Posts tagged ‘race’

Is Occupational Licensing Meant to Block Competition from Ethnic Minorities?

Looking at this map of state licensing regimes (darker is more onerous, with AZ being the worst), it is hard to correlate with states being Republican or Democrat.  That doesn't surprise me, because I have always thought the urge to restrict competition and protect incumbents has always been a bipartisan enterprise.

click to enlarge

 

So I sat and thought for a minute about my home state of AZ.  Why is it the worst?  We have a pretty good libertarian history here, from Goldwater onwards.  We have at least one fairly libertarian Senator (Jeff Flake).  So what is the deal?

My hypothesis is that it is related to immigration.  The same majority Republican legislators who are generally open to free markets simultaneously have an incredible fear and loathing of immigration.  Perhaps our onerous business licensing regime is driven by nativists wanting to protect themselves from competition by new immigrants, immigrants who would struggle to compete onerous licensing requirements?

So what does this map look like vs. immigrant population density?  Via Wikipedia, here are the states on density of Hispanics

click to enlarge

 

Hmm, we might be getting somewhere, but its not a perfect fit.  So instead, let's hypothesize that business licensing is aimed at non-white, non-hispanic groups in general (similar to early justifications for the minimum wage as a way to keep black workers migrating from the south out of traditionally "white" jobs).  I cannot get it by state, but the map below by county looks pretty dang similar to the licensing map.  Areas in blue have above average percent of non-whites, red is below average.

Not a perfect fit certainly (one would expect Texas to be more onerous), but perhaps close enough to treat the hypothesis seriously.  I had always thought that I would be the last one to play the race card in a policy analysis, but business licensing tends to have an inherently base motive (protect one group from competition from another group) that is pretty easy to square with racial and ethnic fear.

 

The Problem with Job Discrimination Legislation

Congress is considering adding gays and lesbians to the list of protected groups covered by the EEOC.  As former chairman of a group that tried to get gay marriage legalized in Arizona (at least until we were shot down by gay rights groups that did not want libertarians or Republicans  helping to lead the effort), I hope I don't have to prove that I have no problem with differences in sexual orientation.  But I have a big problem with Federal employment discrimination law.

If you are unfamiliar with how it works, this is perhaps how you THINK it works:  An employee, who has been mistreated in a company based on clear prejudice for his or her race / gender / sexual orientation, etc. has tried to bring the problem to management's attention.  With no success via internal grievance processes, the employee turns finally to the government for help.

Ha!  If this were how it worked, I would have no problem with the law.  In reality, this is how it works:  Suddenly, as owner of the company, one finds a lawsuit or EEOC complain in his lap, generally with absolutely no warning.  In the few cases we have seen in our company, the employee never told anyone in the company about the alleged harassment, never gave me or management a chance to fix it, despite very clear policies in our employee's manuals that we don't tolerate such behavior and outlining methods for getting help.  There is nothing in EEO law that requires an employee to try to get the problem fixed via internal processes.

As a result, our company can be financially liable for allowing a discriminatory situation to exist that we could not have known about, because it happened in a one-on-one conversations and the alleged victim never reported it.

What I want is a reasonable chance to fix problems, get rid of bad supervisors, etc.  A reasonable anti-discrimination law would say that companies have to have a grievance process with such and such specifications, and that no one may sue until they have exhausted the grievance process or when there is no conforming grievance process.  If I don't fix the problem and give the employee a safe work environment, then a suit is appropriate.  The difference between this reasonable goal and the system we actually have is lawyers.  Lawyers do not want the problem to be fixed.  Lawyers want the problem to be as bad as possible and completely hidden from management so there is no chance it can be fixed before they can file a lucrative lawsuit.

I worry in particular about how this will play out with a new gay/lesbian discrimination law.  We have employed a number of gay couples over the years, and never had any particular internal issue  (I had to defend one couple in Florida from a set of customers who thought that it was inherently dangerous to employ gay people around children camping, but I did so gladly).  But I know I have employees who have religious beliefs different form my own such that they think gay people are damned, evil, whatever.  So now what do I do when I have one of these religious folks in conflict with an employee who is gay?  If I don't separate them, I am going to get sued by the gay person for a hostile work environment.  If I move the gay person, I will get sued for gay discrimination.  If I move or fire the religious person, I will get sued for religious discrimination.

I am happy to work hard to build a respectful, safe work environment, but such laws put me as a business owner in no-win situations.  And the lawyers who craft this stuff consider this a feature, not a bug.  Heads I sue you, tails I sue you.

Race and Modern America

One organization does not ask applicants about race and hires through a race-blind process.  The other organization hires teams of "race raters" to guess applicants' race from their name and picture.  Guess which one is suing the other for being racist.

Coyote on Fox and Friends Discussing Parks

When old guys like me go out to play pickup basketball, we all lay out our excuses before we start playing:  My knee is acting up, my job gives me no time to practice, etc. -- you know the drill.

So here are my excuses for the following video:  I had just arrived in Orlando to run a 10 mile race with my daughter, it was really early in the morning, I was jetlagged, I only had 4 hours of sleep, live TV is hard, live TV from a remote broadcast staring into the camera is harder, my earpiece was loose, I didn't like the questions they asked, etc.

That being said, here I am

 

Also, I missed it on Monday but I got a brief mention in the USA Today editorial.

