Category: Public Policy

The Luckocracy

It’s better to be lucky than to be good – as any card player will tell you. Of course, over the long haul, talent wins out – but in any given shuffle, the outcome is largely determined by the cards. And the central fact of life is that it’s a one-shot deal. (We hope that top people are working on this problem.) Over many iterations, one would expect talent to dominate other factors. But there are no iterations – how your one passage through life works out is much more about the circumstances you are born into than your individual skills.

Cross-country comparisons vividly illustrate how vast differences in quality of life are primarily attributable to dumb luck, good and bad – to facts completely beyond an individual’s control. Taken at random, a human being is 40% likely to be in India or China, and 5% likely to be in the US (the three most populous nations). American incomes, on average, are about five times greater than Chinese incomes and ten times greater than Indian incomes. The minimum wage in America – about $15,000 per year for a 40 hour work week – is 50% greater than the average Chinese income, and triple the average Indian income. Being born in America is a far better boon to lifetime earnings than being born brilliant or hardworking.

People born into affluence in the West have no more innate talent than the majority of humanity that’s born into grinding poverty – 50% of whom live on less than $2.50 per day; 80% of whom live on less than $10. In fact, people in modern-day stone-age cultures, often surviving on incomes of less than $1 per day, probably have greater innate intelligence than the typical resident of a modern, affluent western city. As Jared Diamond sagely observed, the greatest evolutionary hurdle faced by urban Westerners has, for centuries, been infectious disease. Stone-age cultures are much more violent, putting evolutionary pressure on individuals to be socially and politically adept. Thus it is that Westerners of today descend from ancestors blessed with strong immune systems; while the Pume and Guaja of the Amazon, e.g., descend from ancestors clever enough to survive the machinations of others.

At the margins, individual talent counts for something. In Papua New Guinea, for example, a better gatherer might come home with a larger coconut – but she’s not likely to score a cushy corporate board seat or test into an elite prep school. Millions born in rural India and China have practically zero chance of achieving the living standard of an American stocking shelves at Walmart. If material comfort and length of life are your wishes, it is far better to be born with an ordinary mind in Alabama than to be an Einstein born in Calcutta. Even one’s individual talents are tellingly called “gifts:” what you get – or dont get – is, alas, beyond your control too.

Within individual countries, one finds the same patterns on a more compressed scale. Among Americans, individual incomes are largely predicted by race, gender and parental income. Education is predictive too – but the quantity and quality of an individual’s education are significantly determined by socioeconomic factors – like race and parental income. Education seems to be the consequence of more basic inputs

Americans from disadvantaged backgrounds are not very likely to rise to the highest income levels. Contrary to the myth of “the American Dream,” in no developed country does your parents’ income determine your own income more than it does in the US. The entire world is a luckocracy – but the American luckocracy is absolutely the least meritocratic in the western world. And not only are poor American children much less likely to grow rich – they’re far more likely to suffer such pitfalls as drug abuse, incarceration and teen parenthood, while enduring poorer health and shorter lives. An American child of a low-level Walmart employee is surely far better off than a typical child in the developing world – but he has a much smaller chance of growing rich than a similarly situated person in another western country.

The Field Guide returns on Wednesday, to consider how our knowledge of the luckocracy should inform public policy.

 

 

 

 

 

Liberalism v. Democracy, Round 3

The US invaded Iraq ostensibly to bring democracy to the Middle East. But the Middle East was more in need of liberalism than democracy – then and now. Lying at different points along roughly the same developmental track, Jordan and Tunisia together illustrate a better course for political evolution. Jordan is today an autocracy, under the liberal rule of King Abdullah II. Tunisia had for many years also been a relatively liberal autocracy, until the Arab Spring brought democracy. For decades, both countries have had excellent economic growth – but they are at different stages of development: Tunisian per capita GDP is 50% greater. (Egypt and Libya, which also became democracies in the aftermath of the Arab Spring, are also substantially wealthier than Jordan.) History gives us every reason to hope that Jordan will also, eventually, become a liberal democracy, as its citizens grow wealthier, and demand a larger voice in their own governance.

We might be less hopeful that Egypt will blossom into a liberal democracy, because liberalism did not do especially well under Mubarek. Though the economy grew, extreme wealth inequality kept the middle class relatively small, and corruption was ubiquitous. As for Libya, the present state of affairs is as complicated as was Gaddafi’s leadership. Americans only know Gaddafi for his role in international terrorism, and his regime’s extraordinary repression. Few are aware of his economic reforms – good and bad – which lifted Libyan living standards and life expectancy to among the highest in the region.

