Tampilkan postingan dengan label Colorado Politics. Tampilkan semua postingan
Tampilkan postingan dengan label Colorado Politics. Tampilkan semua postingan

Senin, 15 Agustus 2011

Colorado Voters Not Conservative

Colorado voters polled by PPP narrowly favor marijuana legalization, strongly favor civil unions for same sex couples, and want to keep Michael Bennet and John Hickenlooper in their jobs by large margins. Other polling has shown that they favor President Obama over any of the GOP contenders in the 2012 Presidential race.

Also, "Voters are closely divided on a referendum slightly raising the state income and sales tax rates in order to fund public education. 47% disapprove and 45% approve of these potential hikes. Republicans are more against it (73%) than Democrats for it (63%), but independents side 48-44 in its favor."

This is bad news for the public education funding measure as revenue increasing measures have historically almost always see their support decline in Colorado as the election grows closer, and the election is not that close yet.
READ MORE - Colorado Voters Not Conservative

Kamis, 11 Agustus 2011

Why didn't the predicted surge in teen crime happen?

Conservative criminologist John DiIulio called the fearsome horde "super-predators." He estimated that they'd number nearly 200,000 by now. Even unflappable Attorney General Janet Reno foresaw violent crime doubling among kids. . . . William Bennett, the former drug czar . . . wrote a 1996 book with DiIulio on the topic, titled "Body Count," which attributed the problem to moral decay. . . . It never happened. . . . Instead, Americans are experiencing the sharpest decline in teen crime in modern history. . . .

[Why?]

Probably more important than tighter school security . . . were these factors:

In the decade of economic expansion that ended in 2000, the number of older teens who were neither in school nor at full-time jobs dropped by nearly a third. . . . Prosperity . . . gave teens more and better options to crime. . . .

The Latino population in central cities swelled as teen crime declined. . . . Their influx . . . brought more intact families, stronger values, higher religious participation - and lower crime rates. At the same time, many of the black families they replaced moved to suburbs where poverty was less concentrated. "Kids once confined to the inner city started seeing lifestyles other than the street." . . .

Criminologists decided in the `90s to track what worked and what didn't in dealing with teen crime. Boot camps didn't work. . . . Nor did trying juveniles in adult courts. Big Brother and Big Sister mentoring worked. Foster care for delinquents worked better than lock-ups if foster parents were well trained and the goal was to return the delinquents to well-coached biological parents. Suspending delinquent kids from school or leaving them back didn't work. . . . They found that if one parent is strong and consistent, the second isn't missed when it comes to preventing delinquency.

The incarceration rate rose from 1 per 1,000 adults to 4 from the `80s to today, and it has many foes. But . . . jailing more adults sharply reduced the number of teens who commit crimes with adult accomplices.

Economist Levitt attributes teen crime's sharp drop to a reduction in unwanted children, which began with the Supreme Court's Roe v. Wade decision in 1973. Criminologist Zimring, among others, thinks it contributed but isn't as big a factor
as Levitt argues.

From here.

These gems come from a blog associated with The Atlantic magazine, linked to at Enik Rising.

It ties into a Denver Post rehash of a local think tank report on population growth in Denver neighborhoods that I saw today. Three of the top five: Green Valley Ranch, Stapleton, and Lowry, are unsurprising. They are neighborhoods that were previously uninhabited that have seen major residential development in recent years.

The other two, Five Points and Montbello, are cases that fit the dynamic described above in which neighborhoods that used to be predominantly black ghettos with dire poverty that have seen major influxes of Hispanics, as well as others, in a combination of ethnic shifts and gentrification as many black residents of these neighborhoods have moved to suburbs or to central city suburban style neighborhoods like multi-ethnic Green Valley Ranch.

Another place in the metro area that has seen a similar and rapid demographic shift is Old Town Aurora, once a center of blacks and lower income Korean immigrants, that is now increasingly Hispanic.

Perhaps not coincidentally, the Denver Post also announced the inauguration of a major overhaul of eleven Northeast Denver schools, a move that has been heralded as positive by some, while arousing extreme controversy, skepticism and complaints about insufficient community consultation from others. FWIW, I haven't followed the overhaul efforts closely and don't have a strong opinion on their merits as a result.

Aurora, also perhaps not coincidentally, has also recently announced a major urban effort directed at the area between Stapleton and Old Town Aurora, although it has been overshadowed by a bid by Aurora to develop a complex that would compete heavily with the convention center complex in downtown Denver.

Not to put to fine a point on it, but, in each case, major governmental initiatives to improve city services in metro Denver neighborhoods have coincided with declining African American populations in those neighborhoods.

Certainly, nothing as crude as Jim Crow racism as it work in Denver, that just elected a second African-American mayor despite having a fairly modest African-American population percentage for a major American central city (Hancock this time around, Webb the last time around), or in Colorado, which recently had an African-American state house speaker (Terrance Carroll). Nor does metro Denver as a whole want for predominantly Hispanic neighborhoods that have been sorely neglected in the government services department. The cause and effect relationships here are more subtle and are not simple examples of racial or ethnic favoritism.

Northeast Denver, for example, has changed due to efforts like the Ballpark Neighborhood gentrification, the transformation of "North Capital Hill" into "Uptown" and the impact of the Stapleton and Lowry developments which sent middle class traffic through these formerly low income predominantly black neighborhoods and called attention to their potential to provide short commutes to downtown.

The housing bubble opened up a lot of affordable, quality suburban homes to people from Denver including families in Northeast Denver that have not been tainted by generations of covert and overt racial discrimination in the housing market that reached a critical mass that became self-sustaining where it has established itself.

Rising real estate values in Denver from a bubble collapsed low point in 1983 until an earlier than the rest of the nation slump, particularly in central Denver, transferred considerable wealth to inner city home owners.

As post from The Atlantic article that led me to the teen crime story that I quoted observed, underclass predominantly black dysfunctional ghettos are nothing to be nostalgic for, even if one is firmly committed to improving the well being of the people who lived in those communities a few decades ago and their children. The transformation of these dysfunctional neighborhoods wasn't a punishment inflicted on its residents; it was a reflection of the fact that the people who lived there have mostly found better alternatives and moved on when barriers to their exit from those neighborhoods became less steep. The neighborhoods weren't bad because they were non-white, they were bad because they had high crime, high truancy, governmental underinvestment, high teen pregnancy, few viable businesses, and high unemployment that had deep and obvious causes in American history.

Improving neighborhood well being makes neighborhoods tolerable to people who have any choice at all about where they live and has led to rapid population growth in these neighborhoods. Creating demand for housing in these neighborhoods boosts property values and makes life more tolerable for those who continue to live there. Even renters who are forced to leave due to rising rents in these neighborhoods spur the construction of newer and better rental housing in the metro area that if often better than what they left behind. The line between someone who is a slum lord who has received a windfall from the changes in these neighborhoods and someone who is a civic minded booster of a neighborhood is often a thin one.

Capitalism may not always seek out hard case situations to invest in for the long run, but it doesn't follow that it profits from large scale systemic socio-economic misery either. It encourages profitable mutual growth, it just sometimes has a hard time getting the ball rolling because not enough people have enough vision to bring the needed investment and suspicion abounds because it is hard to tell who gains and loses from the changes in advance. But, when your current neighborhood is one of the least desirable in the metro area, as was the case for a significant share of Northeast Denver in the 1980s and into the 1990s, it is hard for change, either to the neighborhood or for those who end up leaving the neighborhood as a result, to be a terrible thing or a case of downward mobility.



READ MORE - Why didn't the predicted surge in teen crime happen?

Jumat, 08 Juli 2011

Sentencing As A Subnational Federalism Issue

In California, "state prison overcrowding is due in large part to county decisions about how to deal with crime. . . data from 2000-2009 [show that] . . . California’s counties use state prison resources at dramatically different rates, and, moreover, that the counties which use state prisons the most have below-average crime rates. . . . incarceration in state prisons is one policy choice among many, not an inexorable reaction to violent crime.

Counties can and do make different choices about how to respond to violent crime, including the extent to which they use prison. . . . [L]ocalities are crucial - and critically underexamined - contributors to state prison populations. Decisions are made at local levels about prosecution, investigation, plea bargaining, and sentencing, and these decisions are made by officials who are either elected locally (such as DA’s, judges, and sheriffs) or appointed locally (police and probation officers). Local policies and policymakers affect the state’s corrections budget, even though the state has no say in designing or implementing these policies."

From the abstract to "Tough on Crime (on the State's Dime): How Violent Crime Does Not Drive California Counties' Incarceration Rates -- And Why it Should" by W. David Ball.

The notion that criminal justice decisions have budget implications that work like an entitlement program, mandating spending with little regard to the amount appropriated by the state budget for the purpose, is familiar. The notion that local exercises of discretion in the criminal justice system can be as important as the text of the state criminal code in driving incarceration rates is not unfamiliar, if less commonly observed.

But, the notion that disparities in criminal justice discretion are a distributive justice issue between local governments, with excessive incarcerators imposing burdens on other state taxpayers who have no say in those decisions is a conceptual breakthough.

The article linked looks at these issues in California, but they also come up in Colorado, where suburban Denver's Arapahoe County's notorious prosecutor exercises discretion to impose longer and more expensive sentences of similarly situated defendants than prosecutors elsewhere in the state, such as the neighboring urban City and County of Denver. But, I'm not aware of anyone that has done a study looking at the issue from the frame that Ball does in Colorado, even though all or almost all of the relevant data are fairly easily available online in government statistics.

The high sentences sought in Arapahoe County in the criminal justice system impose fiscal burdens on other Colorado taxpayers in a way similar to, but less transparent than the efforts of the exurban Denver area Douglas County school board to unilaterally establish a voucher plan that would give students attending private (mostly religious) schools a partial share of the per student state funding that the district receives (and no local money) if it can succesfully make the case that voucher students count for school funding formula purposes. In other words, both proposals are to a significant extent money grabs at a scarce state general fund by affluent communities led by politicians who have a strong public ideological opposition to taxes and government spending.

Framing sentencing law as a fiscal issue rather than a human rights issue has produced a major withdrawal from war on drugs and tough on crime politics driven long sentences for relatively minor crimes in a variety of conservative leaning political jurisdictions. Perhaps a focus on considering local sentencing discertion in a fiscal frame could elicit further reforms that address abuses of discertion by local political actors in this process, where traditional liberal and academic arguments for sentencing reform have not.
READ MORE - Sentencing As A Subnational Federalism Issue

Kamis, 30 Juni 2011

Civil Unions In Rhode Island And The State Of Gay Marriage

Rhode Island's state legislature had passed a civil unions bill that its Governor is sure to sign.