Government Obsession Over Race

This morning I received yet another mandatory survey from the US Census Bureau.  I have written about these before.  We have to fill out the Census lodging survey (a long and tedious detailed financial report) as well as a myriad of other Department of Labor and Commerce surveys.  Where I can legally, I throw them away.  If I risk prison not filling it out, I do so reluctantly.**

So this morning I got the Survey of Business Owners and Self-Employed Persons (SBO).  Apparently the SBO comes out every five years.  It's got a big MANDATORY stamped on it so with a sigh I started it up online to get it over with.

The survey was mercifully short, but it was bizarre.  After asking me my address, it asked how many owners there were, and then for each owned asked his or her race and gender.  And that was it.  Suddenly the survey was over, particularly quickly for me because I always refuse to answer race questions on surveys.

But that is the sum total of what the government wants to know about business owners - race and gender and nothing else matters I guess.

 

** I know I always engender outraged comments over this.  I refuse to supply the government with data that they will use to pass new laws to make my life harder or take more of my money.  As for economists and academics, they are welcome to pay me for the effort of filling this out but I should not be obligated to labor for their benefit.

Blackberry Handset Business Apparently Valued at Zero

I don't really have a horse in this race, but I found it interesting to look at the deal Blackberry has made to sell itself to a Canadian insurance company.  The part of the business we all know and used to love -- the famous Blackberry handset business -- apparently is worth zero.

In a WSJ article, they cite the following valuations:

  • Cash on hand:  $2.6 billion
  • Patent portfolio:  $1 billion +
  • Blackberry secure phone network:  $1 billion

Given that the price for the transaction is $4.7 billion, that implies the handset / smartphone business is worth zero.  Which comes as no surprise, given Blackberry's eroding position over the last 5 years or so.

The last item on the list above seems to cause a lot of debate.  I don't know enough to participate in that debate, but it appears to me that Blackberry's one last market bastion is the enterprise market where their enterprise servers and more proprietary network gave enterprises more control over their employees devices and how they used them.  Which made their decision in 2012 to apparently obsolete their installed base of enterprise servers with Blackberry 10 all the more bewildering.

I have wondered why Microsoft didn't try to use the enterprise market as a way to get into the tablet and handset market.  It would seem to play to its strengths and neither Android nor iOS are particularly enterprise-friendly.

The Problem With Affirmative Action

Janet Yellen may soon be a victim of affirmative action.  I know that sounds odd, but I think it is true.

To preface, I have no preferences in the competition to become the next head of the Federal Reserve, and assume that Janet Yellen and Larry Summers are equally qualified.   I don't think the immense power the Fed has to screw with the economy can be wielded rationally by any individual, so it almost does not matter who sits in the chair.  Perhaps someone with a bit less hubris and a little more self-awareness would be better with such power, which would certainly mitigate against Summers.

But Yellen has a problem.  When this horse race first emerged in the press, many in the media suggested that Yellen would be a great choice because she was a woman, and qualified.  Most of the press coverage centered (probably unfairly given that she does seem to be quite qualified) on her woman-ness.  This leaves Yellen with a problem because many people were left with a first impression that the reason to choose her was primarily due to her having a womb, rather than her economic chops.

This is the downside of affirmative action.

For the Left, Do Asians "Count"?

I was filling out my EEO-1 forms the other day (that is a distasteful exercise where the government is leading us towards a post-racial society via mandatory reporting on the race of each of my employees).  For each employee there are five non-white categories:  Black, native American, native Hawaiian, Hispanic, and Asian.  I started to think how interesting it is that the Left supports numerous government interventions in support of the first four, but never mentions Asians.

This can't be solely due to lack of past discrimination.   Watch a movie from the 1930's or 1940's and you will see Asians shamelessly stereotyped** as badly as any other race.  And generations who lived and fought WWII had many members, even a majority, that harbored absolute hatred against one Asian people, the Japanese.  We only sent one group to concentration camps in the 20th century, and it was not blacks or Hispanics.  Of course "Asians" is an awfully broad categorization.  It includes Chinese, with whom we have had a complicated relationship, and Indians, for whom most Americans until recently probably have had little opinion at all one way or another.

One problem for many on the Left is the fact that Asians are considered a serious threat (both as immigrants and as exporters) to the Left's traditional blue collar union base.  Another is that they are an emerging threat to their little darlings trying to get into Harvard.  I have heard the squeakiest-clean, most politically correct liberals utter to me the most outrageous things about Asian kids.  Which is why I was not really surprised that white parents in California who claim to support merit-based college admissions immediately change their tune when they find out that this will mean that far more Asia kids will get in.

I have been working with some data on state voting and voter registration patterns by race in the wake of the recent Supreme Court decision vis a vis the Voting Rights Act.  The Left went nuts, saying that blacks and Hispanics would again be discriminated against in the South, and the Obama Administration vowed to get on the case, saying that it would begin with Texas.

By the way, Texas may make perfect sense politically for Obama but is an odd choice based on the data.  Minority voter registration and voting rates as compared to the white population are usually used as an indicator of their election participation and access.  In the last election, according to the Census Bureau in table 4B, blacks in Texas both registered and voted at a higher rate than whites.  In Massachusetts, by contrast, in that same election blacks registered at a rate 10 percentage points lower than whites and voted at a rate about 7 points lower.