Unfortunately, the so-called “rise of the bourgeoisie” that brought democracy to the United States, France and England – and as well to Singapore, Taiwan and Chile – does not occur in countries whose economies are based on mineral wealth, such as Saudi Arabia, Qatar, Brunei and Bahrain. Wealth tends to remain in the hands of the few. Oil gives the state a source of cash, which allows them to keep taxes low and their oligarchs content.

Kuwait – the most liberal and democratic country in the Middle East (including Israel) – is no exception to the rule. Unlike many of its neighbors, Kuwait was a commercial center long before oil was discovered. As in the West, liberalism was born and nurtured in Kuwait among merchants, which yielded a culture that respects rules of trade and property rights. Kuwaitis now enjoy the full gamut of civil and political liberties. Importantly, the example of Kuwait allows us to dispose of the absurd, racist theory that Arabs are somehow ill-suited to democracy.

One cannot fail to mention Hugo Chavez – democratically elected and reelected, and fairly liberal – who in the US was often regarded as illegitimate, or mischaracterized as a dictator. His many policies were a mixed bag and cannot be thoughtfully summed up in the space we have here. But even if you reject them, regimes such as his should be tolerated as hiccups that naturally occur within the framework of the democratic process. (Europeans surely did their best to endure Bush Duh’s two terms with the same sentiment.) The US should not have hesitated to condemn the coup that temporarily removed Chavez from power – because in the long term, Americans are safest and most prosperous in a world of liberal democracies. Once a government evolves to that stage, its perpetuation must be a major US policy goal, overriding the short-term advantages that regime-change might offer.

When time and space permit, the Field Guide will compare and contrast the US response to Chavez’s short-lived coup with its response to the 2014 Ukraine Revolution. And while we’ll revisit the tension between liberalism and democracy in the near future, this coming Friday has been reserved to offer liberals guidance in choosing the best course in the mounting crisis in Iraq.

 

Refs:

http://en.wikipedia.org/wiki/Arab_spring

http://en.wikipedia.org/wiki/List_of_countries_by_GDP_%28PPP%29_per_capita

http://en.wikipedia.org/wiki/Kuwait#Politics

http://en.wikipedia.org/wiki/History_of_Libya_under_Muammar_Gaddafi#Economic_reforms

http://en.wikipedia.org/wiki/History_of_Egypt_under_Hosni_Mubarak#Economy

http://en.wikipedia.org/wiki/Hugo_Ch%C3%A1vez#Presidency:_1999.E2.80.932013

http://en.wikipedia.org/wiki/2014_Ukrainian_revolution

 

 

 

 

 

 

 

Liberalism v. Democracy, Round 2

On Friday, the Field Guide delved into the distinct – and often divergent – traditions of liberalism and democracy. Today we bring them to bear on current events.

The struggle today in the Middle East is eerily familiar. After World War II, with the collapse of colonialism, many countries gained independence, and people across the world got the right to vote for the first time. Going with the political fashion of the day, many voted for socialists. This was extremely troubling for the US and for US business interests: socialist governments were more likely to align themselves with the USSR; and property rights were less secure under socialist democracies than they were under liberal dictators. Largely over the concern of US businesses, the US instigated at least 3 revolutions that overthrew democratically elected governments (Iran 1953; Guatemala 1954; Chile 1973), all of which led to the installation of brutal dictators. Right into the 1980s, Reagan was funding a terrorist organization in its effort to overthrow democratically elected socialists in Nicaragua; while propping up dictatorships from El Salvador to Egypt – including Guatemala and Chile. (Iran deposed its American-sponsored dictator in 1979.)

Analogously, as some in the Middle East vote for the first time, many are going with the most popular political movement in the region today: Islamism. That’s how the Muslim Brotherhood came to power in Egypt, and how Hamas came to power in Gaza – by democratic processes. Elections held today in Iraq or Syria might produce a similar result. And so, once again, the US is finding itself at odds with democracy because of the results it’s producing – while the US is reminded again and again of the usefulness, and-or the lesser evil, of authoritarians.

