Eric Rasmusen’s Weblog

From National Review:

“In all our FDA history, we are unable to find a single instance where a Congressional committee investigated the failure of FDA to approve a new drug. But the times when hearings have been held to criticize our approval of a new drug have been so frequent that we have not been able to count them. The message to FDA staff could not be clearer.” [Former FDA Commissioner Alexander Schmidt]

Here’s more evidence, from John Fund, that the 2006 election could be a triumph not for the Democrats, but for the Republicans— if they play their very strong hand of immigration cards instead of throwing them away.

Of the 17 House Democrats who face the toughest races this fall, 13 voted for the get-tough bill passed by the House last December. And some of the 17 Republicans who voted against the enforcement-only House bill are having second thoughts. Rep. Mark Souder, who saw his vote percentage drop about 10 points against the same hapless challenger he faced in the 2004 primary, says, “there is a pot boiling out there. We’ve got to secure the border first.”

Whatever the Democrats may say, those votes show what they really think about the congressional-race politics of immigration.

Another sign is that of the sensitive Senator McCain:

• Even Sen. John McCain, one of the main backers of a comprehensive immigration solution, made a bow to the passions behind the immigration issue when he addressed the same GOP convention in Utah that rebuffed Rep. Cannon. “The present system is broke. It’s a failed federal policy,” he told the GOP delegates. “We need a comprehensive approach, but first we have to fix our borders.”

When John McCain talks about securing the border first, you know the politics of the debate are shifting. That means supporters of a rational approach that goes beyond mere fence-building and enforcement have to be realistic about what is possible this year–especially should Rep. Cannon lose.

Zen and the Art of Motorcycle Maintenance–another view, from Professor Smith:

The philosopher Arthur Schopenhauer held that life was nothing but the meaningless chasing after of things, which, if we ever do attain, we just get bored with anyway. This certainly seems to be the case in my neighborhood, where people appear to chase after things constantly, usually on dirt bikes. A dirt bike, for those of you not familiar with the term, is a particularly noisy kind of motorcycle used to kill desert flora. You chase and chase with a dirt bike, but why and where is not so clear. Perhaps it is happiness they seek. If so, they do not seem to find it, because they keep coming back. One suspects they have not discovered that what tranquility there is to be found in life comes from aesthetic experience, not racing around on small but loud motorcycles. Or perhaps this is just a small example of what Schopenhauer means when he avers that life is just suffering.

Via Instapundit, Diana Hsieh posts a letter from a Colorado philosophy professor which is wonderfully written and argued. His point is that Ward Churchill’s behavior is not typical, but extraordinarily bad, by the standards of philosophy departments, at least.

1. Teaching Math In 1960
A logger sells a truckload of lumber for $100. His cost of
production is 4/5 of the price. What is his profit?

2. Teaching Math in 1970
A logger sells a truckload of lumber for $100. His cost
of production is 4/5 of the price, or $80. What is his profit?

3. Teaching Math In 1980
A logger sells a truckload of lumber for $100. His cost
of production is $80. Did he make a profit?

4. Teaching Math In 1990
A logger sells a truckload of lumber for $100. His cost of
production is $80 and his profit is $20. Your assignment: Underline the
number 20.

5. Teaching Math In 2000
A logger cuts down a beautiful forest because he is selfish
and inconsiderate and cares nothing for the habitat of animals or the
preservation of our woodlands. He does this so he can make a profit of
$20. What do you think of this way of making a living?

