Archive for February 2015

Skeptics: Please Relax on the Whole "Greatest Scientific Fraud of All Time" Thing

Climate skeptics are at risk of falling into the same exaggeration-trap as do alarmists.

I have written about the exaggeration of past warming by questionable manual adjustments to temperature records for almost a decade.  So I don't need to be convinced that these adjustments 1) need to be cleaned up and 2) likely exaggerate past warming.

However, this talk of the "Greatest Scientific Fraud of All Time" is just crazy.  If you are interested, I urge you read my piece from the other day for a more balanced view.  Don't stop reading without checking out #4.

These recent articles are making it sound like alarmist scientists are simply adding adjustments to past temperatures for no reason.  But there are many perfectly valid reasons surface temperature measurements have to be manually adjusted.  It is a required part of the process.  Just as the satellite data must be adjusted as well, though for different things.

So we should not be suspicious of adjustments per se.  We should be concerned about them, though, for a number of reasons:

  • In many parts of the world, like in the US, the manual adjustments equal or exceed the measured warming trend.  That means the"signal" we are measuring comes entirely from the adjustments.  That is, to put it lightly, not ideal.
  • The adjustments are extremely poorly documented and impossible for any third party to replicate (one reason the satellite record may be more trustworthy is all the adjustment code for the satellites is open source).
  • The adjustments may have a bias.  After all, most of the people doing the adjustments expect to see a warming trend historically, and so consider lack of such a trend to be an indicator the data is wrong and in need of adjustment.  This is not a conspiracy, but a normal human failing and the reason why the ability to replicate such work is important.
  • The adjustments do seem to be very aggressive in identifying any effects that might have artificially created a cooling trend but lax in finding and correcting effects that might have artificially created a warming trend.  First and foremost, the changing urban heat island effect in growing cities seems to be under-corrected  (Again there is debate on this -- the proprietors of the model believe they have fixed this with a geographic normalizing, correcting biases from nearby thermometers.  I and others believe all they are doing is mathematically smearing the error over a larger geography).

Again, I discussed all the pros and cons here.  If pushed to the wall, I would say perhaps half of the past warming in the surface temperature record is due to undercorrection of warming biases or overcorrection of cooling biases.


I strive to treat people I disagree with as intelligent persons of goodwill.  I don't always succeed.  It helps that many, even the majority, of my friends and family disagree with me politically.

A reader sent me Evil Greedy Stupid Sheep: 4 Modern Ways to Win An Argument.  The only quibble I have is the word "modern".  I am pretty sure that if we had better historical sources we would find people accusing Ramses or Sargon of being evil and in the pay of grain merchants.

I would add a fifth category to this I would call "out-group".    I don't have to listen to you because you are from group X.  There is a famous quote from WWII from a man I believe was in the British Foreign Office, who, when asked about stories of Nazi atrocities, said that they needn't take seriously a bunch of "wailing Jews."

As I grew up, I thought we might actually be getting beyond this.  You know - the sixties and tolerance and racial understanding and all that.  But it turns out that tolerance does not mean the end of out-groups, it simply means that the out groups are changing.  "Check you privilege" is the common campus shorthand nowadays for "shut up white male."  Males, whites, the religious, the well off -- these are the new out-groups whose origins are used to automatically invalidate anything they say.

How Do I Get To Qualify for Tolerance from the Left?

The Left has absolutely bent over backwards to make sure we understand that Islamic terrorists are not representative of the Muslim religion or Islam in general.  Further, they seem really quick to excuse or at least ignore a lot of really awful illiberal behavior by Islamic nations, including systematic abuse and near-enslavement of women, execution of gays, harassment of any non-Muslims, or even of Muslims from competing sects, etc.   We need to be tolerant, dontcha know.

So why is it that all this absolute cascade of bad behavior by various Muslims is not representative of true Islam but a tiny tiny few American males who are violent sex offenders are somehow totally representative of the entire gender, such that all men have to constantly humble ourselves, avoid speaking certain facts, apologize and bear guilt, go to college re-education programs, etc?

Is The Left Finally Starting to Question Light Rail?

This is the first even mild questioning of light rail I have seen, and it is certainly welcome.  It even acknowledges that the sole advantage of light rail over much more flexible and less expensive buses is that it is more appealing to the middle and upper classes.  Via Kevin Drum:

Josh Barro thinks our cities are building too much light rail. It's expensive, often slow, and offers virtually no advantage over simply opening up a bus line. The problem, according to a 2009 report from the Federal Transit Administration, is that "Bus-based public transit in the United States suffers from an image problem."



I Hate to Say I Told You So, But Retail Sector Full-Time Work At An End

I have to say I told you so, but, from a reader, Staples threatens to fire anyone who works over 25 hours:

Part-time Staples workers are furious that they could be fired for working more than 25 hours a week.

The company implemented the policy to avoid paying benefits under the Affordable Care Act, reports Sapna Maheshwari at Buzzfeed. The healthcare law mandates that workers with more than 30 hours a week receive healthcare.

If Staples doesn't offer benefits, it could be fined $3,000 in penalties per person.

I can tell you from personal experience that $3000 is a staggering penalty.  For a full time worker at $8 an hour, this is over 2 months pay -- 2 months pay extra the company has to pay but the worker never sees.

As I have written before, we have moved heaven and Earth to get every employee we can in our company converted to part-time.  We had absolutely no alternative -- after seeking quotes from about 20 places, no one would offer our company any sort of health insurance plan at any price**.  So no matter what we did, we were facing the $3000 penalty for each full-time workers, so all we could do to manage the situation was convert full-time workers to part-time.


** We have seasonal workers, which makes insuring us awkward and expensive because there are high administrative costs with people constantly going on and off the plan.  We also have a very old work force.  Obamacare prevents insurers from charging the much higher premiums to older people that our costs might justify -- it milks younger people with prices well above their cost to serve to pay for subsidizing older people.  Insurers would be crazy to voluntarily add groups that are purely old people, they would lose their shirt.  So they refuse to quote us.

My Votes for NBC Newsreader

I am not sure why someone has to have journalist credentials to read from a teleprompter every night for 25 minutes.  I never watch the evening news -- haven't since I was a kid.  Honestly, I think the Huntley-Brinkley Report was the last network news I watched regularly, so that will give you some idea.  But I do hear it sometimes, because my wife still likes to watch and I hear it in the next room, or while I am having a glass of wine with her.

So I vote for a good voice, and since I am male I vote for a sexy female voice.  My two favorites were both Bond girls or one sort or another:

  • Lois Chiles (have no idea how she sounds today, but in Moonraker listening to her was absolutely the only reason to watch that movie)
  • Eva Green

Update:  If he were still alive, I would vote for John Facienda, preferably doing the news in verse

Hey, I Started a Meme!

Thoughts on the Minimum Wage

Mike Rowe has some thoughts that sound like what I have been saying of late:

From the business owners I’ve talked to, it seems clear that companies are responding to rising labor costs by embracing automation faster than ever. That’s eliminating thousands of low-paying, unskilled, entry level positions. What will that mean for those people trying to get started in the workforce? My job as an usher was the first rung on a long ladder of work that lead me to where I am today. But what if that rung wasn’t there? If the minimum wage in 1979 had been suddenly raised from $2.90 to $10 an hour, thousands of people would have applied for the same job. What chance would I have had, being seventeen years old with pimples and a big adams apple?

Bill Maher, Living in an Echo Chamber

I refuse to assume (contrary to the modern practice) that someone who disagrees with me is either stupid or ill-intentioned or both [OK, I did call people idiots here -- sorry, I was ranting].  Intelligent people of goodwill can disagree with each other, and the world would be a better place if more people embraced that simple notion.

Anyway, I won't blame lack of intelligence or bad motivations for the following statement from Bill Maher.  He seems to be a smart guy who is honestly motivated by what he says motivates him.  But this statement is just so ignorant and provably false that it must be the result of living in a very powerful echo chamber where no voices other than ones that agree with him are allowed.