But if you really want something interesting in the data, look at the data and tell me what group, if we accept that low participation rates equate to some sort of covert discrimination, deserves the most attention (from the same table linked above):

US Voter Registration Rates (Citizens Only)

White:    71.9%

Black:    73.1%

Hispanic:     58.7%

Asian:     56.3%

US Voting Rates (Citizens Only, last Presidential election)

White:    62.2%

Black:    66.2%

Hispanic:    48.0%

Asian:    47.3%

 

** Postscript:  I am not an expert on discrimination, but I watch a lot of old movies and read a lot of history.  To my eye, stereotyping of Asians has been more similar to anti-Semitic portrayal of Jews than to stereotyping of blacks or Hispanics.  Blacks and Hispanics have most often been stereotyped as lazy and unintelligent.  Asians and Jews are more frequently stereotyped as scheming, plotting, and intelligent-but-evil.  Frank Capra, who directed a lot of good movies also directed a series of heavy-handed propaganda movies for the government during the war.  The one on Japan is interesting -- your gardener's quiet mien is actually masking a nefarious scheme.  Even in the 1940's Japan was portrayed as economically frightening to us.

Update:  Over the last couple of elections, Asians have shifted to voting fairly heavily Democratic.  So a cynical person would suggest that they might suddenly "discover" this group.  We shall see.

Arpaio Busted For Crime Sweeps

I am a little late to this, via the Washington Post

A federal judge ruled on Friday that Sheriff Joe Arpaio and his deputies had violated the constitutional rights of Latinos by targeting them during raids and traffic stops here and throughout Maricopa County...

The ruling prohibits the sheriff’s office from using “race or Latino ancestry” as a factor in deciding to stop any vehicle with Latino occupants, or as a factor in deciding whether they may be in the country without authorization.

It also prohibits deputies from reporting a vehicle’s Latino occupants to federal immigration authorities or detaining, holding or arresting them, unless there is more than just a “reasonable belief” that they are in the country illegally. To detain them, the ruling said, the deputies must also have reasonable suspicion that the occupants are violating the state’s human-trafficking and employment laws or committing other crimes.

Good.  Phoenix residents, even those who support Arpaio, all know people are routinely busted here for "driving while brown."    I remember one time Arpaio made one of his famous "crime sweeps" through the tony suburb of Fountain Hills (where he lives) and managed to arrest dozens of Hispanics -- more Hispanics than I thought one could even find in that neighborhood, much less find committing crimes.  Seriously, I don't think I could have found that many on a bet.

This was one of his more execrable raids

Deputies from the Maricopa County Sheriff's Office raided a Mesa landscaping company early Wednesday morning, arresting nearly three dozen people suspected of being in the country illegally.

The raid on offices of Artistic Land Management, on Main Street just west of Dobson Road, happened about 4:30 a.m., according to one workerwho was handcuffed and detained before being released when he produced documentation that he was in the country legally....

Juarez estimated about 35 workers were handcuffed with plastic zip-ties while deputies checked for documents. Those who could provide proof they were in the country legally were released, while others were put on buses and taken away.

Basically his deputies zip tied everyone with brown skin, releasing them only when they could produce their papers.  It has become a common occurrence in the Hispanic community here to have family members racing to work with identity documents to free loved ones from Arpaio captivity.

Here is just a partial roundup of links on Arpaio here.

Genetics, Race and IQ

Brink Lindsey has an great article discussing race, genetics and IQ.  It's hard to excerpt, but here is a bit of it:

A study of twins by psychologist Eric Turkheimer and colleagues that similarly tracked parents' education, occupation, and income yielded especially striking results. Specifically, they found that the "heritability" of IQ - the degree to which IQ variations can be explained by genes - varies dramatically by socioeconomic class. Heritability among high-SES (socioeconomic status) kids was 0.72; in other words, genetic factors accounted for 72 percent of the variations in IQ, while shared environment accounted for only 15 percent. For low-SES kids, on the other hand, the relative influence of genes and environment was inverted: Estimated heritability was only 0.10, while shared environment explained 58 percent of IQ variations.

Turkheimer's findings make perfect sense once you recognize that IQ scores reflect some varying combination of differences in native ability and differences in opportunities. Among rich kids, good opportunities for developing the relevant cognitive skills are plentiful, so IQ differences are driven primarily by genetic factors. For less advantaged kids, though, test scores say more about the environmental deficits they face than they do about native ability.

I have been struggling to articulate my issues with IQ for a long time.  I have always been frustrated with the nature vs. nurture arguments on intelligence, because I have always thought the answer is both.  But Brink's article get's me thinking along the lines of this simple model:

iq

In this model, intelligence is not a product that works straight out of the box, so to speak.  It's an engine with some inherent potential that requires a lot of fine-tuning and a long break-in period to reach that potential. Let's say in the US suburbs our kids have a development percentage of 0.9 (we have to leave room for future Flynn Effect -- it would be awesome if it turned out we were only at 0.5).  I assume education is an exponential rise to a limit, where early gains are easy but incremental gains at the margin are harder and harder to achieve.

development

If this is the case, then US suburban kids are probably pretty tightly clustered around that 0.9 (say from 0.88 to 0.92).  This cluster seems tight but again remember in an exponential rise to a limit, the effort and expense to take a kid from 0.88 to 0.92 might be very very large**.  In this situation, measured IQ is going to be driven mainly by genetics, with a wide bell curve in native intelligence dwarfing the effect of a much tighter bell curve around development.  Small improvements in educational development in this model both come at a high price and have little effect on measured IQ.

In a different sort of society, say in rural Mexico, kids might be much lower on the development scale, say around 0.6, due to cultural factors, educational opportunities, even diet.  In this case, large changes can occur in measured intelligence even from small changes in education (the steep part of the curve) and difference in education and development might be at least as important as the genetic contribution.

