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Kamis, 04 Agustus 2011

Charging People To Put Money In Savings Accounts

Bank of New York Mellon Corp. is charging customers for the privilege of allowing them to deposit large sums of their money at the Bank. Charging people to deposit money so that you can charge somebody else to borrow that money from you, and still having people rushing to give you their funds anyway is a sweet deal if you can pull it off.

Panic over sovereign debt security abroad, and low interest rates of Treasuries were cited in the decision by the Bank. Also, the stock market is having one of its periodic freak outs, and it isn't even autumn yet.

Inflation adjusted incomes fell 15.2% in 2009 to a twelve year low.

The federal funds rate will be zero percent until mid-2013 or so, the European Union says the sovereign debt situation is worst that the public realizes, and China and Russia which finance lots of the U.S. national debt have expressed great dissatisfaction with the near brush with default that the U.S. experienced over the last week.

FWIW, I know financial planners who can do better than that with your personal or institutional funds.
READ MORE - Charging People To Put Money In Savings Accounts

Senin, 11 Juli 2011

Principal Reductions In Mortgage Modifications Follow Pattern

Banks will sometimes modify mortgages to reduce principal if they are already shown at a discount on their books due to an acquisition from another bank, especially if the mortgages are currently not in default, but not if the write down will produce an accounting loss for the bank.

It seems that Wells and JP Morgan are happy to do principal reductions only on the mortgages they bought at a discount from Wells Fargo and WaMu respectively; Bank of America, meanwhile, which inherited a bunch of these loans when it acquired Countrywide, is not doing principal reductions, and I don’t think it’s a coincidence that the Countrywide loans were bought at very close to par.

The behavioral psychology here is very easy to understand. No bank wants to admit that it wrote idiotic loans, and write down its own assets from par. Meanwhile, it’s much easier to write up an acquired asset, if the amount you reduce the loan is less than the discount you bought the loan for in the first place.

Economically speaking, however, what the banks are doing here does not make sense. Either writing down option-ARM loans makes sense, from a P&L perspective, or it doesn’t. If it does, then the banks should do so on all their toxic loans, not just the ones they bought at a discount. And if it doesn’t, then they shouldn’t be doing so at all.

The truth is, of course, that banks should be doing principal reductions, and they should be doing them on lots of their loans, rather than just the ones they bought cheap. And the fact that they’re already doing this, entirely voluntarily, on some of their loans is the best possible indication that it makes perfect economic sense to do so on all of their loans. Even if doing so might involve admitting that the subprime crisis still isn’t fully over.

The implication is that the financial accounting reform may be a key to responding more rationally to the current and future asset bubbles.

The results also shed doubt on the prevailing assumption that banks act in an economically rational way, which makes reforms, like cramdowns in bankruptcy, that force lenders to act rationally rather than based on the reputational effect of a decision for actors in the organization look attractive.
READ MORE - Principal Reductions In Mortgage Modifications Follow Pattern

Jumat, 17 Juni 2011

Righthaven Suffers Potential Death Blow To Business Model

In a post yesterday, Technology and Marketing Law professor Eric Goldman summarizes a judge's June 14, 2011 order dealing a major defeat to Righthaven, a Internet copyright violation litigation company with the parent companies of the Denver Post and Las Vegas Review-Journal as major clients that has employed a very aggressive litigation strategy against bloggers who quote newspaper reports in their posts. 

An ongoing dispute over a cease and desist letter sent by Righthaven on behalf of the owner of the Denver Post to Colorado Pols, asserting rights in excess of those legally available to the newspapers under copyright law and largely complied with by the Colorado Pols blog to the detriment of the newspapers has earned Righthaven infamy in Colorado's political blogosphere.

The judge found that Righthaven didn't own the copyrights it claimed to be suing under its contract with the media company, and according to Goldman that judge ruled "that Righthaven can't fix the existing contract defect for the existing litigation because standing is measured when the complaint is filed. This could lead to dismissal of all pending Review-Journal litigation and, depending on the exact wording of the MediaNews contract, possibly the Denver Post litigation as well."

The ruling is a blow to Righthaven's entire business model:

"If Righthaven can't get this opinion reversed on appeal and other judges defer to this opinion on the standing question (which I think it likely), Righthaven may be back at square one with its entire business. Thus, I assume Righthaven will appeal this decision. However, this is a pretty well-constructed opinion, so Righthaven will have an uphill battle overturning it on appeal."

The judge also severely criticized Righthaven's litigation conduct and is likely to impose sanctions:


* the judge rejects Righthaven's basic substantive argument as "flagrantly false—to the point that the claim is disingenuous, if not outright deceitful."
* . . . "the Court believes that Righthaven has made multiple inaccurate and likely dishonest statements to the Court."
* the judge then goes on to lambaste Righthaven for not identifying [Las Vegas Review-Journal Owner] Stephens Media as an interested party in the lawsuit, calling that omission "brazen" and "egregious."