Rhode Island joins four other states — Hawaii, Illinois, New Jersey and Delaware — that have legalized civil unions, according to the National Conference of State Legislatures. Several other states recognize domestic partnerships, while six have legalized same-sex marriage, as has the District of Columbia[.]

In terms of terminology, civil unions are marriage in all but name, and domestic partnerships are "marriage minus." But, it isn't clear yet whether all three will be the same in the eyes of the federal government, only marriage will count as marriage, or both marriage and civil unions will count as marriage in the eyes of the federal government. In theory, the federal government could even treat civil unions and/or domestic partnerships as marriages for some federal law purposes, but not others.

Still, we have reached a tipping point on gay rights in the United States.

The only other New England state without either gay marriage or civil unions is Maine (a year and a half ago Maine voters narrowly overturned the state's legislatively adopted marriage equality law, 53-47), but it apparently still has some form of domestic partnership law. New York, New Hampshire, Vermont, Massachusetts, Connecticut and District of Columbia have gay marriage. Pennsylvania and Maryland are the holdouts in the Northeast that currently lack gay marriage, civil unions or legally recognized domestic partnerships, and none of the states in the region that lack gay marriage or civil unions appears to have constitutional amendments prohibiting state legislatures from allowing gay marriage.

Rhode Island's move solidifies the Northeast block's stance that same sex couples have the same legal rights under state law as married couples, putting pressure on Maine, Pennsylvania, and Maryland, which have considered but not yet adopted such legislation (with the bills failing by narrow margins), to follow the examples set by their regional neighbors with whom they have strong ties and a history of interstate cooperation on other issues like automotive emissions and bottle recycling.

In the last tally that I saw, there were civil unions in Hawaii and domestic partnership legislation on the book in Washington State, Oregon, California and Nevada, forming a regional block of greater Pacific area states with gay friendly legislation.

California had had judicially established gay marriage until voters passed Proposition 8, but a trial court has ruled that Proposition 8 was unconstitutional, a challenge claiming that the trial court judge who ruled on the Proposition 8 case should have recused himself has been rebuffed, and the 9th Circuit Court of Appeals has essentially held that the only person who purported to appeal the trial court ruling lacked standing to appeal unless the California Supreme Court states in a legal question certified to it that the proponents of a ballot initiative always have standing to defendant constitutional challenges to that ballot initiative (which it seems unlikely to do when it rules on this issue which has been briefed and it is considering).

To make a long story short, it isn't at all beyond the realm of possibility that California will have true gay marriage (in addition to New York, which took this step earlier this year) by year end. Resisting a trend that already includes two of the nation's largest states and two whole regions of the country is not easy for its opponents, particularly without national government support with the Obama administration has denied them.

In the rest of the country, Illinois (which has civil unions) and Iowa (which has gay marriage) are an island of tolerance in an otherwise legally hostile sea, in the case of Iowa, as a result of a judicial decision that caused several Iowa Supreme Court judges who supported the ruling to lose retention elections.

The repeal date for the military's "Don't Ask, Don't Tell policy" a half-measure that kept a ban on gays in the military in force, is now set in stone by legislation.

Each legislative and court victory, shifts overall public opinion in favor of the change, because there is a natural tendency to accept the legal status quo as legitimate.

For activists in Rhode Island, winning "civil union" status rather than "marriage" status is more than a symbolic defeat, because the provision of the Defense of Marriage Act (DOMA) that pertains to federal law recognition of state law marriages is crumbling. Court rulings holding that this part of DOMA is unconstitutional are staking up; the administration has changed its litigation strategy from one of vigorous defense of the constitutionality of this part of DOMA to half-hearted enforcement of the law until there is an authoritative judicial decision to the contrary despite publicly expressed doubt concerning its constitutionality, and federal administrative reluctance to enforce penalties that deportation of a same sex spouse. There is a strong likelihood, although it is not completely certain, that the federal law part of DOMA will be judicially ruled to be void and no longer applied by the federal government before the 2012 election.

But, even if the federal part of DOMA is held unconstitutional, it isn't obvious that a couple with a civil union or state recognized domestic partnership would be entitled to the same treatment under federal law as a married couple.

Even assuming that the federal government part of DOMA meets its demise for want to support from the Obama Administration and as a result of judicial rulings to that effect, the provision of DOMA the provides that states need not give full faith and credit to a gay marriage in a sister state is not yet the subject of a serious legal challenge, and a great many states have no form of gay marriage, civil union, or domestic partnership of their own.

Interstate recognition of gay marriages, civil unions and domestic partnerships is ill defined at the moment, even among states that have them. Wyoming is a recent example of a state that does not have its own gay marriage law, but was willing to take jurisdiction over a divorce for a same sex couple married elsewhere. The court found that a ban on marrying same sex couples did not imply a ban on divorcing them.

Many constitutionally prohibit gay marriage, and almost all that don't do so in their constitutions, prohibit it by statute. But, state constitutions, unlike the federal constitution, tend to be quite easy to amend as public opinion shifts.

Isolated rulings, however, particularly in the adoption and child custody area in states like Florida, have held that discrimination against same sex couples even if they are not married, lacks a rational basis and is unconstitutional under the 14th Amendment equal protection clause.

Indeed, the law related to children, in general, and of parental rights and responsibilities of married couples vis-a-vis non-married couples has been so completely harmonized in the context of opposite sex unmarried couples, that paternal marriage status is almost irrelevant to these issues now even in states that have strongly resisted recognition of gay rights. There are some sometimes subtle differences involved in establishing paternity, but otherwise, the formal barriers to same sex couples in relation to children have been retreating for some time.

The U.S. Supreme Court's Lawrence case ended criminal prosecutions for consensual, non-commercial sexual relationship between adults in same sex couples, and this also probably provides a comparable privilege for sexual relationships of this type between all unmarried adults who are not in a position of trust with regard to each other or incestuous. Very few states continue to have civil or criminal sanctions for adultery. Meanwhile, martial exclusions for non-statutory rape have increasingly been stripped from the law books.

From a legal perspective, marriage no longer has almost any relevance to the legal regulation of parenting or sexual activity with which it was traditionally associated. At this point, legal marriage is almost exclusively an economic relationship pertinent to default private law rules concerning property, and personal care taking, mandatory private law rules concerning financial support, and is a device that helps to structure economic obligations for taxes and economic entitlements to government benefits.

For many purposes, private documents, such as domestic partnership agreements, inheritance and beneficiary designations in wills and other documents, medical decision making, and more, can establish arrangements between couples whose state law legal incidents are equivalent to those provided by marriage, and in states like Colorado that are at first glance hostile to gay marriage, these legal arrangements are increasingly easier to put in place and adopting non-discrimination laws that include sexual orientation. Many couples never put the full package in place, but many, although not all, of the practical state law legal disabilities associated with not being married can be overcome.

Colorado was just a couple of votes short of a civil unions bill in the 2011 legislative session, it has a U.S. Congressman and a number of prominent state legislators who are openly gay or lesbian, it has a U.S. Senator, Michael Bennet, who is co-sponsoring DOMA repeal, and its Governor is a supporter of gay rights who made a high profile appearance at this year's Denver Pridefest. Colorado's designated beneficiary act is just a notch short of a full domestic partnership law, Denver has a process by which couples can register as domestic partners, Colorado has included sexual orientation in almost all of its non-discrimination laws, and Colorado has made other same sex couple friendly adjustments to other aspects of its private law. If Democrats regain control of the state house in 2012, and possibly even if public opinion shifts even a small number of state legislative votes in the 2012 legislative session, Colorado will probably have civil unions by 2012 or 2013.

The solid regional blocks of legal recognition for same sex couples that are in place now and growing will make denial of full faith and credit look increasingly bigoted and will make this denial increasingly administratively cumbersome as a practical manner.

The Denver Post today cited statistics from the Census Bureau identifying more than 16,000 people who are gay or lesbian partners living together in 2010 up from a little more than 10,000 in 2000. About a quarter are in Denver, and thousands more are in the metropolitan area. It is increasingly easy for same sex couples to have a marriage or civil union somewhere, and to the extent that out of state couples are given the opportunity to marry in states that do permit same sex marriages, this will presumably provide full recognition at the federal level nationwide if the federal government portion of DOMA is held unconstitutional, even if the states where the couples reside do not themselves recognize their marriages as valid.

For example, suppose that the federal government portion of DOMA is invalidated and two men from Denver get married in New York City, and then return to Denver. They file their federal tax returns as a married couple filing jointly. Colorado law provides that state taxable income is a fixed percentage of federal taxable income. But, this state tax rule is hard to apply if Colorado does not permit couples that are treated as married filing jointly for federal tax purposes to be taxed with the same filing status at the state level.

DOMA does not appear to allow one state to invalidate an adoption of a child by a same sex couple granted in another state. Community property rights that were accrued by members of same sex couples in a state that gives their relationship formal legal status equivalent to marriage probably persist, even if the couples moves to other non-community property states, and give rise, at least, to a partition right, if not a right to a true divorce proceeding. The more that this issues become practical ones immersed in people's everyday lives, rather than exceptional issues of principle, the less controversial they will become.
READ MORE - Civil Unions In Rhode Island And The State Of Gay Marriage

Jumat, 03 Juni 2011

New Probate Judge Appointed In Denver

Per Law week June 1, 2011 via the Trust and Estate Section of the Colordo Bar Association:

DENVER — Wednesday, June 1, 2011 — Gov. John Hickenlooper announced today the appointment of Elizabeth Leith to serve as a probate judge in the 2nd Judicial District (Denver County). Leith will replace the Honorable C. Jean Stewart, who is stepping down June 30.

Leith, of Denver, is currently Magistrate Judge for the 2nd Judicial District, where she has served since 1999. Issues that come before her include civil discovery disputes, liquidation of damages, foreclosure issues, child support, post-decree related matters and other issues. Before becoming a magistrate, she was an Assistant City Attorney for Denver, Human Services Section (1991-1998); Deputy District Attorney for the 4th Judicial District, Child Enforcement Unit (1989-1991); private practice attorney (1989); and associate attorney for Sandra J. Plaff, Esq., (1988-1989).  Leith earned a bachelor’s degree from Metropolitan State College of Denver (1982) and a law degree from the University of Denver College of Law (1988).