** Postscript:  Some may object that differences in education seem to be much larger than these in US schools, but we have to make sure we are talking about the same output.   Here we are solely talking about the ability to improve IQ as measured by IQ tests.  There are many other things education does than just polish native intelligence and cognitive ability.  It teaches skills.  For example, it teaches one to write.   I would agree that there are huge differences in schools in their ability to produce kids that can write good 5-paragraph essays, or complete a calculus problem, or understand how to analyze a historical document.

Obama Didn't Need to Order IRS Crackdown on the Tea Party

There won't be any direct order found telling the IRS to go hassle Conservative groups.  That's not the way it works.  Obama's style is to "other" groups he does not like, to impugn their motives, and to cast them as pariahs beyond the bounds of civil society.  Such and such group, he will say, opposes me not because they have reasonable differences of opinion but because they have nefarious motives.  Once a group is labelled and accepted (at least by your political followers) as such, you don't have to order people to harass them. They just do it, because they see it as the right thing to do to harass evil people.  When Joe Nocera writes this in support of Obama in no less a platform as the NY Times, orders are superfluous

You know what they say: Never negotiate with terrorists. It only encourages them.

These last few months, much of the country has watched in horror as the Tea Party Republicans have waged jihad on the American people. Their intransigent demands for deep spending cuts, coupled with their almost gleeful willingness to destroy one of America’s most invaluable assets, its full faith and credit, were incredibly irresponsible. But they didn’t care. Their goal, they believed, was worth blowing up the country for, if that’s what it took...

He concludes by saying

For now, the Tea Party Republicans can put aside their suicide vests. But rest assured: They’ll have them on again soon enough. After all, they’ve gotten so much encouragement.

There are probably some deeply confused people in the IRS right now -- after all they were denying tax exempt status to terrorists, to enemies of America.  They should be treated like heroes, and now they are getting all this criticism.  So unfair.

Postscript:  And they are racists.  Racist terrorists.

But Obama, in his most candid moments, acknowledged that race was still a problem. In May 2010, he told guests at a private White House dinner that race was probably a key component in the rising opposition to his presidency from conservatives, especially right-wing activists in the anti-incumbent "Tea Party" movement that was then surging across the country.

This is totally the Obama way of fighting a political battle.  He is saying, "forget their stated reasons for opposing me, such as opposition to the health care law, to Wall Street bailouts, and to rising government debt.  They really oppose me because they are racists and I am black."  Obama's opposition are absolutely never, ever people of good will who simply disagree.

PS#2:  It's pretty hilarious the NY Times published Nocera's "Tea Partiers are Terrorists" editorial just 6 months after they editorialized against incivility in the context of the Giffords shooting, which by the way had as much to do with civility in public discourse as the Benghazi attacks had to do with a YouTube video.  In fact, it sure seems like this administration has a history of falsely blaming tragedies on their political opposition's speech.

Arrogance and Coercion

Years ago I had an argument with my mother-in-law, who is a classic Massachusetts liberal  (by the way, we get along fine -- I have no tolerance for the notion that one can't be friends with someone who has a different set of politics).  The argument was very clarifying for me and centered around the notion of coercion.

I can't entirely remember what the argument was about, but I think it was over government-mandated retirement programs.  Should the government be forcing one to save, and if so, should the government do the investment of those savings (ie as they do in Social Security) even if this means substantially lower returns on investment?

The interesting part was we both used the word "arrogant."  I said it was arrogant for a few people in government to assume they could make better decisions for individuals.  She said it was arrogant for me to assume that all those individuals out there had the same training and capability that I had to be able to make good decisions for themselves.

And at the end of the day, that is essentially the two sides of the argument over government paternalism boiled down to its core.  I thought coercion was immoral, she thought letting unprepared people make sub-optimal decisions for themselves when other people know better is immoral.  As with most of my one on one arguments I have with people, I left it at that.  When I argue face to face with real people, I have long ago given up trying to change their minds and generally settle for being clear where our premises diverge.

I am reminded of all this reading Bruce McQuain's take on Sarah Conly's most recent attempt to justify coercive paternalism (the latter is not an unfair title I have saddled her with -- it's from her last book).  Reading this I had a couple of other specific thoughts

  1. I am amazed how much Conly and folks like her can write this stuff without addressing the fundamental contradiction at its core -- if we are so bad making decisions for ourselves, why do we think the same human beings suddenly become good at it when they join government?  She would argue, I guess, that there are a subset of super-humans who are able to do what most of us can't, but how in a democracy do we thinking-impaired people know to vote for one of the supermen?  Or if you throw our democracy, what system has ever existed that selected for leaders who make good decisions for the peasants vs., say, selected for people who were good generals. 
  2. Is there any difference between Conly's coercive paternalism and Kipling's white man's burden?  Other than the fact that the supermen and the mass of sub-optimizing schlubs are not differentiated by race?  It's fascinating to see Progressives who are traditionally energized by hatred of colonialism rejuvinating one of imperialism's core philosophical justifications.

Disney Princess Half Marathon

Well, as promised, I wanted to post our race day picture from the half marathon.  This was done for my daughter's benefit, who set the goal to run a half marathon about 6 months ago and figured the promise of a Disney trip would be incentive to stay on top of her training.

princess_marathon_s

She schlepped that tutu and that tiara for the whole 13.1, walking only at a couple of the last water stops.  This event was 95% women, and attracts a LOT of folks who really don't run the whole thing, so it was a great place for her to begin.  It's also pretty laid back, as there are actually character photo ops every mile, though we skipped those.  I have not seen our time, but we probably did about 2:45.  That's 20 minutes worse than my time five years ago -- it would be nice to say I was holding back to stay with my daughter but in fact she pulled me through the last mile.  Muscles and cardio were fine but the knees and ankles really can't take it any more.  But I proudly wore this bad boy all day.

