Tuesday, March 08, 2011

State Pensions Probably Worse Than Everyone Thinks

Reason Magazine's Veronique de Rugy takes a look at just how bad state pension mismanagement or more accurately mis-reporting might be.
For decades state officials have encouraged adults to believe in the financial equivalent of the Tooth Fairy: that state pensions can yield high returns while being risk-free. Now taxpayers are in for a serious toothache.

Nearly every state offers defined-benefit pension plans for public employees. Financed through a mix of employee and employer contributions along with the investment returns on pension funds, a defined-benefit plan represents a contractual obligation to dole out a set amount in annual payments for as long as the recipient lives, regardless of whether there are sufficient assets in the fund at the time of the employee’s retirement.

One would think this obligation to pay no matter what would have led states to invest conservatively and plan ahead. Instead, they have been following accounting rules that pretty much guarantee the funds will be unsustainable.

First, by law, states are not required to pony up regular contributions to pension systems. Lawmakers generally jump on any opportunity to be fiscally irresponsible, so many states have deferred pension payments and used their share of the contribution to increase spending in other areas.
Yes you read that right--by law the state--that is the employer of state workers--have not had to pay their portion of the pension contribution. They have been able to, and regularly do, defer making the payments in order to fund other projects. The result is that the amount of money available to make investments to get a return is not there--so the return is not as much.

States have an unrealistic vision of a rate of return--8 percent. So using that number (as unrealistic as it is), if there is $100 million in the coffers, 8 percent is $8 million. But if the state hasn't put their share into the coffers--then that $100 million might be significantly less. Over time that underfunding actually results in drastically less in terms of return.

De Rugy also points out that public pension accounting rules and private pension accounting rules are very different, resulting in very different outcomes.

But make no mistake--public pensions are screwed up and the ultimate victims are going to be the taxpayer.


Monday, March 07, 2011

What Are the Limits of a Court's Power to Order Medical Treatment?

Eugene Volokh has an interesting post on the question of whether a court may order treatment on a woman on the basis of "delusional" religious beliefs.

“During a hearing conducted on March 1, 2011, the District Court determined that L.K. is not competent to make her own medical decisions and directed that she undergo a radical hysterectomy on March 3, 2011, against her desires. L.K. objects to the surgery on religious grounds, and expert testimony admitted at the hearing indicated that her religious objections are delusional.” So states an order of the Montana Supreme Court, in Office of State Public Defender on Behalf of L.K. v. Montana Fourth Judicial District Court; the Montana Supreme Court stayed the district court’s order, and ordered an expedited appeal.

So an expert testified that L.K.'s religious beliefs are delusional, but by whose standard?  One of the most commonly held religious beliefs, spanning almost the entire breadth of world religion is the belief in an afterlife or reincarnation or something similar, that is a belief that the soul will live beyond the corporal existence of the body.  We accept that religious tenant despite having almost no empirical proof of its existence.  One could argue that after millennia of a dearth of proof of an afterlife, that maintaining such a belief is delusional.

The trial court, presumably based on expert testimony as to the delusional nature of L.K., ordered her to undergo an hysterectomy, despite L.K.'s own testimony that she wants to have children, that her husband is agreeable AND that she might change her mind about undergoing the recommended procedure.  Since, informed consent is the hallmark of medical treatment, and this woman has, in an apparently rational basis, considered the advice, consulted with her husband and remains open to the notion that she might changer her mind and have the procedure, I am wondering how the trial court came to the conclusion to force her to undergo the procedure? From the portion quoted above, it does not say that L.K. is completely incompetent or otherwise insane, only that the religious beliefs underlying her objection are delusional.   How far can the courts go to require otherwise competent, religiously zealous, person to undergo medical treatment against their will?

This case has some serious implications beyond this single dispute. Is religious zeal now a "condition" by which someone can be determined to be legally incompetent to make their own medical decisions?  It seems to me that there is a case for arguing that the court has infringed upon someone's right to the free exercise of their religion.

What if we are talking about other medical treatments, other than a radical hysterectomy?  Could a court order a heart surgery?  Could a court order a kidney transplant?  What about other life-saving treatments that are not so radical?  Could a court order a morbidly obese person into treatment involving exercise and diet changes?  What if the person is objects on the grounds that "God made me fat and who am I to disagree with God?  It's his plan and I am but a part of that plan."  There might be no question that the person will likely die if they don't exercise and alter their diet, but I find it to be perfectly normal to believe that God's plan might include morbidly obese people.  That is not delusional or at least, I don't see how it is delusional.

Since we are talking, in L.K.'s case, about reproductive health, could a court order an abortion?  Could the court order an abortion even when doctors are certain that either the baby or the mother or both will die as a result of carrying the child to term?  What if the mother AND the father, both competent, agnostic or atheist adults believe that it is wrong to terminate a pregnancy and that view is not based on any religious doctrine?  What if those agnostics or atheists want to, in light of all the advice to the contrary, carry the child to term despite the risks?  How can a court order a procedure when a sane person has made an informed choice?  Where does the court draw the line as far as whose life is more important?

Is this not the opposite of the question of "death panels" wherein governmental bureaucracy might ration health care in cases where they deem it to be unlikely to succeed?  IN other words, are we going to have a health and legal system that can at once deny care in some cases and require and enforce care in others?  How is that freedom or liberty?

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Saturday, March 05, 2011

Good to Know

Hey guys, the next time you get caught by your wife or girlfrield staring at that super models rack or that girl in the mall with the improbably low cut blouse, you can tell your wife or girlfriend that is is helping your heart health.

Staring at breasts increases heart health according to a German study. Nice, very nice.






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Friday, March 04, 2011

Seniority should not make teachers immune to layoffs

Herein lies the problem with collective bargaining, you get laws and policies that might actually hurt students as New York is learning, seniority should not make teachers immune to layoffs, but that is exactly what happens:

If, as seems likely, New York City must lay off thousands of teachers
because of budget problems, Mayor Michael Bloombergwould like a say in who goes
and who stays. Topping his list of those who should lose their jobs are
2,671 teachers who have been rated unsatisfactor over the past five years, 882
teachers who lack a teaching license, 291 whom an arbitrator found to be
incompetent or guilty of malfeasance and 183 with recrods of excessive lateness
or absenteeism. But state law enshrining the policy of "last in, first
out" doesnt' allow performance to be a factor and that means good teachers -
possibly even great teachers - are likely to be forced out of the
classroom.

The last hired, first fired policy results from years of collective bargaining whereby the unions and their leadership develop all of the institutional memory that results from negotiating multiple contracts over time. The politicians, particularly at the local level, tend to either be transitory--that is moving up the political ladder or leaving office after a short period of time--or they remain in offce due to support from the unions. As a result, there is not a significant check on the long-term strategy of moving the goal posts as step or two each year. If a new union came in and demanded a "last hired, first fired" structure, they would not get. But if you start by setting up seniority rights on other aspects, such as transfers or benefits, then over time the power of the long term teachers grow and it is over time that they take more and more benefits and power.

The poltical bodies that are supposed to be a check on the matter tend to focus only on the short term, that is the next budget, or the next couple of years. Teachers unions, on the other hand, can afford to take the long view and so they do.

As a check on this power, the trick has to be to completely scrap every contract and every provision to start from scratch every time. There cannot be hold over provisions, side agreements or addenda that remain in place from contract to contract. These added on provisions are often brought in through incorporation by reference, rather than explicitly being written out in the new contract. The political body, the school board or local city or county council, don't have the resources or institutional knowledge to know what the incorporated documents say or don't say. But the union negotiators do, having spent years and multiple negotiating cycles to learn these provisions. But if the contract is a single document, no references, no incorporations, and no addenda that aren't renegotiated each time, the resulting contract would be free from these last hired, first fired provisions that might actually end up hurting a school system or students.