[As the order explains: "not only did Righthaven fail to identify Stephens Media as an interested party in this suit, the Court believes that Righthaven failed to disclose Stephens Media as an interested party in any of its approximately 200 cases filed in this District. Accordingly, the Court orders Righthaven to show cause, in writing, no later than two (2) weeks from the date of this order, why it should not be sanctioned for this flagrant misrepresentation to the Court."]

The judge requires Righthaven to explain why the judge should not order sanctions. Given the tenor of this opinion, it seems like a sanctions order is inevitable. The opinion also hints that Democratic Underground may get its attorneys' fees. All told, this case is probably going to cost Righthaven dearly. And after a ruling like this, Righthaven's entire enterprise is on the ropes.


Since standing goes to the subject-matter jurisdiction of the federal courts in which Righthaven has already obtained judgments and settlements resulting from federal court litigation, it is not impossible that litigation to set aside those ruling and even to obtain restitution of the settlements paid based on litigation premised on misrepresentations to the Courts by Righthaven could be brought successfully if this judge's order survives attempts to set it aside on appeal.

The Electronic Frontier Foundation, which provided a legal defense to the Democratic Underground also noted that:

"The Court permitted Democratic Underground's counterclaim to continue against Stephens Media -- the publisher of the Review Journal -- allowing Democratic Underground to show that it did nothing wrong in allowing a user to post a five-sentence excerpt of a 50-sentence article."

More details are found in my diary at Colorado Pols on the subject and the comments therein.
READ MORE - Righthaven Suffers Potential Death Blow To Business Model

Rabu, 08 Juni 2011

Bank of America Still Stupid

It takes a really poorly run bank to first foreclose on a property that has on that has no mortgage, and then to ignore a judgment entered against it from the same lawsuit until the sheriff's deputies are on its door. Alas, this is one of the half dozen largest banks in the United States, and probably the world.

Bank of America mistakenly filed a foreclosure claim against [Warren and Maureen Nyerges] even though they had no mortgage at all. The couple fought the case in court and won, but then asked Bank of America to pay for $2,534 in attorney fees. A Collier County judge ruled the bank should pay, but the bank never did.

On Friday, the couple's lawyer went to a Bank of America branch with two sheriff's deputies. He was prepared to take possession of furniture inside the bank to pay the debt.

One hour later, the bank wrote a check for $5,772.88 to satisfy the original debt plus other fees.

From here.

In truth, the consequences for the Bank of America in this Florida case were probably entirely too lenient.
READ MORE - Bank of America Still Stupid

Jumat, 27 Mei 2011

Lexis Nexis File and Serve Hell!

There are wonderful things about e-filing. You can file documents long after courts close from the comfort of your office. The amount of paper shipped across the country is far less and this removed the drudgery of copying and mailing vast volumes of legal documents to lots of people.

But, it also is utterly incompetent in a variety of common scenarios. For example, the system simply cannot comprehend that a lawyer migth be signing pleadings for more than one law firm at a time, despite the fact that it is permitted and that there are many circumstances where it comes up.

Equally frustrating is their inconstant approach to security. Anyone claiming without any substantiation to be a law firm IT administrator can change the firm, e-mail account and password assigned to a e-file account without even talking to a real human being, and without notice to the old account e-mail address. But, lawyer himself or herself doesn't have the authority to do these things and isn't contacted about them, and must concoct complex and hence difficult to remember passwords to the account.
READ MORE - Lexis Nexis File and Serve Hell!

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

Senin, 14 Februari 2011

Monday Miscellany

* Last week, Glendale's animal rights terrorist, thirty-four year old Walter Edmund Bond, got five years in prison for burning down the sheepskin factory (and a $1.2 million restitution judgment together with three years of supervised release) following a guilty plea, despite the fact that he was utterly unapologetic and taunted the victims as he spoke prior to receiving his sentence. No physical injuries to people were caused by this or her other fires, but the business, which was not insured, was destroyed.

"In a society that honors money over life, I am honored to be a prisoner of war," Bond said. As Bond raged in the heavily guarded courtroom — at one point saying he wanted Livaditis to "choke on everything you earned" — a member of Livaditis' family cried in the audience. . . . [He] told Judge Christine Arguello that he has no remorse for the fire, which he has said he lit under the banner of the radical Animal Liberation Front, or ALF. . . . [The judge said] he would face additional prison time if he didn't keep up with restitution payments. Bond told Arguello he would not willingly make the payments. . . . Bond also has prior arson convictions that had nothing to do with animal-rights issues. Holloway said Bond was convicted in Iowa in 1996 for lighting a pentagram on fire inside a church convicted again in 1997 in Iowa for setting fire to a building, an incident that killed a family's pet. . . .