From a policy standpoint, when judging illiberal democracies and liberal authoritarians, each case must be taken on its own merits. A good rule of thumb for US foreign policy would be that a democracy is good to the extent that it respects minority rights. Given an open and unfettered debate in the marketplace of ideas, one has every reason to believe that such a democracy will naturally find its way to liberalism, simply because it offers the greatest good for every facet of life: economic, health, happiness, and of course, freedom.

What this means is that the US should be tolerant of Islamist-led democratic governments if they allow opposing parties to organize, operate and compete for votes. One must note, however, that parties based on religion, and not reason, tend to be especially intolerant of competing viewpoints, because they often believe that their “truths” are handed down from on high, and thus are not open to debate, much less compromise. The ineptitude of the Tea Party in the US legislature is a fine illustration of this problem. Democracy simply cannot function in the absence of rationality – dogma is anathema to democratic processes.

One might further posit that liberal dictatorships are acceptable, because history has shown that, with time, liberalism begets wealth, and a wealthy populace comes naturally to demand a political voice commensurate with its material well-being. This is the dynamic that brought democracy to much of Europe, and to countries all along the Pacific Rim – and, of course, to the US as well. One hopes the same will happen in China, where an increasingly wealthy class of industrialists should – if history teaches us – also come to demand a role in their own governance. To make a bolder point: within a given polity, it seems constructive for liberalism to precede democracy – for a population to first learn respect for procedural fairness, before taking on self-governance.* That’s how it happened in most of the developed world, perhaps not coincidentally.

Liberal dictatorships, simply put, are not so bad because they tend to be self-eliminating – and liberals should be tolerant of such states as necessary stepping stones toward liberal democracy. Illiberal democracies, by comparison, can be much more persistent, to the considerable expense of their persecuted minorities. The West Bank is a modern example: its Arab population has had no civil or political rights, nor has it known procedural fairness, during nearly a half-century of domination by “democratic” Israel. The Jim Crow South endured for well over 100 years – vestiges are still apparent today, 150 years since the Civil War.

The Field Guide continues Wednesday on the themes of liberalism and democracy, with a look at individual regimes in the Middle East and elsewhere.

 

Refs:

http://en.wikipedia.org/wiki/U.S._intervention_in_Chile#1973_coup

http://en.wikipedia.org/wiki/1954_Guatemalan_coup_d%27%C3%A9tat

http://en.wikipedia.org/wiki/Mohammad_Mosaddegh

http://en.wikipedia.org/wiki/The_Future_of_Freedom

* CT thanks Fareed Zakariah for making this and many other acute observations in his excellent book, The Future of Freedom. While the work of many pundits is dated a month after publication, this 2003 work is as compelling and relevant today as ever.

 

Liberalism v. Democracy, Round 1

Sure, everyone wants both. But throughout most of human history, you’d have been fortunate to have one or the other. And forced to choose, many prefer the security of liberalism to the dignity of democracy.

Not to be accused of splitting hairs, we can agree that, for certain purposes, democracy is an indispensable part of modern-day liberalism. But each tradition – liberalism and democracy – has its own independent history. For the purposes of this essay, when we use the term “liberalism”, we mean procedural fairness: that cops and courts are neutral in their application of the laws, and specifically that property rights are sacrosanct. This form of liberalism does not encompass the right to vote, which of course is the sine qua non of democracy. One must however recognize that rights of speech, assembly and petitioning the government are not guaranteed by democracy, but by liberalism! Majorities, after all, like nothing more than to illegalize the speech, gathering and petitioning of minorities, as occurred in the US during the McCarthy era, e.g., and in every other democracy at some or another time.

The fact is, an illiberal democracy isnt a very fun place to be. Saying the wrong thing in Classical Athens, Revolutionary France, or modern-day Egypt could get you killed. 4 million Palestinians in Gaza and the West Bank can tell you first hand what it means to be a disenfranchised minority in a democracy whose majority has enshrined into law imperialism, colonialism and apartheid. More than 100,000 Japanese-Americans could have pointed out the shortcomings of democracy from their WWII internment camps – as could millions of slaves in the antebellum American South.

Meanwhile, Singapore, Taiwan, South Korea, Colonial America and England were, for many years, liberal dictatorships, and pleasant places to live and work. Talk to a few Syrians about life under Assad, before the civil war, and they’ll tell you that as long as you didnt spout off on politics, life was peaceful and predictable. You went off to work, you came home to family; the streets were safe; the crazies with bad hair and weird beards were few and far between.