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This Week's Playlist

It has been a slog over the past couple of weeks at work, so blogging has been, shall we say, a bit light.  However, I am trying to get back.

I am a child of the 80's and musically, it was a time when my tastes began to diversify (particularly later in that time frame), but I started getting a taste of different styles.  I was (and always will be) a rock and roll guy, I started testing different ideas.  Here is my list of 1980's songs that I still enjoy 20+ years later.


  1. Money for Nothing by Dire Straits.  Seriously, this must have been the 1980's MTV anthem, with Sting ethereal lead in and hook to Mark Knopfler's picked guitar lick and crafty lyrics.  The video was brilliant and remains so today.
  2. Beat It by Michael Jackson.  Yep, I liked Michael, particularly on the Thriller album.  Say what you will, the man was a genius performer.  When I heard the guitar solo, I knew who it was, even though most of my friends didn't believe me--I knew Eddie Van Halen's guitar work.  This was a harder Michael and I had to decide between this song and Thriller, but went with this one because this was the song that got me into Jackson as an artist who was more than just fancy dancing and pop songs.
  3. The Heart of Rock & Roll by Huey Lewis & The News.  Huey Lewis & the News were on a tear with Sports, but this song just gets me going and as an added bonus, provides a great geography lesson in music.  Their later albums had much more of a jazz feel, but Sports hit the big time.
  4. Owner of  a Lonely Heart by Yes.  Progressive rock extraordinaires, Yes was a favorite my father's.  Their early stuff was a tad pretentious (lots of prog rock was), but so very orchestral.  They were a band that showed that rock was music and didn't have to be a 3/4 or 4/4 time with a simple melody to be good.  90125 was a brilliant album that put Yes back on the musical map.  I also like Leave It from the album as well.  Now about that snake in the video, still don't get that.
  5. Sledgehammer by Peter Gabriel.  An iconic video, a basic beat and superbly sung lyrics made Gabriel a household name with this song.  I had heard Gabriel with Genesis (my father a big fan of them) and with some solo work ("Shock the Monkey" and "Solosbury Hill") but when I hear Gabriel, I think Sledgehammer and Solosbury Hill.  But Solosbury Hill was not released in the 1980's so doesn't make the cut.
  6. On the Loose by Saga.  This Canadian quintet was largely underrated.  They were in heavy rotation early on MTV, particularly with this song.  I think a lot of people looked at them as a bit too theatrical, but their musicality was terrific, with complex guitar riffs and keyboard overlaying a solid rhythmic core.  Worlds Apart remains one of my favorite albums as a whole unit, with each song occupying a perfect place.   
  7. Abacab by Genesis.  The song and album named for the chord progression was probably the last of Genesis' more "progressive" rock albums.  Not long after this, Phil Collins hit it big as a solo artist and Genesis took off with Invisible Touch.  The musical outro seems to go on a bit too long for me, but this is still a brilliant song showing off the hallmarks of prog rock music, with different time signatures and slightly less than easily followed lyrics.
  8. Cool the Engines by Boston.  Third Stage was a brilliant album, and while still recognizably Boston, a little different with more ballads.  Cool the Engines though is classic Boston, big heavy bass and drums and Tom Scholz's multi-layered guitars.  Brad Delp's vocals never sounded better and the song really does progress from the rising beginning, blistering middle sections with Delp and Scholz reaching their peak and then easing off.  A song that suits its name.
  9. Photograph by Def Leppard.  Pyromania put the boys from Sheffield on the world musical map and Photograph led the charge.  The guitar/drum combo intro is easily recognizable and instantly put you in the groove.  While Hysteria solidified Def Leppard's sound, you can hear the sound coalescing in this album.  
  10. Jump by Van Halen.  Van Halen with David Lee Roth hit new heights with this album and this song is about as straight forward rock and roll as you can get.  While this was not the first time Van Halen has used synthesizers in their albums, this song was the first to make such prominent use of them, but it doesn't cheapen the experience.  What usually went unnoticed in this band was Michael Anthony and Alex Van Halen, probably one of the best bass/drum pairings in rock and they never missed a beat in this song.
  11. Rain on the Scarecrow by John Cougar Mellencamp.  Mellencamp had something to say with Scarecrow, an album that showed a distinct break from his previous work, much darker, moodier and yes more political.  Rain on the Scarecrow still stands as a truly brilliant song, evocative of the problems facing farmers.  The lyrics are powerful and while political, still tell a story without being too preachy.
  12. Where the Streets Have No Names by U2.  From big stars to superstars with one album, The Joshua Tree solidified U2 as a world wide band and as a band whose politics went beyond just Ireland.  Musically, Joshua Tree was an eclectic group of songs that still hung together.  This song is, in my mind, the more "mainstream" of the songs, except maybe the ballad "With or Without You," but it still is a classic of musicianship and lyrics.
  13. Tom Sawyer by Rush.  No compilation of my 80's songs would be complete without Rush's Tom Sawyer.  Prog rock musicality, high pitched signing, Neil Peart's drums and slightly gravelly guitars on a recognizable synth track.  I loved this song then and I love it now.
  14. If Looks Could Kill by Heart.  Barracuda and Magic Man remain my all-time favorite Heart songs and the 1980s saw the Wilson sisters in big hair and tight clothes, but still solid musicians.  This is a slightly less known rocker from their self-titled album that brought you "Never" and "These Dreams" this song was simply more like the Heart of the late 70's, rockers first and balladeers second.
  15. Promises in the Dark by Pat Benatar.  This rocker always gets me going.  Benatar's massive vocal range is highlighted a couple of times here, her ability to make her voice a little rough on some lyrics and absolutely ethereal in the next breath simply demonstrates why she won so many Grammy's.  Husband Neal Gerardo's guitar work is classic.  The length of time she holds that note in the middle/end of the song never fails to get me.
  16. Born in the U.S.A. by Bruce Springsteen.  He was always a rocker, always a story song writer, but this album put Bruce on the map globally.  The organ/synthesizer melody line is recognizalbe instantly.  I knew this would be a classic.  
  17. Sweet Child O' Mine by Guns & Roses.  This song changed the way I looked a metal and hair bands.  The basic guitar riff and slow guitar solo remains two of the best guitar lines ever written and while Axel Rose might be a chucklehead, he and the rest of G&R knew how to put together some rocking songs.  This song may have changed music in the late 1980's, paving the way for grunge, but what a way to change it.  I even sang this song to my oldest daughter as a lullaby--that is the beauty of the song.
  18. Cult of Personality by Living Colour.  What can I say about this New York City foursome.  This song's brilliant lyrics, punchy drums and some of the coarsest guitar work ever brought about one of the greatest debuts ever.  So solid were these guys that they opened for the Rolling Stones when no one had ever heard of them.  Vernon Reid is one of the most criminally underrated guitarists/songwriters around and the way he plays guitar is amazing, from the gravel of Cult of Personality to the funk of Funny Vibe, they did it all on the Vivid Album and only got better with age.
  19. Don't Stop Believin by Journey.  Another 1980's arena band classic, which will always remain with me as the song my friends and I performed in an air band contest in 7th grade.  The piano work at the beginning is brilliantly crafted and the lyrics tell a pretty story.  
  20. Take Me Home by Phil Collins.  A lot of people might remember this video of Collins appearing in various iconic places around the world, but I love this song for the way it builds up.  In particularly, if you listen to teh drum loops, how they are distinct, but as more are introduced they emphasize each other.  Some of the lyrical turns of phrase as absolute genius.  This may not be Collins' most famous song, but as a musical journey, it is one of his best.  




