Archive for January, 2005

Tax Transaction Costs; Lederman Sources

Monday, January 31st, 2005

Professor Lederman did a useful follow-up of the topic of our law-and-econ
lunch last week, which was the transaction cost of taxation. Here are some
facts:

The IRS budget is around $10 billion,

http://www.irs.gov/pub/irs-utl/budget-brief-05.pdf.

IRS collected nearly $2 trillion in revenue in 2003:

http://www.irs.gov/irs/article/0,,id=98141,00.html.

IRS reports that it costs taxpayers 48 cents per $100 collected:

http://www.irs.gov/irs/article/0,,id=98141,00.html.
The site doesn’t say,
on the front page, what this means. I think it means the IRS’s budget cost, 10
billion divided by 2000 billion dollars. Taxpayer costs and allocative
distortion would be much higher.

IRS Data Books for 2001-2003, which contain a variety of interesting
statistics, are available at

http://www.irs.gov/taxstats/article/0,,id=102174,00.html.

Shareholders vs. Directors as Owners of the Firm; Bainbridge

Monday, January 31st, 2005

From what Professor Thomas Smith says, Professor Bainbridge’s UCLA conference on corporate law was a great success, with interesting papers and a crowd of interesting and diverse people like Hart and Presser. Why wasn’t I invited? (maybe because I’ve never written a paper on corporate law and don’t even have any related papers in progress.) But I can see some of the papers at ALEA in New York in May, most likely.

In his blog Bainbridge says:… (more…)

America Reacting to Europe; Frum

Monday, January 31st, 2005

David Frum has a good piece on Transatlantic relations:

There is a tendency to assume that everything that happens in the transatlantic relationship happens because of America: that it is always America that acts and Europe that reacts . This assumption no longer holds in the post-cold war world. It is European leaders, not American ones, who are loosening transatlantic ties, and as much as this saddens Americans, there is little they can do about it.

Sider on the Immorality of Self-Identified Christians

Sunday, January 30th, 2005

Ronald J. Sider’s 2004 book, The Scandal of the Evangelical Conscience, sounds interesting. The book’s theme is that most nominal Christians (a large proportion of the American population– and about 40% say they are “born again”) do not live according to their purported beliefs. It is excerpted here, and I’ve excerpted the excerpt at length, dropping footnotes and some formatting. … (more…)

Gallagher, Freelance Journalist Independence; The Washington Post

Saturday, January 29th, 2005

As I wrote a couple of days ago, the Washington Post attacked writer Maggie Gallagher. She has written in support of Bush’s education policy, and she has also, separately, been employed by the government to write reports. The Post insinuated that her case was like that of Armstrong Williams, who was paid by the government covertly to advocate the Department of Education’s views.

Now Fred Hiatt, who oversees editorials and op-eds at the Washington Post, has just written
an op-ed on the Maggie Gallagher affair. I find it unsatisfactory. While it clearly states the situation, there are three problems. First, it does not apologize for the misleading nature of the original article. Second, it essentially repeats, more clearly, the attack on freelance, independent journalists who do work for the government (or anybody else). Third, it is hypocritical. Here’s what he says,…
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Lileks’s Lazy Day

Friday, January 28th, 2005

James Lileks has a
good post on a lazy day with his 4-year-old daughter.

The AARP: Special Interest Group *and* Liberal Front

Friday, January 28th, 2005

Professor
Bainbridge makes a good observation on the AARP as a liberal front, rather than just another special-interest group:

…just one more liberal special interest group, albeit a particularly well
[camouflaged] and effective one (using those discounts to pull in seniors who
probably vote red). The latest example: We learn from "http://www.msnbc.msn.com/id/6853086/site/newsweek/"> an Eleanor Clift column
(of all things) that the AARP quietly has joined up with the Leadership
Conference on Civil Rights to oppose President Bush’s judicial nominees. So why
would a loyal (more or less) Republican like me join one of the worst of those
left-liberal special interest organizations of which the Democrat Party is a
wholly-owned subsidiary?