It’s not that the right to vote isnt precious – but rather that the right to live your life and be left alone is no less precious. We tend to make a fuss over democracy wherever it flowers – to be too often reminded that it doesnt always smell sweet. Liberalism, distinct from democracy, also deserves its due. A liberal government, democratic or not, guarantees procedural fairness – what Americans call “due process” and the Brits have called “the law of the land” since 1215. You may not get to vote, and printing op-eds can put you in the clink – but if you have a contractual dispute, you can rely on the courts for a fair adjudication. If you pay your taxes, you dont have to worry about the state taking your home away. Many countries have grown rich and prosperous in the absence of democratic processes, because they were fortunate to have a liberal leadership that understood the economic importance of respecting and upholding property rights.

By contrast, democracies can be excruciatingly illiberal. Today across the American south, majorities, if they had their way, would pack minority children into separate, inferior schools, if only to teach them how 6000 years ago, Jesus and His Angels buried faux dinosaur bones to confuse archaeologists. They’d deny rights to gays and women, while stripping away numerous rights of the accused. One American political party, whose sole objective was the perpetuation of segregation, revealingly called itself “The States’ Rights Party.” Their protest, in the end, was that of a majority, frustrated by Constitutional limitations on what majorities are allowed to do. Liberalism, after all, is what protects us from democracy run amok.

The Field Guide resumes this line on Monday, exploring the sometimes competing traditions of liberalism and democracy, and how tension between the two informs US foreign policy today.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

We’re All Socialists

Once you agree that we’re able to identify economic sectors that are neglected by markets, and furthermore accept the government’s role in allocating resources into those sectors, you have subscribed to two of the most important tenets of socialism, and are left to figure out what kind of socialist you want to be.

Some roles of government are so ancient that people take them for granted. No one is regarded as a socialist for asserting that government should build bridges or maintain a fire and police department. However the economic logic of government activity in these areas is not terribly different from the logic behind public education – or public insurance. The distinction between a “capitalist” who supports the government’s role in education, infrastructure and public safety, and a “socialist” who additionally supports the government’s role in insurance is only a matter of degree.

When western societies started pooling resources to collectively educate children in the 18th century, socialism wasnt even a word. All but the most rabid conservatives accept that collecting taxes and spending them to educate children is a proper role for government. (Conservatives get hysterical over the federal government’s role in education.)  Conservative acceptance of public education is as well their tacit acknowledgement of the failure of markets to fulfill the need.

It helps to be reminded of the chasm between “classical” economics and other economic models. Classical economics has it that markets are self-correcting and self-sustaining – that central planners cannot improve on a free market’s allocations. Anyone who accepts public education necessarily rejects classical economics – because if markets could not be improved upon by central planning, then public education would be unnecessary and wasteful – free markets would see to education privately, leaving no need for public schools.

But education markets suffer from several well-known problems. One is access to capital: a five year old cant go to the bank to secure a loan to pay for his education for the next 10 or 20 years. Even if he could, one’s own education is so rife in positive externalities, that it would suffer from chronic underinvestment. (The benefits of your education accrue significantly to other people – if you could somehow capture all of their benefit too, you would be willing to spend a lot more for your own education.) Parents who pay for their child’s education have the same externality problem.

Public education is a big ticket item, dramatically increasing the size of government. In the US, total annual government education spending on all levels will for the first time exceed $1 trillion in 2014. That’s 50% more than the government spends on defense – and almost as much as government spending on healthcare and pensions.

Once you accept our ability to identify failing market sectors, and subscribe in principle to the government’s ability to correct those failures through regulation or outright government provision, you open up the debate as to which market sectors need attention. Beyond education, infrastructure and security, perhaps the next most obvious market failure is insurance – and it’s no coincidence that governments worldwide have been in the insurance business for 150 years.

As conservatives mindlessly rail against government-provided health insurance as socialism, it’s amusing to chide them on their own socialist beliefs. But it’s no less heartening to appreciate the considerable common ground shared by Americans from both ends of the political spectrum.

 

 

Taxing Smokes and Drinks

Smoking is bad for you. Sugar-sweetened sodas are probably bad for you too. But taxes on cigarettes and sugary drinks are dumb and mean-spirited, and liberals should oppose them.