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Thursday, March 03, 2011

It's Spreading

Union threats against legislators who look to limit collective bargaining for public sector workers.

Nice.

More on those BS Statistics onf Wisconsin's Educational "Prowess"

This time from Iowahawk who compared in a real way, the comparison between non-union Texas educational ability and the unionized Wisconsin.
The point being, I suppose, is that unionized teachers stand as a thin chalk-stained line keeping Wisconsin from descending into the dystopian non-union educational hellscape of Texas. Interesting, if it wasn't complete bullsh**.
(Edit is mine since I do try to keep this blog free from swearing as much as possible (although it sometimes limits me from choosing the absolute right word).



Wednesday, March 02, 2011

Chief Justice Roberts Has a Sense of Humor

Jonathan Adler at the The Volokh Conspiracy pulls a great quote from the recent opinion in FCC v. AT&T, a case in which AT&T was asserting a "personal privacy" protection to avoid disclosure of corporate information in from FOIA requests made of the Federal Communications Commission, Chief Justice Roberts wrote:
We reject the argument that because “person” is defined for purposes of FOIA to include a corporation, the phrase “personal privacy” in Exemption 7(C) reaches corporations as well. The protection in FOIA against disclosure of law enforcement information on the ground that it would constitute an unwarranted invasion of personal privacy does not extend to corporations. We trust that AT&T will not take it personally.

Monday, February 28, 2011

Not much is being said from the Obama Administration after a pirate attack on an American yacht left 4 Americans dead.

Now, I don't think we need as big a military budget as we have, and certainly not spending the money on the things we spend money on, but when it comes to American might, that is the point.

It was once said that a Roman citizen could walk from one end of the Roman Empire to the other without fear of molestation, because should a Roman citizen be accosted, woe be unto the criminal for the entire might of the Roman Army would come crashing down on their head. When outsides could harass Roman Citizens, it was the beginning of the end of the Roman Empire.

Much could be said about America under Obama. People don't respect Americans anymore and not because Americans aren't worthy of respect, but because no one fears that President Obama would send a SEAL Team or Delta Force to come knocking on the door of the pirates. Swift reaction, immediate consequences and deadly results will ensure that Americans can travel abroad without fear. The fact that we hear nothing is simply a sign that the Obama Administration does not believe in the superiority of America.




Friday, February 18, 2011

Seriously?

From the so stupid you can't make this up files

Woman Protests Cleavage By Showing Her Own Breasts

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Thursday, February 17, 2011

Perry the Platypus Would Eat Arthur and Binky for Lunch

Instapundit notes that PBS is politicizing the cartoon character Arthur, the oversized aardvark. An Instapundit reader responds:

Having 8 year old triplets, I have watched my share of children’s programing. And for the record, Phineas and Ferb kick Arthur’s ass. The theme of the show is that kids can accomplish cool things with quiet confidence. The stars are NEVER mean, and they constantly foil their controlling would be nanny of a big sister. Oh, and the music is killer.

All the product of two guys pitching the idea for 16 years before production and without a nickel of tax payer assistance.

Perry the Platypus would eat Arthur and Binky for lunch. Don’t get me started on DW.

I couldn't agree more--Phineas and Ferb is my absolute favorite animated show after the Simpsons. These two kids and the entire show are brilliant. I can't say enough about the mindset of P & F, the notion that they can do anything they want. Even the so-called bully in the show is a good friend to "his nerd." Say waht you want, P&F is a great show and it is not even subsidized.

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Obamanomics 101: Borrowing to pay debt isn’t debt-debt

I love this story,Obamanomics 101: Borrowing to pay debt isn’t debt-debt. So what is it? White House Press Secretary Jay Carney seems to think that it is something else--one of those "investments" the President is always talking about.

ABC's Jake Tapper needs a medal for this question.
TAPPER: If I borrow money from you — to pay — to pay off the interest for -

CARNEY: You may owe me.

TAPPER: Ten-year rule. If I borrow money from you to pay off the interest for the debt I owe to Geoff, am I not adding to my debt?

CARNEY: Well, without dealing with hypotheticals, why don’t you — why don’t you –

TAPPER: The president seems to think that that borrowing money to pay the interest on the debt is not adding to the debt. I don’t understand that math.

I don't understand it either. If I borrow money from a bank to pay off my credit card interest, I have not eliminated the debt that was generating the interest and I have added to my debt. I still owe the same amount in debt to the credit cards--and have now added more debt AND interest to my burden. I have increased my debt load. How is it the government is different than me? That is why people are getting fed up with government--this Administration thinks that the economic realities that apply to everyday life don't apply to them. They are wrong and they are screwing over my kids and grandkids.

But the thing that really got me was this one: The Obama Administration is still blaming President Bush. From Carney:
Well, the debt is — has been created over a number of years, as you know. And we came in here with an economic crisis, the likes of which, I daresay, I think nobody in this room has ever seen, and which threatened to head straight into a depression if we didn’t act.

But I also remind you that we inherited, when this administration came into office, this president came into office, an enormous debt that had been piled up in the previous eight years. And that is part of the problem. And the interest that you’re talking about is on that debt as well.
It seems like the default position for any Obama Administration spokesman in trouble is to blame President Bush. Note to Mr. Carney--your boss has been in office for over two years--time for him to start owning up to things. The Obama Administration is like a five year old--blaming someone else for the messes. The trouble is, a five year old eventually can be forced to admit their mistakes--I just don't see it from this Administration. God forbid Obama gets another term, but I can see Obama in December 2016 still blaming President Bush for all that's wrong in the country.



Tuesday, February 15, 2011

Surf's Up

Well, it's time for "feminists" to break out their annual, Bash Sports Illustrated columns as the sports mag's annual Swimsuit Issue is hitting the newstands now.  The Daily Caller looks back at some recent cover photos.  I must say it is nice to look at, but I have to say that some of the female athletes in the ESPN the Body Issue are just as delightful to look at.

Lots of talk today about President Obama's budget and everyone is talking about the fact that the debt is as much as the GDP.  But these charts from Doug Ross showing just how bad the budget picture under President Obama really is, should also get news.

As the budget battle gets started in force, the seemingly annual issue of the Corporation for Public Broadcasting and National Public Radio gets started.  Jill Lawrence, an admitted fan of CPB and NPR, thinks that it is time to phase them out of the federal budget.  I couldn't agree more, largely because the reason for CPB and NPR no longer exist.  the entities were created at a time when television and radio options were very small.  There is no longer a need for it.

Onto something else, there are some doctors who require a man to get his wife's consent to get a vasectomy.  Huh?  How does that work on a legal basis?

Finally, as a veteran, and one who voted in two elections while in the service, the voting rights of overseas service members and civilians concerns me.  Today there was testimony about the Department of Justice's actions to protect (or not protect) the voting rights of our overseas citizens.
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New drilling method opens vast oil fields in US

New drilling method opens vast oil fields in US

Cool on the technology front, but you can rest assured that the environmentalists are going to get all up in arms and prevent this kind of oil field recovery.

States Rely More and More on Federal Funds

Even as states attempt to assert more political independence from the federal government (or at least some states are), the fact is that states are becoming more and more dependent upon federal funds for their own budgets. The  Mercatus Center has a great chart showing how, in the past 22 years, states have come to rely more on federal funds.

While political independence is all well and good, how can a state be an sovereign entity in our federal system if it relies so heavily upon monies from the federal government?