If you are interested in this sort of thing, it was a great event, going through two of their parks.  The only problem is that it has to take place before the parks are open, so we had to set the wake-up call for 3:15 AM.  Uggh.  The butt-crack of dawn, as my sister calls it.

And yes, I did help make the tutu, with the aid of this video.  It is videos like that that remind me there are whole worlds of which I am virtually unaware.   Note the number of views - 1.4 million, on making a tutu.

The New Deal and Black Ghettoization

I have been watching the old PBS documentary series (in that Ken Burns style but I don't think by Ken Burns) and found this an interesting story of government policy fail that I had never heard much about.  Much like segregated train and bus service, racial redlining that is commonly blamed on private enterprise in fact began as government policy

Government policies began in the 1930s with the New Deal's Federal Mortgage and Loans Program. The government, along with banks and insurance programs, undertook a policy to lower the value of urban housing in order to create a market for the single-family residences they built outside the city.

The Home Owners' Loan Corporation, a federal government initiative established during the early years of the New Deal went into Brooklyn and mapped the population of all 66 neighborhoods in the Borough, block by block, noting on their maps the location of the residence of every black, Latino, Jewish, Italian, Irish, and Polish family they could find. Then they assigned ratings to each neighborhood based on its ethnic makeup. They distributed the demographic maps to banks and held the banks to a certain standard when loaning money for homes and rental. If the ratings went down, the value of housing property went down.

From the perspective of a white city dweller, nothing that you had done personally had altered the value of your home, and your neighborhood had not changed either. The decline in your property's value came simply because, unless the people who wanted to move to your neighborhood were black, the banks would no longer lend people the money needed to move there. And, because of this government initiative, the more black people moved into your neighborhood, the more the value of your property fell.

The Home Owners' Loan Corporation finished their work in the 1940s. In the 1930s when it started, black Brooklynites were the least physically segregated group in the borough. By 1950 they were the most segregated group; all were concentrated in the Bedford-Stuyvesant neighborhood, which became the largest black ghetto in the United States. After the Home Owners Loan Corp began working with local banks in Brooklyn, it worked with them in Manhattan, the Bronx, and Queens.

The state also got involved in redlining. (Initially, redlining literally meant the physical process of drawing on maps red lines through neighborhoods that were to be refused loans and insurance policies based on income or race. Redlining has come to mean, more generally, refusing to serve a particular neighborhood because of income or race.) State officials created their own map of Brooklyn. They too mapped out the city block by block. But this time they looked for only black and Latino individuals.

The academics interviewed in the series argued that nearly every black ghetto in the country was created in the 1930's by this program.

One of the Year's Most Distasteful Activities

The government just sent me a letter informing me that it is time, in the name of creating a race-blind society, to categorize all my employees by race, count them up, and report everyone's color to the government.

As an aside, I found this bit of privacy reassurance to employees to be pretty funny.  This is suggested language for an employer to use when asking, "um, by the way, can you tell me what race you are?"**

"The employer is subject to certain governmental recordkeeping and reporting requirements for the administration of civil rights laws and regulations. In order to comply with these laws, the employer invites employees to voluntarily self-identify their race or ethnicity. Submission of this information is voluntary and refusal to provide it will not subject you to any adverse treatment. The information obtained will be kept confidential and may only be used in accordance with the provisions of applicable laws, executive orders, and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement. When reported, data will not identify any specific individual."

So the private data you share will only be used if Congress writes a law, the President issues an executive order, or a bureaucrat writes a rule saying they can use it.  And this is comforting?  Our President claims the right to assassinate Americans by executive order, for God sakes, and this paragraph makes people feel better about categorizing themselves with the government in ways that, in the past, have been used by numerous governments in a variety of pogroms.

 

** I do not allow my supervisors to even ask.  We just do our best from our knowledge of all the employees.  My vision of the relationship I have with my employees does not include inquiring about their race (or religion, or sexual orientation) in an official capacity.  It also, does not encompass testing their bodily fluids, which is why I refuse to bid on management contracts that require drug testing of our employees.

 

Profile on the Corporate-Regulatory State

This article from the Chicago Tribune on fire retardants has everything, from regulations that benefit a small industry group to tort lawyers effectively forcing the propagation of a bad standard to playing the race card and the "for the children" card in policy debates.   Here is a bit of history I did not know:

These chemicals are ubiquitous not because federal rules demand it. In fact, scientists at the U.S. Consumer Product Safety Commission have determined that the flame retardants in household furniture aren't effective, and some pose unnecessary health risks.

The chemicals are widely used because of an obscure rule adopted by California regulators in 1975. Back then, a state chemist devised an easy-to-replicate burn test that didn't require manufacturers to set furniture on fire, an expensive proposition.

The test calls for exposing raw foam to a candle-like flame for 12 seconds. The cheapest way to pass the test is to add flame retardants to the foam inside cushions.

But couches aren't made of foam alone. In a real fire, the upholstery fabric, typically not treated with flame retardants, burns first, and the flames grow big enough that they overwhelm even fire-retardant foam, scientists at two federal agencies have found.

Nevertheless, in the decades since that rule went into effect, lawyers have regularly argued that their burn-victim clients would have been spared if only their sofas had been made with California foam. Faced with the specter of these lawsuits — and the logistical challenge of producing separate products just for California — many manufacturers began using flame retardant foam across their product lines.