Smoking causes cancer, heart disease and emphysema. Despite this knowledge, some adults still want to smoke – and their decision should be respected, even if most other adults dont understand it. Levying punitive taxes on tobacco – as high as 400% on a pack of cigarettes – as if to help others make the “right” decision, is paternalistic and obnoxious. It’s well known that smoking causes disease – helping it cause poverty too is gratuitous.

Many are familiar with the argument: since society ultimately picks up the tab for the health consequences of smoking, society can rightfully tax it to reduce smoking rates. Milton Friedman rightly critiqued this as a slippery-slope to tyranny – that the sum of such policies will greatly erode liberty. But few realize that the math doesnt work either: smoking probably reduces government spending because smokers live shorter lives, and so collect less social security than they would otherwise. We should be glad to pay a premium for liberty – but it’s nice to know that we can let smokers smoke in peace without fretting over the bill.

Conservatives look stupid when rejecting gay love or marriage – seemingly unable to make the rather simple inference that gays can naturally and normally have romantic feelings for members of the same sex, even though such feelings can seem strange or repugnant to some heterosexuals. The inability to tolerate – much less acknowledge the validity of – preferences different from their own, reveals a fundamental lack of insight and imagination.

But liberals look just as stupid when they beat up on the working-class over their Marlboros and Coke Classic. Driving without a seatbelt is idiotic – but if informed adults want to go that way, they should have at it, free of state intrusion. It is in fact NOT at all obvious how one goes about weighing the trade-offs between unhealthy behaviors and shortened lives. You dont have to understand why someone else is willing to give up 10 or 20 years to smoke, eat badly, ride a motorcycle or skydive – but as a liberal, you must accept their informed decision, else you fall into the same species of error that conservatives make on gay rights.

There’s also a more modern, fancier slippery slope: that since smoking is addictive, we can dismiss the choice of adults to smoke because their decision is not consensual. We might treat smokers as people who have been duped into an addiction, and so disregard their apparent preference, and look for ways to help set them straight. Despite the efficacy of medical models for the treatment of drug abuse and addiction, invalidating the considered, informed decisions of adults is dangerous business. A liberal society demands that adults be given the benefit of the doubt.

Liberals are sometimes rightly critiqued as elites who are so sure they know better than other people, that they’re willing to substitute their judgement for those they deem to be in need of guidance. Smoking and obesity patterns follow class lines, with poor, uneducated working people far more likely to smoke and be overweight. Cigarette taxes thus seem as paternalistic as they are regressive, and feed the perception that liberals are out of touch with the working class.

Respecting other people means, above all, recognizing that their choices on activities that impact their own lives are valid per se. It is the government’s role to disseminate information so people can make the best possible decisions. But manipulating prices through tax policy to impact preferences is simply not a proper role for a liberal government. The decisions of informed adults should be respected, even if they are not understood.

 

 

Regulating The Business of Racism

Not all rights in the Bill of Rights are equal. Every right you have depends on your ability to go before an impartial judge to complain of your treatment at the hands of the executive; and your ability to communicate your preferences to other people, including your representatives in the legislature. If all of your other rights were lost, as long as you still had the right to speak your mind and be heard, there’d still be hope. This is why government regulation of expression is so dangerous, no matter how well-intended it may be. The right to speak your mind is the most precious right you have. Reciprocally, the government’s power to censor human expression is its most dangerous.

Many countries have laws against “hate speech.” Depending on where you are, you can be imprisoned for advocating for genocide (Canada); for insulting or disparaging someone’s race, religion, skin color or sexual orientation (Denmark, Iceland), or for denying that the Holocaust happened (France, Belgium) – just to give a few examples. In the US, all such laws would be unconstitutional – leaving Americans relatively free to spew whatever madness or hatred that strikes their fancy.

Then there’s the US Civil Rights Act. While a private citizen can put up racially offensive signs on his front lawn, or publish newsletters denigrating particular ethnic groups, in business he is NOT free to discriminate against customers or employees on the basis of race or religion. This dichotomy is justified because commerce does not get the same protection as civil and political expression. (Up until recently, the US Supreme Court understood the difference between a person and a firm; and between speaking and spending.) Some conservatives complain that this is an overreach of government power – that forcing a restaurant owner, e.g., to serve whites is a denial of his property rights, if not his right to express a particular view by a specific means.