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Monday, February 14, 2011

ObamaCare has so Many Myths, It's Hard to Know Where to Begin

Cory L. Andrews started with the litigation side of matters, debunking the leading Obamacare litigation myths:

My favorite:


Myth #5: “Judge Vinson declared not just the individual mandate, but the entire ObamaCare law unconstitutional. That shows how radical he is.”This is the myth that will not die. Following Judge Vinson’s ruling in Florida, defenders of ObamaCare seized on the supposed “fact” that he declared the entire law unconstitutional as further evidence that Vinson was an unhinged jurist whose ruling placed him “outside the mainstream.”
Similar reports followed from virtually every media outlet in the country (see here, here, and here). But nowhere did Judge Vinson hold that the entire law was unconstitutional. Rather, he found that only the individual mandate was unconstitutional; yet, because Congress hadn’t bothered to include a severability clause, the entire law was void.
This is an important distinction. Other than the individual mandate, Judge Vinson impugned no portion of ObamaCare on constitutional grounds, nor did he overstep his judicial duty.

Check it out. (Links in original)



Judge Vinson's decision was handcuffed upon him by Congress' failure to include a severability clause so that even if Judge Vinson found every other provision constitutional, the fact that one feature is unconstitutional invalidates the whole 2200 page think.



Read more at the Washington Examiner: http://washingtonexaminer.com/opinion/op-eds/2011/02/dubunking-leading-obamacare-litigation-myths#ixzz1DxkEEbUK


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Sunday, February 13, 2011

Betsy's Page: Are waivers from Obamacare constitutional?

Betsy Newmark brings to the fore an interesting argument about the Obamacare waivers that are being handed out like Valentine's Day candy. Pointing to a an article by Columbia Law School professor Philip Hamburger,  Newmark notes that not very many people are questioning whether the waivers themselves are permissible.

Professor Hamburger writes:
More seriously, it raises questions about whether we live under a government of laws. Congress can pass statutes that apply to some businesses and not others, but once a law has passed — and therefore is binding — how can the executive branch relieve some Americans of their obligation to obey it? 
The dangers of inequity are obvious. Will only corporations and unions get waivers, or can individuals also get them? For example, if a family physician feels financial pressure under the health-care law to fire one of his employees, will he get a waiver to avoid adding to unemployment? 
Indeed, can even a small corporation get a waiver? Small businesses provide most new jobs, but the answer is obvious: Waivers are mostly, if not entirely, for politically significant businesses and unions that get the special attention of HHS or the White House. The rest of us must obey the laws. 

The dangers of inequity are real because of the discretion inherent in the waivers themselves.  Employers and unions can apply for the waiver (which in and of itself is an expensive proposition) and the Obama Administration through the department of Health and Human Services can then determine whether the waiver should be granted.  Jonathan Adler questions whether, as Prof. Hamburger asserts, the waivers themselves are unconstitutional?
An argument that any executive waiver authority is unconstitutional is a hard sell, particularly given the extent to which Congress may delegate legislative-like authority.   But the concerns that motivate such arguments, particularly that such power is prone to abuse and can undermine the rule of law, are serious.  What to do?  I think such concerns can be addressed through the creation of administrative procedures designed to ensure greater transparency, consistency, and accountability.
Adler brings up the best argument regarding the waivers themselves.  What is unclear is what are the criteria for the granting or denying a waiver?  As Adler pointed out, waivers are not uncommon in the executive branch, but what those waiver provisions include, for example with the Federal Communications Commission,  is a lengthy procedure, including notice and comment periods. Such provisions, Adler contends, allow for a clearer judicial review if that becomes necessary.  Such features are absent in the health care waiver process.

But returning to Betsy Newmark, there is a practical question,

There definitely seems to be something fishy about members of the executive branch to have the power to pick and choose whom a given law should apply to. Take the question away from Obamacare and imagine that it was some other law such as the Civil Rights Act and businesses argued that they could not afford to implement the law. Can you imagine the uproar if any presidential administration tried to pick out which organizations would get waivers from the law? Or pick any law that imposes some sort of burden on organizations - collecting payroll taxes, paying the minimum wage, or following environmental regulations? 

The greater problem with the healthcare waiver provisions is the lack of foresight exhibited by Congress.  They clearly recognized that there maybe problems, hence the waiver provision themselves.  Congress also stretched compliance out a fair distance, which seems admirable, but the confluence of the two means that a great many companies and unions, are failing to take an adequate effort at compliance rather than simply going for the waiver.  This is not an unreasonable position to take for the party seeking the waiver.  Getting the waiver now means they don't have to expend the efforts to comply first and then seek the waiver on the expedited basis.  So the economic rationale makes sense.

Congress is generally very bad at legislating for the future and makes serious mistakes when trying to legislate future behavior, particularly economic behavior.  So given their very poor track record, being a bit more deliberative would have gone a long way to preventing the problems we see today.

What doesn't make sense is that Congress allowed the waivers so far in advance (three and four years) before compliance was mandated.  What also seems odd is the criteria that Congress laid out to be considered for a waiver were particularly fuzzy.  Impact on unemployment seems particularly bad.  A businessman just needs to argue that changing the healthcare plan will lead to unemployment?  Given that there are so many factors lead to unemployment it seems difficult to understand.

Still, it is a good question to ask, is it proper for Congress to delegate the waiver activity?  Yes, I believe it is. Do I think it is unconstitutional to operate that waiver program without well-defined criteria issued by Congress?  Yes, because Congress is abdicating its responsibility?

To ask the question differently?  Would a Democratic Congress have delegated the waiver authority under ObamaCare to a Republican Presidency?

Saturday, February 12, 2011

Military May Be the Most "Democratic" Egyptian Institution

The historic and fascinating events unfolding in Egypt, the birth of more freeedom and perhaps even a fledgling democracy created not by an outside agent, but through internal pressure, are things to behold.  What has been more impressive has been the role of the military, one of the most respected institutions in that country.  The military has been a model of professionalism in a region of the world where the military is often as corrupt as the civilian leadership.  Instead of cracking down violently on protesters, the military did what they should do, make sure everyone is safe and otherwise stay out of the way.  In many way, the professional Egyptian military may be the most democratic institution in that nation in transition.

Of course, no military is in any way a "democratic" institution in that there is very much a top-down command style that cannot and does not tolerate dissent toward orders.  But the manner in which the Egyptian military leadership, both its office corps and its non-commissioned officers, are trained--through America and other Western nations, is an important factor in a nation that is inherently unstable right now. 

One of the most fascinating aspects of the events in Egypt has been the military--who appears to have if not cooperated in the protests at least approved of them in many ways, both express and tacit.  Such participation may have to do largely with the manner in which the Egyptian officer corps is trained--in America. 

America’s best hope for democracy in Egypt and the ouster of President Hosni Mubarak may not be the protesters in the streets. It could be mid-level officers in Egypt’s Army.

Thousands of them have received official training and education in the United States, where they were exposed to the values of a democratic society, such as human rights and civilian rule over the military.
That last is an important relation that is important at this critical juncture.  Civilian control of the military is a facet of American government and military that we often don't think of as particularly important, given that it has been a hallmark of our political system since the Declaration of Independence.  But such a feature is not the norm outside of modern democratic states.  But Egypt, despite its trappings under Hosni Mubarak, was not a democracy.  Yet the Egyptian officer corps and its senior non-commissioned officers have been trained, through the deep exposure to the American political-military relationship, to accept the notion of civilian control of the military--a true feature of a western democracy and one that is part and parcel of the mindset among the Egyptian military--I hope.