The "if only the manufacturer had used technology X, little Sarah would not be dead" argument should be very familiar to readers of Walter Olson's blog.  Part II of the story argues that the Tobacco industry helped reinforce this story to shift the blame for fires started by cigarettes to the furniture (can't any of this be, you know, the person's fault who dropped burning items onto flammable items?)

It also, by the way, has plenty of elements of environmental panic in it.  For example:

"When we're eating organic, we're avoiding very small amounts of pesticides," said Arlene Blum, a California chemist who has fought to limit flame retardants in household products. "Then we sit on our couch that can contain a pound of chemicals that's from the same family as banned pesticides like DDT."

I am open to believing that flame retardant chemicals pose some harm to humans, though one must posit some way for them to get out of the foam and into people for it to be harmful (just existing nearby is not enough).  Further, being from the "same family" as another chemical is meaningless, particularly as compared to DDT which was banned for suspected thinning of bird eggs and not for demonstrated harm to humans.

I finally read through all four parts  of the story, and its interesting to compare the approaches to science.  The authors make a really good case that the science of flame retardants effectiveness is deeply flawed and that lobbying pressure and actions in tort cases have led to their expanded use rather than any particular benefit.

But the authors' scientific standards change wildly when it comes to their own side's science (I write it this way because the authors clearly have  a horse in the race here, they want these chemicals banned). I kept waiting for their bombshell study that these chemicals posed a danger, but we never get it.  All we get is the typical journalistic scare quotes about trace quantities of these chemicals being found in house dust and in certain animals.

OK, but with improving detection technology, we are constantly finding traces of chemicals at tiny levels we did not know were there before.   How much risk do they pose?  We never find out.  It would be nice to know.  I'm convinced I would rather not have this crap in my couch, but there has to be a better standard for legislation than this.  Ironically, the whole point of their story is to highlight regulation pushed by small groups based on bad science, and their response is to ... mobilize a group to push different legislation based on bad science.    There is a heck of a lot of "OK for me but not for thee" here.

Here is what is really going to happen:  After years of being stampeded by tort lawyers into putting these chemicals into furniture as a defense against "you should have..." lawsuits based on bad science, these same furniture makers are now going to be sued by people claiming the chemicals make them sick based on bad science.   And yet another industry will find itself in a sued-if-you-do-sued-if-you-don't trap.

The one group never interviewed in all four parts were furniture makers.  It would have been fascinating to get an honest interview out of them.  I am sure they would say something like "legislatures just need to tell us what they freaking want, chemicals in or out, and then shield us in the courtroom when we follow the law."

Update:  The updates to the story are classic.  After describing how the race card was abused in what should have been a straight up fight over chemical effectiveness and safety, the authors then pen a story called "Higher Levels of Flame Retardants in Minority Children."  It's OK, I guess, to play the race card in a scientific debate if it is for your own side.

Whatever the Motives, the Results Look Eerily Like Racism

I have been reading of late some histories of Germany in the 1930's, with a particular emphasis on racial laws and policy.   Over time the expanding bans on Jewish participation in the economy and society as well as preferences given to non-Jews for government jobs led to some practical problems, including:

  • What percentage of Jewish blood made one Jewish?  The Nazis messed around with this problem a long time, in part because of Hitler's absolute reluctance to get involved in such details.  Was it one grandparent?  Three grandparents?
  • How does one test for such things?  In the thirties, there was an boom in geneology research in Germany, as everyone raced around trying to figure out what evidence was sufficient to establish someone's race

It would be nice to think we put this kind of thing to bed, but here we are in the 21st century running around trying to answer the exact same questions

This story reminded me of the 1980s case of the twin red-haired Boston firefighters who claimed to be black, based on a photo of a great-grandmother and alleged oral history. While I remembered that they had gotten fired for their alleged fraud, I didn’t remember this detail:

Under current rules, said [general counsel to the state personnel office] Ms. Dale, candidates who say they are members of minority groups are judged by appearance, documented personal history and identification with a minority community. Disputes over claims of minority status are resolved by the Department of Personnel Administration.

 And indeed, there eventually was a two-day administrative hearing, in which the hearing officer determined that the twins failed all three criteria, and thus were not black. A judge upheld the ruling, finding that the twins had claimed minority status in bad faith.I have to admit being under the impression until now that as a legal matter, minority status was an in issue of self-reporting. But at least in the Massachusetts Civil Service system, one can get fired for “racial fraud.”

  • Every year, in the name of some sort of racial harmony, I have to sit down and report to the government on the race of each of my employees.  For 364 days a year I can ignore the race of my employees, but one day a year the government makes me wallow in it.  Here are part of the instructions:

Self-identification is the preferred method of identifying the race and ethnic information necessary for the EEO-1 report. Employers are required to attempt to allow employees to use self-identification to complete the EEO-1 report. If an employee declines to self-identify, employment records or observer identification may be used.

Where records are maintained, it is recommended that they be kept separately from the employees basic personnel file or other records available to those responsible for personnel decisions.

Race and ethnic designations as used by the Equal Employment Opportunity Commission do not denote scientific definitions of anthropological origins.

I am told we are trying to create a society free of racism, but the results sure look a lot like racism to me.

March of the Protected Groups

From California State contract language I am reviewing:

During the performance of this Contract, Concessionaire and its employees shall not unlawfully discriminate, harass, or allow harassment against any employee, applicant for employment, or any member of the public because of sex, sexual orientation, race, color, religious creed, marital status, need for family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, need for pregnancy disability leave, or need for reasonable accommodation.

This is at least double the length of such passages in contracts I saw 8 years ago.  I wonder what the list will look like in another 10 years?