6. Teaching Math In 2010
Un hachero vende una carretada de maderapara $100. El
costo de la produccion es $80.

One thing I wonder a lot about is whether a Bible text is directed towards its immediate audience or towards Christians in general. God told Abraham in Genesis 22 [+/-]Genesis 22 [22:1]After these things God tested Abraham and said to him, "Abraham!" And he said, "Here am I." [2]He said, "Take your son, your only son Isaac, whom you love, and go to the land of Moriah, and offer him there as a burnt offering on one of the mountains of which I shall tell you." [3]So Abraham rose early in the morning, saddled his donkey, and took two of his young men with him, and his son Isaac. And he cut the wood for the burnt offering and arose and went to the place of which God had told him. [4]On the third day Abraham lifted up his eyes and saw the place from afar. [5]Then Abraham said to his young men, "Stay here with the donkey; I and the boy will go over there and worship and come again to you." [6]And Abraham took the wood of the burnt offering and laid it on Isaac his son. And he took in his hand the fire and the knife. So they went both of them together. [7]And Isaac said to his father Abraham, "My father!" And he said, "Here am I, my son." He said, "Behold, the fire and the wood, but where is the lamb for a burnt offering?" [8]Abraham said, "God will provide for himself the lamb for a burnt offering, my son." So they went both of them together. [9]When they came to the place of which God had told him, Abraham built the altar there and laid the wood in order and bound Isaac his son and laid him on the altar, on top of the wood. [10]Then Abraham reached out his hand and took the knife to slaughter his son. [11]But the angel of the LORD called to him from heaven and said, "Abraham, Abraham!" And he said, "Here am I." [12]He said, "Do not lay your hand on the boy or do anything to him, for now I know that you fear God, seeing you have not withheld your son, your only son, from me." [13]And Abraham lifted up his eyes and looked, and behold, behind him was a ram, caught in a thicket by his horns. And Abraham went and took the ram and offered it up as a burnt offering instead of his son. [14]So Abraham called the name of that place, "The LORD will provide"; as it is said to this day, "On the mount of the LORD it shall be provided." [15]And the angel of the LORD called to Abraham a second time from heaven [16]and said, "By myself I have sworn, declares the LORD, because you have done this and have not withheld your son, your only son, [17]I will surely bless you, and I will surely multiply your offspring as the stars of heaven and as the sand that is on the seashore. And your offspring shall possess the gate of his enemies, [18]and in your offspring shall all the nations of the earth be blessed, because you have obeyed my voice." [19]So Abraham returned to his young men, and they arose and went together to Beersheba. And Abraham lived at Beersheba. [20]Now after these things it was told to Abraham, "Behold, Milcah also has borne children to your brother Nahor: [21]Uz his firstborn, Buz his brother, Kemuel the father of Aram, [22]Chesed, Hazo, Pildash, Jidlaph, and Bethuel." [23](Bethuel fathered Rebekah.) These eight Milcah bore to Nahor, Abraham's brother. [24]Moreover, his concubine, whose name was Reumah, bore Tebah, Gaham, Tahash, and Maacah. (ESV)
to kill his son, but that does not mean we should kill our sons. The Great Commission is an example of a text dubiously used: Matthew 28:16-20 says: (more…)

Judge Posner has a good review, “Justice Breyer Throws Down the Gauntlet,” Yale Law Journal 115:1699-1717 (2006), of Justice Breyer’s new book on jurisprudence. Part of it will be useful if Prof. Kreft and I get going on our idea about liberty: (more…)

I’ll vent a bit on immigration. It’s preposterous to say we could not enforce immigration laws. Compared to other laws–say, against burglary– they are simple to enforce. Employers are, by definition, people with money and thus able to pay fines. Employees, also, by definition, have money and can pay fines. Illegals who are living off of crime are likely to be arrested soon– check for immigration status of everyone arrested (and everyone stopped for speeding). Illegals probably are using electricity– check for status there too.

Once they are allowed neither to work nor to commit crimes, most illegals will leave.

Here’s another reason (besides gerrymandering) why the Republicans will hold onto the House this year: the roll call vote on the border security bill in December 2005.

. …………… Ayes Noes PRES NV
Republican 203 17 11
Democratic 36 164 2
Independent 0 1 0
TOTALS 239 182 13

I’ve been trying to find information on the conviction of Lay and Skilling for fraud involving Enron, but it’s hard. What I’d like to know is what they’ve been convicted of. “Securities fraud” is what is said, but what does that mean? Does it mean they were selling bonds to the public while making false claims about their company? If so, what were the false claims? Is it that the accounting numbers did not properly represent the health of the company? As far as I’ve heard, while it is clear the public had the wrong impression of the company’s health, it not at all clear that the accounting deviated from standard, GAAP practice— it is just that they were very clever about manipulating the rules.

I suppose I should just wait. Bainbridge, Ribstein, and Volokh will no doubt have more to say later.

I thought I’d write up some notes for graduate students on this topic.