Combined with strict but orderly control of the junior enlisted personnel, the middle grade officers and non-coms have the respect of the people AND control of the military hardward that could be used to brutally put down a protest that might scare senior leadership.  The combination of control and training to accept civilian authority holds the best hope for a peaceful transition to true democracy.  The fears of a take over by the Muslim Brotherhood is real and should not be discounted, but given the respect that the Egyptian people have for the military might lead some of those middle grade officers to run for elective office and carry the discipline they have learned (and earned) into the civilan leadership side. 

Having been trained through formal American contacts and the informal contacts that result with American officers, The Egyptian military has the most exposure of any facet of Egypian society to the practical functioning of a Democracy.  The training may be the best hope for a true Democracy in the Muslim world. 



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Friday, February 11, 2011

Surf's Up

There is a great buzz about James Clapper (Clap on! Clap off!) who's recent testimony is getting savaged. Andrew McCarthy of National Review Online couches in bianary form: There’s Willful Blindness, and Then There’s Willful Stupidity. Judith Levy summarizes about Clapper's testimony:
There are two possibilities, and they're both appalling. One is that Clapper knew everything he was saying was a gross distortion of reality but said it anyway, thereby deliberately misleading the American people and giving aid and comfort to a group whose interests are completely antithetical to those of the United States. The other is that Clapper is genuinely ignorant of the agenda of the Muslim Brotherhood, a thought that is just about as unnerving as can be imagined.
I get that Egypt has been a fluid situation, but when the Director of Intelligence gets something wrong that is publicly and provably wrong, what does that say about of government. We aren't talking about blowing a prediction about what Mubarak would do, we are talking about the characterization as secular an organization who has publicly proclaimed a non-secular foundation.

More government incompetence: the IRS cannot get the Earned Income Tax Credit right and actually fails 1 out of 4 times. Simply criminal.
The IRS continues to report that 23% - 28% of EITC payments are issued improperly each year. In Fiscal Year 2009, this equated to $11 billion to $13 billion in EITC improper payments.
Now the question becomes, why can't they fix that?

One of Prof. Don Boudreaux's almost patented letters to the New York Times takes on an interesting note, the Supreme Court in the New Deal Era effectively amended the Constitution in an improper manner. The note is short, but certainly on point.

Of course there is much praise for the happenings in Egypt and I will have a more positive outlook on things in a later post--my thinking spawned by this post from Ann Althouse.



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Death Knell For Multiculturalism?

Power Line quotes French President Nicolas Sarkozy:

French President Nicolas Sarkozy on Thursday declared that multiculturalism had failed, joining a growing number of world leaders or ex-leaders who have condemned it.

"We have been too concerned about the identity of the person who was arriving and not enough about the identity of the country that was receiving him," he said in a television interview in which he declared the concept a "failure."

Identity politics waning in Europe but still strong in this country.



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Nice: IRS is adding to Deficit.

TaxProf Blog: TIGTA: The IRS Pays $12 Billion/Year in Phony EITC Claims -- A 25% Error Rate



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Front-Row Seat to Revolution

Tulane University - Front-Row Seat to Revolution An account from an American student in Cairo.


Thursday, February 10, 2011

Political "Scandal" Du Jour--Elected Official Often Have a Past

I will admit, until today I had never hear of Tennessee State Rep. Julia Hurley and normally wouldn't give a toss about a freshman, 29-year-old state legislator in a state where I don't live and so far as I know, probably won't live anytime soon. But apparently, there is a brouhaha because she once worked at Hooter's. Ohh-the horror!.

Now, I find this particularly funny because about a month and a half ago, I posted a bit on the National Organization for Women's new crusade against Hooters. Hooters has built a great business on not particularly great food, not great beer and a sexy wait staff of beautiful women in tight t-shirts, short orange shorts and panty-hose.  It is a business built in part on attractive, sexy women.  Rep. Julia Hurley used to be one of those women and unlike most politicans, she is not afraid to say that she worked there.  As most people know by now Hurley worked at Hooters and has been profiled in the company's in-house magazine in which Hurley credits her time as a server at the restaurant chain for helping her find the self-confidence to move forward with her life, in light of being a young single mother. Hurley has since left Hooters and started her own company and now run for office, defeating a nine-term incumbent in the Volunteer State.

The debate seems to be that Hurley appears to take pride in her past and instead of trying to run away from her past, she embraces her past or at least is not trying to hide it. As writer Sarah Rufca said:

The latest female politician to earn the scorn of the Internet for violating these rules is Julia Hurley, a first-term state representative in Tennessee. Hurley's crime is two-fold — having worked in her youth at a Hooter's restaurant and having the gall to not completely disown such a scandalous past, and instead try to inspire other Hooters girls with her success.

So here we have a politician, who like lots people when they were young, waited tables to make ends meet.  So what makes Hurley any different, other than she worked at Hooters and then dared to run for office with Hooters Girl on her resume?  The scorn being heaped upon her for not hiding or denouncing her past seems to be related to her being a, gasp, Republican!.   Would this outcry be different if Hurley were a Democrat?  I tend to think not because there is a perverse thrill that seems to capture the media's attention when it turns out that an attractive young Republican woman turns out to have a past.  This process, what Rufca calls "slut shaming" happens immediately when a young attractive woman politician is NOT a Democrat.  Would the media give a toss if Hurley were a Democrat?  That is the question.

Rufca points out a couple of rules that she has learned about being female, single, attractive, a mother and a former model and Hooters girl who is interested in politics--don't do it.   In fact, if you are a woman, here are the rules you  need to know about running for office:

1. Don't be too qualified, serious or ugly or everyone will call you a bitch (or maybe a lesbian) and complain that your shrill voice reminds people of their nagging wives and mothers.

2. Don't be too young, too pretty or too blonde or no one will take you seriously.

3. Don't run if you're single, because how can you succeed in office if you can't even succeed at getting a husband?!

4. Don't run if your husband has ever done anything wrong (like cheat on you) because that is a stain on your character.

5. Don't run if you have non-grownup children, because that makes you a bad mother.

6. Don't run if there's any evidence that you have ever had or desire to have a sex life or might allow yourself to be a sexual being — except for the purpose of having a brood of children, of course.

As the father of two young girls, who I very much want to be happy, successful and assertive, this kind of attention is troubling. I don't want my daughters in their older, more mature lives to fear their past.  This "slut shaming" is such that if my daughters ever want to be a political leader, it would seem that they can't have a past at all. The slut shaming seems to cry out for their entry into a convent only to emerge when they are old enough to run for office. Of course, that won't work either because they will be called Catholic Zealots and therefore unable to hold office lest they be the handmaidens of the Pope.

But is it realistic to believe and expect our leaders, in or out of politics, Republican or Democrat, male or female, young or old, to have nothing in their past?  Can we really expect leaders to be a blank slate arriving on the scene as if fully formed?  But it is not just that Julia Hurley has a past, it is that her past includes a stint in a sexualized atmosphere.  This stint at Hooters does not make Hurley a slut nor does it necessarily imply that she was promiscuous although that seems to be the intention of some people bent on shaming her.  I obviously don't know Hurley's past, but for a woman at her age, it is not unreasonable to believe she has a sexual past (and with a child we know she had sex at least once).  I am not suggesting that Hurley has attempted to sexualize herself, but those who are attempting to shame her seem bent on sexualizing her.

It seems to me that we as a nation have a hard time accepting that people can be good at some aspect of their life and still have other facets to their life--including a sex life.  We don't need to sexualize them and just because that person chooses to sexualize themselves (by choice) it doesn't make them a bad person or means they have sold out the other aspects of their life.