HBO’s Bill Maher complained that comparing climate change skepticism to vaccine skepticism was unfair to vaccine skeptics before attacking GMOs on Friday’s “Real Time.”

“The analogy that I see all the time is that if you ask any questions [about vaccines], you are the same thing as a global warming denier. I think this is a very bad analogy, because I don’t think all science is alike. I think climate science is rather straightforward because you’re dealing with the earth, it’s a rock…climate scientists, from the very beginning, have pretty much said the same thing, and their predictions have pretty much come true. It’s atmospherics, and it’s geology, and chemistry. That’s not true of the medical industry. I mean, they’ve had to retract a million things because the human body is infinitely more mysterious” he stated.

Climate science is astoundingly complex with thousands or millions of variables interacting chaotically.  Separating cause and effect is a nightmare, because controlled experiments are impossible.  It is stupendously laughable that he could think this task somehow straightforward, or easier than running a double-blind medical study  (By the way, this is one reason for the retractions in medicine vs. climate -- medical studies are straightforward enough they can be easily replicated... or not, and thus retracted.  Proving cause and effect in climate is so hard that studies may be of low quality, but they are also hard to absolutely disprove).

It is funny of course that he would also say that all of climate scientists predictions have come true.  Pretty much none have come true.  They expected  rapidly rising temperatures and they have in fact risen only modestly, if at all, over the last 20 years or so.  They expected more hurricanes and there have been fewer.  They called for more tornadoes and there have been fewer.  The only reason any have been right at all is that climate scientists have separately forecasts opposite occurrences (e.g. more snow / less snow) so someone has to be right, though this state of affairs hardly argues for the certainty of climate predictions.

By the way, the assumption that Bill Maher is an intelligent person of goodwill who simply disagrees with me on things like climate and vaccines and GMO's is apparently not one he is willing to make himself about his critics.  e.g.:

Weekly Standard Senior Writer John McCormack then pointed out that there are legitimate scientists, such as Dr. Richard Lindzen, who are skeptical of man-made climate change theories, but that there were no serious vaccine-skeptic professors, to which Maher rebutted “the ones who are skeptics [on climate change], usually are paid off by the oil industry.”

I will point out to you that the Left's positions on climate, vaccines, and GMO's have many things in common, as I wrote in a long article on evaluating risks here.

"Dysfunctional Congress"

This weekend I went to a one-day university and saw four different lectures (as usual, about half were good, one was OK, and one was a soft-of WTF).  In one of those lectures, a Brown professor kept talking about Congress being "dysfunctional".

It strikes me that it is time to demand that people define what they mean by this.  A lot of people, I think, would answer that they mean that Congress is dysfunctional because it has not passed X, where X is immigration reform or climate change legislation or a repeal of Obamacare or a list of many other things.  But in these cases, I am not sure it is fair to say that lack of Congressional action really represents dysfunctionality when the public itself is sharply and somewhat evenly divided on the issues themselves.

No one can best me in a competition of disdain for elected officials.  But I am always suspicious that folks using the whole dysfunctional Congress meme are really using it as a proxy for a strong desire to keep expanding government.  After all, are we really facing a shortage of laws that Congress desperately needs to address?  Is Congress somehow greedily hording laws in a time of need?

In the spirit of defining terms, I will say what I think is dysfunctional about Congress:  When it fails to fulfill its Constitutionally-mandated roles.  It is not required to pass immigration legislation, but it is required to pass a budget and give up and down votes on appointments.  Neither of these tasks have been accomplished very well over the last few years.   Again, Congress is not required to give the President what he wants (as the media seems to imply, at least when the President is a Democrat), but they are required to pass some sort of budget and take a vote in a reasonably timely manner on appointments.

Adjusting the Temperature Records

I have been getting inquiries from folks asking me what I think about stories like this one, where Paul Homewood has been looking at the manual adjustments to raw temperature data and finding that the adjustments actually reverse the trends from cooling to warming.  Here is an example of the comparisons he did:

Raw, before adjustments;



After manual adjustments



I actually wrote about this topic a few months back, and rather than rewrite the post I will excerpt it below:

I believe that there is both wheat and chaff in this claim [that manual temperature adjustments are exaggerating past warming], and I would like to try to separate the two as best I can.  I don't have time to write a well-organized article, so here is just a list of thoughts

  1. At some level it is surprising that this is suddenly news.  Skeptics have criticized the adjustments in the surface temperature database for years.
  2. There is certainly a signal to noise ratio issue here that mainstream climate scientists have always seemed insufficiently concerned about.  For example, the raw data for US temperatures is mostly flat, such that the manual adjustments to the temperature data set are about equal in magnitude to the total warming signal.  When the entire signal one is trying to measure is equal to the manual adjustments one is making to measurements, it probably makes sense to put a LOT of scrutiny on the adjustments.  (This is a post from 7 years ago discussing these adjustments.  Note that these adjustments are less than current ones in the data base as they have been increased, though I cannot find a similar chart any more from the NOAA discussing the adjustments)
  3. The NOAA HAS made adjustments to US temperature data over the last few years that has increased the apparent warming trend.  These changes in adjustments have not been well-explained.  In fact, they have not really be explained at all, and have only been detected by skeptics who happened to archive old NOAA charts and created comparisons like the one below.  Here is the before and after animation (pre-2000 NOAA US temperature history vs. post-2000).  History has been cooled and modern temperatures have been warmed from where they were being shown previously by the NOAA.  This does not mean the current version  is wrong, but since the entire US warming signal was effectively created by these changes, it is not unreasonable to act for a detailed reconciliation (particularly when those folks preparing the chart all believe that temperatures are going up, so would be predisposed to treating a flat temperature chart like the earlier version as wrong and in need of correction. 1998changesannotated
  4. However, manual adjustments are not, as some skeptics seem to argue, wrong or biased in all cases.  There are real reasons for manual adjustments to data -- for example, if GPS signal data was not adjusted for relativistic effects, the position data would quickly get out of whack.  In the case of temperature data:
    • Data is adjusted for shifts in the start/end time for a day of measurement away from local midnight (ie if you average 24 hours starting and stopping at noon).  This is called Time of Observation or TOBS.  When I first encountered this, I was just sure it had to be BS.  For a month of data, you are only shifting the data set by 12 hours or about 1/60 of the month.  Fortunately for my self-respect, before I embarrassed myself I created a spreadsheet to monte carlo some temperature data and play around with this issue.  I convinced myself the Time of Observation adjustment is valid in theory, though I have no way to validate its magnitude  (one of the problems with all of these adjustments is that NOAA and other data authorities do not release the source code or raw data to show how they come up with these adjustments).   I do think it is valid in science to question a finding, even without proof that it is wrong, when the authors of the finding refuse to share replication data.  Steven Goddard, by the way, believes time of observation adjustments are exaggerated and do not follow NOAA's own specification.
    • Stations move over time.  A simple example is if it is on the roof of a building and that building is demolished, it has to move somewhere else.  In an extreme example the station might move to a new altitude or a slightly different micro-climate.  There are adjustments in the data base for these sort of changes.  Skeptics have occasionally challenged these, but I have no reason to believe that the authors are not using best efforts to correct for these effects (though again the authors of these adjustments bring criticism on themselves for not sharing replication data).
    • The technology the station uses for measurement changes (e.g. thermometers to electronic devices, one type of electronic device to another, etc.)   These measurement technologies sometimes have known biases.  Correcting for such biases is perfectly reasonable  (though a frustrated skeptic could argue that the government is diligent in correcting for new cooling biases but seldom corrects for warming biases, such as in the switch from bucket to water intake measurement of sea surface temperatures).
    • Even if the temperature station does not move, the location can degrade.  The clearest example is a measurement point that once was in the country but has been engulfed by development  (here is one example -- this at one time was the USHCN measurement point with the most warming since 1900, but it was located in an open field in 1900 and ended up in an asphalt parking lot in the middle of Tucson.)   Since urban heat islands can add as much as 10 degrees F to nighttime temperatures, this can create a warming signal over time that is related to a particular location, and not the climate as a whole.  The effect is undeniable -- my son easily measured it in a science fair project.  The effect it has on temperature measurement is hotly debated between warmists and skeptics.  Al Gore originally argued that there was no bias because all measurement points were in parks, which led Anthony Watts to pursue the surface station project where every USHCN station was photographed and documented.  The net result was that most of the sites were pretty poor.  Whatever the case, there is almost no correction in the official measurement numbers for urban heat island effects, and in fact last time I looked at it the adjustment went the other way, implying urban heat islands have become less of an issue since 1930.  The folks who put together the indexes argue that they have smoothing algorithms that find and remove these biases.  Skeptics argue that they just smear the bias around over multiple stations.  The debate continues.
  5. Overall, many mainstream skeptics believe that actual surface warming in the US and the world has been about half what is shown in traditional indices, an amount that is then exaggerated by poorly crafted adjustments and uncorrected heat island effects.  But note that almost no skeptic I know believes that the Earth has not actually warmed over the last 100 years.  Further, warming since about 1980 is hard to deny because we have a second, independent way to measure global temperatures in satellites.  These devices may have their own issues, but they are not subject to urban heat biases or location biases and further actually measure most of the Earth's surface, rather than just individual points that are sometimes scores or hundreds of miles apart.  This independent method of measurement has shown undoubted warming since 1979, though not since the late 1990's.
  6. As is usual in such debates, I find words like "fabrication", "lies",  and "myth" to be less than helpful.  People can be totally wrong, and refuse to confront their biases, without being evil or nefarious.