Bond's speech today stood in contrast to statements his lawyer made on his behalf last month in a court filing seeking to get Bond a reduced sentence of less than four years. In that filing, attorney Edward Harris wrote that Bond had renounced "burning the businesses of those who offend his principles. . . . Mr. Bond ... now believes that the better course of action is to limit his advocacy to speech and writing," Harris wrote.

That sentiment was not evident during Bond's speech, as he called affiliating with the ALF, "the proudest and most powerful thing I have ever done." Bond, who has identified himself at times in online writings as "ALF Lone Wolf," addressed part of his speech to "my vegan sisters and brothers" and encouraged them to keep up their campaign.

About a dozen of Bond's supporters sat in the courtroom for the sentencing hearing. . . After the hearing, many of the activists, some of whom traveled from across the country to attend, said they supported Bond's statement.


The willingness of federal prosecutors to accept such a lenient plea bargain may have something to do with the fact that he faces two more counts in Utah that will add to the total time served before his release. This conviction will impact his criminal history for the next convictions under the U.S. Sentencing Guidelines. U.S. Attorneys in Utah will also, no doubt, consider his statements at this sentencing in considering what plea agreements they are willing to reach with him.

Still, it is hard to imagine someone who claimed that he did this in the name of Islam, instead of animal rights, receiving a similarly light sentence. When someone who is deeply repentant can be sentenced to 30 years in prison for sending $3,500 to an Islamic organization that engaged in both terrorist and non-terrorist activities funded by petty fraud under a law that had never before been enforced, it is hard to see why someone with a prior criminal arson record he burns down a shop and has no remorse for the act should receive a lighter sentence.

* There seems to be some evidence that fructose (one type of dietary sugar) encourages obesity more the glucose (another type of dietary sugar).

* Genetic evidence has led biologists to reclassify a few species of worms called Acoels and Xenoturbella, that had previously been seen as a missing link between invertebrates with radial symmetry (anemones, jellyfish and sponges, for example) that use the same body opening to ingest food and excrete waste, and animals with bilateral symmetry that have a separate mouth and anus (earthworms, snails, insects, sea urchins and vertebrates, for example), since these worms have bilateral symmetry but a single body opening to ingest food and excrete waste. The genetic evidence suggests that rather than being a missing link, the Acoels had an ancestor that has bilateral symmetry and both a mouth and anus, but lost the anus in later convergent evolution. They turn out to be more closely related to the vertebrates and sea urchins than to other bilateral animals by several different genetic measures.

* Old teeth found at an archeological site in Israel suggest that there may have been modern humans in the Levant much earlier than prior finds have indicated, perhaps even shortly after the evolution of modern humans in Africa:

Excavated at Qesem cave, a pre-historic site that was uncovered in 2000, the size and shape of the teeth are very similar to those of modern humans, Homo sapiens, which have been found at other sites is Israel, such as Oafzeh and Skhul -- but they're a lot older than any previously discovered remains.

"The Qesem teeth come from a time period between 200,000 -- 400,000 years ago when human remains from the Middle East are very scarce," Quam said. "We have numerous remains of Neandertals and Homo sapiens from more recent times, that is around 60,00 -- 150,000 years ago, but fossils from earlier time periods are rare. So these teeth are providing us with some new information about who the earlier occupants of this region were as well as their potential evolutionary relationships with the later fossils from this same region."


Teeth are the prime sources for ancient DNA because the enamel shields them from outside conditions, leaving open the possibility that it might be possible to analyze the DNA of hominins much older than any other ancient DNA ever recovered. Even results limited to mtDNA could shed light on whether the modern humans finds in the Levant are ancestral to modern Eurasian, or a "dead end" as their apparent absence from the Levant for tens of thousands of year suggests might be the case. But, the rare teeth have value whole, and the ancient DNA inside could easy be degraded and provide no useful information, so the decision on whether scientists should try to analyze them in destructive testing for ancient DNA is a difficult one.

* One feature that is surprising absent from library cataloging software (at least in Denver) and online book purchasing sites (like Amazon) is an easy way to bring up all of the books and other media that are part of the same series and arrange them in order. This is particularly annoying when several volumns of a series are written by different authors (common in non-fiction and sometimes seen in tribute works to deceased authors). Even more annoying, however, is the effort of publishers like Little, Brown and Company's paperback offerings, where I have seen it done, to deliberately obscure the fact that a book which is one of the middle books of a series has books that come before it in the series on the book cover. I understand the desire to sell more books, but in general have a low opinion of marketing approaches that seek to capitalize on consumer ignorance rather than by letting them know more about the product.

