you would--you might not kill them (initially), but if they're enough of a pain in the arse, and if you really believe they are harming your vision, they will become expendable once you attain power (assuming no checks and balances or a strong judiciary or some other way of legally stopping you from implementing your "harmony" plan). 

The quest for the "greater good" has caused so much evil in the world. No one starts out thinking, "I want to be evil." But evil tends to happen when a group of people believe their vision is superior to someone else's, and their vision is based on subjective values and disrespect for property rights. The same man who once wanted to carry out a "promise to fight for a better world, for a better life for all the poor and exploited" is the same man who later said, "The executions [without due process] by firing squads are not only a necessity for the people of Cuba, but also an imposition of the people." 

Teacher: I've never been a fan of Che. What working for the greater good of people means to me is understand the needs of others and not trying to impose your own agenda on them. It's not about gaining power and taking people out. It's about working with people and realizing that if we see the world as a bunch of individuals that we will treat each other as such and continue to f*ck everyone else over. I personally am doing the best in my life to stop thinking about myself, stop thinking about my family, stop thinking about my country, and see us all as people who are all equally important. You don't think your vision is superior to others? Because the feeling I've gotten through these conversations is that you believe you know what's right and that everyone else who isn't doing that is acting irrationally (and therefore in an inferior way). Does that make you evil? I work with mostly boys. But, the whole point of my job is to help them become more educated and better members of society. People who truly know themselves and are compassionate. Not people who believe that getting a job and money is the most they can get out of life. Education shouldn't just be about preparing people for the work force. It's about exploration and preparing people for life. 

One of my goals in life is to continue to always increase my compassion and understand for everyone, including those I don't agree with. I remember once watching a clip of someone from the Westboro Church talking. It's so against everything I believe in, and I can't help but see it as hate. But, at the same time, here's someone who so strongly believes what she's doing is right. That she is trying her hardest to save people she believes are going to have to infer the wrath of God. She believes these ideas in her heart just as much as I believe mine. And for that, I can understand. 

Another example stems from my reaction to the documentary Stevie. It's about a man who is arrested for child molestation. But, you see his story and begin to understand the pain this man was forced to experience while growing up. His childhood was ruined and led him exactly to the place he ended up. How much of that is his fault? I can understand. 

Me: I do believe my theory of economic rights is superior to other theories, but my theory is different from yours because it has inherent checks and balances and is based on logic and history, not subjective feelings. [Earlier, in a lengthy Facebook debate with multiple people] I demonstrated why economic rights are superior to non-economic rights, and the only objections I saw were that my questions and theories were "unfair" or presented "false choices"--objections based on subjective feelings, not logic. (I continue to be amazed that anyone would say that food and money are equal to abstract rights divorced from economic considerations.) 

Also, as stated above, my theory of economic rights contains inherent checks and balances against overreaching and evil in its respect for individual liberty, low inflation, and property rights. Your theory, based on subjective ideas such as compassion and exploration, is exactly the opposite of mine--it has no inherent check against overreaching or coercion, and it actually seems to disrespect property rights by looking down on jobs and money instead of holding these values in the highest regard. 

Any theory based on some subjective worldview and the idea that we are all equal (instead of the idea that we are unequal but should be given equal opportunities to succeed and accept the unequal results) is bound to lead to a disrespect of property rights and individual liberty. BTW, if Thailand's economy fails to grow, the English skills you are teaching your students will make them very marketable in the black market and tourism industry. You'd better hope Thailand produces enough legit jobs for your students. If Thailand fails to prioritize its economy and instead pursues compassion, exploration, or some other subjective goal, some of your boys may grow up to be intermediaries between affluent English speakers and their own people. In other words, their destiny will be linked to outsiders. And they will have you to thank. 

As I've already explained, for most poor people, economic rights take precedence over social rights. It's interesting to see relatively rich white people railing against the idea that "getting a job and money" isn't the most important thing in life and saying that "education shouldn't just be about preparing people for the work force." You almost never see any actual poor person making similar statements. Perhaps it's because poor people hate being poor and want to be (relatively) rich like us. 

Teacher: I've heard poor people make statements like that. They were people fighting to preserve the right to keep their culture that was being taken away by large scale development projects. Development projects that would offer jobs, but also take away the way of life that they hold very dear. They chose culture and have been fighting the battle for over 10 years. And, just so you know, you come off as an offensive know it all. 

Me: like most Californians, you've been fed bromides through our public school system. In order for you to grasp the concepts I'm trying to impart, you must first accept that your education was incomplete. It is very, very hard for anyone to accept that s/he has an incomplete education. It's a lot easier to think the guy who disagrees with you is just an offensive a-hole. (And that's why most idealists who lack respect for property rights and who come bearing visions of harmony wipe out dissidents when they gain power.) The problem with you and most Americans is that they have too much unjustified self-confidence and can't humble themselves long enough to learn something outside of their own field. But rather than tell themselves, "I don't understand anything about economics and should learn more," most Americans instead seek to unleash their subjective visions of harmony on the world. In doing so, they are harming the very people they seek to help. 

Teacher: You are more than welcome to believe that. I'm confident in my personal assessments of my strengths and weaknesses. Have fun fighting your fight. 

Me: if you really want to test your strengths and weaknesses, read Milton Friedman's Capitalism and Freedom. I know you read a lot, and this book will take you maybe three hours to read at most. Let me know if you ever do read the book. 

[She later deleted me as a friend on Facebook. No word on whether she read Mr. Friedman's book.]

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.