Government – Page 135 – artdiamondblog.com

Suing the Pants Off Private Enterprise: Illustrating the Case for Tort Reform

The Dry Cleaners that was sued for $67.3 million dollars, to compensate a Washington, D.C. judge for a lost pair of pants. Source of the photo: online version of the NYT article cited below.

WASHINGTON, June 12 — Roy L. Pearson Jr. wanted to dress sharply for his new job as an administrative law judge here. So when his neighborhood dry cleaner misplaced a pair of expensive pants he had planned to wear his first week on the bench, Judge Pearson was annoyed.

So annoyed that he sued — for $67.3 million.

The case of the judge’s pants, which opened for trial in a packed courtroom here on Tuesday, has been lampooned on talk radio and in the blogosphere as an example of American legal excess. And it has spurred complaints to the District of Columbia Bar and city officials from national tort reform and trial lawyer groups worried about its effect on public trust in the legal system.

“I don’t know of any other cases that have been quite this ridiculous,” said Paul Rothstein, a professor of law at Georgetown University.

. . .

“You are not a we, you are an I,” Judge Bartnoff said in one of several testy exchanges with Judge Pearson, 57, who is representing himself. “You are seeking damages on your own behalf, and that is all.”

Later, while recounting the day he says the cleaners tried to pass off a cheaper pair of pants as his, Judge Pearson began to cry, asking for a break and dabbing tears as he left the courtroom.

For the full story, see:

ARIEL SABAR and SUEVON LEE. "Judge Tries Suing Pants Off Dry Cleaners." The New York Times (Weds., June 13, 2007): A13.

The Korean immigrant owners of the dry cleaners who were being sued for $67.3 million dollars. Source of the photo: online version of the NYT article cited below.

Mugabe Driven by Quest for Power, More than from Paranoia, or Marxism: More on Why Africa is Poor

No one outside of Mr. Mugabe’s inner circle, of course, can say with certainty why he has pursued policies since 2000 that have produced economic and social bedlam. For his part, Mr. Mugabe says Zimbabwe’s chaos is the product of a Western plot to reassert colonial rule, while he is simply taking steps to fight that off.

Among many outside that circle, however, the growing conviction is that Zimbabwe’s descent is neither the result of paranoia nor the product of Mr. Mugabe’s longstanding belief in Marxist economic theory. Instead, they say, Zimbabwe is fast becoming a kleptocracy, and the government’s seemingly inexplicable policies are in fact preserving and expanding it.

. . .

Mr. Mugabe’s government declares currency trading illegal, but regularly dumps vast stacks of new bills on the black market, still wrapped in plastic, to raise foreign exchange for its own needs, business leaders and economists say.

The nation’s extraordinary hyperinflation, last pegged by analysts at 10,000 percent a year, is an economic disaster that, by all accounts, the government needs to address. Yet after it ordered merchants in July to slash their prices, cadres of policemen and soldiers moved into shops to enforce the new controls, scoop up bargains and give friends and political heavyweights preferential access to cheap goods.

. . .

Mr. Mugabe’s 25-bedroom mansion in Borrowdale, the gated high-end suburb of Harare, the capital, is the locus of a boomlet that has spawned luxury homes for government and party officials. (Mr. Mugabe said his mansion was built with goods and labor donated by foreign governments.)

Mr. Mugabe arrived to open Zimbabwe’s Parliament this month in a Rolls-Royce. Equally telling, the legislature’s parking lot was crammed with luxury cars.

Such riches have been accompanied by a steep decline in living standards for just about everyone else. The death rate for Zimbabweans under the age of 5 grew by 65 percent from 1990 to 2005, even as the rate for the world’s poorest nations dropped. Average life expectancy here is among the world’s lowest, according to the United Nations.

For the full commentary, see:

MICHAEL WINES. "News Analysis; Zimbabwe’s Chaos: The Powerful Thrive." The New York Times (Fri., August 3, 2007): A8.