To these I will add a #7:  The notion that satellite results are somehow pure and unadjusted is just plain wrong.  The satellite data set takes a lot of mathematical effort to get right, something that Roy Spencer who does this work (and is considered in the skeptic camp) will be the first to tell you.  Satellites have to be adjusted for different things.  They have advantages over ground measurement because they cover most all the Earth, they are not subject to urban heat biases, and bring some technological consistency to the measurement.  However, the satellites used are constantly dieing off and being replaced, orbits decay and change, and thus times of observation of different parts of the globe change [to their credit, the satellite folks release all their source code for correcting these things].   I have become convinced the satellites, net of all the issues with both technologies, provide a better estimate but neither are perfect.

@kevindrum Finds Absolutely Ubiquitous Feature of Regulation to be Mysterious

Kevin Drum simply does not understand why Wall Street might be piling into broadband stocks despite proposed "tough new regulations."  He posits a number of hypotheses -- that Wall Street expected the rules to be worse than they turned out to be.  But this can't be it because the hundreds of pages of rules are still a secret.  He also hypothesizes there might be some nefarious secret loophole buried in the rules Wall Street knows about but we don't.

This is crazy!  How can a reasonably bright person like Drum who writes about the political economy not understand the issue of regulatory capture?  Seriously, I have always figured that the Left, which has a seemingly infinite appetite for regulation, must favor regulation because they find the benefits to out-weight the crony-ist downsides.  Is it really possible Drum is unfamiliar with the downsides altogether, or is he just being coy?

Here is what regulation, particularly utility-style regulation, tends to do -- it locks in current business models and competitors.  It makes it really hard for new entrants to challenge incumbents with innovative new business models or approaches, because regulations have been written based on the old business model and did not take the new one in account.  So a new entrant must begin business by getting regulators to allow their new model, which never happens because by this time incumbents have buildings full of lobbyists aimed at the regulatory process.  Go ask Tesla and Uber and Lyft about how easy it is to enter a heavily regulated business even with a superior new business model.

This is particularly true in the technology world.  The biggest threat to incumbency is someone with a new technology or approach to the technology.  Don't believe me?  I suggest you go to the offices of Netscape or AOL or Lycos or Borders or Circuit City or Radio Shack and interview them about the security of their multi-billion dollar businesses in the face of new online technologies.  At best, regulators put a huge speed bump in the way of competitors, costing them time and money to get their alternative business model approved.  At worst, regulators block new competitors altogether.

I will give you a thought experiment.  Let's say these exact same rules were adopted in the year 2000, when AOL and Earthlink dial-up ruled the internet access world.  Would cable and satellite and DSL have grown as quickly?  I can see the regulators now -- "hey, all the rules specify phone dial up.  There's nothing here about cable TV.  Sorry [Cox, Comcast, whoever] you are going to have to wait until we can write new rules.

The other thing that happens with utility-style regulation is that companies in the business tend to get their returns guaranteed.  Made a bad investment in a competitive market?  Well good luck getting customers to pay extra to bail you out from your bad decision when they have other options.  But what happens when your local power company wastes $10 billion on a nuclear plant that never opens -- it gets built into your rate base!

In the cast of broadband, they are locked in what business school students would see as a classic supply chain battle.  Upstream companies like Netflix supply content via downstream broadband companies.  Consumers are only willing to pay a certain amount for this content, so the upstream and downstream fight a lot over who gets what share of that consumer $.    This happens everywhere in the business world, from Cable TV to oil refining to selling TV's at Wal-Mart.  There is a real danger that broadband will lose this fight in the future -- but not now.  Regulated industries never die, they appeal to their regulators for help.

As of yesterday, Wall Street is looking at broadband companies and realizing that they are now largely immune from competition and some level of minimum returns are likely now gauranteed forever.  Consumers should hate this, but what's not to love for Wall Street?

Postscript:  Kevin Drum describes the new regulation this way:  "Basically, under Wheeler's proposal, cable companies would no longer be able to sign special deals to provide certain companies with faster service in return for higher payments."  This is a bit like describing the Patriot Act as a law to force people to take their shoes off at the airport.  Yes, it does that narrow thing, but it does a LOT else.  The proposal is hundreds of freaking pages long.  It does not take hundreds of pages to do the narrow little niche thing Drum (like most neutrality supporters) wants.

This Administration has cleverly taken this one tiny concern people have and have used it as an excuse to do a major regulatory takeover of the Internet.  This is a huge Trojan Horse. But I have already ranted about the details of that and you can read that here.

Question for Keynesians: What Are You Doing To Prepare for the Next Cycle?

When I was in school learning macro 101 from Baumol and Blinder, my memory is that the theory of Keynesian stimulus and managing the economic cycle was that deficits should be run in the bottom part of the economic cycle, paid for with surpluses in the top half.   So we are now almost certainly in the top half of the cycle.  But I don't hear any Keynesians seeking to run a surplus, or even to dial back on government deficits or spending.  In fact, our Keynesian-in-chief says he is done with "mindless austerity" and wants to start spending even harder in 2015.

Its enough to make one suspicious that all the stimulus talk is just a Trojan Horse for a desire to increase the size and power of government.

But for Keynesians who really believe what they are saying, that deficit spending somehow saved us from a depression in 2009 and 2010, then I ask you -- what are you going to do next time?  It appears that when we enter the next recession in this country, that US debt as a percentage of GDP is going to be almost twice what it was entering the last recession.  Don't you worry that this limits your flexibility and ability to ramp up deficit spending in the next recession?

The situation in the US is the same as it is worldwide.  While those evil private short-term-focused private actors have used the improving economy to de-leverage back below 2007 levels, governments have increased their debt as a percentage of GDP by just over 50% since just before the last recession.



Since 2007, according to my old friends at McKinsey, global government debt has risen by $25 trillion since 2007.  If you really care about Keynesian stimulus in recessions, and not just "mindlessly" (I can use that term too) increase government spending, wouldn't you want to be building up some reserves for next time?

Sort of Sad, But Inevitable I Guess

CBE is closing its open outcry pits (e.g. the type of trading portrayed in the movie Trading Places).  Time to short the manufacturers of brightly covered jackets (from my very very limited experience observing the pit in Chicago, one unreality of Trading Places is that the traders are all wearing fairly normal business attire).

