…that this article doesn’t refer to the man who tried to run down cops with his car as “unarmed.”
Who should investigate police abuse?
I don’t usually agree with The New Yorker’s Jeffrey Toobin, but this is a fairly good article:
When local district attorneys investigate local police officers, there is an inherent conflict of interest. In virtually all usual circumstances, police and prosecutors are partners, working together to build cases against defendants. This is especially true in a place like Staten Island, where the elected district attorney, Dan Donovan, both works closely with the police and answers to many of them as his constituents. As Schneinderman noted, on the rare occasions when prosecutors investigate the police, even when all parties act with the best of intentions, “the question is whether there is public confidence that justice has been served*, especially in cases where homicide or other serious charges against the accused officer are not pursued or are dismissed prior to a jury trial.”
Schneinderman, the AG of the state of New York, has proposed a solution: appoint the AG! But even the Democratic DA of Brooklyn, Kenneth Thompson, has rejected that idea in no uncertain terms:
Thompson pointed to potential practical problems””saying that it would stretch the attorney general too thin, particularly if it came to include all accusations of police brutality, not just those that ended in death. But Thompson’s objections were also more profound. “As the duly elected district attorney of Brooklyn, I am more than able to thoroughly and fairly investigate any fatality of an unarmed civilian by a police officer,” Thompson said. Indeed, Thompson recently brought a police-brutality case against two officers, and is investigating the recent police-shooting death of an unarmed man in a housing project.
The solutions are hard to come by.
It reminds me of a knotty problem that occurs a lot in law (and elsewhere, too): how to replace a flawed system with a system that isn’t even more flawed than the one it replaced. More often than not (although certainly not always!) in law, I’ve observed that it tends to be better to have a system that features more variation, more local control, and more people making decisions, than to streamline the process and have fewer people or one person making decisions (special prosecutor, complete federal control).
That is the inherent problem with special prosecutors. Not only are they not answerable to the people they serve, and especially the local community, but they are only one person. Toobin writes [emphasis mine]:
Still, special prosecutors are not necessarily good or bad. Like the locals they replace, they are only as good as the cases they bring, or refrain from bringing. That, ultimately, will rest on the good judgment of the individuals involved, and no one has yet figured out a way of putting the right person in place all the time.
I hope that last (emphasized) part of Toobin’s sentence was meant to be somewhat tongue-in-cheek, and that he realizes such a thing would be impossible. There can be no “right person all the time.” If Toobin isn’t aware of that, it’s a flaw in his thinking.
[ * NOTE: There are a great many members of the public whose definition of “justice” appears to be ends-based rather than means-based. That is, they decide what result they want to see based on their politics and feelings rather than the evidence, and then if the process doesn’t yield that verdict they define the process itself as unjust. Such people will not be satisfied by a mere change of process unless it reliably yields the verdicts they wish to see.]
Happy New Year and away with trans fat sprinkles
Eat up on those sprinkles for the next two days, they’re going the way of other trans fats:
…[T]he federal ubernannies have decreed that sprinkles should no longer adorn kids’ ice cream because they contain the trans fat that liberal groups once pushed for.
Come the New Year, the Food and Drug Administration, ignoring the principle that in most cases it’s the dose that defines the poison, will issue new regulations designed to remove even trace amounts of hydrogenate oils, commonly known as trans fats, from our diets.
I wonder how many people eat enough sprinkles to matter. I’m certainly not one of them. Sprinkles used to taste better when I was a kid; maybe because back then they weren’t made of trans fats? When trans fats came into play the health pushers said they were better for you than the other sort of fat. Woe, the irony!:
…[T]rans fats were once pushed by liberal groups such as the Center for Science in the Public Interest. This poster child for the food police in 1988 published a book titled “Saturate Fat Attack” that condemned the use of saturated and polyunsaturated fats then in vogue. Food companies soon switched to trans fats, a move for which CSPI proudly took credit.
The worm turns, what goes up must come down.
But when I read the news about sprinkles I couldn’t quite imagine that food manufacturers would give up on them so easily. Won’t the trans fat sprinkle be replaced by some other type of fat sprinkle? Inquiring minds wish to know, and since my mind is certainly inquiring I discovered to my relief that the sprinkle will go on:
In fact, the Paulaur Corporation has already removed trans fats from its line of sprinkles by using a non hydrogenated palm oil…
“Food police” opponent Jayson Lusk argued that there was no need to ban trans fats because food companies had already reduced the amount that was used because of new labeling laws.