(Note: ellipses added.)

The Case for Patent Law Reform

The author of the commentary quoted below is the head lawyer for Intel. I believe that the evidence is strong that patents can provide strong incentives for innovation. But the devil is in the details. I have not studied the Patent Reform Act of 2007, so I am not sure whether, overall, it is an improvement over the current rules. But the case for reform is strong, and the topic is one that highly deserves further research.

(p. A15) The U.S. patent system is beginning to show its age; outpaced by the swift evolution of technology and commerce, it increasingly favors speculators over innovators, impeding innovation and economic growth. Fortunately, the bipartisan "Patent Reform Act of 2007," introduced in both the House and Senate, would improve the process for granting patents, and rebalance court rules and procedures to ensure fair treatment when patents wind up in litigation. The Senate Judiciary Committee will take up S.1145 today.

Congress needs to pass this bill, during this session, as the need for reform is clear. Nationwide, the number of patent lawsuits nearly tripled between 1991 and 2004, and the number of cases between 2001 and 2005 grew nearly 20%. Until 1990, only one patent damages award exceeded $100 million; more than 10 judgments and settlements were entered in the last five years, and at least four topped $500 million. One recent decision topped $1.5 billion.

The number of questionable, loosely defined patents, moreover, is rising. One company holds patents that it claims broadly cover current technologies that allow people to make phone calls over the Internet. Another has staked a claim on streaming video over the Internet generally and has pursued colleges for royalties on their distance-learning programs. In 2002, a five-year-old boy patented a method of swinging on a swing.

Unfortunately, under current law, parties that want to innovate in areas covered by questionable patents have only two options, both of them bad: an ineffective, rarely used re-examination process, or litigation — the average cost of which is, by some estimates, $4.5 million. This impedes innovation, as the FTC noted: "One firm’s questionable patent may lead its competitor to forgo R&D in the areas that the patent improperly covers."

For the full commentary, see:

BRUCE SEWELL. "Patent Nonsense." The Wall Street Journal (Thurs., July 12, 2007): A15.

Think “Passports” When You Hear a Call to Grow the Government

In an earlier blog entry, I expressed my own personal outrage at the passport debacle.

HOUSTON, June 6 — With government phone lines jammed by record numbers of passport-seekers, Veronica Alvarez and three anxious friends hoping to travel to Cancun next week showed up at the federal building here on Wednesday at 3 a.m.

There were 11 people in line ahead of them.

“We’ve been calling for a week every day,” said Ms. Alvarez, 29, a bank clerk, who joined about 1,200 people who have been besieging the downtown office here daily for word on their passports, some of which were requested in February.

The State Department has acknowledged long delays from “unprecedented demand” after new rules requiring passports for travelers returning from Mexico, Canada and the Caribbean. It expects to announce new measures soon to ease the nationwide crush.

. . .

Much of the spike in applications is attributed to the Western Hemisphere Travel Initiative, which went into effect Jan. 23 and requires passports, merchant mariner documents or frequent-traveler Nexus cards for air travelers returning from Canada, Mexico, Central and South America, the Caribbean and Bermuda. Next January, the requirement is likely to be extended to ship, rail and road travelers.

But somehow, the government seemed caught by surprise when crowds began besieging passport offices this spring.

. . .

“Basically, they’ve taken my money,” said Kevin Owens, 39, an oil industry employee, who sent in an expedited application April 20 and, with a June 14 trip to Jamaica looming, was still passportless. “The whole process is —” he searched for a word — “lacking.”

. . .

A nervous Brianna Pollinger, 35, of suburban Katy, Tex., arrived at the passport office on Tuesday not knowing whether she would be able to leave Friday on a 10-year anniversary trip to Mexico with her husband. But after waiting nearly eight hours, she emerged with a prized blue-covered booklet. Was she mollified? “Oh, no,” she said. “I definitely minded.”

