Richard Epstein on getting environmental law right

Image

How to beat the share market

Become a United States senator. Their share portfolios out-perform the best of the best hedge fund managers, and the best hedge fund manager was paid 3 1/2 billion dollars last year; to get on the list for the top hedge fund manager, you make at least $300 million a year. Good things that politicians know how to outperform them on their modest salaries and busy schedules of public engagements and parliamentary sittings.

 

Using the financial disclosures of politicians, "Abnormal Returns From the Common Stock Investments of Members of the U.S. House of Representatives," built model portfolios and charted their performance. They found that House members outperform the market by 6 percentage points. Senators do even better, the authors say, citing their own earlier research from 2004.

Senate portfolios "show some of the highest excess returns ever recorded over a long period of time, significantly outperforming even hedge fund managers," with gains that are "both economically large and statistically significant."

These results suggest that congressmen and senators have access to non-public information on  particular businesses, industries or the economy as a whole and invest on  the basis that information. The good returns of Senators  and Congressmen last far too long to be no more than luck.


Hate speech is still speech, and much of hate speech is the gauche expression of everyday ideas

A lot of polite political conversation is, on close inspection, hate speech but expressed with the manners your mother taught you. Well-brought up children can get their ideas across  with just as much bite as the uncouth without going potty mouthed.

Now let’s think of religion: leaving to one side the hateful things religions say about each other, according to them religious types, we non-believers are supposed to burn in the Devil’s own private furnace. As I recall, Baptists believe that the Pope is the Antichrist and the mass is idolatry.

In an age of information overload, it is easy to fall back on our own prejudices and insulate ourselves with comforting opinions that reaffirm our core beliefs. the blogosphere forms into information cocoons and echo chambers. People can avoid the news and opinions they don’t want to hear.

The politically correct are often among the most uncouth. Some of the worst things said about Sarah Palin in 2008 cannot be repeated on a blog hoping to be safe to view at work.

Marxist ideologies even worse: it should have a trigger warning over the entire field because of a hurtful things it says about capitalists and their motivation.

Scorn, ridicule and satire is as welcome as a bee sting and is always controversial to some and continuously goes beyond the bounds of good taste and conventional manners. Scorn, ridicule and satire often shock people into reconsidering their world view.

In a court case about a particularly vile cartoon in Hustler about Jerry Falwell, the United States Supreme Court said:

Debate on public issues will not be uninhibited if the speaker must run the risk that it will be proved in court that he spoke out of hatred; even if he did speak out of hatred, utterances honestly believed contribute to the free interchange of ideas and the ascertainment of truth…

The appeal of the political cartoon or caricature is often based on exploitation of unfortunate physical traits or politically embarrassing events – an exploitation often calculated to injure the feelings of the subject of the portrayal.

A good example of using shock value to make a point is the Ohio strip club that held a topless counter-protest outside a church they were attempting to shut down.

strippers

The target of their counter-protest was a church that spent the last nine years protesting outside their club seeking to shut it down. You must admire both side’s determination.

What is capitalism

Free-market capitalism is a network of free and voluntary exchanges in which producers work, produce, and exchange their products for the products of others through prices voluntarily arrived at.  - Murray Rothbard

Image

The politics of women’s self defence tips

Image

What a member of parliament is, is a legal curio. So are heads of state.

Under the Sale of Offices Act 1809, the sale of House of Commons seats was outlawed so membership of parliament must be freehold property. Prior to that 1808 Act, there is a lively trade in seats in the House of Commons: you can buy them outright, or just rent a seat  for a session of Parliament.

  • Being paid a salary as a member of parliament is very 20th century with the House of Representatives beating the House of Commons by 5 years.
  • Back in 1695, the House of Commons resolved that offering a bribe to a Member of Parliament shall be a high crime and misdemeanour liable to impeachment, and an MP accepting such a bribe shall be a matter of privilege.
  • In 1858, the House resolved to prohibit advocacy for fee or reward.
  • In 1947, a further resolution banning MPs from entering agreements which restricted their freedom to act and speak, or require them to act as a representative of outside bodies.

