Archive for September, 2010
Credit Where It’s Due, National Journal Edition
A week ago today, I questioned both the premises and purpose of an upcoming National Journal forum on ObamaCare and job creation. The forum’s promotional materials touted the new health care jobs that the law will create as a Good Thing, even though we already have too many health care jobs. All in all, it looked to be a very dignified pro-Obama(Care) rally, funded by one of ObamaCare’s biggest beneficiaries, the drugmaker Eli Lilly. The Washington Examiner‘s Tim Carney picked up on the story. Then Instapundit added his own pithy interpretation: “Hey, the Atlantic media empire needs money. Eli Lilly has it. Plus, it boosts Obama. Win-win!” (Actually, I believe that would be win-win-win.)
To its credit, National Journal has since added balance to the forum and its panel. I received a promotional email today that reframes the event by asking, “are the right jobs being created?” (Emphasis mine.) They’ve also added AEI’s Tom Miller to the panel, who I’m guessing will cast a skeptical eye on the value added by these new health care jobs. Now the event looks to be a dignified and balanced discussion of ObamaCare.
National Journal still describes ObamaCare as “reform,” which I submit compromises objectivity. But this is progress. Kudos to them.
Filed under: Cato Publications; General; Government and Politics; Health Care
David Friedman: The Machinery of Criminal Defense
I once went to another Washington think tank to hear an advertised lecture by David Friedman, “author and professor of law and economics at Santa Clara University.” The great libertarian author of The Machinery of Freedom, speaking at a liberal-establishment Washington think tank? Cool. So I showed up early, took a seat by the wall, and was crushingly disappointed to discover that the speaker was in fact some other David Friedman, who was decidedly no libertarian, and I was pinned in and couldn’t leave. They told me later that an intern got the wrong bio off the web. Always blame the intern.
So anyway, I just wanted Cato-at-Liberty readers to notice that our new paper “Reforming Indigent Defense: How Free Market Principles Can Help to Fix a Broken System,” which Tim Lynch wrote about here, is in fact co-written by “the real David Friedman,” the son of Milton Friedman, the professor of law and economics with a Ph.D. in physics, the author of the early libertarian classic The Machinery of Freedom as well as such other books as Hidden Order, Law’s Order, and Future Imperfect — yes, that David Friedman.
So even if you didn’t think you were interested in the topic of voucherizing legal aid for indigent defendants, just consider that David Friedman is always interesting.
Is an Education Free Market Really ‘Totally Insane’
Matt Yglesias thinks my assertion that we would be better off economically if education money stayed with taxpayers rather than going to public schools and universities is “totally insane.” Ouch!
Now, I can actually understand this, because many people have difficulty envisioning things other than what they’ve always known. But have I really gone all Crazy Eddie? If government didn’t spend taxpayer dough on education, would the poor be much worse off than they are today? Can we never over-invest in schooling because education is just so important? Does the college wage premium mean we should never ratchet down subsidies for college education? And is it at least possible that spending more and more public dough doesn’t lead to more or better education — by which I mean actual, valuable learning — as much as more waste?
Unfortunately, it seems Ygelsias didn’t follow any of the links I provided in the post containing the line he objected to, which furnished some valuable data answering these important questions. And, by the way, it really was just one line he seemed to dislike – the point of the post was to argue against spending yet more taxpayer dough on an education-centered stimulus, not for complete separation of school and state. And, of course, tax-credit-based school choice leaves taxpayers in control of their money without eliminating support for education.
But let’s start answering our questions in more depth so that Mr. Yglesias and others can start to think outside of the “how we’ve always done it” box.
Crocodile Dundee vs Australia’s Tax Police
Here’s a Reuters story about the Australian Tax Office harassing Paul Hogan, better known to Americans as Crocodile Dundee, because of a tax dispute. The grinches at the tax office took advantage of Hogan’s return for his mother’s funeral to hold him hostage, refusing to let him leave the country until he coughs up some cash. It appears that the tax police in Australia are just as politicized and above the law as the IRS. Hogan has never been charged with tax evasion and there are plenty of signs that the bureaucrats want to make him a high-profile victim to justify the amount of money that has been squandered in a probe of supposed offshore evasion.
Actor Paul Hogan, star of the “Crocodile Dundee” movies, has vowed to continue fighting the Australian tax office which has barred him from leaving Australia until he pays a massive bill, saying he’s victim of a witch hunt. Hogan, 70, was served with a departure prohibition order 10 days ago while in Australia to attend his 101-year-old mother’s funeral which has prevented him from leaving to return to Los Angeles where he lives with his wife and son. The Australian Tax Office refused to comment on reports of seeking tax on A$38 million ($34 million) of allegedly undeclared income from Hogan, saying it cannot give details of individual taxpayers. But the actor went public in the Australian media this week to put forward his side in his five-year row with the tax office, saying he had done nothing wrong and the tax office was on a witch hunt for a high-profile case. …”If I was a tax evader, which I’m not, I must be the dumbest one in the world to keep coming back here instead of fleeing to a tax haven … I know they’re absolutely desperate to nail some high-profile character with money to justify the expense to the taxpayer.” Hogan, who was once a painter on the Sydney Harbour Bridge, is under investigation as part of Australia’s biggest probe into offshore tax evasion, Operation Wickenby. The operation is budgeted to cost at least $300 million. The tax office has claimed he put tens of millions of dollars in film royalties in offshore tax havens, a claim that he has denied. He has never been charged with tax evasion.