For the full story, see:

RALPH BLUMENTHAL. "Travelers Face Frustrations With Passport Rule Changes." The New York Times (Thurs., June 7, 2007): A20.

(Note: ellipses added.)

Notice how excited those in line seem to be at hearing what passport official Eric Botts ist telling them. Source of photo: online version of the NYT article cited above.

Pyramids Can Take Many Forms: More on Why Africa is Poor

My Wabash economics prof Ben Rogge used to say that rulers have always liked to spend the people’s money to build pyramids intended to proclaim the glory of the ruler. But in modern times the rulers have to be a tad more subtle than the Egyptians, so, for instance, in Brazil they build Brazilia, instead of actual pyramids.

And according to the story below, summarized from the May 2007 IEEE Spectrum, in Africa, they build large dams.

Small dams could help deliver electricity to much of Africa’s population, but since they lack the prestige of larger-scale projects, few of them get built.

. . .

In Uganda, which has plenty of rivers and streams to supply power, Mr. Zachary describes how a small water-power generator, supplied by a small nearby dam, delivers 60 kilowatts of energy to a nearby hospital. The generator would barely be enough to run a single magnetic-resonance imaging machine, a staple in Western hospitals. But it does provide enough power to light the hospital and keep basic equipment running for the 100 nurses and doctors who work there. The entire generation system cost $15,000 to build.

Still, Africa’s leaders are unlikely to abandon their preference for big public works, says Mr. Zachary, since they create thousands of construction jobs and reinforce the political might of the central government.

For the full summary, see:

"Informed Reader; ENERGY; Small Dams Might Help to Electrify Africa." The Wall Street Journal (Tues., May 8, 2007): B10.

(Note: ellipsis added; the original article in IEEE Spectrum is by G. Pascal Zachary.)

How to Protect Against Bad Drugs: “Don’t Take Them”

The FDA’s major problem is not laxity, but zealotry. Its current get-tough view on conflict of interest only aggravates the fundamental flaw in its institutional design. Transfixed on the harms drugs can cause, the FDA remains largely oblivious to the harms they can prevent. Any delay in the use of a successful drug is costly: The delay matters little to the FDA, but a great deal to the thousands who plea for compassionate exemptions to try a drug that has not met with FDA approval. Nor is the FDA sensitive, as individual physicians surely are, to the simple fact that a drug which cannot be tolerated by one person works wonders in another.

. . .

Right now, we all have a simple expedient to protect ourselves against dangerous drugs that make it to the market: Don’t take them. But we have no protection at all when the FDA denies us that choice in the first place. Right now the pace of drug approval is too slow. We don’t need the FDA to slow it up still further.

For the full commentary, see:

Richard A. Epstein. “Drug Crazy.” The Wall Street Journal (Mon., March 26, 2007): A12.

(Note: ellipsis added.)

Congestion Pricing in NYC Will Reduce Traffic and Pollution

Traffic congestion on Ninth Avenue in New York City. Source of photo: online version of the NYT article cited below.

(p. A1) ALBANY, June 7 — Mayor Michael R. Bloomberg’s plan to reduce traffic by charging people who drive into the busiest parts of Manhattan received significant support on Thursday as Gov. Eliot Spitzer endorsed the idea and the Bush administration indicated that New York stood to gain hundreds of millions of dollars if the plan were enacted.

If the measure is approved by the Legislature, New York will become the first city in the United States to impose a broad system of congestion pricing, which was introduced in London in 2003 and has been credited with reducing traffic there.

Governor Spitzer said he would work to ensure passage of the plan, which is a major part of the mayor’s blueprint for improving air quality and traffic flow for the next several decades. The Bloomberg administration has estimated that it could put the program into effect within 18 months of legislative approval.

For the full story, see:

DANNY HAKIM and RAY RIVERA. "New York Bid on Traffic Pricing Draws State and U.S. Support." The New York Times (Fri., June 8, 2007): A1 & A29.