Donating Money to Candidates After They Have Already Won the Election

I am a big absolutist on allowing campaign donations as an essential part of free speech largely without restriction.  However, I have always wondered why we treat campaign donations after the election is over, made to the winning candidate, as anything but an outright bribe.  I guess in theory one can argue that the candidate does not get access to it personally (it used to be that retiring public officials could personally keep the remnants of their campaign funds when they retire;  the elimination of this rule spurred one of the last big incumbent turnovers in Congress as our elected officials rushed to beat the deadline and personally bank those leftover contributions.)  However, many candidates lend money to their own campaigns or borrow money with their personal guarantee, and so money paying off these loans does indeed benefit the candidate directly. And candidates have numerous ways to shift campaign cash to benefit friends and family.

Avoiding McDonald's

Watching the Superbowl, and seeing the McDonald's commercial where the company announced a policy that they will ask their customers to do various kinds of performance art rather than pay, I said to my kids, "well, I guess I am avoiding McDonald's for a while."  Not only do I not want to sing a song to avoid paying my $5 bill, I probably would pay them $50 to shut up and just give me my damn food.

My kids acted like I was being a curmudgeon, but apparently I am not alone:

Early on Monday morning I paid a visit to the Golden Arches while traveling through Union Station in Washington, D.C. After a moment’s wait I placed my order with an enthusiastic cashier, and started to pay.

Suddenly the woman began clapping and cheering, and the restaurant crew quickly gathered around her and joined in. This can’t be good, I thought, half expecting someone to put a birthday sombrero on my head. The cashier announced with glee, “You get to pay with lovin ’!” Confused, I again started to try to pay. But no.

I wouldn’t need money today, she explained, as I had been randomly chosen for the store’s “Pay with Lovin’ ” campaign, the company’s latest public-relations blitz, announced Sunday with a mushy Super Bowl TV commercial featuring customers who say “I love you” to someone, or perform other feel-good stunts, and are rewarded with free food. Between Feb. 2 and Valentine’s Day, the company says, participating McDonald’s locations will give away 100 meals to unsuspecting patrons in an effort to spread “the lovin’.”

If the “Pay with Lovin’ ” scenario looks touching on television, it is less so in real life. A crew member produced a heart-shaped pencil box stuffed with slips of paper, and instructed me to pick one. My fellow customers seemed to look on with pity as I drew my fate: “Ask someone to dance.” I stood there for a mortified second or two, and then the cashier mercifully suggested that we all dance together. Not wanting to be a spoilsport, I forced a smile and “raised the roof” a couple of times, as employees tried to lure cringing customers into forming some kind of conga line, asking them when they’d last been asked to dance.

The public embarrassment ended soon enough, and I slunk away with my free breakfast, thinking: Now there’s an idea that never should have left the conference room.

It didn't look touching on TV, it looked awful.  I had already decided to avoid McDonald's for the time being based on the commercial but my thanks to the author for confirming it.

Authoritarian Quote of the Day

From San Francisco Board of Education member Sandra Fewer:

“Choice is inherently inequitable”

Because some people make choices that their betters, like Ms. Fewer, do not agree with, government needs the power to override individual decision-making.  We will come back to this, but it turns out the problem here may not be too much choice, but too little.

The entire article is about school choice (defined VERY narrowly as the ability to pick what monopoly government school you want to attend, not the ability to take a voucher and pick any school) leading to a greater racial sorting, rather than mixing, in San Francisco schools.

I have no idea why that would be.  And I still have no idea, because the article presented absolutely no facts.  Oddly, my first guess -- that racial sorting of schools might match racial sorting of neighborhoods since people want to send their kids to a school that is close with kids and parents they know -- is not even mentioned until, in passing, it comes up around the 35th paragraph.

One of the issues that seems to be confusing the author is that people sometimes express preferences they don't act on.  You see that in the very examples in the article.  All the parents interviewed say they want a multi-cultural school, perhaps because they are really passionate about that or perhaps because they know they are supposed to say that, but it is not hard to see that these folks care more about having a school nearby with kids and parents with whom they are culturally comfortable.   I find it a little weird that the city with possibly the most famous ethnic neighborhood in the country (ie Chinatown) has trouble understanding that there are totally non-racist reasons why ethnic groups, particularly those who speak other languages, might voluntarily sort.

One funny thing in the article that I have pointed out in other contexts: in the absence of facts people like to explain bad trends (and it is not even established that this is necessarily a bad trend, just a trend that planners don't like) with whatever they were against before the trend revealed itself.  Teachers don't like the school choice system, so school choice is to blame.  Social activists are concerned with income inequality, so they blame the problem on income inequality.

In fact, a lot of the article pursues the inequality thesis, but the interesting lede, in my mind, was buried way way down in the article:

Though the number of racially isolated schools jumped by 22 percent over three years, according to a district study, to date none are more than 60 percent white. Yet in a broader sense, white children are the most isolated in the city.

Whites are 42 percent of the city’s overall population, 33 percent of the children but only 12 percent of public school students. Why aren’t more white children in public school? Again, money appears to be the key factor: The average white San Franciscan makes three times more money than the average black resident. Whites on average also make 66 percent more money than Latinos, and 44 percent more than Asians. Possibly as a result of this wealth, white children are much more likely to be enrolled in private schools than other racial groups.

So the reason public schools are sorting into minority-majority  schools is that whites have mostly bailed from the school system altogether.   My response to this is not that "choice" has created inequality but that choice hasn't gone far enough.  Don't just give public school kids a choice of which crappy public school they want to attend, but hand them the public money the system was going to spend on their education and let them go anywhere for school, just like rich kids.

The Parasite Economy

I had an argument with someone of the Left last night.  We both agreed that crony government protections and favors of businesses were one of the worst problems in the country.  But we couldn't agree on solutions.   It was a chicken and egg thing.  She thought corporations were at fault for seeking them.  I argued that the problem was given the government the power in the first place to grant such requests.  She thought the only way to fight it was by empowering government to put more restrictions on business.  My argument was that increasing the power of government to intervene in the economy only increased the problem.    No resolution.  I run into this all the time and need to think my way through a better way of expressing my concerns.

Anyway, I am reminded of all this because Stossel has a nice piece on the parasite economy and cronyism.

Postscript:  I can say from this discussion that OFA and Media Matters and Common Cause and the like have really done their job on the Kochs because this particular person was absolutely convinced the #1 best thing we could do to improve the future of America was to shut the Kochs up and prevent them from spending any more money on politics and speech.   My son says that is nearly impossible to argue any issue at all on campus without someone laying into the Kochs at some point in the conversation.   I find this whole tendency to conduct politics by vilifying individuals rather than discussing issues -- individuals with absolutely no political position -- totally depressing.  But it must work, because the Republicans did it too, in fact really pioneered this when they went after George Soros and made him the the secret villain behind everything Conservatives hated.   People like Rush Limbaugh may get on the Left nowadays for vilifying the Kochs but go listen to his radio shows from 5 or 10 years ago -- he couldn't go three sentences without saying "Soros".

Infrastructure Bait and Switch

President Obama wants to spend something like a half trillion incremental dollars on "infrastructure".  I have found that these initiatives to sell infrastructure tend to be great bait and switch programs.  Infrastructure is generally the one type of government spending that polls well across all parties and demographics.  So it is used by government officials to pass big spending increases, but in fact what really happens is that the government takes a wish-list of stuff that most of the public would not be OK with increasing spending on, then they put a few infrastructure projects on top like a cherry to sell the thing.  They call it an "infrastructure" program when in fact it is no such thing.

Obama would never do that, right?  Hope and change?  In fact, he already has.  The first time around he sold the stimulus bill as mainly an infrastructure spending bill -- remember all that talk of shovel-ready projects?   Only a trivial percentage of that bill was infrastructure.  At most 6% was infrastructure, and in practice a lot less since Obama admitted later there were no shovel-ready projects.   (also here).  The rest of it was mainly stuff like salary support for state government officials.  Do you think he would have as easily sold the "wage support for state government officials" bill in the depth of a recession?  No way, so he called it, falsely, an infrastructure bill.