So don’t worry, be happy.
And in New England, it’s all about the jimmies. When I first emigrated there, I was stunned to discover that the little thingees New Yorkers and the rest of America call “sprinkles” are called “jimmies” there. No reason for it; they just are, and that’s that, and no, it’s not a racist thing.
Does anyone think…
…this won’t ultimately end with doctors being ordered to take Medicaid patients, or else find another profession?:
Just as millions of people are gaining insurance through Medicaid, the program is poised to make deep cuts in payments to many doctors, prompting some physicians and consumer advocates to warn that the reductions could make it more difficult for Medicaid patients to obtain care.
The Affordable Care Act provided a big increase in Medicaid payments for primary care in 2013 and 2014. But the increase expires on Thursday ”” just weeks after the Obama administration told the Supreme Court that doctors and other providers had no legal right to challenge the adequacy of payments they received from Medicaid.
The impact will vary by state, but a study by the Urban Institute, a nonpartisan research organization, estimates that doctors who have been receiving the enhanced payments will see their fees for primary care cut by 43 percent, on average.
Stephen Zuckerman, a health economist at the Urban Institute and co-author of the report, said Medicaid payments for primary care services could drop by 50 percent or more in California, Florida, New York and Pennsylvania, among other states.
I wrote “ultimately end” with doctors being required to take Medicaid patients or leave medicine. But that probably won’t be the ultimate end; government-run health care will.
I wrote about much the same issue a little over a year ago. In that post, I also discussed what had happened to the practice of medicine in the Soviet Union, and its legacy in the Russia of today. It makes very sobering reading.
Found
One wouldn’t think that news of wreckage and multiple bodies being pulled from the sea could be classified as “good.”
But given what we already very strongly suspected—which was that AirAsia Flight QZ8501 had crashed, and that the likelihood of survivors was very poor—and given the continued unknown whereabouts of Malaysia Airlines Flight 370, the news that the wreckage of QZ8501 has been found and that 40 bodies have been recovered so far can be considered “good” in the relative sense, despite its horrific nature.
There was always more hope of finding this plane than of locating Flight 370. We didn’t know much about QZ8591, but at least we knew that it had encountered bad weather, and that it had probably gone down suddenly in waters that were less than 150 feet deep. Had it not been for the mystery of Flight 370, it would have assumed that QZ8501 would have been found in due time. That is what has happened, and there is every reason to suppose that the flight data recorder and cockpit voice recorder will be recovered and we will learn the most likely cause of the disaster.
The plane was found about six miles from where it lost radio contact with the ground, and there are reports that a plane-shaped “shadow” can be seen under the water. In addition:
The aircraft’s last request – to climb higher to avoid a storm – was turned down…
Geoffrey Thomas, editor of AirlineRatings.com, told Sky News: “We have a radar plot which shows the plane actually climbing through 36,300ft – it wasn’t given permission to do that.
“It also shows that its speed had decayed by 134mph and dropped dramatically to a level where it couldn’t sustain flight.”
I heard a supposed aviation expert on some cable news program saying that pilots usually are steered around storms, not above them, because the storm ceiling is often high and gaining altitude can cause more instability rather than less. Any pilots out there might be able to say whether that is correct.
RIP to all the victims, and prayers for their grieving families and friends.
Looking back: a portrait of Obama in law school
This article appeared at HuffPo in 2008. It was written by Jackie Fuchs, a woman who went to law school with Obama, and is one of those pieces that are enriched by hindsight.
The following excerpt from the portrait of Obama should seem very recognizable to anyone who’s been around for the past six years. But back in 2008 most people probably found it way too critical. My only surprise is that HuffPo published it back then:
When I met Barack Obama, in our first year of law school, he had already put on his big-time politician act. He just didn’t quite have it polished, and he hadn’t figured out that he needed charm and humor to round out the confidence and intelligence. One of our classmates once famously noted that you could judge just how pretentious someone’s remarks in class were by how high they ranked on the “Obamanometer,” a term that lasted far longer than our time at law school. Obama didn’t just share in class – he pontificated. He knew better than everyone else in the room, including the teachers…
The Barack with whom I went to school wasn’t the Barack that debuted on the national stage at the 2004 Democratic National Convention, but the president suit was already on, even if it was still too big for him. In law school the only thing I would have voted for Obama to do would have been to shut up. When he made that speech almost exactly four years ago, I wanted to vote for him. For something, for anything. Now, as his vision of himself becomes a real possibility, though, I find that he may have filled out that suit all too well. It’s hard to see the humanity underneath. Even the humor feels calculated now.