The NFL’s Washington franchise, as a business under US law, cannot discriminate against customers or employees on the basis of race. It is not clear whether a Native American working for the firm could sue the team on the theory that its use of the term Redskins constitutes a form of harassment. For illustration, one might imagine a black supremacist starting a business that prints racially disparaging bumper-stickers. (The Field Guide defers to its readership the imagining of a few especially offensive examples.) Clearly, a white person who applies for employment in such a firm must be treated equally for hiring purposes. But once hired, could he thereafter sue the firm because production of its only product constitutes a denial of his civil rights?

The aim is to demonstrate that several liberal principles are in conflict in this set of issues. Protecting the sensibilities of minorities is important. No less important in a polyglot society is the value of toleration – ensuring individuals a maximum of latitude to live and organize their lives. But free speech – and by free we mean specifically free of government regulation – is paramount. Compared to other western democracies, the US stakes out an extreme position re the government’s power to regulate the content of speech. The Field Guide submits that the US gets it right on this issue – even if in some instances, the result is distasteful.

The Washington franchise has been stripped of its trademarks – this is entirely appropriate and was long overdue. But empowering the government to prevent the firm’s use of a racial slur as its team name; or to forbid its use of a racially inflammatory logo, would be a mistake. One must have faith that liberal values, given time enough, will be borne out – as they always have. Empowering the state to censor the speech of racists – even big racist firms – gives the cause of liberalism a small victory, at too dear a cost. It is nothing more than the majority silencing the expression of a minority it deems unworthy. Though the end may seem attractive, the means, when stripped down to its bare bones, are as ugly as ever.

Consider the best argument against the flag-burning amendment: A flag sheltered by threats to personal liberty can never be a symbol of liberty, and as such, is worthless. Likewise, when liberalism manipulates the apparatus of government to stifle expression it finds noxious, it destroys its core precepts: that the condition of individual liberty will ultimately lead our species to the best of all possible worlds; that given free exchange in the marketplace of ideas, the best ideas will ultimately prevail. Even when progress toward that end is sometimes too slow, empowering the government to pick winners and losers among ideas is itself the worst idea of all.

 

Refs:

http://en.wikipedia.org/wiki/Hate_speech

 

Note to Field Guide friends and readers: the hazy, crazy, lazy days of summer are upon us, and the Field Guide’s stalwart staff is not immune. CT has commanded a two (2(!)) week cessation of all LFG-related activities, to commence not later than sundown on Friday – encouraging all to use some vacay to nurture the liberal spirit, and if that fails, to drink till inebriation and dialogue members of the opposite (or same) sex till accession.

CT will remain at the home office to oversee the fine-tuning of our trusty LFG woodchipper – and while he’s left open the possibility of reposting hidden gems from the Field Guide’s dusky past, we will return in full freshness on Wednesday July 16th –

 

 

 

NBA, NFL and the Business of Racism

The NBA has revenues of more than $5 billion. Its 30 teams have a collective valuation, per Forbes, of $19 billion – though given recent sales of other sports franchises, that’s probably understated. And so when one owner got caught making racially disparaging remarks, 29 others moved swiftly to excise the canker from the league’s cajillion dollar body. While final, legal closure will likely require years in court (the kind without hoops), it is, as far as fans and players are concerned, largely settled. The league rose to the occasion and cast out a resident racist, allowing the rest to move on.

The case of Donald Sterling is interesting and heartening because it will very likely be put to rest by operation of market forces, with a racist owner dispatched from the NBA because racism is bad for business. When racism is made to go away by private actors, without recourse to the coercive power of the state, that’s a good thing, and a sign of progress.

In contrast, the case of Washington’s NFL franchise is not likely to go away any time soon. Washington has been using a racial slur as its team name since 1933. As far back as 1968, the National Congress of American Indians condemned the team’s use of Redskins; scores of other Native American tribes and organizations have subsequently followed suit – just in case the point had been missed by Washington’s ownership, which was infamous for being among the most racist in professional sports. (In 1962, threatened with eviction from their home stadium by the federal government, they became the last pro football team to integrate – while playing in a city that was more than 50% black.)

Last week, the US Patent and Trademark Office revoked Washington’s team trademarks, deeming the Redskins name and image to be racially disparaging, and thus not entitled to trademark protection. This is the second time that the USPTO has issued such a decision. They did so first in 1999 – a decision that was later reversed.

There can be no serious debate as to whether “Redskins” is a racial slur, Dictionaries are unanimous. Decades of usage may have had a desensitizing effect – but try to Imagine yourself addressing a roomful of Native Americans as Redskins, and any remaining doubt will vanish. A harder question is the proper role of the state in adjudicating, if not remedying, the situation.