* Marginal Revolution is a blog that is increasingly attracting my attention as a source of interesting and timely tidbits. So is Truth on the Market (which is more academic).

* Most recently, the latter blog brings the sad news that Borders, I book store that I saw rise from its humble beginnings as a wonderful independent bookstore in Ann Arbor, Michigan while I was in law school, is going bankrupt. Borders was acquired by Detroit area based Kmart to revive its Walden Books chain, one that I liked to describe as a book store for people who don't really like books that based on shopping malls. The book stores were spun off from Kmart, which went bankrupt and was merged in the same group with Sears, another retail chain that had jumped the shark but had valuable real estate holdings. Borders was a delightful book store, but expanded too fast with non-bookstore exeecutives, failed to gain a strong foothold into the online world, and tried to hard to meld a chain oriented towards intellectuals and one oriented towards non-intellectuals that was ill fated. I personally think that the role of a lack of online initiatives at Borders which has been played as a "death of books" scenario distorts what really went wrong with Borders, which can just as easily be understood as a lesson in the limits of the economies of scale.

* The Democratic Leadership Council (and its deceptively named think tank, the Progressive Policy Institute), a conservative leaning organization within the Democratic Party, is dead. It has run out of money and is suspending its operations. While the DLC has been more Clintonian than outright Blue Dog conservative, it has earned a great deal of ire from the progressive elements in the Democratic party anyway. The 2012 election was a blow to its core constitutency, as right leaning Democrats favored Republicans over Democrats, although the Democratic party still has a much bigger tend than the Republicans politically at the moment. Also, the DLC has simply lacked much of a coherent vision.

* Arizona is talking about bringing counterclaims in the federal suit to invalidate its anti-immigration law on pre-emption grounds alleging that Arizona has incurred fiscal harms as a result of non-enforcement of federal law by federal officials. The claim is frivilous as a matter of law and a nearly identical suit was promptly defeated in the courts in Colorado when Attorney General Suthers was directed by the legislature in a special session to bring such a suit. But, the political grandstanding continues to outweigh the legal good judgment of the officials making the legal move.
READ MORE - Monday Miscellany

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

Jumat, 04 Februari 2011

Friday Links of Interest

* Colorado's incarceration rate for women (93 per 100,000 population) is the third highest in the United States after Oklahoma (134 per 100,000), and Texas (98 per 100,000). The national average is 69 per 100,000. "In 2004, [Oklahoma] imprisoned more than 10 times as many women per capita as Massachusetts or Rhode Island."

* Microsoft's customer support website chronicles the ire of people who have had Bing hijack their systems.

* "[H]ow many offenders sentenced under the old 100-1 crack guidelines (and the amended version applicable from 2007 to 2010) would benefit from retroactive application of the new 18-1 crack guidelines that the passage of the Fair Sentencing Act produced"?

12,835 offenders sentenced between October 1, 1991, and September 30, 2009 (fiscal years 1992 through 2009), would be eligible to receive a reduced sentence if [the new sentencing guideline] were made retroactive. If these offenders were to receive reduced sentences . . . the dates on which they would be released would span more than thirty years....

Based on [additional] assumptions, the average sentence reduction for all impacted offenders with sufficient information to perform this analysis would be 22.7 percent (or 37 months, from 163 months to 126 months). Table 6 shows that 7,612 offenders (76.9%) would receive a sentence reduction of 48 months or less. Conversely, 286 offenders (2.9%) would receive a sentence reduction of more than 10 years.


A more modest adjustment to the crack sentencing guidelines in 2007 was applied retroactively. "The 2007 reduction benefited over 15,000 crack prisoners, though the amount of sentence reduction was only around 2 years of imprisonment."

The federal corrections budget would be reduced by about $1 billion if the sentencing guideline change mandated by the Fair Sentencing Act was made retroactive.

* Mohamad Hammoud was the first man convicted of charges including material support for terrorism after 9/11 (he was the first man charged under a 1996 law that makes it illegal to give money to designated terror groups and was found guilty and sentenced shortly after 9/11). He was sentenced to 155-years in prison "for smuggling cigarettes and sending $3,500 of the profits to Hezbollah." This was reduced this past January by Judge Graham Mullen on the grounds that this was "grossly disproportionate." But, the new sentence for the man who has served about ten years in prison so far is 30 years in prison after the original sentence was reversed on appeal. Thus, "the 37-year-old from Lebanon will spend an additional two decades in prison, then likely be deported." Hammoud plans to appeal the new sentence as well.