The other bait and switch that occurs is within the infrastructure category.  We have seen this at the state level in AZ several times.  Politicians love light rail, for some reason I do not understand, perhaps because it increases their personal power in a way that individual driving does not.  Anyway, they always want money for light rail projects, but bills to fund light rail almost always fail.  So they tack on a few highway projects, that people really want, call it a highway bill and pass it that way.  But it turns out most of the money is for non-highway stuff.  That is the other bait and switch that occurs.

Expect to see both of these with the new infrastructure proposal.

By the way, Randal O'Toole has a nice summary of the drawbacks of light rail and trolley spending

For the past two decades or so, however, much of our transportation spending has focused on infrastructure that is slower, more expensive, less convenient, and often more dangerous than before. Too many cities have given up on trying to relieve congestion. Instead, they have allowed it to grow while they spend transportation dollars (nearly all paid by auto users) on other forms of travel such as rail transit. Such transportation is:

  • Slower: Where highway speeds even in congested cities average 35 miles per hour or more, the rail transit lines built with federal dollars mostly average 15 to 20 mph.
  • More expensive: In 2013, Americans auto users spent less than 45 cents per vehicle mile (which means, at average occupanies of 1.67 people per car, about 26 cents per passenger mile), and subsidies to roads average under a penny per passenger mile. By comparison, transit fares are also about 26 cents per passenger mile, but subsidies are 75 cents per passenger mile.
  • Less convenient: Autos can go door to door, while transit requires people to walk or use other forms of travel, often at both ends of the transit trip.
  • Less safe: For every billion passenger miles carried, urban auto accidents kill about 5 people, while light rail kills about 12 people and commuter trains kill 9. Only subways and elevateds are marginally safer than auto travel, at 4.5, but we haven’t built many of those lately.

A Unified Theory of Poor Risk Management: What Climate Change Hysteria, the Anti-GMO Movement, and the Anti-Vaccination Movement Have in Common

After debating people online for years on issues from catastrophic man-made climate change to genetically-modified crops to common chemical hazards (e.g. BPA) to vaccination, I wanted to offer a couple quick thoughts on the common mistakes I see in evaluating risks.

1.  Poor Understanding of Risk, and of Studies that Evaluate Risk

First, people are really bad at thinking about incremental risk above and beyond the background risk  (e.g. not looking at "what is my risk of cancer" but "what is my incremental added risk from being exposed to X").  Frequently those incremental risks are tiny and hard to pick out of the background risk at any level of confidence.  They also tend to be small compared to everyday risks on which people seldom focus.  You have a far higher - almost two orders of magnitude - risk in the US of drowning in your own bathtub than you have in being subject to terrorism, but which do we obsess over?

Further, there are a lot of folks who seem all-to-ready to shoot off in a panic over any one scary study in the media.  And the media loves this, because it drives the meter on their earnings, so they bend over backwards to look for studies with scary results and then make them sound even scarier.  "Tater-tots Increase Risk of Ebola!"  But in reality, most of these scary studies never get replicated and turn out to be mistaken.  Why does this happen?

The problem is that every natural process is subject to random variation.  Even without changing the conditions of an experiment, there is going to be random variation in measurements.  For example, one population of white mice might have 6 cancers, but the next might have 12 and the next might have zero, all from natural variation.  So the challenge of most experiments is to determine whether the thing one is testing (e.g. exposure to a particular substance) is actually changing the measurements in a population, or whether that change is simply the result of random variation.  That is what the 95% confidence interval (that Naomi Oreskes wants to get rid of) really means.  It means there is only a 5% chance that the results measured were due to natural variation.

This is a useful test, but I hope you can see how it can fail.  Something like 5% of the time that one is measuring two things that actually are uncorrelated, the test is going to give you a false positive.  Let's say in a year that the world does 1000 studies to test links that don't actually exist.  Just from natural variation, 5% of these studies will still seem to show a link at the 95% confidence level.  We will have 50 studies that year broadcasting false links.  The media will proceed to scare the crap out of you over these 50 things.

I have never seen this explained better than in this XKCD cartoon (click to enlarge):

click to enlarge

All of this is just exacerbated when there is fraud involved, an unfortunate but not unknown occurrence when reputations and large academic grants are on the line.  This is why replication of the experiment is important.   Do the study a second time, and all but 2-3 of these 50 "false positive" studies will fail to replicate the original results.  Do it three times, and all will likely fail to replicate.   This, for example, is exactly what happened with the vaccine-autism link -- it came out in one study with a really small population and some evidence of fraud, and was never replicated.

2.  The Precautionary Principle vs. the Unseen, with a Dollop of Privilege Thrown In

When pressed to the wall too hard about the size and quality of the risk assessment, most folks subject to these panics will fall back on the "precautionary principle".   I am not a big fan of the precautionary principle, so I will let Wikipedia define it so I don't create a straw man:

The precautionary principle or precautionary approach to risk management states that if an action or policy has a suspected risk of causing harm to the public or to the environment, in the absence of scientific consensus that the action or policy is not harmful, the burden of proof that it is not harmful falls on those taking an action.

I will observe that as written, this principle is inherently anti-progress.  The proposition requires that folks who want to introduce new innovations must prove a negative, and it is very hard to prove a negative -- how do I prove there are no invisible aliens in my closet who may come out and eat me someday, and how can I possibly get a scientific consensus to this fact?  As a result, by merely expressing that one "suspects" a risk (note there is no need listed for proof or justification of this suspicion), any advance may be stopped cold.  Had we followed such a principle consistently, we would still all be subsistence farmers, vassals to our feudal lord.

One other quick note before I proceed, it turns out that proponents of the precautionary principle are very selective as to where they apply the principle.  They feel like it absolutely must be applied to fossil fuel burning, or BPA use, or GMO's.  But precautionary principle supporters never apply it in turn to, say, major new government programs and regulations and economic interventions, despite many historically justified concerns about the risks of these programs.

But neither of these is necessarily the biggest problem with the precautionary principle.  The real problem is that it focuses on only one side of the equation -- it says that risks alone justify stopping any action or policy without any reference at all to benefits of that policy or opportunity costs of its avoidance.   A way of restating the precautionary principle is, "when faced with risks and benefits of a certain proposal, look only at the risks."

Since the precautionary principle really hit the mainstream with the climate change debate, I will use that as an example.  Contrary to media appellations of being a "denier," most science-based climate skeptics like myself accept that man is adding to greenhouse gasses in the atmosphere and that those gasses have an incremental warming effect on the planet.  What we deny is the catastrophe -- we believe we have good evidence that catastrophic forecasts from computer models are exaggerating future warming, and greatly exaggerating resulting forecast climate changes.  Whenever I am fairly successful making this argument, the inevitable rejoinder is "well, the precautionary principle says that if we have even a small percentage chance that burning fossil fuels will lead to a climate disaster, then we have to limit their use immediately".

The problem with this statement is that it assumes there is no harm or risk to reducing fossil fuel use.  But fossil fuel use pays enormous benefits to everyone in the world.  Even if we could find near substitutes that don't create CO2 emissions (and it is every much open to debate if such substitutes currently exist), these substitutes tend to be much more expensive and much more infrastructure-intensive than are fossil fuels.  The negative impact to the economy would be substantial.  One could argue that one particular impact -- climate or economy -- outweighs the other, but it is outright fraud to refuse to discuss the trade-off altogether.   Particularly since catastrophic climate change may only be a low-percentage risk while economic dislocation from reduction in fossil fuel use is a near certainty.