(Note: the online version of the article has the title "City Traffic Pricing Wins U.S. and Spitzer’s Favor.")

London Mayor: Congestion-Pricing Works

In 2003, London put in place a £5 (about $9) a day congestion charge for all cars that entered the center city (the charge is now £8). This led to an immediate drop of 70,000 cars a day in the affected zone. Traffic congestion fell by almost 20 percent. Emissions of the greenhouse gas carbon dioxide were cut by more than 15 percent.

The negative side effects predicted by opponents never materialized. The retail sector in the zone has seen increases in sales that have significantly exceeded the national average. London’s theater district, which largely falls within the zone, has been enjoying record audiences. People are still flocking to London — they’re simply doing so in more efficient and less polluting ways.

. . .

Is London’s success a guarantee that congestion charging will work in New York? Of course not. But it is an indicator that properly executed congestion pricing works, and works well. Singapore and Stockholm already operate such programs and other cities are examining them. Given the success of congestion charging in London, this is not surprising.

For the full commentary, see:

KEN LIVINGSTONE. "OP-ED CONTRIBUTOR; Clear Up the Congestion-Pricing Gridlock." The New York Times (Mon., July 2, 2007): A21.

Astronauts (and the Rest of Us) Would Benefit from More Unscripted Time

Noctilucent clouds. Source of photo: http://apod.nasa.gov/apod/image/9907/noctilucent_pp.jpg

The excerpt below is from a WSJ summary of an article from the June 2007 issue of Seed.

Many other scientific discoveries have come from astronauts puzzling over strange sights around them. Most of what is known about so-called noctilucent clouds — thin, beautiful wisps that hover at the edge of the Earth’s atmosphere — comes from 30 years of astronauts sketching and trying to photograph them in their spare time. The strength of a certain type of cosmic ray was first recognized in 1969 when Buzz Aldrin asked fellow astronauts if they, like him, were seeing occasional streaks of light when their eyes were closed.

Such discoveries off the beaten path of the National Aeronautic and Space Administration’s research agenda prompt the question attributed to an Apollo program geologist: "If human beings can do much better science than robots, why does NASA make its astronauts do science like robots?"

For the full summary, see:

"Informed Reader; SCIENCE; Why Astronauts Need Down Time in Space." The Wall Street Journal (Weds., May 9, 2007): B15.

Let There Be Light

One of Mark Bent’s solar flashlights stuck in a wall to illuminate a classroom in Africa. Source of the photo: http://bogolight.com/images/success6.jpg

What Africa most needs, to grow and prosper, is to eject kleptocratic war-lord governments, and to embrace property rights and the free market. But in the meantime, maybe handing out some solar powered flashlights can make some modest improvements in how some people live.

The story excerpted below is an example of private, entrepreneur-donor-involved, give-while-you-live philanthropy that holds a greater promise of actually doing some good in the world, than other sorts of philanthropy, or than government foreign aid.

FUGNIDO, Ethiopia — At 10 p.m. in a sweltering refugee camp here in western Ethiopia, a group of foreigners was making its way past thatch-roofed huts when a tall, rail-thin man approached a silver-haired American and took hold of his hands.

The man, a Sudanese refugee, announced that his wife had just given birth, and the boy would be honored with the visitor’s name. After several awkward translation attempts of “Mark Bent,” it was settled. “Mar,” he said, will grow up hearing stories of his namesake, the man who handed out flashlights powered by the sun.

Since August 2005, when visits to an Eritrean village prompted him to research global access to artificial light, Mr. Bent, 49, a former foreign service officer and Houston oilman, has spent $250,000 to develop and manufacture a solar-powered flashlight.

His invention gives up to seven hours of light on a daily solar recharge and can last nearly three years between replacements of three AA batteries costing 80 cents.

Over the last year, he said, he and corporate benefactors like Exxon Mobil have donated 10,500 flashlights to United Nations refugee camps and African aid charities.