Prior to the 19th century virtually all European civil appointments were made through outright sale or patronage, included judicial courts, public finance, sheriffs, and notaries public so the offices were freeholds – effectively private property.

Once an office had been granted it could be mortgaged, sold privately or through public auction, and bequeathed to heirs. The key source of income from most offices was the right to charge fees for service.

The buying and selling applied to army officer commissions, but never to the British navy for reasons explained by Doug Allen in his clever writings on the economics of patronage and veniality. The sale of military commissions ended in 1871.

The queen is corporation sole in perpetual succession – she or he may possess property as monarch which is distinct from the property he or she possesses personally, and may do acts as monarch distinguished from their personal acts.

Elizabeth II has several corporations sole – Her Majesty the Queen in Right of the United Kingdom, Her Majesty the Queen in Right of Canada, Her Majesty the Queen in Right of Australia are all distinct corporations sole. She is also a distinct corporation sole for states and provinces.

Ministers of the crown can be corporations sole. This is administratively convenient as regards the ownership of property because it facilitates continuity when the office-holder changes.

There ends today’s trivia.

Why Bills of Rights

 

Advertising and free speech: the best test of truth is the power of the thought to get itself accepted in the competition of the market

Image

The deterrent effect of the sentences handed down in the immediate aftermath of the London riots 2011

Savage criminal sentences were handed down by the courts in the days after the London riots in 2011.

  • Nicholas Robinson (aged 23) was sentenced to 6 months imprisonment for stealing bottles of water (worth £3.50) from a looted shop in Brixton. His previous good character and early plea of guilty to a non-dwelling burglary, as well as the low value of goods stolen, the fact he was in education, and his remorse, were in his favour. These meant the magistrate decided to not send him up to the Crown Court where he would face a possible higher sentence.
  • Danielle Corns (19) was sentenced to 10 months for stealing two left-footed trainers in Wolverhampton and leaving them outside the shop.
  • Two 20-year olds were sentenced to 4 years imprisonment for creating a Facebook riot event in Northwich (which didn’t occur and to which no one attended).

7 out of 10 of sentences issued in the aftermath of the London riots were upheld in full in the Court of Appeal. Any reductions were modest. The longer sentence handed out was 23 years for conspiracy to murder to the leader of a gang who planned to drive to the riots carrying guns to attack the police.

Carpetright store after Tottenham riots.jpg

Brian Bell, Laura Jaitman and Stephen Machin (2014) used this sudden change in the judicial wind to measure the impact of tough sentences on crime.

Across London, they found a significant drop in “riot crimes” – burglary, criminal damage and violence against the person – over the six months following the riots.

Other crimes showed a tendency to increase, as though criminals were substituting away from these “expensive” crimes and towards the “cheaper” ones.

Crime is occupation choice: criminals commit crime because they find that profitable to do so. When criminals  anticipate that crime will be less profitable and more likely to be accompanied by the prison experience, less crimes are committed.

HT: timharford.com

Why Capitalism is Better than Socialism even under ideal conditions

HT: Anti-Dismal.

H.L. Mencken on poverty as a cause of crime

HT: David Skarbek

Can One Enviropreneur Save an Endangered Species? See for Yourself | Learn Liberty

The anticapitalist mentality

Capitalism stands its trial before judges who have the sentence of death in their pockets. They are going to pass it, whatever the defense they may hear; the only success victorious defense can possibly produce is a change in the indictment.  - Joseph Schumpeter

Image

The first Justice Harlan on a colour-blind constitution

Image

Does mandatory arrest rules deter domestic violence?

  1. Many states have passed mandatory arrest laws, which require the police to arrest abusers when a domestic violence incident is reported. These laws were justified by a randomized experiment in Minnesota which found that arrests reduced future violence.

  2. Using the FBI Supplementary Homicide Reports, Iyengar found that mandatory arrest laws actually increased intimate partner homicides. He hypothesized that this increase in homicides is due to decreased reporting.

  3. Iyengar investigate validity of this reporting hypothesis by examining the effect of mandatory arrest laws on family homicides where the victim is less often responsible for reporting. For family homicides, mandatory arrest laws appear to reduce homicides.