My sense is that if the United States chose to cut way back on fossil fuel use in a concerted effort, we could manage it and survive the costs.  But that is because we are a uniquely rich nation.  I am not sure anyone in this country understands how rich.  I am not talking just about Warren Buffet.  Even the poorest countries have a few rich people at the top.  I am talking about everybody.  Our poorest 20% would actually be among the richest quintile in many nations of the world.   A worldwide effort to eliminate fossil fuel use or to substantially raise its costs or to force shifts to higher cost, less easily-used alternatives  would simply devastate many developing nations, which need every erg their limited resources can get their hands on.  We are at a unique moment in history when more than a billion people are in the process of emerging from poverty around the world, progress that would be stopped in its tracks by a concerted effort to limit CO2 output.   Why doesn't the precautionary principle apply to actions that affect their lives?

College kids have developed a popular rejoinder they use in arguments that states "check your privilege."  I thought at first it was an interesting phrase.  I used it in arguments a few times about third world "sweat shops".  I argued that those who wanted to close down the Nike factory paying $1 an hour in China needed to check their privilege -- they had no idea what alternatives those Chinese who took the Nike jobs were facing.  Yes, you middle class Americans would never take that job, but what if your alternative was 12 hours a day in a rice paddy somewhere that barely brought in enough food for your family to subsist?  Only later, I learned that "check your privilege" didn't mean what I thought it meant, and in fact in actual academic use it instead means "shut up, white guy."  In a way, though, this use is consistent with how the precautionary principle is often used -- in many of my arguments, "precautionary principle" is another way of saying "stop talking about the costs and trade-offs of what I am proposing."

Perhaps the best example of the damage that can be wrought by a combination of Western middle class privilege and the precautionary principle is the case of golden rice.  According to the World Health Organization between 250,000 to 500,000 children become blind every year due to vitamin A deficiency, half of whom die within a year of becoming blind. Millions of other people suffer from various debilitating conditions due to the lack of this essential nutrient.  Golden Rice is a genetically modified form of rice that, unlike conventional rice, contains beta-Carotene in the rice kernel, which is converted to vitamin A in humans.

By 2002, Golden Rice was technically ready to go. Animal testing had found no health risks. Syngenta, which had figured out how to insert the Vitamin A–producing gene from carrots into rice, had handed all financial interests over to a non-profit organization, so there would be no resistance to the life-saving technology from GMO opponents who resist genetic modification because big biotech companies profit from it. Except for the regulatory approval process, Golden Rice was ready to start saving millions of lives and preventing tens of millions of cases of blindness in people around the world who suffer from Vitamin A deficiency.

Seems like a great idea.  Too bad its going nowhere, due to fierce opposition on the Left (particularly from Greenpeace) to hypothetical dangers from GMO's

It’s still not in use anywhere, however, because of the opposition to GM technology. Now two agricultural economists, one from the Technical University of Munich, the other from the University of California, Berkeley, have quantified the price of that opposition, in human health, and the numbers are truly frightening.

Their study, published in the journalEnvironment and Development Economics, estimates that the delayed application of Golden Rice in India alone has cost 1,424,000 life years since 2002. That odd sounding metric – not just lives but ‘life years’ – accounts not only for those who died, but also for the blindness and other health disabilities that Vitamin A deficiency causes. The majority of those who went blind or died because they did not have access to Golden Rice were children.

Note this is exactly the sort of risk tradeoff the precautionary principle is meant to ignore.  The real situation is that a vague risk of unspecified and unproven problems with GMO's (which are typically driven more by a distrust on the Left of the for-profit corporations that produce GMO's rather than any good science) should be balanced with absolute certainty of people dying and going blind.  But the Greenpeace folks will just shout that because of the "precautionary principle", only the vague unproven risks should be considered and thus golden rice should be banned.

Risk and Post-Modernism

A few weeks ago, I wrote about Naomi Oreskes and the post-modern approach to science, where facts and proof take a back-seat to political narratives and the feelings and intuition of various social groups.  I hadn't really thought much about this post-modernist approach in the context of risk assessment, but I was struck by this comment by David Ropeik, who blogs for Scientific American.

The whole GMO issue is really just one example of a far more profound threat to your health and mine. The perception of risk is inescapably subjective, a matter of not just the facts, but how we feel about those facts. As pioneering risk perception psychologist Paul Slovic has said, “risk is a feeling.” So societal arguments over risk issues like Golden Rice and GMOs, or guns or climate change or vaccines, are not mostly about the evidence, though we wield the facts as our weapons. They are mostly about how we feel, and our values, and which group’s values win, not what will objectively do the most people the most good. That’s a dumb and dangerous way to make public risk management decisions.

Mr. Ropeik actually disagrees with me on the risk/harm tradeoffs of climate change (he obviously thinks the harms outweigh the costs of prevention -- I will give him the benefit of the doubt that he has actually thought about both sides of the equation).  Fine.  I would be thrilled for once to have a discussion with someone about climate change when we are really talking about costs and benefits on both sides of the equation (action and inaction).  Unfortunately that is all too rare.

Postscript:  To the extent the average person remembers Bjorn Lomborg at all, they could be excused for assuming he is some crazed right-wing climate denier, given how he was treated in the media.  In fact, Lomborg is very much a global warming believer.  He takes funding from Right-ish organizations now, but that is only because he has been disavowed by the Left, which was his original home.

What he did was write a book in which he looked at a number of environmental problems -- both their risks and costs as well as their potential mitigation costs -- and he ranked them on bang for the buck:  Where can we get the most environmental benefit and help the most people for the least investment.  The book talked about what he thought were the very real dangers of climate change, but it turned out climate change was way down this ranked list in terms of benefits vs. costs of solutions.

This is a point I have made before.  Why are we spending so much time, for example, harping on China to reduce CO2 when their air is poisonous?  We know how to have a modern technological economy and still have air without soot.  It is more uncertain if we can have a modern technological economy, yet, without CO2 production.   Lomborg thought about just this sort of thing, and made the kind of policy risk-reward tradeoffs based on scientific analysis that we would hope our policy makers were pursuing.  It was exactly the kind of analysis that Ropeik was advocating for above.

Lomborg must have expected that his work would be embraced by the environmental Left.  After all, it was scientific, it achnowleged the existence of a number of environmental issues that needed to be solved, and it advocated for a strong government-backed effort led by smart technocrats doing rational prioritizations.  But Lomborg was absolutely demonized by just about everyone in the environmental community and on the Left in general.  He was universally trashed.  He was called a climate denier when in fact he was no such thing -- he just pointed out that man-made climate change was way harder to solve than other equally harmful environmental issues.  Didn't he get the memo that the narrative was that global warming was the #1 environmental threat?  How dare he suggest a re-prioritization!

Lomborg's prioritization may well have been wrong, but no one was actually sitting down to make that case.  He was simply demonized from day one for getting the "wrong" answer, defined as the answer not fitting the preferred narrative.  We are a long, long way from any reasonable ability to assess and act on risks.

Sorry, But All You Internet Users Appear to Be Idiots

I am just amazed at how many otherwise smart people are rooting for the government to regulate the Internet:

According to a pair of new reports from the Wall Street Journal and the New York Times, the FCC chairman Tom Wheeler will soon do what some net neutrality advocates have been clamoring for for ages: Try to officially reclassify internet service as a telecommunications service under Title II of the Telecommunications Act. That'd effectively put internet access in the same bucket as landline telephone service, which is treated as a public utility in the United States, and would basically ban the paid prioritization of certain web sites and services over others....

We -- along with many of you -- will be watching the outcome of that vote with bated breath. For that matter, so will representatives and head honchoes of the country's internet service providers. A vote in favor of reclassification means that all of those companies will eventually have to deal with way more intense regulatory scrutiny, and do away with plans to treat some web-centric companies with deep pockets as first-class citizens of the internet while the rest of us wait longer for other stuff to load.

So, out of the fear in the last sentence, that some people will get better service than others -- something that, oh by the way, has never really happened so is entirely hypothetical -- you are urging on a regulatory regime originally designed for land-line phone companies, a technology that basically went unchanged for decades at a time.  The phones that were in my home at my birth in 1962 were identical to the one in my dorm room when AT&T was broken up in 1982.  Jesus, we are turning the Internet into a public utility -- name three innovations from an American public utility in the last 40 years.  Name one.