Consider that between Sterling’s comments and Washington’s name, the latter case is far more egregious, persisting now for more than 80 years, validated day in and day out by the league, its players and fans; in the mouths of sponsors, announcers and members of the press. The reason the matter persists is simply that Native Americans are not economically significant enough for NFL ownership, its players or fanbase to rethink current practice. Most people dont care – and Native Americans lack the political or economic capital to force them to reconsider.

While Sterling’s comments merited a severe rebuke, the size and swiftness of the response was driven not by the size of the insult, but by the amount of money at stake. Or, as stated above, it was not resolved by justice but by commerce. In Washington’s case, commerce may not be enough to make its ill-conceived team name go away – and justice may not have an answer either.

While trademark revocation is appropriate, it will have some undesirable effects if it stands. Clearly, it will hit the team in the wallet, which was petitioners’ objective. But Washington, with an estimated worth of $1.7 billion, may find the name valuable enough to keep, even in the absence of trademark protection. More perversely, anyone will be able to manufacture and sell merchandise with the Redskins name and logo, without having to get permission or pay licensing fees. According to basic economic theory, this will lead to a significant INCREASE in the supply of Redskins-branded items, and a drop in price. In other words, with its trademark protection revoked, use of the Redskins name and logo on commercial merchandise should become MORE widespread than ever.

Beyond revoking the trademark, it’s not clear what the government can or should do. Liberals must tread carefully in areas involving freedom of expression, including so-called hate speech – of which this matter is a sub-species. The Field Guide will take the issue up when we return on Friday.

 

Refs:

http://en.wikipedia.org/wiki/Washington_Redskins_name_controversy

http://en.wikipedia.org/wiki/Redskin_%28slang%29

http://www.theatlantic.com/entertainment/archive/2014/06/a-linguist-on-why-redskin-is-racist-patent-overturned/373198/

http://en.wikipedia.org/wiki/Washington_Redskins#Integration_controversy

http://www.npr.org/2011/09/04/140066378/a-showdown-that-changed-footballs-racial-history

http://en.wikipedia.org/wiki/Donald_Sterling#Racial_remarks_and_lifetime_ban

http://www.forbes.com/nba-valuations/list/

http://www.forbes.com/sites/kurtbadenhausen/2014/01/22/as-stern-says-goodbye-knicks-lakers-set-records-as-nbas-most-valuable-teams/

http://www.forbes.com/nfl-valuations/list/

 

 

 

Crime and Punishment and Yet More Punishment

Which country has the highest incarceration rate in the world? The US. And that’s not merely the highest incarceration rate among rich countries or western countries or developed countries. The US has more prisoners as a function of its population than any country on the planet. You can rattle off the worst regimes for human rights: Burma, Cuba, China, Yemen, Saudi Arabia. But on locking ’em up, the US smokes ’em all. And it isnt even close. The US jails 40% more people than Russia or Cuba – more than doubles Iran – triples UAE, Singapore and Turkmenistan – quadruples Albania – quintuples Iraq. We could go on – we probably should go on – but you get the idea.

And that’s just the ugly part of the story – the weird (and still ugly) part is that the US doesnt even have an especially high crime rate. Lots of murders, yes indeed – but violence and property crime is no more common in the US than in Western European countries with far lower incarceration rates. Higher US incarceration rates can NOT be explained away as a response to higher crime in the US – because crime rates in the US arent that high.

Neither can higher US incarceration rates be explained by a historical increase in crime. Crime in the US peaked in 1991, and has fallen steadily for more than 20 years. Since 1991, violent crime rates have fallen by half, and property crime rates have fallen by 30-40%. Meanwhile incarceration rates have risen by 50%! Put otherwise, the US property crime rate today is about the same as it was in 1968. The US violent crime rate today is about the same as it was in 1971. The murder rate is about the same as it was in 1963. And yet the incarceration rate in the US is FIVE TIMES HIGHER than it was in the 60s and early 70s.

Just in case we’ve somehow failed to drive home this point: the US locks up an outrageous number of people. Whether compared to other countries, taken in historical context, or as a function of crime, there are way, way WAY too many Americans in prisons – we’re talking easily triple what there should be, by any international or historical comparison.