Interesting that Fuchs thought Obama obnoxiously arrogant and full of himself in law school, but by the time she heard his 2004 speech she was completely taken in. He had mastered a way to mask the narcissism and cast a spell among even those who knew better.
Fuchs doesn’t seem to have written anything political since 2009, at least nothing I can find online. I wonder what she thinks of Obama now? She can get to say “I told you so” if she cares to, but she doesn’t seem to care to.
Ludwig von Mises has some things to tell us [Part II]
[Part I here.]
Some more gems from von Mises:
Representative democracy cannot subsist if a great part of the voters are on the government pay roll. If the members of parliament no longer consider themselves mandatories of the taxpayers but deputies of those receiving salaries, wages, subsidies, doles, and other benefits from the treasury, democracy is done for.
Experience shows that nothing is operated with less economy and with more waste of labor and material of every kind than public services and undertakings. Private enterprise on the other hand naturally induces the owner to work with the greatest economy in his own interest.
What distinguishes civilized man from a barbarian must be acquired by every individual anew.
Modern civilization will not perish unless it does so by its own act of self-destruction. No external enemy can destroy it.
It is not true that the dangers to the maintenance of peace, democracy, freedom, and capitalism are a result of a revolt of the masses. They are an achievement of scholars and intellectuals, of sons of the well-to-do, of writers and artists pampered by the best society.
The only task of the strictly Liberal state is to secure life and property against attacks both from external and internal foes.
The concept of a just or fair price is devoid of any scientific meaning; it is a disguise for wishes, a striving for a state of affairs different from reality.
Many of our contemporaries are firmly convinced that what is needed to render all human affairs perfectly satisfactory is brutal suppression of all bad people, i.e., of those with whom they disagree.
Government is not, as some people like to say, a necessary evil; it is not an evil, but a means, the only means available to make peaceful human coexistence possible. But it is the opposite of liberty. It is beating, imprisoning, hanging. Whatever a government does it is ultimately supported by the actions of armed constables. If the government operates a school or a hospital, the funds required are collected by taxes, i.e., by payments exacted from the citizens.
The government pretends to be endowed with the mystical power to accord favors out of an inexhaustible horn of plenty. It is both omniscient and omnipotent. It can by a magic wand create happiness and abundance.
No one can find a safe way out for himself if society is sweeping towards destruction. Therefore everyone, in his own interests, must thrust himself vigorously into the intellectual battle. None can stand aside with unconcern; the interests of everyone hang on the result.
Only the literati are enthusiastic about poverty, i.e., the poverty of others. The rest of mankind, however, prefer prosperity to misery.
The intellectual leaders of the peoples have produced and propagated the fallacies which are on the point of destroying liberty and Western civilization.
Man can never become omniscient. He can never be absolutely certain that his inquiries were not misled and that what he considers as certain truth is not error. All that man can do is to submit all his theories again and again to the most critical reexamination.
Lenin’s ideal was to build a nation’s production effort according to the model of the post office.
It is a fact that a hundred years ago only a few people anticipated the over-powering momentum which the anti-libertarian ideas were destined to acquire in a very short time. The ideal of liberty seemed to be so firmly rooted that everybody thought that no reactionary movement could ever succeed in eradicating it.
Marx and Engels never tried to refute their opponents with argument. They insulted, ridiculed, derided, slandered, and traduced them, and in the use of these methods their followers are not less expert. Their polemic is directed never against the argument of the opponent, but always against his person.
There is no evidence that social evolution must move steadily upwards in a straight line. Social standstill and social retrogression are historical facts which we cannot ignore. World history is the graveyard of dead civilizations.
The incomparable success of Marxism is due to the prospect it offers of fulfilling those dream-aspirations and dreams of vengeance which have been so deeply imbedded in the human soul from time immemorial. It promises a Paradise on earth, a Land of Hearts Desire full of happiness and enjoyment, and ”” sweeter still to the losers in life’s game ”” humiliation of all who are stronger and better than the multitude. Logic and reasoning, which might show the absurdity of such dreams of bliss and revenge, are to be thrust aside.”¦ It is against Logic, against Science and against the activity of thought itself.