And all you free-speech advocates, do you really think the Feds won't use this as a back-door to online censorship?  We are talking about the same agency that went into a tizzy when Janet Jackson may have accidentally on purpose shown a nipple on TV.  All that is good with TV today-- The Sopranos, Game of Thrones, Arrested Development, etc. etc. etc. results mainly from the fact that cable is able to avoid exactly the kind of freaking regulation you want to impose on the Internet.

Here is my official notice -- you have been warned, time and again.  There will be no allowing future statements of "I didn't mean that" or "I didn't expect that" or "that's not what I intended."   There is no saying that you only wanted this one little change, that you didn't buy into all the other mess that is coming.   You let the regulatory camel's nose in the tent and the entire camel is coming inside.  I guarantee it.

Update:   Apparently the 1934 Telecommunications Act imposes a legal obligation on phone carriers to complete calls no matter who they are from.  Sounds familiar, huh?  Just like net neutrality.  It turns out this law is one of the major barriers preventing phone companies from offering innovative services to block spam calls.

Policing For Profit

Eric Holder should get credit for at least taking some baby steps to limit asset forfeiture abuse (steps it does not appear his nominated successor is going to be very enthusiastic about).  But there is a long way to go, as evidenced by this horror story of CalFire, the US Forest Service and the Holder Justice Department using everything every dirty trick I have ever heard of to extort money from a private company.

Why Can't [X] Be Free

In the Warren Meyer style guide, any phrase like this one -- Why Can't Public Transit Be Free? -- would be reworded "Why Can't Other People Pay For My Transit" so as to be more accurate.  Because it clearly can never be free (short of an Iain Banks post-scarcity future world).  An even more generic title for this would be "why can't non-users pay for users' services?"

One other thought -- since when did "getting people out of their cars" become the goal of public transit?  Is that really a goal worth spending money on?   I understand that many transit advocates have this goal nowadays, but in the new systems being built (outside of New York) there is little or no energy reduction in moving people by transit.   And the cost per passenger mile of these system is much higher than for building more roads for more cars.   And it is no longer about mobility for poorer folks -- new light rails systems cost a fortune, and are built to appeal to professionals and the middle class, while crowding (due to their huge costs) buses that are the traditional source of mobility for the poor.

I get the sense that the argument for transit nowadays is almost aesthetic -- people find cars and roads and suburbs aesthetically distasteful, and want to replace them.  That would explain the focus on insanely expensive light rail systems, that look cool, over buses that actually move people for a reasonable cost.  I saw a great quote the other day, I wish I can remember who said it.  Something like, "Progressives aren't trying to create a rational world, they are trying to create Portland."

update:  Thanks to a reader, here is the actual quote (and source):  "The goal of progressivism is not to make the world rational; it’s to make the world Portland."

I Love the IJ

Closely on the heals of their victory in an asset forfeiture case in New York, the Institute of Justice (IJ) successfully fought the state licensing requirement for hair braiders in Texas.

A 2013 press statement on the Institute for Justice’s website described Brantley’s frustration with the criteria: “This means that Isis must spend 2,250 hours in barber school, pass four exams, and spend thousands of dollars on tuition and a fully-equipped barber college she doesn’t need, all to teach a 35-hour hair-braiding curriculum,” the statement read.

U.S. District Judge Sam Sparks on Monday seemed to agree with Brantley’s concerns that the requirements for hair-braiding entrepreneurs were superfluous. Sparks ruled that the Texas laws were unconstitutional and “absent” a rational connection with Brantley’s intended marketplace, the Associated Press reports.

“I fought for my economic liberty because I believe there is a lot of hope for young people who seek to earn an honest living,” Brantley said in a press statement. “This decision means that I will now be able to teach the next generation of African hair braiders at my own school.”

Good.  Unfortunately, there does not seem to be a way to fight these stupid licensing laws except one at a time, state by state.  And every time we take one on, the incumbent competitors in that business (who are the primary beneficiaries of  licensure that restricts new competition) fight tooth and nail every step of the way.

I will observe that red states are just as bad as blue states on occupational licenses.   This is cronyism, not ideology.  From this site, here are just a few the occupational licenses one still needs in Texas (this is from a school web site, so these are just the ones that have continuing education requirements that this school serves).  I suspect that this list is incomplete, as long as it is, because barbers and hair stylists, the subject of this case, are not even on the list.