I have commented in the past about women like Amanda Beard, a woman who has been amazingly successful in her chosen field of swimming, who chose to appear nude in Playboy. I questioned why it was such a bad thing for either Beard, swimming or women. In another post about female athletes and the sexualization of female athletes, I noted:

What we forget, often times, when thinking about female athletes, particularly those like Beard, [race car driver Danica] Patrick, [Anna] Kournikova and others who are at least adults, is that these women, in addition to being athletes are themselves sexual beings. One presumes they have and in some cases we know, that they have romantic and presumably sexual relationships. These women are not nuns who wait in a convent until it is time to compete and retreat to the cloistered halls after the competition. If these women choose to express their sexuality in teh pages of Playboy or FHM or any other magazine, why should we as a society get our collective underwear in a twist?

We don't put the same standards upon men? Male athletes are assumed to be sexual creatures and no one questions their attendance at a strip club. But for women athletes to express a sexuality, that becomes something to be feared or criticized. And men who partake in the celebration of the female form in the shape of an athlete in a magazine are some how misogynistic for their enjoyment.

Now, in addition to the sexualization of female athletes, we have a new concern about the sexualization of female politicians. Julia Hurley or Sarah Palin or any other attractive female politician should not have to worry about the fact that they have a past where, potentially, they engaged in sexual behavior outside of having children or even (horrors) outside of wedlock. They should not have their past dragged out before the public and held up as something bad.  Hurley is not showing upon the floor of the Tennessee State House in her Hooters uniform, but we shouldn't dimiss her simply because she is attractive.

Who among us over the age of 18 doesn't have a past? I personally know doctors, lawyers, accountant, teachers and academics who have a past that included drinking beer from a oversizes glass fish, being known as a "toxic twin" for their drinking exploits, had multiple sexual partners and engaged in some behavior that was less than publicly approved. Its doesn't make them a lesser person, unskilled doctor, lawyers, accountant, teacher, academic or any other professional. It makes them human.

Our politicians are humans, they have a past. Instead of scandalizing the past, we should acknowledge that they have a past, from which we hoped they, like Hurley, learned lessons. I like the fact that Hurley has not chosen to hide behind a defense of "I was desperate, poor, unskilled and a single mother." She may have been all of those things at the time, but she has made no excuse or attempted to hide for her past. Years later she says she has taken lessons from her experience that made her who she is today. That is what leadership is about.

Does Hurley have a long career as a political leader ahead of her? Who knows, but I do know this: the sooner we as a public and a media get past the fact that our political leaders have a past, have made mistakes and are human beings, with (usually) a sexual past, the better off we as a country are going to be.









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Surf's Up

Wow, work has been crazy so I have been slow on the posting.

Here are some stories I find interesting today:

The Budget Battle as it is being called is coming to the House of Representatives.  I have to admit, the GOP leadership is faced with a problem--the tea-party freshman are a big enough block to be reckoned with.  The tea party freshmen are holding the mirror up and trying to get serious cuts to the budget.  The schism on spending has been behind closed doors, but it is becoming public.  The freshman could become a real pain for Speaker John Boehner.

A couple of teacher stories.  First a high school English teacher in the Philadelphia area blogged about her students and it has gotten her in trouble.  The story is not clear if the teacher actually named her students and the blog has since been deleted.  But the teacher apparently wanted to write on student reports the truth as she saw rather than the canned resonses urged by her employer.  Parents want the teacher fired.  Do you think that is bad, try a teacher in Silver Spring, MD who has been arrested and held in jail for physically assaulting her students.  This is bad, very bad.  It is made worse by the fact that her students are 6 and 7 years old.  Not teenagers--kids--first graders.  The galling thing to me--the teacher who is in jail--has been place on administrative leave.

As NASA is planning their final shuttle mission, there is a wonder about the future of space flight in the U.S.   I think the idea of privatized space flight is a good idea.  If you don't think so, take a look at the Star Trek: First Contact movie, the man who invented warp drive for humans in that film was revered by Capt. Picard and his contemporaries in their own time.  But when they travel back in time (it is not as bad as you think) that same "hero" turned out to be a guy looking to make a buck.  It is not so bad to be interested in making a dollar and inventing something that benefits everyone in the long run.

Glenn Reynolds has a bit on being a conservative in academia.   Are academic conservatives the gays of 2010?

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Tuesday, February 08, 2011

Bristol Palin to release memoir this summer

Why?

This woman is barely in her 20's.

Wednesday, February 02, 2011

Left Needs a New Target--Chick-fil-A

The Weekly Standard takes a look at the college campus movement to ban Chick-fil-A from campuses.  Why?


A Pennsylvania outlet’s sponsorship of a February marriage seminar by one of that state’s most outspoken groups against homosexuality lit up gay blogs around the country. Students at some universities have also begun trying to get the chain removed from campuses.
“If you’re eating Chick-fil-A, you’re eating anti-gay,” one headline read. The issue spread into Christian media circles, too.

Now  you have to look at a couple of things in this matter.  First, it is not Corporate Chick-fil-A that has sponsored the "offending" seminar, but it is a franchisee.  Like most fast food chains, individual stores are owned by franchisees, that is local businessmen who have a certain amount of discretion in their public face.  That is not to say the corporate Chick-fil-A would not endorse the seminar, but I point out the difference because there is no proof that Chick-fil-A as a national corporation sponsored the seminar.

Second, why does a sponsorship necessarily equate to being anti-gay. It is true that the corporate ethos of Chick-fil-A has a distinctive Christian overtone and is that such a bad thing?  The last time I checked, Chick-fil-A is a privately held corporation and not a government entity, they can sponsor who they want, for what ever reason they want.  But if Chick-fil-A sponsors a debate between gay rights supporters and anti-gay right supporters, is that anti-gay?  What if the company or a franchisee sponsors a gay pride parade?  Chick-fil-A franchises sponsor a great many local charities and events.

So the problem is what?  According to Peter Wood, the problem is that those on the left believe in free speech only for those who agree with them:


So far as I can tell, no one has accused Chick-fil-A of discriminating against gays and lesbians in its employment practices or its customer service. The incident that sparked the boycott campaign was a Pennsylvania Chick-fil-A restaurant’s provision of sandwiches and brownies to a marriage seminar put on by the Pennsylvania Family Institute—a group that opposes gay marriage and has been characterized by activists as anti-gay. The seminar in Harrisburg is “The Art of Marriage:  Getting to the Heart of God’s Design.” Presumably Chick-fil-A contributes to other groups that hold similar views. Does that really provide a sound reason to those who favor gay marriage to drive Chick-fil-A off campus?
I think not. The campaign is unwise because it seeks to punish and stigmatize those with whom the protesters disagree. The ideal of the campus as a place where people debate their differences by means of rational arguments and well-vetted evidence has been on a downward trajectory for decades. Kicking Chick-fil-A off campus is a reductio ad absurdum of the now-common tactic of roaring at your supposed opponents. The company, after all, isn’t busy on campus promoting an anti-gay marriage agenda. It’s just selling chicken sandwiches.
Protests like the one aimed at Chick-fil-A are partly or even mostly attempts to exhibit the power of the protesters. That aim has nothing to do with winning the argument—is gay marriage a good social policy or a mistaken one?—and everything to do with controlling the narrative. Only those who agree with the protesters are granted a legitimate voice hereafter. Roar loud enough and you may intimidate the target, but that’s of less importance than pumping up excitement among followers and creating a secondary wave of self-censorship among others who correctly surmise that it is dangerous to disagree.

That is the agenda.  And I think Chick-fil-A should do the Christian thing--turn the other cheek and continue with their business practice.  Since their campus presence is no doubt due to a contract with the school, I suggest that Chick-fil-A continue those contracts and dare the schools to cancel the contract.  If at the end of the contract period, the franchise wishes to terminate the presence, they can do so pursuant to the contract.  I dare say that the quality of Chick-fil-A's food and service (they end every interaction with "My Pleasure" which I love) will keep the franchise on campus.