An closer look reveals two key factors behind astronomical US incarceration rates: drug laws, and the length of sentences. The so-called war on drugs has succeeded in putting a large number of non-violent offenders in US prisons. Stricter sentencing means that even though Americans do NOT get sent to prison much more often than residents of other countries, Americans tend to stay in prison far longer per sentence.

Clearly, no one should ever go to prison merely for choosing to ingest a substance – and in the twilight between now and the day that that becomes law, America should work to systematically reduce the number of people who go to prison for nonviolent drug-related crimes; and should work to shorten the sentences of those already incarcerated. The latter is precisely the plan recently backed by AG Eric Holder. It’s only a modest improvement on what remains a draconian set of laws – but it’s a change for the better, and, one hopes, a step toward the dismantling of the US prison-industrial complex.

 

Refs:

http://en.wikipedia.org/wiki/Crime_in_the_United_States

http://www.dailymail.co.uk/news/article-1196941/The-violent-country-Europe-Britain-worse-South-Africa-U-S.html

http://en.wikipedia.org/wiki/List_of_countries_by_incarceration_rate

http://www.nationmaster.com/country-info/stats/Crime/Property-crime-victims

http://www.msnbc.com/msnbc/doj-eric-holder-urges-reduced-prison-sentence-plan

http://www.politico.com/blogs/under-the-radar/2014/03/holder-makes-new-move-to-shorten-drug-sentences-185034.html

 

 

 

Amnesty the Inescapable

The problem with US immigration law is that it was not written to deal with the reality of 12 million undocumented people living within the US. You might conceptualize it as 4% of the entire US population, or as one out of every twenty-five US residents, or as the equivalent of the population of Illinois.

In any case, it’s a whole lotta people, and American laws can neither normalize them, nor facilitate their removal. For the latter, one should be thankful. The SS was only able to round up 6 million people across Continental Europe. Whatever police power the US would require to remove double that number from within its own borders – it’s not a creature that Americans would want to create, much less live beside.

Not to worry though – present immigration enforcement personnel are no where near the size they’d need to be to even make a dent. Consider that New York City has 40,000 police officers serving 8 million people in a 300 square mile area. By comparison, the United States has 5,000 Immigration and Customs Enforcement agents to deal with 12 million undocumented aliens living among 300 million other people in a 3,800,000 square mile area. The US Border Patrol has another 21,000 officers, patrolling a 5,500 mile border with Canada and a 2,000 mile border with Mexico. Given that the Border Patrol operates up to 100 miles inland from borders, you have 21,000 officers for an area the size of Nebraska containing 200 million people.

The problem isnt simply in the math. In practice, no country subject to a bill of rights, with hard and fast limits on the power and intrusiveness of the police, could find, hold, try and deport 12 million people. This is why amnesty will be central to any future law that meaningfully deals with America’s immigration reality – not because amnesty is just or fair, but because nothing else is practical.

Which leads us to a matter worth mentioning, if only in passing: the drubbing of Eric Cantor. Many say he was simply outflanked on the right by the tea party in traditional fashion – that his pro-immigration-reform stance was interpreted as too pro-business. Paul Krugman theorized that the GOP bait ‘n switch has broken down: that candidates running on social issues – abortion, guns, the death penalty – will now be taken to task for pro-business policies elsewhere. A more parsimonious explanation is that Cantor is simply a lousy politician. He is, after all, absurdly conservative – a major player in the manufactured debt ceiling crisis, which was extremely popular among arch-conservatives – Cantor failed to communicate his role in it. Even his position on immigration is extreme – allowing a path to citizenship only for people who were brought to the US as minors.

The central teaching of Cantor’s defeat is really a very old lesson, but one worth retreading: GOP voters and politicians are utterly divorced from reality. The US Congress can no more change the color of the sky via legislation than they can resolve our immigration difficulties without relying heavily on amnesty.

 

Refs:

http://en.wikipedia.org/wiki/United_States_Border_Patrol

http://en.wikipedia.org/wiki/U.S._Immigration_and_Customs_Enforcement#Enforcement_and_Removal_Operations_.28ERO.29

http://en.wikipedia.org/wiki/New_York_City_Police_Department

http://www.wired.com/2008/10/aclu-assails-10/

http://www.texasobserver.org/border-patrol-takes-no-for-an-answer-at-internal-checkpoints/

http://rt.com/usa/court-upholds-laptop-border-searches-041/