Quoting Scripture Illegal: The Koran in Australia, The Bible in Canada

Thursday, January 27th, 2005

Human Events
tells us that
in Australia the law considers it “religious vilification”, a criminal offense,
to quote the parts of the Koran liberals consider it impolite to mention:
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The Maggie Gallagher Pseudo-Scandal

Thursday, January 27th, 2005

It’s interesting how the Mainstream Media still retains its power to lie
successfully even to conservative weblogs and politicians who should know
better than to believe everything they read in the newspapers.
Via Instapundit and
"http://www.anklebitingpundits.com/index.php?name=News&file=article&sid=
939&mode=nested&order=0&thold=0">Anklebitingpundits
, I found a
yahoo story on the Maggia
Gallagher affair. She is falsely accused of accepting money to promote
government programs in her journalism. What actually happened is that she is a
journalist who has done contract work for the government to write particular
reports– all clearly labelled as coming from the government. In fact, it turns
out that part of the money was from the *Clinton* Administration:…
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The Rice Confirmation Vote: Closest Ever?

Wednesday, January 26th, 2005

Condoleeza Rice has been confirmed as Secretary as State by a vote of 85 to 13,
but that is the closest vote in the past 70 years (at least) for a Secretary of
State. I take this as yet another sign of how partisan the Democrats have
become, since
the closeness is entirely up to them. Nobody can say that the Republicans were
this partisan in voting on confirmations during the Clinton or Carter
administrations– nor were the Democrats in previous administrations. As the

AP says,


Although Rice was assured of confirmation, she got the most “no” votes since
World War II. Seven senators voted against Henry Kissinger and six each against
Dean Acheson and Alexander Haig….


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Adam Smith on the Invisible Hand and Wealth Maximization

Tuesday, January 25th, 2005

Here is the famous passage from Adam Smith’s
Wealth of Nations
on “the invisible hand” ( B.IV, Ch.2, Of Restraints upon the
Importation from Foreign Countries):

As every individual, therefore, endeavours as much as he
can both to employ his capital in the support of domestic
industry, and so to direct that industry that its produce
may be of the greatest value; every individual necessarily
labours to render the annual revenue of the society as great
as he can
. He generally, indeed, neither intends to promote
the public interest, nor knows how much he is promoting it.
By preferring the support of domestic to that of foreign
industry, he intends only his own security; and by directing
that industry in such a manner as its produce may be of the
greatest value, he intends only his own gain, and he is in
this, as in many other cases, led by an invisible hand color=red>to
promote an end which was no part of his intention. Nor is it
always the worse for the society that it was no part of it.
By pursuing his own interest he frequently promotes that of
the society more effectually than when he really intends to
promote it. I have never known much good done by those who
affected to trade for the public good. It is an affectation,
indeed, not very common among merchants, and very few words
need be employed in dissuading them from it.

Notice that he explicitly uses a criterion close to the “wealth maximization”
standard in economics. (See the "http://www.rasmusen.org/g406/value.pdf">“Notes on Value Maximization” that
I just wrote for class.)

Regulations as Compared to Opinion Letters

Monday, January 24th, 2005

I just taught and blogged on FERPA, the Buckley Amendment law that is interpreted to say that professors can’t post students’ grades on office doors. What I’d like to ponder now is a general point of jurisprudence: what is the difference between an opinion letter and a regulation?

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FERPA; Silly Education Records Privacy Rules

Monday, January 24th, 2005

I gave a lecture today on how regulations are made and interpreted. Half the lecture was structured around the example of FERPA, the federal law regulating what teachers can publicly disclose about their students. The big theme was that there is a long journey between the law passed by the legislature and the internal rules imposed by an organization like a corporation or a university which is a little like the game “telephone” except with a bias towards silly caution.

In this case, the end result is an Indiana University regulation saying explicitly that a professor cannot say in a recommendation letter that the student got an “A” in his class, because that would be unauthorized disclosure of grades to a third party. You’d don’t believe it? Take a look at “Main Points for Faculty to Remember” (main points– the picky ones are somewhere else)

“I’m often asked to write letters of recommendation for students for awards, graduate school, or job applications. How does FERPA apply this case?

Statements bas

ed on your personal assessments and observations of the student are not derived from “education records” covered by FERPA. However, you must obtain the student’s written consent if our letter includes such information as the student’s overall GPA, or grades in specific courses….