  4. This study provided evidence that mandatory arrest  laws may have perverse effects on intimate partner violence, harming the very people they were seeking to help.

  5. Finding  that mandatory arrests deters victim reporting rather than perpetrator abuse provides valuable insight into the intricacies facing attempts to decrease intimate partner violence.

Source: Radha Iyengar “Does Arrest Deter Violence? Comparing Experimental and Non-experimental Evidence on Arrest Laws” in The Economics of Crime (2010) Chapter 12.

Figure 1: Plot of fifteen-year compilation of 911 calls and arrests for simple assault in Colorado Springs versus increase in population

But see “Explaining the Recent Decline in Domestic Violence” by Amy Farmer and Jill Tiefenthaler in Contemporary Economic Policy (2003) who found that three important factors  were likely to have contribute to the decline in domestic violence in the USA in the 1990s:

(1) the increased provision of legal services for victims of intimate partner abuse,

(2) improvements in women’s economic status, and

(3) demographic trends, most notably the aging of the population.

Previous Older Entries Next Newer Entries

Vincent Geloso

Econ Prof at George Mason University, Economic Historian, Québécois

Bassett, Brash & Hide

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Truth on the Market

Scholarly commentary on law, economics, and more

The Undercover Historian

Beatrice Cherrier's blog

Matua Kahurangi

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Temple of Sociology

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Velvet Glove, Iron Fist

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Why Evolution Is True

Why Evolution is True is a blog written by Jerry Coyne, centered on evolution and biology but also dealing with diverse topics like politics, culture, and cats.

Down to Earth Kiwi

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

NoTricksZone

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Homepaddock

A rural perspective with a blue tint by Ele Ludemann

Kiwiblog

DPF's Kiwiblog - Fomenting Happy Mischief since 2003

The Dangerous Economist

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Watts Up With That?

The world's most viewed site on global warming and climate change

The Logical Place

Tim Harding's writings on rationality, informal logic and skepticism

Doc's Books

A window into Doc Freiberger's library

The Risk-Monger

Let's examine hard decisions!

Uneasy Money

Commentary on monetary policy in the spirit of R. G. Hawtrey

Barrie Saunders

Thoughts on public policy and the media

Liberty Scott

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Point of Order

Politics and the economy

James Bowden's Blog

A blog (primarily) on Canadian and Commonwealth political history and institutions

Science Matters

Reading between the lines, and underneath the hype.

Peter Winsley

Economics, and such stuff as dreams are made on

A Venerable Puzzle

"The British constitution has always been puzzling, and always will be." --Queen Elizabeth II

The Antiplanner

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Bet On It

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

History of Sorts

WORLD WAR II, MUSIC, HISTORY, HOLOCAUST

Roger Pielke Jr.

Undisciplined scholar, recovering academic

Offsetting Behaviour

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

JONATHAN TURLEY

Res ipsa loquitur - The thing itself speaks

Conversable Economist

In Hume’s spirit, I will attempt to serve as an ambassador from my world of economics, and help in “finding topics of conversation fit for the entertainment of rational creatures.”

The Victorian Commons

Researching the House of Commons, 1832-1868

The History of Parliament

Articles and research from the History of Parliament Trust

Books & Boots

Reflections on books and art

Legal History Miscellany

Posts on the History of Law, Crime, and Justice

Sex, Drugs and Economics

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

European Royal History

Exploring the Monarchs of Europe

Tallbloke's Talkshop

Cutting edge science you can dice with

Marginal REVOLUTION

Small Steps Toward A Much Better World

NOT A LOT OF PEOPLE KNOW THAT

“We do not believe any group of men adequate enough or wise enough to operate without scrutiny or without criticism. We know that the only way to avoid error is to detect it, that the only way to detect it is to be free to inquire. We know that in secrecy error undetected will flourish and subvert”. - J Robert Oppenheimer.

STOP THESE THINGS

The truth about the great wind power fraud - we're not here to debate the wind industry, we're here to destroy it.

Lindsay Mitchell

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Alt-M

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

croaking cassandra

Economics, public policy, monetary policy, financial regulation, with a New Zealand perspective

The Grumpy Economist

Celebrating humanity's flourishing through the spread of capitalism and the rule of law