This story is symbolic of a bigger issue, which is the the unfortunate tendency of governments to create ever-more oppressive and misguided laws in response to failures of existing policy. We see this in the failed War on Drugs, which leads to trampling of civil liberties and erosion of privacy. We see it in the failed War on Poverty, which leads to more redistribution that further traps people in dependency. We see it in the failed government-run education system, which wastes more money every year as outcomes remain stagnant and children from poor and minority communities suffer.
In the case of tax policy, politicians impose high tax rates and punitive forms of double taxation. As anybody with a modicum of common sense could predict, this bad tax policy undermines economic performance and drives economic activity to jurisdictions with better tax law. The politicians then have two ways to respond. They can lower tax rates and reform tax systems, an approach that simultaneously would boost growth and improve compliance (as happened during the Reagan years). Or they can tighten the thumbscrews on taxpayers, trample their rights, and conspire with other high-tax nations to punish the jurisdictions that do have good policy.
Not surprisingly, most politicians choose the latter approach. And the attack on low-tax jurisdictions is a particularly loathsome part of their response. As this video explains, tax competition is a liberalizing force in the world economy and the effort by high-tax nations to penalize so-called tax havens is driven by a statist impulse to prop up decrepit and inefficient welfare states:
Lessons in Crony Capitalism
From this week’s Washington Post:
Afghanistan’s Central Bank has taken control of the country’s biggest and most politically potent private bank and ordered its chairman to hand over $160 million worth of luxury villas and other real estate purchased in Dubai for well-connected insiders, according to Afghan bankers and officials.
Farther down the page the article continues:
Kabul Bank previously had been shielded by the political clout of its shareholders who, in addition to Mahmoud Karzai [President Hamid Karzai’s brother, who partly owns Kabul Bank], include Haseen Fahim, the brother of Vice President Mohammed Fahim.
If this hostile takeover wasn’t questionable enough, the article goes on to report:
Kabul Bank’s biggest creditor, bank insiders said, is Haseen Fahim, a minority shareholder, who borrowed tens of millions of dollars to fund various business ventures, which in turn won contracts at U.S. bases and sites in Afghanistan operated by the CIA.
So, in an effort to stamp out corruption, which U.S. officials have prodded Afghanistan’s President Hamid Karzai to do, he orders his Central Bank to take managing control of the country’s largest private bank, which, I might add, “also contributed to President Karzai’s reelection campaign last year.”
At the risk of oversimplifying, the above-cited transaction sounds like a stark lesson in crony capitalism: an allegedly capitalist economy based on close relationships between politically connected business figures and the state. This U.S.-led nation-building charade in Afghanistan sounds eerily reminiscent of the state-controlled corruption surrounding Afghanistan’s mineral mining laws:
“Article 4: Ownership of Minerals
(1) All naturally occurring Minerals and all Artificial Deposits of Minerals on surface or subsurface of the territory of Afghanistan or in its water courses (rivers and streams) are the exclusive property of the State.”
Well, it’s nice to see that we are exporting our system around the world!
On Tonight’s John Stossel Show (FBN)
I’m a guest on tonight’s John Stossel program on the Fox Business Network, on the subject of the consequences of the twenty-year-old Americans with Disabilities Act (ADA). The show was shot live to tape yesterday in New York and was fascinating throughout; even those who think they know this subject well will learn a lot. I’m also quoted in John’s latest syndicated column on the same issue.
Among the highlights of the taping: a disabled-rights lobbyist defended several extreme applications of the law, including the notion that it might be appropriate to force networks to hire someone who suffers from stuttering as on-air television talent. We also shed some light on the state of California’s up-to-$4,000-a-violation bounty system for freelancers who identify ADA violations in Main Street businesses, and the case for at least requiring complainants to give business owners notice and an opportunity to fix an ADA violation before suing. (The disabled-rights lobby has managed to stifle that proposal in Congress for years.) Also mentioned: the suit against the Chipotle restaurant chain recently covered in this space.
Donald Shoup on Free Parking
Donald Shoup, the author of The High Cost of Free Parking, has posted a response to my first post about Tyler Cowen’s op ed against free parking. Shoup points out that I erroneously attributed proposals to him that are in fact only urged by his followers, such as maximum-parking requirements and requirements that all businesses charge for parking. I apologize for that.
In fact, Shoup’s book argues that cities should eliminate minimum-parking requirements and charge market rates for on-street parking. I favor these things as well. Where we may disagree is about the effects of these policies.