Leith’s appointment is effective July 1.

The other two finalists for the position also had backgrounds as magistrates. One was the recently sitting Denver Probate Court magistrate (who was previously a magistrate in a court other than the probate court in Colorado who also lacked substantial probate experience), and another was a previous Denver Probate Court magistrate. The selection committee clearly felt that generalized judicial experience was more important than substantive law experience in the areas within the jurisdiction of the court.

Leith comes to this specialized post with very little probate experience, and what little experience she has in the field is at a very junior level when she was fresh out of law school, and is more than twenty years old, but this isn't necessarily a fatal flaw, even on this subject matter specialized court, because very few of the contested cases at the Denver Probate case actually involve the probate of wills. The vast majority of the contested cases involve guardianships and conservatorship which calls for talents similar to that involved in domestic relations cases. The vast majority of decedent's estate cases are handled administratively by court staff without ever reaching the judge.

Leith's appointment is the only one of the three nominees that makes a clean break with Judge Stewart's tenure (judges appoint magistrates), which several Denver Post stories had seriously criticized, despite her retention by the voters in 2010 with an overwhelming majority of the vote.

I wish Judge Leith the best of luck in her new position.
READ MORE - New Probate Judge Appointed In Denver

Denver's Municipal Election Round Two

Ballots must be received in Denver's runoff election on Tuesday. Today is that last day the a mailed in ballot has a reasonable chance of arriving; delivering a ballot to a designed drop off (the instructions in your ballot have locations and hours of operation) is a better bet after today.

The Mayoral Race

The marquee race for mayor is between Chris Romer and Michael Hancock. I made a choice and voted, but honestly, I am as ambivalent as I've ever been in an election. I'm not alone in this; Vincent Carroll at the Denver Post wrote a column saying the same thing.

Polling shows Hancock with the lead, although not an insurmountable one, despite the fact that Romer had the most votes at the end of the first round.  Voting in the Mayor's race once again closely followed ethnic lines in the first round, with predominantly Hispanic neighborhoods favoring Meija, predominantly black neighborhoods voting for Hancock, and white neighborhoods voting for Romer.  Most of the leaders in the Hispanic community have backed Romer in the runoff following the lead of Meija, but many of the runner up white candidates in the Mayoral race have backed Hancock.

Both are Democrats. Neither was my first choice. Both have political experience. Romer has a background as na investment banker who specialized in municipal bonds and focused a fair amount on out of the box solutions to the state's problems, particularly transportation, while in office in the Colorado General Assembly representing parts of the city including Congress Park. Hancock is our outgoing city council President with strong ties to the community. Neither have experience of CEO of an organization in any way resembling the City and County of Denver in either size or character. Romer has stronger ties to big business and has been the preferred candidate of big Denver names in the Republican party, and his father was a decidedly moderate Democrat while he served as Governor of Colorado. Hancock's natural instincts are to consider the impact of policy on the little guy, but he lacks the connection's to the city, state and national power elites that can help make things happen that Romer has at his disposal.

Romer has waffled on his stand on medical marijuana. Hancock has attacked Romer for taking big donations from strip clubs, equivocated on teaching evolution and is lukewarm about the right to choose. It is hard to tell how this will play out as the City develops policies for dealing with legal and illegal vices. Neither man seems to have an unwavering commitment to the sensible cost conscious, treatment oriented criminal justice and corrections administration reforms that Doug Linkhart has quietly but relentless secured in his tenure on the City Council.

Romer has promised to cut down on land use and licensing red tape, a legitimate issue that Hickenlooper also put on his agenda but never managed to pull off. Hancock seems inclined to refocus city attention on neighborhood level projects rather than big ticket centralized projects that most of his predecessors have focused upon.  But Hancock has less of a business orientation, for example, fumbling his handling of a situation involving the regulation of the city's taxi market in a way that seemed to help keep a new competitor out of the market for no legitimate reason. Hancock had personal involvement in developing the city's new zoning code (which is substantively probably worse than the hodgepodge that came before it despite being statutorily much more clean) and may feel a stronger stake in defending it whether or not it makes sense in a particular case out of respect for the process that created it, than Romer who has far less participation in that process.

Hancock's political style is more consultative, and community involvement is a natural instinct for him, but perhaps as a result, has few signature innovations as feathers in his cap despite the power he held in city council and he offered no substantive reforms other than greater community contract when asked by Colorado Public Radio how the city would look different after a year in his administration. Romer is better at avoiding falling into group think with independent ideas, but while this may show leadership, it also isn't unusual for his proposals to face opposition because he hasn't won sufficient support behind the scenes with all of the players involved before announcing them. He poses a greater risk of embarking on big new ideas that fall entirely flat. Neither man has the game changing capacity to walking into a room and suddenly secure seemingly impossible compromises that our state's most effective politicians, like John Hickenlooper and Andrew Romanoff, share (most recently seen in Hickenlooper's successful legislative battle to secure passage of the bill approving the state's regulations, despite a squabble over pay day lending regulation that he got state house Republicans to give up upon).

Both men acknowledge that need to continue and improve upon the efforts of Mayor Hickenlooper and acting mayor Bill Vidal to be more effective in disciplining bad cops and both have promised to remove a key figure in that process who has been roundly criticized - although under Vidal's administration public discipline has been stepped up; but it is hard to tell who would be more effective at securing that result. The fact that Romer was endorsed by the Fraternal Order of Police and that Hancock has closer political ties to communities that have been on the receiving end of police misconduct tend to tip the balance towards Hancock in my mind on this very important issue.

Romer's personal life has been unnotable. Hancock's personal life has been messier, for example, he didn't publicly acknowledge an out of wedlock child born two years before he married his current wife who is the mother of his two younger children until around the time he started contemplating his current run for office (thereby heading of the potential scandal of a child appearing out of the woodwork), but not in any way that obviously impairs his ability to serve the city as Mayor.

I could have probably dug deeper and found out more about the candidates before I voted and relied to some extent on a variety of endorsement cues and gut feelings rather than taking the time to really gather all the information I needed to make an optimal decision in what is a close call when lots and lots of information is available. But, I didn't have the time and both men are competent enough that I have considerable hope for Denver's future no matter who gets elected.

Also, notably, while some people have grumbled about negative campaigning in the Mayoral race, I'm not one of them. Honestly, I wish there had been more of it. A flawed Mayor can do a great deal of damage, while the difference between what a pretty good Mayor and a blandly competent one can do for the city is pretty marginal. (Neither runoff candidate is out of the park excellent this time around.) If a candidate has a serious flaw, or even does something that might provide a hint that there is a real probability that the candidate has a serious flaw even if it doesn't squarely prove that, I really, really want to know that as a voter. Civility has its place in politics, and untruthful negative advertisements do detract from the process, but truthful negative advertisements are vital to helping voters make good decisions.

The Race To Be Clerk and Recorder

I also looked into the runoff Clerk and Recorder's race again before voting in that race between McCarthy, my neighborhood whom I should have known better when I first posted about the race who had a much better campaign than I had given her credit for having, and Debra Johnson, Aurora's city clerk. The really good news is that two other candidates for the office, whom I sounded criticized in a blog post prior to the first round were defeated (in one case by a margin smaller than the number of people who had read that blog post).

Again, I didn't have as much time to scour the scarce information about that race as I would have liked, and despite having personally spoken at some length with McCarthy and heard interviews with Johnson on the radio, I ultimately drew a blank on the issues that mattered most to me: "what agenda does each woman have to make changes in the office on day one?", and "who is more likely to make the right decisions on close election administration decisions?" Neither woman articulated much of an agenda or really answered the question of what problems they would solve when in office. Both seemed to manage to avoid giving answers on election administration questions in the statements I heard from them and the materials I reviewed that shed much light on how they would handle those issues differently from their competitor.

I ultimately voted for McCarthy, because she seems to have more political sense and more of a sense that she is entitled to use the authority of the office to the fullest, despite the fact that Johnson's experience is more directly relevant and that Johnson seems to have some sensible detail oriented ideas for improving the apolitical aspects of the office's operations. But, as in the Mayor's race, I didn't have a strong preference for either candidate and was voting as much as anything on gut feeling at a time when I felt that I didn't have the time or energy to get enough information to be comfortable that I'd chosen the person most likely to have the right instincts in close cases and to be the most effective manager of the office administratively (for managerial competence can frequently be as important as policy preferences and attitudes in this kind of post).  This was a very close decision.

The Big Picture

There are a few second round city council district races as well, but I have completely ignored them for the selfish reason that those are choices that I am not required to make myself.  The key point is that the first round of the race eliminated essentially all of the bad possiblities and have given voters time to take a closer look with more information available at the two candidates that remain in each of those races.

Four days from now, electoral municipal politics in Denver will be over for another four years and we will have a new team of leaders who have the ability to fix our city's problems and to help up realize its possibilities if they rise to that challenge, no matter who wins. Denver has been blessed by more than two decades of really outstanding mayors and strong municipal leadership on city council and in its other elected offices, that has allowed it to weather the financial crisis better than many peer cities, and to have a lot of neighborhoods that are vibrant and growing after starting from a pretty miserable place in the early 1980s, despite the fact that it is effectively landlocked. I sincerely hope that our next crew of municipal leaders, who have very big shoes to fill, will manage to continue this proud tradition.
READ MORE - Denver's Municipal Election Round Two

Kamis, 19 Mei 2011

Service Announcement

The merit selection panel for the Second Judicial District selected three of the nine nominees from which Governor Hickenlooper will select the next Denver Probate Judge on Tuesday.

One was a former Denver Probate Court magistrate who served for much of outgoing Judge Stewart's tenure. One is the current Denver Probate Court magistrate. One is a long time magistrate in Denver in its non-probate divisions. I am not that Denver lawyer and instead, will be continuing to have a private practice law. It is now up to Governor Hickenlooper to make a choice from these three candidates in the next two weeks, and as I probate lawyer who practices regularly in that court, I sincerely hope that he makes a wise choice between the three very different candidates. I appreciate all the support I received in the process, which was conducted in a fair and orderly manner. Colorado's method of selecting judges is a far superior way to obtain qualified judges than either ordinary judicial elections (we do have retention elections, but those are quite different), or the kind of exclusively political appointment process we have for the federal judiciary and some state courts.