His attorneys wanted Hammoud to walk out of the courtroom with a sentence of the more than 10 years he already served. . . They contend he sent the money to a wing of Hezbollah that helps provide Middle Eastern communities with clean water and good housing, not the military wing labeled terrorists by the United States government for numerous attacks on Israel. . . . defense attorneys brought up more than a dozen cases in which people got sentences much shorter than Hammoud, including sentences of only a few decades for defendants that provided actual weapons and hundreds of thousands of dollars to terrorist organizations. "This is a case where people get seven years, eight years," Hammoud's attorney Stanley Cohen said.


From here.

* Twin studies, surprisingly, show a strong hereditary component to adolescent crime victimization:

[G]enetic factors explained a surprisingly significant 40 to 45 percent of the variance in adolescent victimization among the twins, while non-shared environments (those environments that are not the same between siblings) explained the remaining variance. But among adolescents who were victimized repeatedly, the effect of genetic factors accounted for a whopping 64 percent of the variance.


The study's author surmises that "genetically influenced traits such as low self control affect delinquent behavior, and delinquents, particularly violent ones, tend to associate with antisocial peers."

* Low prices of consumer electronics in the U.K. have caused criminals to shift from committing burglaries to muggings where small, high value items like iPods and laptop computers are stolen.

* High IQ people of modest means are considerably less likely to get higher education in Minnesota than in Sweden, while low IQ people from affluent families were more likely to get higher education in Minnesota than in Sweden. Higher education is free in Sweden to students with good grades and test scores, but money is still a barrier to these students in the United States.

Notably, Harvard and several other Ivy League schools have instituted sliding scale tuition arrangements so that they can continue to admit the most qualified applicants regardless of means. For example, Harvard limits tuition to 10% of the first $180,000 of family income and has ceased including student loans in undergraduate financial aid packages.

* Tree ring data from Mexico released last year showed that a "large ancient drought previously confirmed for the Southwest of the United States is shown to have extended into central Mexico (1149-1167 AD)."

[It] also provides the first independent confirmation of the so-called Terminal Classic drought, a megadrought some anthropologists relate to the collapse of the Mayan civilization. This decades-long dry period had been previously determined by analysis of lake and basin sediments in other areas of Mexico and the Caribbean. . . [The data] narrowed the event's timing to 897-922 AD and confirmed that it had a wider geographical impact than previously thought, extending into the highlands of Central Mexico, where other classic period cultures were located.


This parallels recent 2500 years of paleoclimate data from Europe that also shows a strong link between the major upheaval in European civilization in the last couple of thousand years and climate trends.

At times of social stability and prosperity, like the rise of the Roman Empire between 300 B.C.E. and 200 C.E., Europe experienced warm, wet summers ideal for agriculture. Similar conditions accompanied the peak years of medieval Europe between 1000 C.E. and 1200 C.E. . . .

In the 3rd century C.E. . . . extended droughts matched the timing of barbarian invasions and political turmoil. Around 1300 C.E., on the other hand, a cold snap combined with wetter summers coincides with widespread famines and plague that wiped out nearly half of Europe's population by 1347. . . . In eras of prosperity, more trees were cut down for building and fuel, yielding more samples in the archaeological record. At other times, like the years after the Black Death and the so-called Migration Period between 300 C.E. and 600 C.E. when the Roman Empire was overwhelmed by tribes pushing in from the east, the number of wood samples dwindles to nearly nothing.


Krugman and Brad DeLong, meanwhile, have recently noted an interesting article from 1970 on the connection between the institutions of slavery and serfdom in Europe and the Black Death. Climate data may elucidate some of the unanswered questions from that analysis.
READ MORE - Friday Links of Interest

Kamis, 03 Februari 2011

Bing As Malware

Bing is Microsoft's search engine answer to Google. Like all things Microsoft touches these days, it is inferior in quality. It just isn't a good search engine. Its results are less often what you want and are hard to use.

In addition to being an inferior search engine to Google, Bing is aggressive to an almost malware degree. When you start up a new system and use Internet Explorer, the Bing software is very insistant on taking a prominent place in your system until you root it out and remove it, even if you have no interest is using it. It shows up on your screen when you don't ask it to, it installs itself, it makes itself hard to ignore when it appears on the screen. When I bought my wife a new computer recently, one of my first acts was to devote the roughly 45 minutes that was required to remove Bing from her system.

I have yet to meet a satisfied Bing customer.

Apparently, Bing also systematically uses information gathered from users who make Google searches while it is installed, effectively acting as spyware, to reverse engineer Google's search engine tricks.