This used to be simple -- treat everyone equally.  But this is no longer sufficient to conform.  New groups added to the list require accommodations of one sort or another.  Non-discrimination requirements have morphed for us from "treat everyone the same" to "here is a list of groups with special privileges."  Generally, it's not that hard at present to fulfill but who knows how onerous it will be in a decade or two?

Totally Irresponsible

I am seldom surprised at NBC's behavior -- after all, this is the network that ran the exploding pickup truck story, only to admit later that it put model rocket engines in the fuel tanks to ignite the cars during simulated crashes because the they weren't catching fire on their own.

But NBC's editing of the Zimmerman 911 tapes to make them more inflammatory really sets a new low.  The country was practically on the verge of race riots, with groups actually posting dead-or-alive bounties for Zimmerman, and NBC purposefully edited the tape from neutral to incendiary?

Heartland Documents: Whose Biases are Being Revealed Here?

I could not resist commenting on the brouhaha around the stolen Heartland Institute documents in my column at Forbes.  The key one that is the "smoking gun" now appears to be fake.  I wrote in part:

One reason I am fairly certain the document is fake is this line from the supposed skeptic strategy document:

His effort will focus on providing curriculum that shows that the topic of climate change is controversial and uncertain – two key points that are effective at dissuading teachers from teaching science.

For those of us at least somewhat inside the tent of the skeptic community, particularly the science-based ones Heartland has supported in the past, the goal of "dissuading teachers from teaching science" is a total disconnect.  I have never had any skeptic in even the most private of conversations even hint at such a goal.  The skeptic view is that science education vis a vis climate and other environmental matters tends to be shallow, or one-sided, or politicized -- in other words broken in some way and needing repair.  In this way, most every prominent skeptic that works even a bit in the science/data end of things believes him or herself to be supporting, helping, and fixing science.  In fact, many skeptics believe that the continued positive reception of catastrophic global warming theory is a function of the general scientific illiteracy of Americans and points to a need for more and better science education (see here for an overview of the climate debate that does not once use the ad hominem words "myth", "scam" or "lie").

The only people who believe skeptics are anti-science per se, and therefore might believe skeptics would scheme to dissuade teachers from teaching science, are the more political alarmists (a good example was posted today right here at Forbes, which you might want to contrast withthis).  For years, I presume partially in an effort to avoid debate, certain alarmists have taken the ad hominem position that skeptics are anti-science.  And many probably well-meaning alarmists believe this about skeptics (since they may have not actually met any skeptics to know differently).  The person who wrote this fake memo almost had to be an alarmist, and probably was of the middling, more junior sort, the type of person who does not craft the talking points but is a recipient of them and true believer.

At the end I make a sort of bet

 If the strategy memo turns out to be fake as I believe it to be, I am starting the countdown now for the Dan-Rather-esque "fake but accurate" defense of the memo -- ie, "Well, sure, the actual document was faked but we all know it represents what these deniers are really thinking."  This has become a mainstay of post-modern debate, where facts matter less than having the politically correct position.

But in the first update I note the winner may already be delcared

Is Revkin himself seeking to win my fake-but-accurate race?   When presented with the fact that he may have published a fake memo, Revkin wrote:

looking back, it could well be something that was created as a way to assemble the core points in the batch of related docs.

It sounds like he is saying that while the memo is faked, it may have been someones attempt to summarize real Heartland documents.  Fake but accurate!  By the way, I don't think he has any basis for this supposition, as no other documents have come to light with stuff like "we need to stop teachers from teaching science."

Great Moments in Bad Ideas

Via the Weekly Standard (with video):

Gene Sperling, director of the White House's national economic council, said today at an official meeting that "we need a global minimum tax":

Pegging our tax rates to France is almost as good an idea as pegging our exchange rates to Greece.

Also, this statement is a hilarious mass of contradictions

“He supports corporate tax reform that would reduce expenditures and loopholes, lower rates for people investing and creating jobs in the U.S., due so further for manufacturing, and that we need to, as we have the Buffett Rule and the individual tax reform, we need a global minimum tax so that people have the assurance that nobody is escaping doing their fair share as part of a race to the bottom or having our tax code actually subsidized and facilitate people moving their funds to tax havens," Sperling said.

He wants to lower rates for people investing, but he wants to institute the Buffett Rule, which effectively raises taxes on people whose income is substantially dividends and capital gains, ie people who invest.  He wants special rates for creating jobs and extra special rates in manufacturing, but he wants to get rid of loopholes, most of which were created at least with the nominal intent of spurring investment in certain sectors, particularly manufacturing.

Shoe on the Other Foot

Just six months ago, governments were criticizing ratings agencies for letting threats by debt security issuers cow them into keeping ratings for bad debt higher than they should be (emphasis added)

Moody’s and Standard & Poor’s, Wall Street’s two largest credit rating agencies, were roundly criticized in the Levin-Coburn Senate reportfor betraying investors’ trust and triggering the massive mortgage-backed securities sell-offs that caused the 2008 financial crisis.

Credit rating agencies are supposed to provide independent, third-party credit assessments to help investors understand the risks in buying particular securities, debts and other investment offerings. For example, securities that have earned the highest ‘AAA’ rating from Standard & Poor’s (S&P) should have an “extremely strong capacity to meet financial commitments” or have “a less than 1% probability of incurring defaults.” Investors would use the ratings to help evaluate the securities they’re seeking to buy.