For those of you who read this blog, that means that a brief hiatus from making posts that would be inappropriate for someone subject to the Canon of Judicial Ethics, most notably, partisan politics and certain kinds of posts on religious topics. In the next few day, I will be rebuilding the sidebar links (not necessarily exactly as I left them), and restoring archive functionality.

I anticipate having considerably less time available to blog for the indefinite near future, due to a major new source of legal work (hurray!), and also simply want to keep this space from getting stale. Towards that I end, I plan on rethinking and refocusing what I write about and how I do it.

I'm not sure exactly what I will come up with, but don't be surprised to see some changes. This post is two short of being post number 5400, and this July will be the sixth anniversary of this blog. I plan to make the change over on this anniversary, although there will be some beta testing of some of the concepts in the next nine weeks.

I definitely won't be converting to a group blog or taking guest posts - I don't have time for that kind of brain damage and coordination in a catch as I can personal hobby.

But, I'm looking at ways to give a bit more structure and direction to my posting and I am considering imitating Maju and splitting my currently eclectic blog into two or three more focused ones, although, unlike him, I will definitely make sure that "Wash Park Prophet" continues to exist as one of those blogs, mostly (with all due respect) because "Wash Park Prophet" is a bit catchier a name than the name of Maju's old omnibus blog, "Leherensuge."

The new Wash Park Prophet will include, at least, all matters related to Colorado in particular, from local politics, to infill and Denver neighborhoods, to praises of and rants about local businesses. One or more other blogs with still undetermined names will cover a significant chunk of the other stuff that I blog about here.

I am still playing with precisely which other topics to separate out, what banner(s) they will fly under, and what format changes, if any, I want to make at the same time. This blog covers an immense range of territory and it is perhaps a foreseeable curse that the son of a man whose academic career was profoundly interdisciplinary finds it tricky to fit his own musings into neat disciplinary boxes. The main criteria will be practical. Which topics overlap the least and what descriptions produce the clearest clusters (acknowledging that on rare occassions, a cross-post may be in order)? I am also considering a retooled set of post categories.

"Wash Park Prophet" will stay at this web address and continue to use the blogger system, because I want the address and format to have continuity, although it will have a visual face lift. The new blogs will not necessarily be blogger blogs and suggestions for the best alternative platforms are welcome.
READ MORE - Service Announcement

Senin, 25 April 2011

Undocumented Workers Still Not A Public Finance Burden

The latest reports the Colorado Law and Policy Foundation and the Bell Foundation confirms that in Colorado undocumented immigrants still pay more in taxes than they use in public services. If there is an argument against immigration, it is not an empirically valid public finance argument.
READ MORE - Undocumented Workers Still Not A Public Finance Burden

Jumat, 15 April 2011

Denver Clerk and Recorder Election Just Got Easier

There are four candidates listed by the Denver Clerk and Recorder's office election division as running in Denver's all mail in ballot municipal election in which ballots go out in the mail today and are due back on May 3, 2011. They are: Tom Downey, Sarah McCarthy, Jacob Werther, and Debra Johnson.

I won't be voting for Tom Downey or Jacob Werther for Clerk and Recorder. Why?

Tom Downey is in running on the strength of his ties to Scott Gessler, our current Republican Colorado Secretary of State, who has repeated made negative headlines in his brief tenure of office, and also made headlines during the campaign for his less than stellar work as an election lawyer, as well as his endorsements from other Republicans. Gessler has been a stern advocate for gutting campaign finance laws, disenfranchising voters without a solid factual basis, holding onto excess departmental funds that the rest of the state's budget needs, and not working full time at the job he was elected to carry out. While Mr. Downey was hired by Bernie Buescher and merely retained by his new boss, Scott Gessler (he runs the Business Division), he does not have the political good sense that his position requires. If he doesn't know that Gessler's endorsement is toxic, he deserves to pay for that mistake by losing my vote.

I had already ruled out Jacob Werther on the basis of the criticism that Dan Willis, a reliable straight shooter in this area with personal knowledge of the candidates.  He has identified Werther as a man who comes across as an unbalanced conspiracy theorist, or at the very least, as someone who jumps to suspicions of wrong doing without having facts to back up his suspicions.

This leaves two candidates still in the running for me: Debra Johnson and Sarah McCarthy.

Johnson is the appointed city clerk of Aurora whose only drawback seems to be a complaint filed against her by the Downey campaign related to campaign finance filings that seems to be related to technical problems with Denver's e-filing system  Her experience, character and lack of eagerness to associate herself with people who exemplify everything that is wrong in election administration in Colorado recommend her over either of the two men in the race. The fact that she is supported by Pam Bennett, whom I know from working with her in the Democratic Party of Denver to be a level headed and sensible person also speaks well to her suitability for the office.

I don't yet know much about Sarah McCarthy's qualification for this office, other than what can be found on her campaign webpage, which deserves kudos for being bilingual. She has IT expertise, has been active in civic affairs, and has a background of involvement with the eminently respectable League of Women Voters. She currently leads a small non-profit organization and has a long history of responsible public sector and non-profit experience.

Of the two, Johnson has the more directly relevant government experience and the stronger campaign, so, at least in the first round, I will be voting for her. I believe that voting for Johnson is the best way to increase the likelihood that neither Downey nor Werther get the job. If both Johnson and McCarthy both make it into the final round, I can look more closely at the two to evaluate each of them on the merits, as I believe that either could probably do the job competently. But, for now, the most important priority is to prevent a runoff between Downey and Werther, and I believe that Johnson is more likely to succeed in doing this than McCarthy.
READ MORE - Denver Clerk and Recorder Election Just Got Easier

Senin, 11 April 2011

Compromise Happened

Somehow, despite divided control of both the Colorado General Assembly and Congress, both Colorado and the Congress managed to approve budgets this month. This is what usually happens, even in times of divided government. It doesn't happen without fail. There have been a number of government shutdowns, although the longest one at the federal government level was twenty days, and most haven't been longer than a day or two.

The process does nothing to guarantee that a compromise is reached. No majority can single handedly impose its will. But, time and time again, deals are struck. Much of the time, government is not divided and the deals aren't so difficult to secure. But, even in the time periods when government is divided, there is usually a deal.

Most business deals work on the same basis as budget deals. Everything is decided on a quite short scale, or nothing is decided. Juries likewise resolve disagreements by consensus. Miraculously, when the choice is no deal, no budget, no verdict . . . most of the time deals are secured. There are frequently compromises, but deals are secured.

Courts determine the status quo in the absence of a deal. Most of the time, there is a sensible or at least workable alternative if a deal on legislation falls apart. If there is a deadlock in a redistricting matter, usually courts will intervene and draw a map themselves. But, this rarely happens with the budget. If no deal is reached, the money will not be spent. The budget is "must pass" legislation. Sometimes there are compromises for "essential services" if the rest of the government is shut down. But, those are usually handled outside the courts.

A functioning government that spends money on government services, when push comes to shove, is a better outcome than one that does not function.

Federalism lowers the stakes. One of the key benefits of federalism is that even in a system that sometimes produces government shutdowns from political impasses, the entire government isn't affected at once. Only a few states in any given year will reach an impass on their budgets, and they won't do so all at once. Local governments are not directly shut down by impasses at the state level. Federal government shutdowns still leave the state and local governments that employ the vast majority of government employees, any agencies whose appropriations bills managed to pass before there was an impass, and self-funding agencies like the postal service in business.

I'm a pessimist on this score. I worry about system failure. I worry about a prolonged failure to the political system to meet its basic responsibilities. We haven't had serious steps across that line in the United States. But, in other countries there have been long periods, many months or even years, of deadlock. The labor-management equivalent - a long strike or lockout due to failure to reach a deal - used to be much more common. Usually, those dire worst case scenarios don't happen. But, it takes more than Civics 101 and Constitutional law to explain what goes on when these miraculous agreements happen. A shallow analysis of the rules of our political system can't easily explain why negotiations break down so much less often than one might expect that they would, what is different about the times when they do break down, why the breakdowns are more or less intractable in different situations, and as a result, also can't explain how fundamentally stable our system of government that depends upon partisans who disagree compromisings in unspecified ways is within a coherent theoretical context. We have a good track record of compromise so far, but why?
READ MORE - Compromise Happened

Jumat, 08 April 2011

Suthers Indicts Doug Bruce For Failing To File Taxes

Colorado's best known anti-tax activist, Doug Bruce, has been indicted for failing to file taxes by the state attorney general's office. Colorado's attorney general, John Suthers, is a Republican.

If convicted of the charges, Bruce could face up to six years in prison and a $500,000 fine.

Colorado Springs police officers arrested Bruce Friday at a post office in Colorado Springs. He was booked on a $10,000 bond into the El Paso County Jail, where he remains.

It couldn't happen to a more deserving defendant. Some of the evidence regarding his tax fraud was developed in connection with his failure to comply with subpeonas regarding a ballot initiative (taht were ultimately defeated) which he supported in contributions that were not reported on campaign finance form in 2010. He filed a false tax return alleging that he had zero income in 2005 and filed no return despite earning considerable income that was funnelled into a non-profit organization that he used for his personal benefit in 2006 and 2007. The amount of income not reported was in the hundreds of thousands of dollars.

Doug Bruce is famous for getting TABOR (the taxpayer' bill of rights) into the state constitution, leading to serious problems with the fiscal viability of the State of Colorado during recesions.
READ MORE - Suthers Indicts Doug Bruce For Failing To File Taxes

Selasa, 05 April 2011

Crisanta Duran Disappoints

A gutless, self-defeating and bitterly disappointing vote by Democratic State Representative Crisanta Duran, in the proud tradition of Colorado Governor Ritter's most self-defeating moments, permitted the weak legal arguments of Colorado's Republican Attorney General Suthers, that she as a lawyer should have known better than to take seriously, to derail justice for 48 juveniles serving life without possibility of parole sentences in Colorado (authorized by statute only from 1991 to 2006), once again. 

Duran's unwillingness to take responsibility for the consequences of her own actions and to claim that she "hasn't given up on" them is particularly disgusting.

Under HB1287, the juveniles convicted during that time would be eligible for parole after serving 40 calendar years.