Another 10,000 have been provided through a sales program, and 10,000 more have just arrived in Houston awaiting distribution by his company, SunNight Solar.

“I find it hard sometimes to explain the scope of the problems in these camps with no light,” Mr. Bent said. “If you’re an environmentalist you think about it in terms of discarded batteries and coal and wood burning and kerosene smoke; if you’re a feminist you think of it in terms of security for women and preventing sexual abuse and violence; if you’re an educator you think about it in terms of helping children and adults study at night.”

Here at Fugnido, at one of six camps housing more than 21,000 refugees 550 miles west of Addis Ababa, the Ethiopian capital, Peter Gatkuoth, a Sudanese refugee, wrote on “the importance of Solor.”

“In case of thief, we open our solor and the thief ran away,” he wrote. “If there is a sick person at night we will took him with the solor to health center.”

A shurta, or guard, who called himself just John, said, “I used the light to scare away wild animals.” Others said lights were hung above school desks for children and adults to study after the day’s work.

For the full story, see:

Will Connors and Ralph Blumenthal. "Letting Africa’s Sun Deliver the Luxury of Light to the Poor." The New York Times, Section 1 (Sun., May 20, 2007): 8.

(Note: the title of the article on line was: "Solar Flashlight Lets Africa’s Sun Deliver the Luxury of Light to the Poorest Villages.")

Source of map: online version of the NYT article cited above.

Must-Visit London Attraction “Was Entirely Commercially Funded”

The most elegant big wheel in the world, standing 443 feet high, . . .

Unlike old-style Ferris wheels, where the cars hang inside the structure as it rotates, here the pods are on the outside so as to obtain the best view. Their rotation is not dependent on gravity, but on electric motors synchronized by computerized radio signals sent from the hub. Finally, the whole wheel is hung from one side only, so as to hover over the river. This meant some nifty foundation work. Two separate forests of concrete piles — one taking the Eye’s weight, the other stopping it from toppling over sideways — plunge 108 feet into the ground. . . .

As with all the best engineering structures, building it became a public spectacle. It was floated up the Thames in segments on giant barges, complete with the world’s largest floating cranes in attendance. It was then assembled flat on pontoons in the river, its giant central spindle was attached to the perimeter by a skein of steel cables — the suspension-bridge variety, but acting like bicycle spokes — and then came an unforgettable week as the whole wheel, weighing 1,780 tons without its 32 capsules (each a further 10 tons), was hauled slowly from the horizontal to an acute angle. Where it stayed, leaning alarmingly, for several days while the final work was done to bring it to its vertical position.

. . .

Even more remarkably at a time when ambitious architectural projects funded by a national lottery were being built all over Britain, the London Eye — costing £85 million, or about $150 million at the time — was entirely commercially funded. Today it is a must-visit attraction in the British capital, carrying an average of 10,000 visitors a day. Each trip is one 30-minute revolution.

It opened in late 2000 and immediately became exactly the iconic object that the Millennium Dome downstream had tried and failed to be. That was perhaps unfair — the Dome was also a prodigious feat of engineering and architecture — but in the end what decides these things is the public response.

And the public has always responded to a buccaneering spirit in engineering, the idea that enormous risks are being taken, that enormous reward is the prize, but that total disaster is a looming possibility. That, in short, is the achievement of Mr. Marks and Ms. Barfield’s London Eye: The process of making it was every bit as compelling as the ride on the finished product. They are diffident people — the way they tell it, it was just a matter of A following B — but they surely fall into the category of designer as hero (and heroine). In this sense they are in the tradition of the great 19th-century British engineer Isambard Kingdom Brunel, who with his extraordinarily ambitious railways and steamships overcame obstacles with flair and style. . . .

For the full commentary, see:

HUGH PEARMAN. "MASTERPIECE; Anatomy of a Classic; Reinventing the Wheel; The London Eye is an engineering marvel with tourist appeal." The Wall Street Journal (Sat., May 26, 2007): P14.

(Note: ellipses added.)