However, the standard practice on Wall Street is fraught with conflicts of interest. In reality, the credit rating agencies have long relied on fees paid by the Wall Street firms seeking ratings for their mortgage-backed securities, collateralized debt obligations (CDOs), or other investment offerings. The Levin-Coburn report found the credit agencies “were vulnerable to threats that the firms would take their business elsewhere if they did not get the ratings they wanted. The ratings agencies weakened their standards as each competed to provide the most favorable rating to win business and greater market share. The result was a race to the bottom.” Between 2004 and 2007, the “issuer pay” business model fostered conflicts of interest that have proven disastrous for investors.

I have no problem with this analysis.  But it's ironic in contrast to the very same governments' reactions to their own downgrades over the last 6 months.  In fact, the general government reaction from Washington to Paris has to be to ... wait for it ... threaten the agencies in order to keep their ratings up.  And these threats go farther than just loss of business - when the government issues threats, they are existential.  It's hard to see how the US or French government's behavior vis a vis downgrades has been any different than that of banks or bond issuers that have faced downgrades.

In general, the tone of government officials has been "what gives them the right to do this to us?"  The answer to that question is ... the government.  These self-same governments were generally responsible for mandating that certain investors could only buy certain securities if they are rated.  And not just rated by anyone, but rated by a handful of companies that have been given a quasi-monopoly by the government on this rating business.

Google and Government

This is a pretty interesting interview with Eric Schmidt of Google.  I am running out the door and don't have time to excerpt it, but in short, Schmidt is quite critical of the ability of government to intelligently regulate technology.

His solution is telling.  There is nothing here about reducing the power and scope of government, despite his clear and concise description of its consistent structural failures.  His solution:  more power for my guys.  That way, when Washington plays its game of sacrificing the less connected in favor of the well connected, we will do OK.

I am working on this concept for my next Forbes column vis a vis the Occupy Wall Street movement.  The OWS folks seem incoherent to us, because, in short, they complain about people having unfair power over them and then their solution is ... to give other people more power.   I have reconciled this in my mind with a cold war analogy.  Everyone accepts the arms race as a fact, and so the only way to survive is to have more nukes than the other guy.  The only way to deal with power, is to get more power for my side.

Frankly, its time for disarmament.  As a retailer, I get irritated with credit card processors, but I understood when Congress was considering regulation of interchange fees that giving the Feds the power to set credit card terms, rather than the banks, was not going to make things any easier, just shift the costs from more to less favored constituencies (and consumers are always the least favored constituency).

More later as I sort this out in my head.

Update on the State of Race Relations in America

So here is an interesting local story giving us a window into race relations.    First, a black comedian named Katt Williams (I never heard of him either) called a Mexican man a "nigga" and told him to go back to Mexico.   Then a Hispanic woman created a profanity-laced 6-minute video calling Katt Williams "a white supremacist."

Outstanding.  Actually, I think that this has little to do with race relations and more to do with a post-modernist view of language.  I am still working on writing about this phenomenon, wherein certain political phrases have become all-encompassing insults or descriptors of the opposition, wholly stripped of their original meaning.  Thus "Soros-funded" or "Koch-funded" become synonyms for being extreme left or libertarian, rather than actually being supported by any evidence of such funding.  My interest in this topic began with a comment on Kevin Drum's site, where one sympathetic reader smacked Tea Partiers as merely mouthing Republican talking points, and the proceeded to repeat in now-standard terminology every Democratic talking point about the Tea Party.  The juxtaposition was so obvious I thought it might be performance art rather than a real comment.

Did CLOUD Just Rain on the Global Warming Parade?

Today in Forbes, I have an article bringing the layman up to speed on Henrik Svensmark and this theory of cosmic ray cloud seeding.  Since his theory helped explain some 20th century warming via natural effects rather than anthropogenic ones, he and fellow researchers have face an uphill climb even getting funding to test his hypothesis.  But today, CERN in Geneva has released study results confirming most of Svensmark's hypothesis, though crucially, it is impossible to infer from this work how much of 20th century temperature changes can be traced to the effect (this is the same problem global warming alarmists face -- CO2 greenhouse warming can be demonstrated in a lab, but its hard to figure out its actual effect in a complex climate system).

From the article:

Much of the debate revolves around the  role of the sun, and though holding opposing positions, both skeptics and alarmists have had good points in the debate.  Skeptics have argued that it is absurd to downplay the role of the sun, as it is the energy source driving the entire climate system.  Michael Mann notwithstanding, there is good evidence that unusually cold periods have been recorded in times of reduced solar activity, and that the warming of the second half of the 20th century has coincided with a series of unusually strong solar cycles.

Global warming advocates have responded, in turn, that while the sun has indeed been more active in the last half of the century, the actual percentage change in solar irradiance is tiny, and hardly seems large enough to explain measured increases in temperatures and ocean heat content.

And thus the debate stood, until a Danish scientist named Henrik Svensmark suggested something outrageous -- that cosmic rays might seed cloud formation.  The implications, if true, had potentially enormous implications for the debate about natural causes of warming.

When the sun is very active, it can be thought of as pushing away cosmic rays from the Earth, reducing their incidence.  When the sun is less active, we see more cosmic rays.  This is fairly well understood.  But if Svensmark was correct, it would mean that periods of high solar output should coincide with reduced cloud formation (due to reduced cosmic race incidence), which in turn would have a warming effect on the Earth, since less sunlight would be reflected back into space before hitting the Earth.

Here was a theory, then, that would increase the theoretical impact on climate of an active sun, and better explain why solar irradiance changes might be underestimating the effect of solar output changes on climate and temperatures.

I go on to discuss the recent CERN CLOUD study and what it has apparently found.