The judiciary committee killed HB1287 on a 6-5 vote, despite its bipartisan sponsorship by two members of the committee, Reps. Claire Levy, D-Boulder, and B.J. Nikkel, R-Loveland.
The bill’s sponsorship all but guaranteed its passage out of the committee if the vote had broken down along party lines. But Rep. Crisanta Duran, D-Denver, voted with Republicans to spike it.
She cited questions about its constitutionality raised by the attorney general’s office.
“I’m not going to give up on those 48 offenders,” said Duran, a lawyer. “The reason why I voted against the bill is because I think there needs to be work done to reach out to all of the stakeholders and have a less divisive process.”
She also would like to see a ruling from the Supreme Court on whether the Legislature has the authority to change sentences retroactively, or whether that would represent overstepping the General Assembly’s authority and encroaching on the governor’s right to commute sentences.


From the Pueblo Chieftan, via Thinking Outside the Cage.

Updated on 4-6-2011 to correct the spelling of Duran's first name.
READ MORE - Crisanta Duran Disappoints

Colorado Secures State Budget Deal

Colorado lawmakers – in both houses – appear to have reached a tentative agreement on the state budget[.]


Via Tim Hoover's blog at the Denver Post.


GOP Wins:

Restores "tax exemptions for certain agricultural products and for downloaded software."  The bull semen and other ag products exemption costs Colorado $3.7 million  The downloaded software exemption could have been worth $24 million (a disputed amount).


Democratic Win:

No local control over PERA contributions.

Hick Win:

The deal will maintain "a general fund reserve of 4 percent, keep at least $100 million in the State Education Fund[.]"

Compromises:

There will be a K-12 cut of $250 million not $332 million.  This is about $377 per kid instead of $500 per kid.  This works out to about $150K from the local elementary school that my son attends, and about $300K from my daughter's middle school.  Thus, each school will probably have to make some painful staffing cuts.  Don't ask me how the K-12 cut is constitutional, I don't understand myself although I have some hunches that aren't worth stating given my lack of confidence in them.

The deal will "transfer about $71 million in severance tax funds to help balance the general fund budget."

"The deal would allow retailers to keep 2.2 percent of the taxes collected instead of the [scheduled] full 3.3 percent [which was suspended during the recession], allowing the state to keep $20 million that otherwise would have gone to businesses."

Caveat:

This summary omits that ugly cuts that everyone agreed upon as necessary before negotiations began, and there are many.

No ballot issues to raise more revenues will be requested by the legislature in 2011, and many of the citizen initiatives to do so have been canned based upon poor opinion polling.  It isn't clear what happens if revenues turn out to be better than expected, as a recent state forecast suggested, or if the budget reflects the revised revenue estimates.
READ MORE - Colorado Secures State Budget Deal

Jumat, 11 Maret 2011

Friday News Dump

In Colorado

* Colorado's unemployment rate in February, of 9.1%, is the highest the state has experienced since the Great Depression and above the national rate of 8.9%. The oil bust of the early 1980s brought the rate to its previous peak of 8.8%. Also, unemployment estimates for Colorado over the last couple of years turn out to have been greatly understated, since the census revealed that the population figures used in making the original unemployment predictions were too low in high unemployment areas. Colorado's record lowest unemployment, since 1976, was at the turn of the millenium when it dropped to a little under 3%.

State officials have blamed migration to Colorado and the decision of many people who have given up looking for work to return to the workforce. Still, the fact that unemployment is climbing, rather than falling, long after the "recovery" in GDP terms has been underway, is discouraging. Unemployment is alawys a lagging indicator, but the employment situation has been worse and longer lived in the current employment recession than any since the Great Depression.

* Despite an immense state budget deficit, House Republicans in Colorado are still proposing large new tax cuts, in excess of $60 million.

* Colorado's proposed state budget will include more cuts to the Fort Logan psychiatric hospital, continuing a trend of decreasing mental health hospital capacity. The current cuts would close a juvenile ward that current houses an average of a dozen inpatients. The Joint Budget Committee argues that private facilities in the state offer the same services at a lower price and can handle another dozen patients.

In Other State Legislatures

* Both houses of Wisconsin's state legislature has passed a bill ending collective bargaining for public sector workers in Wisconsin's state and local governments. Republican Governor Walker has promised to sign the bill, which he championed. Naturally, the bill received voted only from Republicans, and a few Republicans broke ranks to join with Democrats in opposing it. Protests continue in Madison, with farmers set to encicle the state capitol with tractors next. Public opinion in Wisconsin has shifted decisively away from the Republicans and towards President Obama and the public employees unions in Wisconsin as a result of the union fight. Recall efforts are underway targeting a number of legislative anti-union Republicans, although it isn't clear if these will make the ballot or have a realistic chance at succeeding. Similar efforts are making progress in other Republican controlled states.

* The Governor of Illinois signed a bill abolishing the death penalty in that state, appropriating the funds that would have been used for death penalty litigation to a trust for murder victims, and pardoned the fifteen people on death row there. Illinois is the 16th state in the United States to abolish the death penalty.

* Kentucky has joined the list of states addressing state budget shortfalls with sentencing reforms, particularly with milder sentences for non-violent drug users.

Kentucky . . . became the latest to make the shift when Gov. Steve Beshear signed into law a measure increasing spending on rehabilitation programs and intensive drug testing. The law also reduces penalties for many drug offenses and may allow some traffickers and users of smaller amounts of drugs to avoid prison.

Delaware, Florida, Indiana, Massachusetts and Pennsylvania are among those that have pending bills to reduce penalties for drug offenders, in some cases by directing defendants into treatment programs. Similar laws have taken effect in South Carolina, Colorado and New York in recent years. States have maintained stiff penalties for more-serious drug crimes.

While the changes are part of broader belt-tightening efforts, they also reflect a growing belief among state lawmakers that prosecuting drug offenders aggressively often fails to treat their underlying addiction problems and can result in offenders cycling in and out of prisons for years — a critique long voiced by groups that advocate in favor of defendants' rights. . .

The state measures mark a sharp retreat from the war on drugs, which gathered steam in the 1980s and '90s with mandatory-minimum and three-strikes prison sentences that resulted in some drug offenders being locked up for decades. Drug arrests nationwide climbed from about 580,000 in 1980 to about 1.6 million in 2009, according to the Federal Bureau of Investigation.

Although some states started rethinking drug punishment before the recession, many more states have come on board in the past two years. In 2007, Texas began shifting more drug offenders away from prison, which helped hold down the inmate population. The changes cost $241 million, less than half what the state anticipated it would have spent to build three new prisons.


* Ohio's criminal sentencing commission has released a new report on the causes of that state's prison overcrowding problem. According to the report, "recent growth in Ohio’s prison population — even with mandatory sentences and scores of bills that increase penalties for particular offenses — is not driven primarily by intake (although it is a factor). It’s largely fueled by increases in inmates’ average length-of-stay."

* Connecticut voters in a survey favored the decriminalization of marijuana (79% favor medical marijuana and 65% favor decriminalization), legalizing Sunday liquor sales (65%), and reinstating the death penalty (68% up from 59% in 2005 after a high profile murder). But, majorities there don't favor allowing grocery stores to sell wine or liquor. Connecticut currently has a death penalty but its legislature is considering repealing it.

* Connecticut last year joined a list of states that automatically treat some teens under the age of eighteen as adults in the criminal justice process; New Hampshire changed its law in 2008. Similar proposals are pending in Massachusetts, Wisconsin, and North Carolina. The only other state that automatically tries some teens under the age of eighteen as adults is New York State. Budget savings and increased sensitivity to the distinctiveness of juvenile offenders has prompted the changes. For example, a recent study found that:

[I]nmates in adult facilities (surprisingly) give better reports than youth in juvenile facilities on several measures (including criminal activity and victimization), they also fare much worse on other measures. Importantly, the inmates in adult facilities report substantially and significantly greater rates of PTSD and mental illness symptoms, and are much more likely to be afraid for their safety, compared to those in juvenile facilities.


Colorado never had a law that automatically tried older teens under the age of eighteen as adults, but did give prosecutors the authority to directly file many serious criminal charges against older juveniles as adults without court approval; that authority was recently narrowed by Colorado's General Assembly.

* California is building a new death row prison at a projected cost of $356 million, as a partial response to federal prison overcrowding litigation in the state, in which inmates have been successful on the merits, but not seen many results.

California has 713 inmates awaiting execution. . . . By comparison, Florida ranked second, with 398, and Texas was third at 337. . . About 700 condemned men are confined at San Quentin, north of San Francisco, in facilities built to hold 554, according to the Corrections Department’s website. (Nineteen women face execution and are held in Chowchilla, a prison in the Central Valley.) On average, the men are likely to spend 17 years in the aging cell blocks, according to the prison system. . . . Since 1978, when California reinstated capital punishment, 53 condemned inmates have died from natural causes while on death row. Eighteen committed suicide and 13 were executed. Six died from other causes.


Other Domestic News

* Long Island Republican Congressman King has launched hearings in the House Homeland Security Committee into the radicalization of Islam, over objections that this amounts of a McCarthyistic inquiry that is singling out a single religion that may incite further terrorist sentiment against the United States.

* In Skinner v. Switzer, the U.S. Surpeme Court found, in a narrow 6-3 decision, that a Section 1983 civil rights suit by a death row inmate (as opposed to a habeas corpus suit) was not procedurally barred by prison litigation reform statutes. The inmate challenged an interpretation of a Texas law that prevented him from securing post-conviction access to DNA evidence in his muder case that might implicate another suspect (now dead). The court ruled in his favor because DNA testing itself does not necessarily lead to the setting aside of his conviction, as it could show that he is guilty or be inconclusive (and hence is not duplicative of habeas corpus relief), and does not violate the Rooker-Feldman doctrine because while a "state-court decision is not reviewable by lower federal courts . . . a statute or rule governing the decision may be challenged in a federal action"). The ruling also provided yet another case where heightened pleading standards in federal civil litigation were held not to bar a straightforward lawsuit brought by a prisoner.

* Excessive federal child pornography laws continue to produce absurd results:

In the spring and summer of 2006, Eric Rinehart, at the time a 34-year-old police officer in the small town of Middletown, Indiana, began consensual sexual relationships with two young women, ages 16 and 17. One of the women had contacted Rinehart through his MySpace page. He had known the other one, the daughter of a man who was involved in training police officers, for most of her life. Rinehart was going through a divorce at the time. The relationships came to the attention of local authorities, and then federal authorities, when one of the girls mentioned it to a guidance counselor. Whatever you might think of Rinehart's judgment or ethics, his relationships with the girls weren't illegal. The age of consent in Indiana is 16. . . . Rinehart got into legal trouble because one of the girls mentioned to him that she had posed for sexually provocative photos for a previous boyfriend and offered to do the same for Rinehart. Rinehart lent her his camera, which she returned with the promised photos. Rinehart and both girls then took additional photos and at least one video, which he downloaded to his computer.