Protests like this one are silly and serve no actual purpose but harden the lines of debate.  The left does give a toss about legitimate debate--they care only that they get heard and any opponents are silenced.  They are like a 4 year-old child who has learned that if you cry long enough and loud enough you will get what you want.  What it takes is good parenting to end that notion and it takes good people who despise the tactic punish the whiny 4 year old left.



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Thursday, January 27, 2011

Hollywood Has a Woman Problem

Ben Shapiro thinks so, and I have to agree:
Quick, think of the ten greatest living film actors. It’s not that tough – we have iconic male film stars all the time. Now think of the ten greatest living film actresses. Now take away all women over 50. Still thinking, aren’t you?

The simple truth is that actresses were far more iconic fifty years ago than they are now. We may want to shtup most of the actresses we see on screen today, but we don’t show up to see them because of their standout screen personas. That isn’t because today’s actresses are less talented than their predecessors – we have many talented actresses on the scene. It’s because screen executives have decided that truly feminine women, with both brains and looks, are no longer in keeping with the times. Instead, film execs have cut a sharp dichotomy between “sexy” women and “smart” women – it’s either Megan Fox or Kate Winslet. Charlize Theron can’t play a strong, graceful, beautiful woman – she’s got to be either a lesbian serial killer or a piece of eye candy.
That is not to say that haven't been some female roles in recent years that expose us to smart, beautiful and savvy female characters. But the certainly don't seem to be the norm. I find the trend disturbing that the best female role models for my daughters are animated--like Rapunzel in Tangled.

I admit, I am not a big movie fan, but I am a big fan of some TV and there are some smart, beautiful, competent women characters on TV. Take a look at Kate Beckett on Castle (ABC), or Diviya Katdare on Royal Pains (USA Network) or even Kara Thrace on Battlestar Galactica (now cancelled on ScyFy). All three characters are smart, competent at their jobs and also look good. But like real humans they have their problems, emotional needs and emotional baggage. They have goals, wants, desires and needs, but they are good female characters.

Shapiro is right though, in a city and industry where the liberal thought is that females should be empowered, there is a lack of empowered female characters who are women. But then again, this is also a city and industry who thinks that Sarah Palin is the worst feminist in the world because she dares to be attractive, female and conservative.




HHS grants 500 new healthcare waivers - The Hill's Healthwatch

What the hell is the point of having a law if everyone and their grandmother can get a waiver from the law. HHS grants 500 new healthcare waivers to organizations who might not be able to make the minimum coverage levels.
The law gives HHS Secretary Kathleen Sebelius the flexibility to grant waivers to avoid disruption in the insurance market, but Republicans say the waivers are either gifts to Democratic allies or proof that the reform law isn’t working. However, a large number of businesses, in addition to unions, have received waivers.

The waivers have been granted to hundreds of so-called "mini-med" plans that offer limited health coverage to employees. The waivers are designed to preserve stability in the insurance market until new state-run insurance exchanges open in 2014.

The House Energy and Commerce Committee asked HHS last week for details on the waiver process. HHS said Wednesday night that it wants to make the waiver process transparent.
Now, pardon me for asking, but if you knew that there might be a need for these waivers, and the Obama Administration wanted to avoid "disruption" in the insurance market (aside the the intentional disruption of interfereing in the marketplace), then why not make sure the state run exchanges were up and running BEFORE you started requiring businesses meet the minimum coverage levels.

This is the kind of crap logical inconsistencies you get when you don't think about the law or even read the law before enacting it.



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Althouse: "No people of color have been nominated for Oscars."

Not that I give a toss about the Oscars but this is not a good sign for the liberalatti: Althouse: "No people of color have been nominated for Oscars."

Of course, I also don't favor a "quota" either.

If the liberals are going to argue that the Oscars are about merit, fine. I will take that.

But you can't say merit is okay in movie performances and awards and not okay in other areas of life. Pick a position and stick with it.

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Another Reason to like Chris Christie

He is not afraid to tell you like it is.  At a recent public appearance, the following exchange reportedly took place:



Policeman: “My salary went up 2%. And after the increase in my healthcare costs went in, do you know how much my check went up Sir? $4. How am I supposed to live on that?”
Gov. Christie: “Here’s the difference. You’re getting a paycheck. And there are 9% of the people in the state of NJ who are not.”

Touche Governor.  What is unsaid, is that the police officer in question is probably making a very solid living and with overtime, probably is quite comfortable.  


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Wednesday, January 26, 2011

This Week's Playlist

They (whoever they is) often states that smell is the sense that generates the most vivid memories.  For me, music often carries very specific memories when I hear a song.  Here is a list of 20 songs and the memory I associate with them.


  1. In America by the Charlie Daniels Band.  When this song came out, it seemed to be playing on the radio everytime my family drove to the beach in St. Augustine Florida, so I always associate it with the beach.
  2. Homebound Train by Bon Jovi.  I just love the ryhtmn guitars in this song, but oddly enough, this song was playing when a buddy of mine and I were riding the train back from a climbing trip in West Virginia.
  3. We Didn't Start the Fire by Billy Joel.  My wife and her family were big Billy Joel fans and we all went to see Joel in Washington DC, one of the best memories before my father in law passed away.
  4. Acoustic Curves by Animusic.  My wife and daughter had gone to Boston with my wife's friend.  I used a four day weekend to paint four rooms in our house.  My wife was surprised and I discovered Animusic during that painting blitz.
  5. Flying in a Blue Dream by Joe Satriani.  Flying in a Blue Dream was my first Satriani album purchase and after hearing this song on my Walkman coming home from the mall, I was hooked instantly.  Satriani remains one of my favorite artists ever.
  6. Don't Stop Believin' by Journey.  Me and my friends entered an air band contest with this song in the 7th Grade. I rocked the air drums and the lip synching.
  7. Enter Sandman by Metallica.  My Navy roommate and I would blast this song when ever we would go rock climbing.  Since we went climbing 3 or 4 times a week, the CD got a lot of play.
  8. Even Flow by Pearl Jam.  One of my housemates in college got me hooked on Pearl Jam thanks to this song.  She went absolutely nuts listening to the song.  I will never forget her introducing me to this band.
  9. Another Rainy Night (Without You) by Queensryche.  A squad mate in the Navy just after boot camp turned me on to Queensryche by playing this song.  I will always associate hearing this song with the knowledge that I had been selected to join the U.S. Navy Ceremonial Guard.
  10. AFH by Slackjaw.  My Phi Sigma Pi friends from U. Va. (Chris and Sabine) turned me on to this Charlottesville band.  This song is forever associated with road tripping during college.
  11. Panama by Van Halen.  From high school, I remember when this album came out as a freshman in high school and how much my friends and I would listen to it before soccer practice.
  12. Kryptonite by 3 Doors Down.  Another song that got me hooked on a band during college, I remember listening to these guys on the radio in the bus I was driving through Georgetown to pick up a tour group.
  13. Where the Streets Have No Name by U2.  I remember sitting in the theater with a former girlfriend watching the opening of Rattle & Hum, still one of my favorite rock documentaries.
  14. Explosive by Bond.  I had a business trip to San Francisco/Sacremento and I remember this song being on the CD player in my rental car as I walked through the streets of San Francisco toward the Golden Gate Bridge.
  15. Dream On by Aerosmith.  From my much younger days, this was the song that was on the radio when I first started listening to Rock 105 from Jacksonville Florida.
  16. I Alone by Live.  This was the first concert I went to with the woman who would become my wife.  Live at HersehyPark Stadium was brilliant and the first of dozens of concerts we have attended.
  17. Represent by Weezer.  This is my soccer song.  I remember watching the game where the opening commentary came from and I can't help but see that goal by Jonathan Bornstein and Landon Donovan's goal against Algeria in the World Cup.
  18. To the One Who Knows by Yanni.  I know, Yanni right, but I actually like some of his stuff.  Me and a girl I liked in the Navy danced to this song while watching a thunderstorm move in.  Never really got the nerve up to date her, sorry Karmin.
  19. Barracuda by Heart.  "No this ain't the end" was something of an anthem for my high school soccer team when we got behind.  This song still reminds me of travelling for games.
  20. London Skies by Jamie Cullum.  I picked up my wife after her trip to San Francisco and this song was playing which she just loved and it reminds me, oddly enough, of London.