While I have no problem, in general, with reverse engineering other people's technology that doesn't have formal legal intellectual property protection, and there are far more harmful ends to which information gathered with spyware can be put, I still am not happy about any software that secretly enlists millions of users into a program of mass information sharing for undisclosed reasons. I don't think that Google has any legitimate legal grievance against Microsoft for this conduct, but I also don't think that it is appropriate for Microsoft as a legitimate software company to be inserting software so close to malware and spyware into people's computers while passing off what they are doing as offering the same kind of far less intrusive service as Google and Yahoo.

Indeed, perhaps the most appropriate response would be for major Internet Security firms like Norton, AVG and McAfee to decide to classify it as a security threat and automatically prompt users to remove it from their systems with a description of Bing's defects similar to that made available to explain the threat caused by other security threats it flags from tracking cookies ot phishing websites to trojans. These companies aren't required to determine that software is illegal. They are simply in the business of identifying stuff on your computer or the Internet that you don't want. Malware status is a matter of opinion, so long as the basis of that classification is disclosed, and these companies would be well within their rights to classify Bing as malware based on what it does.
READ MORE - Bing As Malware

Jumat, 21 Januari 2011

AOL Subscribers Are Idiots

In 2002, AOL had 35 million subscribers. Now, it has 4 million subscribers who generate $244 million in revenues.

80% of the company's profits STILL come from AOL's subscription business.

What's troubling about AOL's subscription business is who the subscribers are and why they may be sticking around . . . "older people who have cable or DSL service but don't realize that they need not pay an additional $25 a month to get online and check their email."

A former AOL exec explains that this is AOL's "dirty little secret" – "that 75% of the people who subscribe to AOL's dial-up service don't need it."
READ MORE - AOL Subscribers Are Idiots

Falling Behind In Answering The Mail

The notion that private enterprises are efficient and well run is a persistent but profoundly inaccurate myth.

Falling Behind In Answering The Mail

Delta Airlines is about a month behind in opening and dealing with mail from its customers according to a customer service representative in its frequent flier mile department. Imagine what would happen to a typical law practice, or a typical household, if you were routinely opening mail received and dealing with it a month late. But, this seems to be business as usual at the moment at Delta.

Loan modification application processing by mortgage lenders and mortgage services is just as much of a morass. Papers sent to lenders are routinely lost. It is hard for borrowers to find out what more information or action is expected of them. And, completed files languish for months until the information in them becomes outdated.

Private Industry Not Precisely Fiscally Responsible Either

While large financial institutions, as well as companies and governments that issue bonds are considered to be at the brink of collapse if they make scheduled payments even a day or two late, it can be stunning how far behind on their accounts payable small and medium sized businesses and trade credit payments by large "real economy" firms can get on a fairly routine basis. Back in the days when I did defense work for casualty insurance companies, it was routine to have bills paid several months after they were submitted to these large, publicly held companies.

Few industries have escaped having entities that collapsed financially due to major missteps in their business plans. Among the major companies that have gone bankrupt, failed, or needed a bailout to survive (or to that didn't survive) in the last decade or so are: General Motors, Chrysler, Blockbuster, Enron, Circuit City, Adam Aircraft, Bennigans, eToys, Frontier Airlines, Crabtree & Evelyn, The Walking Company, Daphne's Greek Cafe, Old Country Buffet, Village Inn, Mrs. Fields Famous Brands, Ponderosa, Ritz Camera, Sportsman's Warehouse, Big 10 Tire Stores, Inc., Z Gallerie, Filene's Basement, Eddie Bauer, Dunkin' Donuts, Samsonite, Max & Erma's, Unos Pizza, Schlotzsky's, the Chicago Tribune, the Los Angeles Times, the Hartford Courant, the Orlando Sentinel, the South Florida Sun-Sentinel, the Baltimore Sun, The Morning Call, ForSaleByOwner.com, South Park, the Chicago Cubs, WGN 720 AM, KWGN, the Denver Post, the Rocky Mountain News, the Tucson Citizen, the Baltimore Examiner, the Cincinnati Post, the Albuquerque Tribune, the Honolulu Advertiser, Los Angeles Daily News, the Boulder Daily Camera, the Brush News-Tribune, the Fort Morgan Times, the Lamar Daily News of Lamar, the Sterling Colorado Journal Advocate, the Oakland Tribune, KTVA in Anchorage, The Augusta Chronicle, the Savannah Morning News, the Juneau Empire, AIG, Lehman Brothers, the Shane Company, the Mexicana Airline, Movie Gallery, Japan Airlines, Skybus, Northwest Airlines, Aloha Airlines, Delta Airlines, Mervyns, MCI, Montgomery Ward, MGM (movie studio), U.S. Airways, Air Canada, United Airlines, TWA, Washington Mutual, any subprime mortgage finance company, Six Flags Fannie Mae, Freddie Mac, Indy Mac Bank, the Bank of New England, the Arena Football League, Goldman Sachs, or any of a host of other major American businesses.