In 2007 Rinehart was convicted on two federal charges of producing child pornography. U.S. District Court Judge David Hamilton, who now serves on the U.S. Court of Appeals for the 7th Circuit, reluctantly sentenced Rinehart to 15 years in prison. Thanks to mandatory minimum sentences, Hamilton wrote, his hands were tied. There is no parole in the federal prison system. So barring an unlikely grant of clemency from the president, Rinehart, who is serving his time at a medium-security prison in Pennsylvania, will have to complete at least 85 percent of his term (assuming time off for good behavior), or nearly 13 years.


* An NPR executive resigned after remarking in a secretly recorded conversation that the Tea Party was full of racists, despite the fact that this is true.

* Oil prices are rising on Mideast turmoil.

* Blockbuster, the dominant player in the storefront video rental market, reached an agreement with its creditors to be auctioned as a business to the highest bidder, rather than having its assets liquidated. Netflix, video on demand, and kiosk video rentals have destroyed its profitability. The chain, which grew dramatically through acquisition of competitors, also probably simply had too many stores for the market's demand and hasn't been able to shutter them fast enough. For example, in Denver at 6th Avenue and Grant Street, it once had two stores less than a block apart - both are now shuttered.

* Department store H&M has decided to open up stores in greater Denver, with the Saks location at the Cherry Creek Mall which is closing likely to be one of them.

Abroad

* Japan has had two major earthquakes in the last week. One was magnitude 7.2 on the Richter scale, and the last night there was an 8.8 magnitude quake that also gave rise to a Tsunami that reached as far as Hawaiii this morning and will be experienced as far off as Peru. The first Japanese quake produced only minimal damage. The current one killed about a hundred people and led to considerable property damage in a few industrial areas mostly from the tsunami waves rather than the earthquake itself. Similar magnitude earthquakes in Iran, Indonesia and Haiti have produced massive loss of life and long term devistation, but Japan's earthquake conscious building codes and better prepared people prevented the damage from being greater. A smaller earthquake in China this weak produced loss of life and property damage comparable to that experienced by last night's massive quake.

* Civil war continues to rage in Libya and France has recognized the rebels as the legitimate government of the country; NATO nations remain reluctant to intervene militarily there. Egyptians will vote on amendments to military proposed amendments its constitution this month to prepare for prompt democratic elections that will transfer power from a military council to civilians. Protestors in Jordan have complained that a new prime minister is stalling on proposals for political reforms, using the fact that the country's 32 political parties are too fragmented to produce quality elections; the main democratic reform that has been demanded is to shift control of the executive branch from the king to a prime minster selected by parliament. Police in a predominantly Shi'ite part of Saudi Arabia shot five protestors at a small demonstration; protests in the absolute monarchy have been muted compared to elsewhere in the region - in part because Saudi Arabia is more repressive and in part because the current Saudi King is popular with majority Sunnis in the country.

* The Daili Lama in Tibet proposed on the anniversary of the day of Tibet's failed 1959 bid to free itself from China, to transfer political power of the government in exile to elected leaders, leaving himself and his successors as spiritual leaders only. Proposed succession to his position is currently unclear as he has also proposed reforms to the traditional approach rooted in the notion that he is reincarnated. China remains officially outraged at any talk of Tibetan independence, or the notion that Taiwan is not part of China. China is also cracking down in an effort to prevent the Jasmine revolution of the Middle East from spreading to it.

Medicine

* A drug to prevent the spread of M.S. has worked in a mouse model. A mouse model of a drug to treat Alzheimer's disease and damage from minor strokes in the brain has also been successful. A new drug to treat lupus has come on the market. Progress has been made in developing a new class of anti-malaria drugs based on a chemotherapy drug.
READ MORE - Friday News Dump

Selasa, 01 Maret 2011

Health Insurers: Co-ops Too Awesome For Colorado

Usually, the argument for having the private for profit sector of the economy do something is that it lowers costs and is more efficient.

But, that isn't the argument that opponents of a plan to established a health care cooperative (i.e. a patient owned health insurance company) have made to Colorado's General Assembly in response to Senate Bill 168 which calls for establishing a commission to present the co-op proposal to voters in 2013.

According the today's Denver Daily News, "State Senator Shawn Mitchell, R-Broomfield, acknowledged that the plan itself does not create single-payer system in Colorado," but, he believes that it is likely that a co-op would expand and drive private carriers out of the market, becoming a single-payer or predominant payer in the state.

In other words, Mitchell believes that a co-op would provide a better deal to Colorado health care consumers that they would choose over the status quo of private health insurance companies.

Mark Reese, a spokesman for the Colorado Association of Health Plans, said as many of 20,000 people employed by the private health care insurance industry in Colorado would lose their jobs as a result of a universal cooperative.


Translation: Health insurance companies are so wildly inefficient that a health insurance cooperative could do the same job with 20,000 fewer people.

As Senator Mitchell notes, this would not be a single payer health care plan like they have in Canada:

Senate Bill 168 would create a board of health care and policy experts [funded with $1.2 million of private donations] to develop details for implementing a health care cooperative that would include all Coloradoans as members. . . .

Coloradoans would be allowed to kept their primary insurance provide and instead use the cooperative as a supplemental policy.

Coloradoans would also be allowed to choose medical provider that is not part of the system. In those cases, patients would be required to pay the gap between the cooperative's reimbursement and the provider's charges.


The status quo indicates that there is considerable truth to the argument of cooperative opponents that government can manage health insurance claims with fewer employees than health insurance companies do. The Medicaid program in Colorado, for example, processes all of its claims in the state for its 553,800 beneficiaries with fewer than 900 employees.

Co-operatives are alternatives to anti-trust regulation and government owned enterprises that rely on the say members have in how the co-operative is run to keep them working in the member's best interests.

If a health care co-operative will, as opponents claim, provide health care at a lower cost than health insurance companies do, by providing health care with 20,000 fewer health insurance company employees whose wasteful paperwork is driving up the cost of health care in Colorado, then I am all for it.

The last time I checked, the objective of Republicans and Democrats alike was to reduce health care costs and cut waste in the health insurance industry without making unnecessary cuts in the health care that was provided. Indeed, the Republican critics of health care reform in Congress specifically made a point of criticising health care reform's failure to include enough of a focus on cost savings.

One doesn't have to be a died in wool ideological supporter of co-operatives for co-operatives sake to say that co-operatives are a good option when consumers choose them the buy services also offered by investor owned corporations in circumstances where co-operatives provide lower prices through more efficient operations.

It isn't as if Republicans in Colorado as a whole have some deep ideological opposition to co-operatives as a form of business organization in any case. In rural Colorado, co-operatives are the primary way people get electricity, receive their telephone service, buy their farm supplies, store their grain, sell their crops, and buy their water. In Denver, Republicans make up a disproportionate share of people who send their children to pre-school through co-operatives, and many people in Colorado already get life insurance, disability insurance and casualty insurance from mutual insurance companies (which is just another name for a consumer's co-operative) like Northwestern Mutual or Amica. A citizen owned football team won the Superbowl this year. Almost every law firm, accounting firm and medical practice in the state is organized as an employee owned enterprise.

None of this changes how health care providers are organized. From their perspective, a health care co-operative is just one more health insurance company to deal with in the billing process - a big one, according to opponents, but not an organization that is actually providing medical services directly to patients.
READ MORE - Health Insurers: Co-ops Too Awesome For Colorado

Rabu, 23 Februari 2011

Obama Concedes DOMA is Unconstitutional

Learning a lesson from the decision of California's leaders in the Prop 8 litigation, where the state refused to appeal a trial court finding that Prop 8 was unconstitutional (the standing of the ballot measure proponents to appeal in that case has been certified to the California Supreme Court), President Obama has directed the Department of Justice to stop defending the constitutionality of Section 3 of the Defense of Marriage Act. The Justice Department has said:

The Attorney General made the following statement today about the Department’s course of action in two lawsuits, Pedersen v. OPM and Windsor v. United States, challenging Section 3 of the Defense of Marriage Act (DOMA), which defines marriage for federal purposes as only between a man and a woman: . . . The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. . . . [T]he Department will not defend the constitutionality of Section 3 of DOMA as applied to same-sex married couples in the two cases filed in the Second Circuit. We will, however, remain parties to the cases and continue to represent the interests of the United States throughout the litigation. I have informed Members of Congress of this decision, so Members who wish to defend the statute may pursue that option. The Department will also work closely with the courts to ensure that Congress has a full and fair opportunity to participate in pending litigation.

Furthermore, pursuant to the President ’ s instructions, and upon further notification to Congress, I will instruct Department attorneys to advise courts in other pending DOMA litigation of the President's and my conclusions that a heightened standard should apply, that Section 3 is unconstitutional under that standard and that the Department will cease defense of Section 3. . . .

Section 3 of DOMA will continue to remain in effect unless Congress repeals it or there is a final judicial finding that strikes it down, and the President has informed me that the Executive Branch will continue to enforce the law. But while both the wisdom and the legality of Section 3 of DOMA will continue to be the subject of both extensive litigation and public debate, this Administration will no longer assert its constitutionality in court.


Colorado's Attorney General, John Suthers, has filed an amicus brief arguing that the Courts should uphold the constitutionality of Section 3 of the Defense of Marriage Act, despite the fact that it does not directly impact state law, over the outraged protests of supporters of gay rights in Colorado.

Section 3 of the Defense of Marriage Act states that the federal government, when applying federal law, shall disregard legal state law marriages that are not between one man and one woman.

The key parts of the Defense of Marriage Act state that:

Section 2. Powers reserved to the states:

No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.

Section 3. Definition of "marriage" and "spouse":

In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word "marriage" means only a legal union between one man and one woman as husband and wife, and the word "spouse" refers only to a person of the opposite sex who is a husband or a wife.


The decision does not by itself affect Section 2 of the Defense of Marriage Act which provides that the full faith and credit clause of the United States Constitution does not extend to same sex marriages. Thus, state, local, territorial and Indian tribe governments are not federally required to honor same sex marriages that are valid in other states.

Will President Obama's Position Be Sustained In the Courts?