1. The hours are short.

No. You work much longer hours than in most jobs. The mistake arises, perhaps, because you set most of your own hours. So does a restaurant owner/manager, but that doesn’t mean it is advisable for him to decide to take a random evening off for golf. He can enjoy himself for a while, but soon the collapse will come. (more…)

An amazing sign of moral decline is that it is news that a town says that when a man and a woman shack up they don’t constitute a family: (more…)

(1) David Friedman has an interesting post on judicial error, “Can Judges be Criminally Negligent?” Of course, they can’t, and wouldn’t be even if ordinary criminal negligence law was applied to them, but what about being *civilly* negligent? Here’s his astounding example: Davis v. Wyeth Laboratories, Inc., 399 F.2d 121 (9th Cir.(Idaho) Jan 22, 1968, Merrill, J.), which reaches its holding via an arithmetic mistake:

(more…)

The WSJ has a lead editorial on the shocking stripping of citizenship of a Dutch member of parliament for being anti-Islamist: (more…)

The public acknowledgement of the seriousness of the homosexuality charges against the founder of the Legion of Christ says good things about Pope Benedict, though I don’t know if it’s good or bad news overall for the Roman Catholic Church. Good news, I think, given that the charges against him are old news. The Vatican news release says

“After having attentively studied the results of the investigation, the Congregation for the Doctrine of the Faith, under the guidance of the new prefect, Cardinal William Joseph Levada, decided – bearing in mind Fr. Maciel’s advanced age and his delicate health – to forgo a canonical hearing and to invite the father to a reserved life of penitence and prayer, relinquishing any form of public ministry. The Holy Father approved these decisions.

“Independently of the person of the Founder, the worthy apostolate of the Legionaries of Christ and of the Association ‘Regnum Christi’ is gratefully recognized.”

That last paragraph is a kicker!

(more…)

Peter Tatchell at The Guardian tells us that though he is an atheist himself, he is qualified to tell the difference between a good Christian (an American Episcopalian Bishop who supports homosexuality) and a pseudo-Christian (an African Anglican archbishop who says homosexuality is sinful):

In contrast to Dr Williams’s sad abandonment of gay people, Episcopal Bishop John Bryson Chane of Washington DC has courageously spoken out against the victimisation of lesbians and gay men by the Nigerian government and condemned the cruel sermonising of Akinola and the Anglican Church of Nigeria.

Bishop Chane’s support for the human rights of gay Nigerians accords with a gospel of love and compassion, while Akinola’s homophobia embodies only hatred and ignorance….

Amen to that! I may be an atheist, but I know a good Christian when I hear one, and Bishop Chane, unlike the Archbishop of Canterbury, is on the side of the angels. Bless him. Homophobia embodies only hatred and ignorance. …

Talk about hatred and ignorance!

Over at Volokh Conspiracy they’re having a discussion of Judicial Review and Marbury v. Madison. Here’s one approach, the natural one, if not necessarily the correct one.

Start with the premise that everyone is supposed to obey the Constitution and the laws. In particular the Courts are supposed to, and in particular particular the Supreme Court. Thus, if the Supreme Court thinks that a federal statute criminalizing abortion conflicts with the U.S. Constitution, it can refuse to help enforce such a law. Without the courts, it is hard for the Executive to enforce it— it requires setting up Executive branch courts, which would result in a constitutional crisis (more…)

I got an email from a consulting firm asking me to complete a survey. It said,

The survey should take no more than 10-15 minutes to complete, and we would really value your feedback. As a thank you, all surveys completed by 5th June 2006 will be entered into a Prize Draw, where 10 winners will each receive their choice of $1000-worth of books from the publisher.

This is an interesting problem in practical game theory. I don’t know how many other people have received the email. If I did, I would try to calculate what percentage would answer it. If 0, then I would answer it myself. If 2 of 2, I would also. If 900,000 of 1,000,000 I would not. The solution is in mixed strategies–random ones. What should I do?

There are about 26 million people in Iraq. About 35,000 civilians have been killed over 3 years, which is 11,667 civilian deaths per year. That is a rate of 45 per 100,000 per year. Washington DC has a murder rate of 44 per 100,000 (Stat Ab USA, table 296).

So Washington DC and Iraq civilians have about the same rate of death by intentional violence. (more…)