Continuing Education Requirements
 Licensed Occupations License Continuing Education Requirements to Renew
Accountants & Auditors Certified Public Accountant Annual CEUs Ethics-2hrs/yr
Acupuncturist Acupuncturist 17 hours CAE/yr
Heating, A/C, & Refrigeration Mechanics & Installers A/C & Refrigeration Contractor Voluntary continuing education
Architect Architect 8 CEPH/year
Athletic Trainer Athletic Trainer 30 clock hours/ 3 years
Judges and Magistrates Attorney 15 CLE hours/year inc. 3 hrs. ethics
Combative Sports Promoter Boxing Promoter Voluntary continuing education
Child Care Administrator Child Care Administrator 15 hours for biennial renewal
Chiropractors Chiropractor 16 hours/year
Compliance Officers Code Enforcement Officer to be required; rules in development
Counselors, Chemical Dependency Chemical Dependency Counselor If also licensed as LMSW, LMFT,LPC, physician, or
psychologist-24 hours CE/2yrs.
If not otherwise licensed, 60 hours.
All hours specific to or related to chemical dependency.
Counselor, Professional Counselor, Professional 12 hours/year inc. 3 hours ethics or legal issues every other yr.
Dental Hygienists Dental Hygienist 12 hours/year
Dentists Dentist 12 hours/year
Dietitians and Nutritionists Dietitian 6 clock hours/year
Drinking Water Utility Plant Operator Certificate Classes 1-3 1-2 courses in water conditioning
Emergency Medical Technicians Emergency Medical Technician Varies by level: see below
Emergency Care Attendants (ECA) 20 contact hours CE/2yrs; 40 hours within 4/yr cert. period
Emergency Medical Technicians (EMT) 40 contact hours CE/2yrs; 80 hours within 4/yr cert. period
EMT-Intermediates (EMT-1) 60 contact hours CE/2 yrs; 120 hours within 4/yr cert. period
EMT-Paramedics (EMT-P) 80 contact hours CE/2 yrs; 160 hours within 4/yr cert. period
Engineers Professional Engineer None required
Fire Fighters Fire Protection Personnel/Firefighter 20 hrs CE/year
Fire Inspectors Fire Protection System Contractor None found
Funeral Directors & Morticians Funeral Director/Embalmer 20 hrs/yr; required 2 hrs-law updates; 2-ethics; 2-vital stats
Salespersons, Retail Hearing Instrument Fitter/Dispenser 20 hrs/yr
Insurance Adjusters, Examiners, & Investigators Insurance Adjuster 30 hrs/2yrs, including 2 hrs/ethics (Most licensees)
Sales Agents & Placers, Insurance Insurance Agent 15 hours CE/yr
Interior Designers Interior Designer 8 hrs/yr
Interpreter Interpreter for the Deaf 75 hrs/5 yrs.
Construction-Irrigator Irrigator, Landscape 8 hours/yr
Surveyors and Mapping Scientists Land Surveyor 8 hrs/yr
Landscape Architects Landscape Architect 8 CEPH/year (CE Program Hrs) TBAE
Police Detectives Law Enforcement Officer 40 hrs/2 yrs Currently in 4 yr cycle
Librarians, Professional Librarian, County
Grades II & III (valid for two years) 3 semester hrs at accredited college
or 20 hrs other continuing education activities
Grade I (permanent)
Marriage &  Family Therapist Marriage & Family Therapist 15 hrs/yr; 3 hrs ethics every 3 yrs.
Massage Therapist Massage Therapist 6 clock hrs/yr
Medical Scientists Medical Physicist, Professional 24 contact hours/2 years
Radiologic Technologists Medical Radiologic Technologist, General 24 hours/2 years
Limited Certificate 12 hours/2 years
Nursing Aides, Orderlies, & Attendants Midwife, Direct Entry 10 hours CE /yr
Licensed Practical Nurses Nurse, Licensed Vocational (LVN) 20 contact hours (2 CEUs)/2 yrs
Registered Nurses Nurse, Registered (RN) 20 contact hours (2 /CEUs)/2 yrs
Nurse Aide, Long Term Care none found
Medicine & Health Services Managers Nursing Facility Administrator 40 hours CE/ 2 yrs
Occupational Therapists Occupational Therapist 30 hrs/2 yrs.
Occupational Therapist Assistant 30 hrs/2yrs
On-Site Sewage Facility Designated Representative 16 hrs/yr
Installer Class I 16 hrs/yr
Installer Class II 16 hrs/yr
Opticians, Dispensing & Measuring Optician 5 hrs/yr for voluntarily registered opticians
Optometrists Optometrist sixteen hours of continuing education/ year inc.
six hours in diagnostic or therapeutic education
Orthotists/Prosthetists Orthotist/Prosthetist
prosthetist or orthotist license 24 hrs/2 yrs
prosthetist and orthotist license 40 hrs/2 yrs
prosthetist or orthotist assistant 12 hrs/2 yrs
prosthetist and orthotist assistant 20 hrs/2 yrs
prosthetic or orthotic technician 6 hrs/2 yrs
prosthetic and orthotic technician 10 hrs/2 yrs
Pawn Broker/Lender Pawnbroker/Lender None found
Cardiology Technologist Perfusionist 45 CEUs/3 yrs
Pest Controllers & Assistants Pesticide Applicator
Private Applicator 15 CEUs/5 yrs ( 2 ea. in laws/regs & integrated pest mgmt.)
Private Applicator Certificate Holder 15 CEUs/5 yrs
Commercial Applicator 5 CEUs/yr (1 ea fr 2 of: laws/regs, integ pest mgmt, drift min)
Noncommercial Applicator 5 CEUs/yr (1 ea fr 2 of: laws/regs, integ pest mgmt, drift min)
Pharmacists Pharmacist 12 hours CE/ yr
Physical Therapists Physical Therapist 3 CEUs (30 contact hours)/2yrs inc. 2 hrs. ethics;
Physical Therapist Assistant 2 CEUs (20 contact hours)/2 yrs inc. 2 hrs. ethics
Physicians and Surgeons Physician 24 hrs CME/yr (at least 12 hours formal courses)
Physician Assistant 40 hrs CME/yr (at least 20 hours formal courses)
Plumbers, Pipefitters, and Steamfitters Plumber 6 hrs/ yr
Podiatrists Podiatric Physician 30 hours CE/2 yrs
Polygraph Examiners Polygraph Examiner voluntary
Detectives/Investigators Private Investigator/Security Guard 12 hrs/2yrs
Psychologists Psychologist 12 hrs/yr
Psychological Associate 12 hrs/yr
Specialist in School Psychology 12 hrs/yr
Sales Agents, Real Estate Real Estate Broker 15 classroom hours MCE/ two years inc. 6 hrs legal topics
Real Estate Sales Agent 30 hours/yr Salesperson Annual Education (SAE)
Construction & Building Inspectors Real Estate Inspector 8 hours core real estate inspection courses/year
Respiratory Therapists Respiratory Care Practitioner 12 hours CE/yr
Sanitarian Sanitarian 12 CE contact hours/yr
Sales Agent, Securities, Commodities, Financial Serv. Securities Dealer/Investment Advisor  none found
Social Workers Social Work Associate 15 hours CE/yr inc. 3 hours in ethics
Licensed Social Worker 15 hours CE/yr inc. 3 hours in ethics
Licensed Master Social Worker 15 hours CE/yr inc. 3 hours in ethics
Municipal Solid Waste Solid Waste Technician Class A-Class D 40 hrs-24 hrs/4 yrs
Speech-Language Pathologists & Audiologists Speech-Language Pathologist/Audiologist 10 hrs/yr; 15 if dually licensed
Tax Examiners, Collectors, & Revenue Agents Registered Texas Assessor Collectors 60 CEUs/5 yrs
Registered Professional Appraisers 60 CEUs/5 yrs
Registered Texas Collectors 25 CEUs/5 yrs
Teacher Teacher none found
Installer Underground Storage Tank Installer 8 hrs/yr
UST On-Site Installer or Remover Supervisor 8 hrs/yr for each license type held
Veterinarians and Veterinary Inspectors Veterinarian 15 hrs/yr; 3 hrs ethics every 3 yrs.
Earth Drillers Water Well Driller/Pump Installer
Continuing Education Requirements
Clinical Laboratory Scientist Clinical Laboratory Scientist/Med. Tech 3.6 CEUs/3 yrs
Clinical Laboratory Technician Clinical Laboratory Technician/ Med. Lab. Tech. 3.6 CEUs/3 yrs
Clinical Laboratory Phlebotomist Clinical Laboratory Phlebotomist 3.6 CEUs/3 yrs
CT(IAC) International Academy of Cytology Cytotechnologist 180 continuing education credits/4 yrs
Genetic Counselor Genetic Counselor, Diplomate 25 CEUs/10 yrs
Histologic technician Histologic Technician 3.6 CEUs/3 yrs
Kinesiotherapist Kinesiotherapist 1.2 CEUs (1 CE = 10 contact hours) / year
Leisure Professional Leisure Professional, Certified 2 CEUs/2 yrs
Music Therapist Music Therapist-Board Certified CE
Orthoptist Orthoptist 15 hours CE/yr
Pathologists' Assistant Pathologists' Assistant Certification process in development
Recreation Therapist Therapeutic recreation specialist, certified 30-50 hours/5 yrs
Surgical Technologist Certified Surgical Technologist 80 CE credits/6 yrs

Minimum Wage Deja Vu

This letter to customers from San Francisco bookstore Borderlands is making the rounds.  Apparently, the new "living wage" legislation in San Francisco is killing this store:

In November, San Francisco voters overwhelmingly passed a measure that will increase the minimum wage within the city to $15 per hour by 2018.  Although all of us at Borderlands support the concept of a living wage in [principle] and we believe that it’s possible that the new law will be good for San Francisco – Borderlands Books as it exists is not a financially viable business if subject to that minimum wage.  Consequently we will be closing our doors no later than March 31st.  The cafe will continue to operate until at least the end of this year.

I find the authors surprisingly open to the Progressive assumptions behind this bill, despite the death of their business.  I don't know if this is a pair of hipsters destroyed by their own cause, or if the nods towards Progressivism are merely boiler plate that is required in any San Francisco conversation, like having a picture of Lenin on your wall in Soviet Russia.

Anyway, I found the language here familiar because I spent most of last year writing such letters to angry customer bases.  In our case, fortunately, we had the ability to raise prices so the letters were to defuse customer irritation rather than to announce a closure.  Here is one example I wrote in Minnesota:

Labor and labor-related costs (costs that are calculated as a percentage of wages, like employment taxes) make up nearly 50% of our costs.  The Minnesota minimum wage is set to rise from $7.20 to $9.50 in the next two years, an increase of 31%.  Since wages and wage-related costs are half our expenses, the minimum wage increase raises our total costs by 15.5%. This means that all by itself, without any other inflation in any other category of expenses, the minimum wage increases will drive a $3.10 increase in our camping fees (.155 x $20).  Note that this is straight math.  The moment the state of Minnesota passed their minimum wage increase, this fee increase was going to be required.

One of the problems with these minimum wage increases is that the people behind them, with their hazy assumptions and flawed understanding of economics, typically think that companies will just absorb the increase.   Our net profit margin runs in the 4% range, so it difficult to see how any such retail company can absorb a 15+% cost increase, but it happens all the time.  After some trial and error, the "this is straight math" phrase seems to work the best in communicating the need for price increases.