President Obama's decision is likely to stick. Generally, the only parties with standing to participate in a case where a same sex couple alleges that their rights have been violated by Section 3 of DOMA are the federal government and the couple(s) bringing the lawsuit. The U.S. Supreme Court, particularly in recent years, has construed taxpayer standing (alleging the federal funds are used for an unconstitutional purpose) and citizen standing (alleging that the federal government is acting unconstitutionally) very narrowly.

I'll have to look later at the standing of members of Congress to speak for the federal government in litigation or intervene in lawsuits attacking the constitutionality of a statute. The general rule is that the Justice Department is the sole representative of the U.S. position. But, federal courts have the authority, although not necessarily the obligation, to appoint a lawyer to argue for a position like that constitutionality of a law or the rights of pro se parties, that is not represented by a party in court.

To speak for Congress, per se, or even one house of Congress, would ordinarily require the passage of a resolution by Congress or at least a house of Congress. But, members of Congress who sponsored or voted for legislation might be viewed by a court as suitable intervenors to argue to a court for a position that no party to the suit is willing to advance.

An IRS ruling last year holding that domestic partners in California were entiteld to split income for federal income tax purposes due to community property principles foreshadowed the changing position of the Obama administration on this issue.

Consequences

From a practical perspective, some of the main consequences of the decision are that gay married couples can file tax returns with married filing jointly status (and receive all of the benefits of married couples for estate taxation purposes), that same sex married couples qualify for federal immigration law treatment of spouses, and that same sex married couples can receive Social Security survivors benefits and spousal Veteran's benefits. The Veteran's benefits issue looms large now that Congress has repealed the "Don't Ask, Don't Tell" law.

Also, while not quite spelled out by this ruling, the implication seems to be that a same sex couple that is legally married in any state will thereafter be treated as married by the federal government, even if the state in which they live does not recognize same sex marriage. Since some states do recognize same sex marriage (and allow non-residents to be married in their state), that means that same sex couples that go to those states to be married and then return to their home states can receive all of the federal government benefits of marriage.

In addition to undermining the efforts of state governments to deny federal benefits of marriage to same sex couples in their own states, the determination also increases the stakes in the civil union v. gay marriage debate in the states. Until now, this has been a strictly symbolic debate. A civil union bill (SB 11-172) that creates as the legal rights and responsibilities of marriage under state law, but doesn't call it marriage (such as one pending in the Colorado General Assembly right now) would not constitute marriage under federal law, while one that calls the relationship marriage would have that effect.

Thus, states are left with multiple options including: (1) disallow both civil unions and same sex marriages, but acknowledge that couples with legal sex sex marriages from other states may receive federal treatment as married, (2) allow civil unions but not same sex marriage, which gives copules state law marriage rights but denies couples federal treatment as married until they get legally married in another state, or (3) allow same sex marriage.

Also, while Section 2 of DOMA does not require states to recognize same sex marriages from other states, it also does not prohibit them from doing so out of comity. In many states, the issue of when comity should recognize other state's legal acts when the full faith and credit clause of the United States Constitution does not require it has been left to the courts rather than being made a subject of legislation. Thus, judges could choose, influenced but not bound by the Section 3 of DOMA interpretation, to honor out of state same sex marriage even though the constitution and federal law do not require them to do so.

Civil unions have been a sensible legislative objective for same sex couples in many states, like Colorado, where the state constitution has been amended to prohibit same sex marriage, but not more broadly to prohibit civil unions or domestic partnerships of same sex couples as well. But, there will be increasing pressure to actually call this marriage legislatively, and as courts evaluate the issue.
READ MORE - Obama Concedes DOMA is Unconstitutional

Selasa, 15 Februari 2011

Hick's Budget

Governor Hickenlooper has released his first state budget proposal. Some notable points:

* "Sixty-three percent of this budget is handled by less than 900 [state] employees." (For example K-12 and Medicaid.)

* K-12 is cut $375 million through $257 million in reduced general fund support and a decision not to backfill $117 million of local funding declines due to falling property values. The impact is $497 per student. It isn't clear what loophole in school finance laws in Colorado, which generally mandate no K-12 categorial spending cuts, is involved to authorize this step. It may be that there is a negative inflation adjustment and that some K-12 education funding is not "categorial."

* State funding of higher ed is reduced by $36 million from $555 million to $519 million. Higher education is also losing $89 million of federal stimulus funds for a total cut of $125 million, which is $877 per college student.

* Closing Fort Lyon Correctional Facility with 485 elderly prisoners who will be relocated that cuts 149 jobs and $3 million a year.

* Closing Closing Bonny Lake State Park near Burlington, Sweitzer Lake State Park near Delta, Harvey Gap State Park near Rifle and Paonia State Park near Paonia.

* The budget increases payroll deductions for PERA (public employees retirement) by 2.5 percentage points of take home pay saving $15.7 million on top of prior COLA-less years with prior increases in PERA contributions. Furloughs, which saved little general fund money, will not be repeated this year.

* Other general fund cuts of $376 million and 114 jobs are made.

* $42.3 million in revenues and cash fund transfers are used.

Colorado is in a very hard spot, with a $1 billion shortfall in a $7 billion general fund budget. It isn't even obvious that this round of cuts is big enough to balance the budget and this is on top of multiple rounds of past deep budget cuts in the Great Recession.

TABOR limits the availablity of tax increases to make up the shortfall without a vote of the people which is always too late for the current year's budget.

Much of state government is financed with users fees or other dedictated funds so cuts to those programs don't solve the state's general fund deficit.

Prison sentences already imposed make it hard to cut the corrections budget in the short term.

Medicaid already pays providers considerably less than market rates or the cost of the services provided and Medicaid beneficiaries have great difficulty finding providers willing to take new patients.

Colorado's funding for both K-12 and higher education is very near the bottom nationally. The state constitution puts limits on K-12 education cuts.

Medicaid, higher education, K-12 education and the corrections budget are the dominant components of the state general fund budget.
READ MORE - Hick's Budget

Senin, 07 Februari 2011

Education and Unemployment

Is Cyclical Unemployment Mostly A Function Of An Underskilled Work Force?

It is widely known and irrefutable that unemployment is higher among those who have less education. Does it follow that an insufficiently educated rank and file labor force is an important cause of unemployment rates overall? I'm not sure that this follows.

The vexing point is education is to a great extent a way for employers in the economy to sort the workforce. Often, an employer will prefer an employee with more education, on the grounds that it is an indicator of greater general purpose workplace fitness, even when nothing learned during the course of that education is relevant to the job.

To the extent that education is used by employers, on average, as a sorting tool, we expect education to reduce unemployment simply because employers in an employer's market will prefer to hire more educated workers and the lay off less educated workers.

If formal education was the secret to employment, one would expect low education immigrant populations to have the highest unemployment rates, but that isn't the case. The highest unemployment rates are found in native born people with poor educations, not immigrant populations where the relationship between the kind of people sorted into reasonable levels of education in the U.S. and the education levels obtained in their home countries are quite different.

Also, the way that unemployment is defined masks a related problem in more educated workers, which is underemployment. For example, large law firms laid off about 12,000 lawyers in 2009, all of whom had graduate educations and many of whom had spent years on the job developing sophisticated specialty practices. When the market no longer needed lawyers, many of these laid off lawyers would still be able to carry out white collar jobs - perhaps as video store assistant managers, or self-employed divorce lawyers with small case loads, or substitute teachers, and others might decide that this is the time for them to leave the workforce and get more education or have children. But, a measure that looks only at unemployment would greatly understate the economic impact of the lawyer layoffs on lawyers and conclude based upon the low unemployment rates for lawyers that a legal education was somethign that the economy greatly valued in 2009.

While there are some "unemployable" people in the economy, this isn't what is going on when the nation experiences high levels of unemployment in the ordinary course of the business cycle. The vast majority of the people who are unemployed on the day that I write this post (when the unemployment rate nationally is about 9%), have been gainfully employed in a functional way within the last three years, or have been functional participants in educational institutions within the last three years. They don't have jobs not because they are incapable of doing jobs, but because their efforts at their old jobs, while competent, were being directed towards doing things that the economy didn't need, like building more houses in Florida and California and Nevada and providing for the economic needs of people who were doing so. The people who are unemployed during a period of business cycle driven high unemployment are more functional and more skilled unemployed people than those in any other part of the business cycle.

Job Creation As A Function Of Elite Skill Sets

While at the individual level, education of the rank and file workforce is an asset, at the macroeconomic level, it may be that the group whose education matters most is not the education of the ordinary worker, but the education of the economy's elites.

The idea is motivated mostly by two things.

First, my view that unemployment is fundamentally a failure of entrapreneurship. It happens when there is a shortage of executed ideas to find worthwhile things for idle workers to do. The vast majority of the labor force isn't in the business of creating jobs, it is in the business of doing jobs. But, an entrapreneurial elite does create jobs and unemployment is a product of their failure to meet the challenges they face at a certain moment in the economy. Unemployment is about a failure to mobilize ideal resources. There is not a fixed number of jobs in the economy, and there are very few people whose talents can't be put to productive use.

The problem is not that they were doing a poor job at their old jobs, or that they are unqualified to do whatever new job might be created in the near future, but that an entrapreneurial elite has failed to figure out profitable things for them to do.

Car companies don't lose market share and have to lay off the employees whose jobs are lost because of declining market share (as opposed to offshoring) because the employees have collectively done a bad job of building cars. They lose market share because the design engineers, quality control engineers, marketing campaign managers, and senior executives in the company have failed to do their jobs as well as their counterparts in competing firms. When American automobile companies lay off workers and shutter factories at the same time that foreign automobile companies are hiring workers and opening factories in the United States, it is poor leadership by elites in the American automobile companies that is killing the jobs, not an uneducated workforce or excessive regulation or anything else of the kind.

Unemployment happens because the lassiez faire economy has become disorganized.

Second, it is motivated mostly by anecdotal evidence. Good management, leadership even, and a clear vision of how some job creating or economy enhancing institution is works, can have immense effects. Some of the examples that come to mind follow.