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Surf's Up

American Thinker's C. Edmund Wright has the  Top Ten Reasons to Support Herman Cain for President.  I don't know much about Cain, but if half these things turn out to be true, I would love to see that campaign.  My favorite reason:
4. Never held office before: While Cain's opponents -- on both sides of the aisle -- are licking their chops over this one, they should rethink this.  Mr. Cain already has a lethal (can we still say that?) response to this one: "Everyone in Washington has held public office before.  How's that working out for you?"  Case closed.
I would love to see someone pose that question to Cain and see him respond to that in a debate.  It would be absolutely brilliant.

Last night was the State of the Union speech and I have to say, I am completely underwhelmed.  Yeah, it was delivered well, I have never claimed that Obama can't deliver a speech, but like most SOTU speeches it lacked any kind of coherent theme or message and delved into the typical laundry list of items on a to-do list.  My biggest problem is that the President and indeed many national leaders, except maybe Paul Ryan and a few others, are looking at the biggest problem we as a nation face:  DEBT.  Reason Magazine's Peter Suderman points out the same thing, much better than I.
But the mounting national debt is not just a problem. It is the problem. We are out of money. The national wallet is virtually empty, the bank account dollars are all spent, and the line of credit is about to get more expensive. All other policies—from health care to unemployment to infrastructure spending to the tax code—must be considered in the context of the debt.
Of course, that is something Congress should have been doing since the time of FDR, but has largely abdicated that responsibility.

I have engaged in a debate with friends about why there is so much scorn heaped on public sector employees and/or unions.  My beef is not so much with individual employees--unless they don't do their job or treat me like an afterthough when they are supposed to provide a service.  My beef has always been with unions and here is a good reason why:

Despite the dire financial condition of his state, and the fact that it was (and still is) a sovereign deadbeat that fails to pay its bills, Illinois Democratic Gov. Pat Quinn found room to cut a sweetheart deal with its public employee unions in September. They were guaranteed two years of cost-of-living increases and no layoffs. Quinn, in turn, got the union's endorsement and won his 2010 election by less than 1 percentage point.
This provides a dramatic illustration of what has for years been political business as usual for liberals in public office. To save their own jobs, they cut deals with your money, offering premium benefits and exorbitant salaries to public workers. Much of the cost is deferred until these employees retire, and so the unfunded liabilities of public pensions have become enormous, threatening states and cities with imminent insolvency. By some estimates, state and municipal governments will have to come up with $3.5 trillion in new funds just to keep the pension checks going out. Things are so bad in California that state officials had to commission an independent Stanford University study just to get a handle on its pension liabilities, which turn out to be a staggering $535 billion.
Now, of course, part of the blame has to go to politicians who have refused to either 1) adequately fund the pensions at the proper time and 2) failing to show some spine and say no.


Tired of politics and can't give a toss about the Oscars and entertainment award season--check out this Toy of the Year nominee list.

I hate meetings--I find them utterly unproductive in 99.5% of the cases.  When I was a lobbyist, so much of my time was wasted in meetings.  If you hate them too, and have control of the agenda, I recommend this and a stopwatch.  Man what a deal.

Tuesday, January 25, 2011

Surf's Up

Remember the Dream Act? Joanne Jacobs has an idea, link the Dream Act to military service.  There is a long history of using military service as a stepping stone to citizenship.  The only downside to Jacbobs' idea is that in the past the military would take legal immigrants into their ranks, this would be a signficant policy change, allowing illegal immigrants into the ranks gives the air of legitimacy to their actions--even after you require them to disavow allegiance to their home nation.
As the round of state of the states addresses and state budget proposals start making their way into the news cycle, one this is almost certain--there are going to be some painful cuts in state spending--including education: It's a tough time to be a state legislator. I spent Saturday morning listening to Washington State House Education Committee testimony from school board members, teachers, principals, and parents of kids in special program all speaking against budget cuts. No one in the room seemed to understand that everything is different this time.
Money manager Whitney Tilson suggests that the fiscal crisis "means that the 100+ year bull market in education funding is likely over." Over the last thirty years, we doubled staffing ratios, added generous pensions, and greased the wheels of reform with lots of extra spending--that is over. The ARRA stimulus will be noted as the zenith of education funding (and federal control in education); states are broke, the cliff is here.
Indeed, many states are looking at 10% to 20% budget shortfalls (Nevada is looking at 40%) on top of the budget shortfalls that took place in the past 2-3 years necessitating spending cuts or tax increases.  The time when schools were largely insulated from spending cuts is over.

Speaking of education, is the Rhodes Scholarship losing its luster?  Well maybe not the scholarship itself, but at least on scholarship committee members seems to think that the quality of candidate is going down and she blames the growing specialization of an undergraduate degree these days.  I have, however, become increasingly concerned in recent years - not about the talent of the applicants but about the education American universities are providing. Even from America's great liberal arts colleges, transcripts reflect an undergraduate specialization that would have been unthinkably narrow just a generation ago.
As a result, high-achieving students seem less able to grapple with issues that require them to think across disciplines or reflect on difficult questions about what matters and why.
The writer is Heather Wilson, a former U.S. Representative from New Mexico, U.S. Air Force officer and Rhodes Scholar.


As usual, Don Boudreaux lays out in a nice simple, easy to understand case about health care, and what the GOP should do to answer the question about what to do about health care, here is my favorite nugget:
“Most importantly, yes, the government will step aside to let each of you make your own choices, and to let entrepreneurs experiment creatively and competitively with different ways of supplying and financing health-care.
“No, the result won’t be unlimited health-care for anyone.  But, yes, it will be more, better, and less costly health-care for everyone.  Oh – and, yes, America will also be a freer society.”
Of course, it is unlikely that the GOP will say such things because we as a society have gotten used to the government intervention in health care.
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Check out my soccer blog at Nutmegs and Stepovers

One for the Bad Idea Files: GOP to push for D.C. gay marriage ban - TheHill.com

In a move calculated to please the Christian conservative segment of the GOP but just about no one else, the GOP is reportedly considering a move to ban gay marriage in DC.
House conservatives say they will pursue legislation that would ban gay marriage in the nation’s capital.

Rep. Jim Jordan (R-Ohio), chairman of the conservative Republican Study Committee (RSC), told The Hill that he will push for a vote on the controversial issue in the 112th Congress.
I cannot begin to describe how bad an idea this is, and not just because I think that the government has no business telling people who they can and cannot marry.

The Republicans were swept into power in the House and nearly the Senate because they were talking about all the right things with regard to government spending and fiscal policy. Now is not the time to start talking about social issues. So long as the GOP remains focused on reining in runaway government spending they are will be on solid footing.

Before anyone starts wondering how Congress can do this in light of the new House Rule requiring citation to a Constitutional provision permitting the government action, Congress has the power to legislate on all matters within the District of Columbia. Article 1, Sec. 8 states, in part:
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States.