The Abyss Of Health Care Administration

Oh, and don't get me started about the arcane and mysterious world of health care billing and health insurance claims processing. It isn't uncommon for even the most routine preventative care visit to become mired in billing mistakes, and any medical condition of consequence is almost sure to require phone calls and correspondence that takes much longer than the medical care itself did to resolve. While these mistakes made by medical office administrative staff and insurance companies are worked out, often over a period of many months, medical office billing personnel (often outsourced) make dire threats to patients explaining that the patient will be held responsible and treated as a bad debtor if the insurance company fails to live up to its promises to the patient.

And, of course, the number of medical appointments that frequently take just a few minutes themselves, are often delayed beyond their scheduled times make the ontime rates of major airlines look absolutely stellar by comparison. An hour delay at a doctor's office for a three minute visit is routine.

There is little wonder that it is complex, because the distinctions made often make no sense at the patient level. For example, a specialist doctor's office that is independent of any hospital, and one that has some sort of hospital affiliation look identical from a patient's point of view in all respects. The waiting room, the interaction with the office staff, the treatment room, and what takes place in the visit with the doctor are the same. The hospital affiliation is rarely proclaimed loudly, there are no benefits in patient service that result, and the specialist doctor's office is often in a separate building from the hospital. But, the patient's share of the cost under an insurance contract is often much lower in a specialist doctor's office that is independent of any hospital than it is from one with a hospital affiliation.

Moreover, it isn't uncommon for a visit to a hospital affiliated specialist doctor's office to produce three or more separate invoices - once for the doctor, one for the hospital and one for laboratory tests. Actual inpatient stays at hospitals are even worse. It isn't unusual for a single brief inpatient stay to produce invoices from half a dozen different providers, each processed in a vacuum by the health insurance company and each with its own outsourced billing firm. Even huge law firms that keep track in itemized invoices of dozens of different kinds of costs and service providers over the course of work for a single client usually manage to consolidate their charges into one or two invoices (sometimes an expert witness or local counsel providing services at a separate geographic location sends separate invoices).

Needless to say, medical providers (with the sometimes exception of dentists) almost never make public their schedule of fees or even tell patients what their visits will cost in advance. And, medical providers routine charge wildly differing amounts to different people for the same service based on their insurance company and/or ability to negotiate a price based on a cash up front payment and/or ability to pay. Like the prices of hotel rooms that are publicly posted, almost nobody pays the "regular price" for health care services except those who are uninsured and can't pay in cash -- most of the "regular price" for health care services is really a hidden finance charge.

Health insurance companies provide more information, but since some of their charges depend upon what providers charge, and since rates negotiated with providers are not generally disclosed to patients until after services are provided, and since the distinctions health insurance companies make often make no sense to patients, even post-health insurance prices of health care are hard to predict. Frequently in hospitals and hospital affiliated situations, the patient doesn't even know who the providers managed by their physician or the hospital were until after the bill is received.

Don't forget that everybody, not just administratively competent college graduates, needs health care services, that health care needs are frequently urgent in ways that make comparison shopping for price (even if prices were available, which they aren't) impossible, and that many patients dealing with health care billing messes are sick themselves.

Is it any wonder that market based capitalism doesn't work well in these circumstances?

Health care reform, if House Republicans in Congress don't manage to derail it, will at least finally bring the United States much closer to a universal ability to pay for health care and will control some medical costs, but even this juggernaut of allegedly dramatic reform doesn't seriously deal with the absolute disaster that is medical billing in this country.

Government Bureaucracy Snafus

This isn't to say that large government bureaucracies are good examples either. Bill Johnson discusses in his Denver Post column the troubling delays that Colorado is experiencing in processing food stamp recertification. Colorado's unemployment office is almost as backed up as Delta is in dealing with claims. Mostly, these problems are due to ongoing problems with profoundly flawed execution of contracts to upgrade the state's computers made by very expensive private contractors who failed to deliver the services promised in prior gubernatorial administrations.

The IRS isn't even going to start processing certain kinds of tax returns until Valentine's Day because it's computers need to be reprogrammed to handle last minute changes in the tax laws (mostly due to the failure of Congress to pass tax laws for 2011 until the lame duck session in December). It is a rare day indeed that a major Department of Defense contract is performed on time and on budget. I've had the Patent and Trademark Office lose materials that I've properly submitted to them several times in a single application.