* Consider, Tumaini University. It is a private college in Tanzania sponsored by the Lutheran Church (the first private college in Tanzania), which some of my relatives played a significant part in establishing. The lay missionaries that helped build this institution that educates thousands of Tanzanians and employs many people received some outside funding, but the real asset that the church brought to the project was leadership, organization and expertise. Students made their own bricks and helped build college buildings with their own hands (something not so different from the early days of my alma mater, Oberlin College, when it earned its "Learning and Labor" motto starting in the 1830s). Vibrant local congregations provided a great deal of the resources of money and labor to make it work. But, those resources couldn't be put to work until someone who knew how a private university was supposed to work and knew what was involved in managing a long, complex project through all the steps necessary to get from here to there, knew when outside guidance was needed and where to get it, and knew how to establish an organizational culture that was free of corruption in the university's administration came along to guide and crystalize those resources into a large and worthwhile undertaking. A very small number of individuals with those talents and a very modest amount of funding and materials, made possible a big project that will educated large numbers of people for decades or centuries and create countless jobs, both directly, and indirectly through jobs created by graduates who will learn both skills in the classroom, and will absorb through osmosis the way a large bureacratic private entity that runs smoothly works.

* Consider the Port of Haiti when it was run for a brief period by outside American contractors (probably Halliburton, but I could be mistaken). All the rank and file employees were the same. But, a very small managerial group who knew how to do that job and were free of the institutional culture of corruption that had reigned before they arrived dramatically increased the productivity and efficiency of the Port.

* I've seen the exceptional talents that entrapreneurs whom I've represented who take an idea from start up businesses to medium sized ventures that employ a dozen or more people exhibit. While something on the order of sixteen million people, about one in six members of the labor force, are self-employed, the percentage of those people who every managed to establish or run medium to large sized businesses that employ lots of people is very small. The vast majority of self-employed people employ only themselves and perhaps a few other people.

* Consider job creation in immigrant communities, where someone in a first wave of early immigrants develop a business model, perhaps Chinese restaurants or laundries, perhaps Mexican subcontracting firms, perhaps Korean wig shops, that works and then later waves of immigrants follow that model and create large numbers of jobs from the clear vision of how to make it work created by the founder. This isn't restricted to immigrant communities of course. For example, the California style burrito vendor and the expresso shop have both been widely imitated by others who created many jobs in the process.

* Consider the economic collapse that followed fast track land reform in Zimbabwe, because the newly installed farmers didn't know enough about how to carry on the agribusinesses that had previously been run by mostly white plantation style farmers:

Before 2000 land-owning farmers, mostly white, had large tracts of land and utilized economies of scale to raise capital, borrow money when necessary, and purchase modern mechanized farm equipment to increase productivity on their land. As the primary beneficiaries of the land reform were members of the Government and their families, despite the fact that most had no experience in running a farm, the drop in total farm output has been tremendous and has even produced starvation and famine, according to aid agencies. Mostly crops for export have suffered severely, e.g. Zimbabwe was the world's 6th largest producers of Tobacco in 2001. It produces nowadays less than 1/3 of the amount produced in 2000, the lowest amount in 50 years. Zimbabwe was once so rich in agricultural produce that it was dubbed the "bread basket" of Southern Africa, while it is now struggling to feed its own population. About 45 percent of the population is considered malnourished.


The problem is not that black Zimbabweans can't run productive farms. I would have done no better than any of the beneficiaries of land reform. The problem is that the people who were given land to farm didn't have the skill set at the time to do it. A small managerial elite did have those talents and that knowledge was one component necessary to create a productive agricultural system in Zimbabwe, and removing the elite before a new one had been trained, had led to the collapse of the entire system.

* Consider franchises and branch stores of successful retail and service businesses. Once on person establishes a working business model, many others follow on to implement that proven business model and they in turn hire may people for their local operations.

* One of the persistant tropes of fairy tales and fantasy, because it has a certain residual nugget of truth to it, is of a erstwhile prince or princess down on his or her luck turning a dismal home into a place worth living, or organizing a lot of local people into a mass movement that gets something done. Call it the "community organizing" of President Obama's youth, or pull this concept out of a handbook on how to run a counterinsurgency campaign, the idea is the same. Even "The Lord of the Flies" extols the immense impact of a cohesive group of people who can organize themselves. World War II POW Camp narratives relate the way that the British more swiftly self-organized and became a functioning whole relative to American POWs who had trouble reaching consensus around leadership and authority within their POW community.

* My strong suspicion is that one of the main reasons that the Islamic Empire swept most of the known world around 700 CE so quickly is that the new system it created organized communities that had previously been disorganized, and by doing so, made them more functional. Christianity in Africa, mostly off the radar screen of American journalists, is doing something very similar today.

* One of the classic ways to end employment is to start a war. This works for two reasons. First, it creates a vision with all sorts of worthwhile things that need to be done. Second, it creates an end that is declared by fiat to be worthwhile.

* The habit of fitting workers to worthwhile tasks that the military develops can carry over into peacetime. This habit probably plays a large part in the pivotal role played by militaries in undeveloped economies from Egypt to China in the non-military economy.

* As noted in a biography of Dan Quayle, who made job training legislation his signature issue in Congress before he was tapped to be Vice President, no job training program ever implimented by Congress has worked very well. This makes a great deal of sense if entrapreneurial job creation failures by that elite, rather than a lack of job skills in the labor force, is the main culprit in unemployment.

* This fits the heuristics about idea exchange that are used to explain why economic productivity is exponentially related to urban population scale, and why some communities that are open to new ideas (like Boulder and San Francisco) over perform other communities given their scale. Richard Florida's work on localized economic development leads to similar conclusions. Idea exchange among elites in large, perhaps shallow networks is critical to economic growth. Economic growth happens better in communities where relationship networks look more like Facebook networks and less like tight knit, high social capital villages of the kind identified by Putnam.

* Consider that most of the most obvious things that separate Third World living from life in the developed world are carried out in the United States by non-partisan local government officials according to best practices that are mostly so uncontroversial that they never become a subject of political debate in the United States: good water and sewer services, regular trash collection, paved local roads, traffic laws that are routinely followed, widespread K-12 education, building codes enforced by non-corrupt building inspectors, property and sales taxes that are collected by non-corrupt local officials, police forces that are mostly not engaged in any political conspiracy more grand than to arrest criminals and maintain order. Indeed, real estate developers routinely put together new communities in "virgin territory" on these same principles every day and there are tens of thousand of professional city managers in the country (as well as many amateur local elected officials) who make them run smoothly. Many of the residents of these communities aren't exceptional in any way, and indeed, many of the elected officals charged with running these communities wouldn't know how to run them, but do know that one hires a city manager and that it gets done. The clear vision of the people establishing these municipal services held by a very small elite reproduces a modern functioning version of American society in first world style.

* Governor Hickenlooper, like most Governors interested in economic development, has rightly focused his short term job creation efforts on tapping the skills of highly talented retired or semi-retired corporate managers in Colorado who have created jobs before and know how to do it and are interested in contributing to the economy of their new home state. His intuition is right, because the highly networked, highly skilled people who make connections that other people failed to, in ideas and in people, are the ones who create most jobs. Jobs need boosters and entrapreneurs to be created.

Job creation is the process of finding something worthwhile that people in the labor force can do and then repeating it rapidly until it stops working. The people up come up with those business models create vast numbers of jobs, many of which they will never receive credit for creating. A few good ideas can create thousand or even hundreds of thosuands of jobs.

The skill set involved in creating these jobs is only partially academic. Even business school, either at the undergraduate level or the MBA level, doesn't fully capture what is necessary to be a prolific job creator. It also takes large personal networks, strong people skills, and the mix of skill and good fortune needed to identify ways to monetize worthwhile things that can be done with available labor (I say monetize rather than finance, because borrowing money or raising capital is a distinct issue from development a business model that turns meaningful work into business revenue.) And, more than any of these things, it takes a clear vision of what needs to be done that is true. A clear, valid vision of a way to make an enterprise work is more important than anything else in creating jobs.

Implications

One key implication of a theory of unemployment that focuses on the skill sets of entrapreneurs rather than the skill sets of rank and file workers, is that it dramatically shifts the natural conclusions about what kind of educational efforts are necessary to reduce unemployment. If a failure to perform on the part of elite is the problem, then doing a better job of providing them with what they need to make the economy thrive and create jobs matters more than training for rank and file members of the labor force, particularly those rank and file members of the labor force who were perfectly functional employees before an economic downturn hit.

There may indeed be individual skill gaps, but this is probably a fairly small part of the problem -- functional employees in one job setting can usually work at a job of comparable responsibility in another job setting in a different industry with only modest on the job training. There may be some technical skills that are in short supply, but my sense is that this is rarely the big bottleneck. Often, when there is a shortage of properly licensed and certified workers, the problem is more one of loosening barriers to entry so that people who can actually do the work are allowed to do so than a lack of actual ability. Similarly, in the tech boom the computer industry routinely hired people with the right computer skills before they graduated from college, because the demand was so great, even though jobs of that level of sophistication are usually reserved for college graduates in sectors of the economy that aren't growing so fast.

Another implication is that the biggest part of a government response to unemployment may be to inject organization into the economy by finding worthwhile things for unemployed people to do until the private sector can come up with something better. No government worth its salt can't find something it wouldn't like to do, and since it has to pay the unemployed something whether they work or not (not only unemployment benefits but a wide variety of other benefits), why shouldn't it use those resources to directly hire people to do things that are worth doing? As long as the pay is not so high in "make work" jobs that it drives up labor prices to high for when the private sector can find work to do, this shouldn't harm a recovery and prevents waste caused by a massively idle labor force.

A third implication of this analysis is that is greatly recasts the role of immigration in employment. A lot of immigration rather than filling some fixed quanity of jobs in the economy, creates jobs by bringing in entrapreneurial individuals who know how to creat jobs. In times of cyclical downturns in employment it makes particular sense to engage in an active policy of brain drain calculated to bring elite potential job creators to the U.S., rather than closing the doors on the grounds that the U.S. needs to reserve jobs for its own workers. Jobs are created by exceptional individuals, and people who are willing to cast aside the culture and world they grew up in, in order to make a better economic life for themselves disproportionately have the drive and visions that it takes to create jobs, and will tend to return home discouraged if they don't.

Unanswered Questions

This view of unemployment comes with unanswered questions. Why do entrapreneurs fail to come up with worthwhile things to do that they can monetize when the economy goes into recession? What are they missing? How can you measure that failure? What distinguishes someone who is capable of prolifically creating jobs from someone who is capable of filling a job competently but not likely to create one? What kind of stimulus fosters more connection making and creates a better climate for implementing entrapreneurial visions? How do you get people to change gears? Can economic indicators better tailored to capture this critical job creating component of the economy help us better understand unemployment?

Still, you can't get the right answers until you ask the right questions, and I am convinced that most people thinking about the issue of unemployment in politics and mainstream economics and the media are not asking the right questions.
READ MORE - Education and Unemployment