That last one just may be my favorite. But they’re all good.
Here are the answers
Here are the things on that list I’ve done, and those I have yet to get around to:
”“bought a new car
A lot of people thought I’d surely done this. But no. Probably never will, either, although about four years ago I bought my dark green Fusion used. Still looking mighty spiffy, if I do say so myself. I like to buy slightly used cars because they tend to be a really good deal.
”“painted my toenails
Yes, indeed. I do it myself, though. Never had a pedicure. I don’t like people messing with my feet.
”“been fired, or fired anyone
This one still holds.
”“had my horoscope done
Nope. Don’t believe in it, although it would be sort of fun.
”“eaten anything bigger than my head
That would be hard, wouldn’t it? But this Christmas holiday I ate enough lebkuchen to sink a ship. And the last piece tasted as good as the first.
”“lied about my age
Alas, to my great shame, I uncharacteristically succumbed to the temptation under a special set of circumstances. But not again.
”“worn a T-shirt that said anything
Yes, a borrowed one.
”“kissed a man with a beard
Yep.
”“seen any of the “Godfather” movies
One evening I figured enough was enough and decided it was time to get with the program and fulfill my cultural obligations as a red-blooded American. So I watched the first two in quick succession, a regular Godfather marathon (didn’t watch the third because I’d heard it was dreck). They were intermittently interesting, and I love Al Pacino, although much less so Marlon Brando. But did I feel the movies are among the all-time greats, as so many seem to think? No, no, a thousand times no. Violent and cold, why should I care about this gangster family? I realize that 90% of Americans may disagree with me, in many cases quite vehemently.
”“owned a cat, or wanted to
No, and no, and probably never. I am a dog person through and through.
As for your guesses: no one got all five right, but many people were pretty darn close. The big stumbling block seemed to be the new car. Doom and LB both got four right, but Doom guessed the car instead of the toenails and LB guessed the car instead of the bearded man. Both NeoConScum and southpaw got four but guessed the car instead of the T-shirt. Parker got four, too, but guessed the cat instead of the age.
Somehow, after all these years of writing this blog, I bet you sense a lot about me.
Another missing airliner
Sadly, an AirAsia flight leaving from Indonesia and bound for Singapore has gone missing with 162 souls on board.
Unlike the still-disappeared Malaysian flight, the AirAsia flight lost contact in a specific area and had reported bad weather immediately prior to the vanishing, so there is hope that we will know more in the not-too-distant future about what happened.
10 things I’ve never done—not
I was looking for something else last night and instead came across this post from early in my days as a blogger, nearly ten years ago. It was written in answer to one of those memes that used to be tossed around among bloggers when the whole blogging endeavor was relatively new: a request that I list 10 things I’d never done.
The first thing I noticed about the post is that it was Norm Geras who gave me the meme. He was a big blogger back in the days, and very helpful to a lot of us when we were first starting out. But alas, Norm is no longer with us; he died a little over a year ago (my tribute to Norm is here).
As for that list, here it is again:
10 Things I’ve Never Done
”“bought a new car
”“painted my toenails
”“been fired, or fired anyone
”“had my horoscope done
”“eaten anything bigger than my head
”“lied about my age
”“worn a T-shirt that said anything
”“kissed a man with a beard
”“seen any of the “Godfather” movies
”“owned a cat, or wanted to
What a difference almost ten years makes. It turns out that since then I’ve done 5 of the things on the list. Which ones do you think they might be?
Ludwig von Mises has some things to tell us (Part I)
I read a tremendously relevant quotation from the philosopher and economist Ludwig von Mises (1881-1973) the other day and decided I’d have to learn more about him:
Mises’s greatest contribution [was] his demonstration that socialism cannot function as a rational economic system and that private ownership of the means of production is necessary if value is going to be maximized and waste is going to be minimized in the production process.