At a smaller scale, the Douglas County Schools in Colorado, as of this point in January already, have still provided no meaningful budget planning guidance to its employees for the coming year. Voucher debates and strategic planning have pushed the day to day business of running their district off the school board's agenda.
READ MORE - Falling Behind In Answering The Mail

Kamis, 13 Januari 2011

Short Takes

* I went to the Burger King restaurant in Cherry Creek earlier this week to get a cheap breakfast sandwich while I waited for the bank to open. The location was previously famous for being the parking nazi of Cherry Creek North, aggressively booting people in its lot. This time, I had to wait several minutes for anyone who worked there to appear, even after calling out an "anybody home?" Their bathroom is also the skankiest in all of Cherry Creek.

* Radio stations in Denver are in a slump. I have twelve FM and six AM pre-sets on my car radio, which I regularly revise with the best available options on the airwaves. Yet, several times in the last week, the elevator music in retail stores around town has been fresher and more interesting than what I can hear on any of those eighteen stations.

* Science Fair is over for another year. Next up, History Day.

* What is with all of the little banks on and around 1st Avenue in Cherry Creek? There must be twenty of them in the neighborhood, most with just one or two locations. You'd think it was Bern, Switzerland, or Luxembourg, or the Cayman Islands. I almost never see anyone actually doing business there, but presumably they have enough customers to stay afloat. I presume that they are catering mostly to a high end, local market clientele making loans to businesses, real estate developers, wealthy individuals and medium sized businesses, but I'm really not entirely clear what the business model is, although it seems to be a very similar business model for all of the banks that are not retail customer oriented.

* Even though Denver was almost 20% below average in precipitation in 2010, the snow pack in all of the state's major river basins was well above average, and since that is what really matters most for both Front Range water users and for the Colorado tourism industry, it's all good.

* Justice Kagan wrote her first U.S. Supreme Court opinion on the subject of the proper way to calculate the car expense in Chapter 13 plan calculations. The ruling was 8-1 with only Scalia dissenting. I agree that her reading was the better interpretation of the statute (it disallowed the expense when there was no actual loan or lease on a vehicle that had to be paid). The court took the case because there was a circuit split on the issue.

* The Article I immigration court based in Denver has a new judge who is married to one of the ICE prosecutors in the Denver office who presses these cases. The new administrative law judge must "must recuse herself from any case directed by her husband" but I have real doubts about whether that is sufficient to remove the appearance of impropriety in this situation.

In an ordinary court, only part of the docket involves cases brought by the government. But, all of the cases before this administrative law judge will be brought by the office of which her husband is a part. The pervasive association the new immigration judge has with one side of every single case before her creates a clear appearance of impropriety. I can't imagine how I could possibly be impartial in her shoes. Immigration judges have immense discretion. Statistically, the judge a person with a case in immigration court is assigned to is the single most important factor in determining the outcome of the case. Inappropriate use of that discretion by immigration judges, mostly to the detriment of immigrants, has flooded the federal appellate courts in recent years, and has cast grave disrepute on the credibility of the immigration courts as institutions where any meaningful kind of due process exists. This development certainly doesn't help the situation. If the recusal were from all cases with ICE involvement, that would probably resolve the problem, but that isn't a viable option for an immigration court judge.

I feel for the couple, who are no doubt both very smart, competent immigration lawyers, each of whom has a good federal government jobs. Neither has personally done anything wrong. But, maintaining this kind of status quo, even with recusals from cases where the other is personally involved really doesn't cut it. In government contexts the concern is not primarily ex parte communications about particular cases or personal gain (the government lawyers don't win or lose anything as a result of the outcome of particular cases), but about bias towards one side or the other on the part of the office, which is just as strong even without personal involvement in the same cases. We are not such a parochial backwater in Denver that we have no choice but to have a conflicted immigration court system because no one else is up to the job.

* Once again, Denver cops are being sued in a police brutality case and fraudulent police report case arising from a January 2009 traffic stop. Westword has more details.

* Marginal Revolution is a superior blog that I will add to my sidebar in due course.

* The percentage of women in Colorado's General Assembly (41 out of 99) is the highest of any state in the United States. The national average is 23.4%.

* Republicans are constantly accusing liberals of inventing constitutional rights that aren't supported by the language of the constitution. But, these days, the shoe is on the other foot. John Tomasic at the Colorado Independent nails it with this headline:

King to Polis: Healthcare law infringes on right to have babies in garbage cans


He goes on to explain:

Iowa Rep. Steve King today on Capitol Hill at a Rules Committee hearing on the GOP plan to repeal the healthcare reform law. He ended up telling Colorado Rep. Jared Polis that the law is unconstitutional because, for instance, it forces uninsured women who deliver babies in garbage cans to buy health insurance. Polis, aghast, searched for words.


Isn't funny how the rights Republicans want to invent always seem to be ones you have no desire to actually exercise?
READ MORE - Short Takes