My post pointed out that many municipalities do not have minimum-parking requirements, but businesses still offer plenty of free parking to their employees and customers. Shoup asks for “a list of some of these.” Virtually all counties in Texas, most counties in Nevada, and many counties in Indiana have no minimum-parking requirements, and I am sure I could find counties in many other states as well. Unlike California, where Shoup lives, and Oregon, where I live, these states do not restrict urban development to within city limits or urban-growth boundaries, and developments in unincorporated parts of these counties offer plenty of free parking.
What’s Behind the Decline in Illegal Immigration? It’s the Economy, Stupid
A Pew Hispanic Center report released today confirms what has been widely known, that the number of illegal immigrants in the United States has dropped sharply since 2007. The real argument is over what’s behind the decline.
According to Pew’s Jeffrey Passel and D’Vera Cohn, the annual inflow of unauthorized immigrants dropped by two-thirds during 2007-09 compared to 2000-05. That plunge has contributed to an overall decline in the total number of illegal immigrants in the United States from a peak of 12 million in March 2007 to 11.1 million in March 2009. Pew calls this “the first significant reversal in the growth of this population over the past two decades.”
Advocates of more restrictive immigration policies have been quick to credit increased enforcement for the decline, but that thesis doesn’t hold up to scrutiny. While enforcement efforts have indeed been ramped up in the past couple of years, the change has not been dramatic. Resources devoted to border and interior enforcement have been increasing pretty steadily since the early 1990s.
It seems implausible that more recent, incremental increases would have such a visible effect when years of increased enforcement efforts before now so visibly failed. In fact, the same restrictionists who constantly complain that nothing has been done to enforce our immigration laws are among those now praising that supposedly non-existent enforcement for the drop in illegal immigrants. They can’t have it both ways.
The more obvious explanation is the steep economic recession that began to bite in 2008. The downturn has been especially brutal in the housing and construction industries where many illegal immigrants found employment during the previous boom. As evidence, the decline in the number of illegal immigrants has been steepest in those states, such as Nevada, California, and Florida, where the housing downturn has been the most severe.
When the economy revives, I predict the inflow and population of illegal immigrants will begin expanding again, too. This problem will not be solved until Congress and the president work together to enact comprehensive immigration reform that widens opportunities for legal immigration.
Reforming Indigent Defense
We know that most of the people arrested and prosecuted in our criminal courts are indigent. We also know that indigent legal representation is scandalous in many places around the country. What to do? The conventional remedy to this problem has been a plea to spend more money on our overburdened public defender organizations. However, a new Cato paper takes a fresh look at this subject and proposes an entirely new model for the delivery of indigent legal services — defense vouchers that will empower defendants to choose their own attorneys. Authors Stephen Schulhofer and David Friedman explain how such a system could be implemented and why it can be expected to provide an effective cure for the major ills of indigent defense organization.
From the Executive Summary:
The uniform refusal of American jurisdictions to allow freedom of choice in indigent defense creates the conditions for a double disaster. In violation of free-market principles that are honored almost everywhere else, the person who has the most at stake is allowed no say in choosing the professional who will provide him one of the most important services he will ever need. The situation is comparable to what would occur if senior citizens suffering from serious illness could receive treatment under Medicare only if they accepted a particular doctor designated by a government bureaucrat. In fact, the situation of the indigent defendant is far worse, because the government’s refusal to honor the defendant’s own preferences is compounded by an acute conflict of interest: the official who selects his defense attorney is tied, directly or indirectly, to the same authority that is seeking to convict the defendant.
Check it out.
Are the Anti-War Left and the Tea Party Just Two Sides of the Same Coin?
Responding to my POLITICO Arena post this morning about the Tea Party’s potency as a notional political force, David Biespiel, poet, editor, writer, and founding executive director of the Attic Writers’ Workshop in Portland, Oregon, points to opposition to the Iraq War as he argues that “the anti-war left were tea partiers before being tea partiers was cool!” Look here and scroll down a bit for Biespiel’s argument and my response.
The Rumors of Manufacturing’s Death Have Been Greatly Exaggerated
“US manufacturing grows for 13th straight month” is the headline of an AP newswire story posted around noon today. This statistic doesn’t surprise me, since I’ve been following developments in U.S. manufacturing for many years now, and have published analyses of public data that refute the myth of deindustrialization and manufacturing decline.
With the exception of the recession of 08-09, when all U.S. economic sectors took a hit, U.S. manufacturing has been breaking its own record, year after year, with respect to output, value-added, profits, returns on investment, exports, and imports. U.S. factories are the world’s most prolific, accounting for 21.4% of global manufacturing value added in 2008 (China accounted for 13.4%).
But I bring the AP headline to your attention for one reason: so that you can judge for yourself who has any credibility on Capitol Hill, within the executive branch, in the media, among organized labor, in industry, in the think tank world, and within the international trade bar, as Nancy Pelosi tries to stuff a ruinous anti-China trade bill down our throats in the name of supporting our floundering manufacturing base. Look for the columns, the op-eds, the press releases, and the floor statements between next week and November.
Who among them will continue to cite our suffering manufacturing sector as the justification for protectionism? They should never again have any credibility.