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The Liberal Consensus in Universities

Sunday, January 23rd, 2005

There is a revealing quote from
an article in New York magazine about Columbia University’s Middle East Studies Department (MEALAC):

“The university should have looked at MEALAC five or ten years ago,” says Richard Bulliet, a historian and colleague of Khalidi’s. “It’s become locked into a postmodernist, postcolonialist point of view, one that wasn’t necessarily well adapted to giving students instruction about the Middle East.” He adds that politicizing a curriculum, or what some call “advocacy teaching,” isn’t always a bad thing. “We’ve had advocacy in the classroom for a long time,” he says. “But in the areas where it’s most visible, like black studies and women’s studies, the point of view tends to coincide with the outlook of the Columbia community–no one feels you have to give the slaveholder’s or male-chauvinist pig’s point of view.” He pauses for emphasis. “But here,” he concludes, “we have an area where no consensus exists. And that’s the problem.”

What is revealing is that he takes it for granted that there is consensus about the positions advocated in black studies and women’s studies. Maybe in universities, but not in America!

Old Words and New Ideas in Religion, Law, and Academia; Chesterton

Sunday, January 23rd, 2005

Pastor Timothy Bayly has an excellent Chesterton quote at the end of
this post on gender-neutered Bible translations:

It is remarked, “We need a restatement of religion”; and though it has been said thirty-thousand times, it is quite true.

It is also true that those who say it often mean the very opposite of what they say. As I have remarked elsewhere, they very often intend not to restate anything, but to state something else, introducing as many of the old words as possible.

(G. K. Chesterton, The Thing, p. 190, “Some of Our Errors”.)

That idea also applies to law. The objective in creating a “living Constitution” is to kill the old Constitution and then resurrect as many old words as possible to dress up a new one.

Interestingly enough, the opposite is true in many academic and artistic fields. In theology and law, tradition is honored, even by those who dislike what is traditional. In academia and some spheres of art, tradition is dishonored, even by those who like what is traditional. As a result, there we tend to get old ideas dressed up in as few of the old words as possible.

The Natural Law Philosophy of Bush’s Second Inaugural

Saturday, January 22nd, 2005

Joseph Bottum has a good
Weekly Standard article on
Bush’s Second Inaugural Address, which I just blogged on. He says, quite rightly, that it is based on the idea of natural law and full of interesting philosophical points….

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The Best Parts of Bush’s Second Inaugural

Saturday, January 22nd, 2005

Here are my favorite quotes from
Bush’s Second Inaugural:

For a half-century, America defended our own freedom by standing watch on distant borders. After the shipwreck of communism came years of relative quiet, years of repose, years of sabbatical — and then there came a day of fire.

Democratic reformers facing repression, prison or exile can know: America sees you for who you are — the future leaders of your free country.

The rulers of outlaw regimes can know that we still believe as Abraham Lincoln did: “Those who deny freedom to others deserve it not for themselves; and, under the rule of a just God, cannot long retain it.”

The leaders of governments with long habits of control need to know: To serve your people you must learn to trust them. Start on this journey of progress and justice, and America will walk at your side.

Self-government relies, in the end, on the governing of the self.

The last one, in red, is the best.

It is worth noting that most of the speech is addressed to the World, not to America.

Getting Chirac in the Right Mood

Friday, January 21st, 2005

A nice
Lileks quote today:

Went over to the Giant Swede’s house for an inaugural supper. Got into an argument over whether the Europeans should be treated with deference to assure future cooperation, or whether Bush should Taser Chirac the moment he sets foot in the Oval Office, just to set the ground rules for term two….

Klein Bottles

Friday, January 21st, 2005

Websurfing recently, probably via Anton Sherwood’s Muttered the Ogre site, I came across this picture of a Klein bottle at the site http://www.kleinbottle.com/, which sells them at reasonable prices. A Klein bottle has no inside. Start on the outside and keep moving your pointer on the surface, and you can come right back the point at which you started, having covered every part of the bottle. A Klein bottle is the 3-D analog to the Moebius strip.

"http://www.kleinbottle.com/images/bigclassicwithsliderule.jpg" width=
" 480 " align= left>

Setting up TypeKey for Movable Type

Friday, January 21st, 2005

With much labor, I have set up the Typekey registration for my weblog. As a result, anybody wishing to comment must sign up with Typekey. When you try to comment, you are given instructions for this easy procedure, which takes effect instantly and is useful for lots of different blogs. The advantage is that spammers don’t sign up….

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