…He demonstrated that it was impossible to know whether a particular production process was wise (resource-optimizing) or unwise (resource-wasting) in the absence of prices for the means of production. His socialist critics accepted this, and Oskar Lange suggested that a statue of Mises be given a place of honor by the socialist Central Planning Board…
Mises’s arguments, and the arguments of those who have followed him, do not merely undermine arguments for pure, global socialism. They also undermine arguments for interventionism more generally. Economists take a lot of heat for focusing on market exchange and material prosperity, and it is fashionable in some circles to say that “there is more to life than economic efficiency” as if that decides an argument in favor of intervention. Not so: people respond to incentives, even when you don’t want them to, and the knowledge-destroying and incentive-distorting effects of interventionism all too often bring with them unintended consequences that not only reduce economic efficiency but also harm precisely the intended beneficiaries of the intervention.
Obviously a man to be reckoned with, although even some on the right have felt he was too extreme, and later he become fairly isolated within the profession. He marched to nobody else’s drummer, and had the courage of his convictions and then some. He’d seen the Nazis come to power, and wasn’t about to be cowed by a bunch of his fellow economists.
Somewhere along the line I lost the original quote that prompted me to read about him, but since Mises is eminently quotable I had no difficulty whatsoever finding more of his writings that appealed to me. I don’t agree with everything he wrote, but I found so many quotes to admire and ponder that I’m going to break this post into two parts, in order to give you time to savor how brilliantly stated and apropos they are to today. And remember, most of them are from the 1920s through the 1960s:
How one carries on in the face of unavoidable catastrophe is a matter of temperament. In high school, as was custom, I had chosen a verse by Virgil to be my motto: Tu ne cede malis sed contra audentior ito. Do not give in to evil, but proceed ever more boldly against it. I recalled these words during the darkest hours of the war. Again and again I had met with situations from which rational deliberation found no means of escape; but then the unexpected intervened, and with it came salvation. I would not lose courage even now. I wanted to do everything an economist could do. I would not tire in saying what I knew to be true.
My theories explain, but cannot slow the decline of a great civilization. I set out to be a reformer, but only became the historian of decline.
The social system of private property and limited government is the only system that tends to debarbarize all those who have the innate capacity to acquire personal culture.
Seen from the point of view of the particular group interests of the bureaucrats, every measure that makes the governments payroll swell is progress.
A government enterprise can never be commercialized no matter how many external features of private enterprise are superimposed on it.
The boom produces impoverishment. But still more disastrous are its moral ravages. It makes people despondent and dispirited. The more optimistic they were under the illusory prosperity of the boom, the greater is their despair and their feeling of frustration.
History does not provide any example of capital accumulation brought about by a government. As far as governments invested in the construction of roads, railroads, and other useful public works, the capital needed was provided by the savings of individual citizens and borrowed by the government.
A society that chooses between capitalism and socialism does not choose between two social systems; it chooses between social cooperation and the disintegration of society. Socialism is not an alternative to capitalism; it is an alternative to any system under which men can live as human beings.
No civilized community has callously allowed the incapacitated to perish. But the substitution of a legally enforceable claim to support or sustenance for charitable relief does not seem to agree with human nature as it is… The discretion of bureaucrats is substituted for the discretion of people whom an inner voice drives to acts of charity.
Since the third century Christianity has always served simultaneously those who supported the social order and those who wished to overthrow it. . . . It is the same today: Christianity fights both for and against Socialism. [That was written in 1922, by the way].
[To be continued…]
The guilty police
Some of the recent furor over some of the incidents in which black people have died at the hands of police is understandable. The death of Eric Garner was a situation in which it is not a stretch to say that police may have been at fault, and the death of 12-year-old Tamir Rice pointing a BB gun that looked like a semiautomatic weapon at people was likewise a complex and controversial judgment call.
But the continuing outrage at the death of Michael Brown, who was clearly attacking a police officer, and the recent shooting death of a Berkeley Missouri man who was pointing a very real gun at a policeman, indicates that at this point there may be no killing of a black person by police that would be acknowledged to be justified by a certain segment composed of leftists and many black activists.
To them, there is literally no behavior by a black person that would justify police self-defense. Police are defined as racist and abusive until proven innocent, and the bar to proving innocence is extraordinarily high and perhaps even insurmountable. Have we gotten to the point where all perps are innocents, and police are expected to be willing to die as sacrifices to avoid even the barest possible whisper or accusation of racism?
It is strangely similar to the situation we have arrived at with President Obama, in the sense that there now appears to be practically nothing Obama could do that would lead to impeachment, or even to the black community (or liberals) turning on him. The rejoinder towards his critics is always racism, and Obama himself has encouraged this from the very start.
It is, to say the least, an over-correction.
