Category: Government

Tesla Direct Sales Thwarted by Laws that Protect Dealers Instead of Consumers

(p. B3) Tesla Motors Inc. hopes to capture mainstream auto buyers with its Model 3, an electric car it plans to unveil this week at a price about the same as the average gasoline-powered vehicle, but it may need a federal court ruling to succeed.
The Palo Alto, Calif., auto maker’s direct-to-consumer sales are prohibited by law in six states that represent about 18% of the U.S. new-car market. Barring a change of heart by those states, Tesla is preparing to make a federal case out of the direct-sales bans.
The auto maker’s legal staff has been studying a 2013 federal appeals court ruling in New Orleans that determined St. Joseph Abbey could sell monk-made coffins to customers without having a funeral director’s license. The case emerged amid a casket shortage after Hurricane Katrina. The abbey had tried to sell coffins, only to find state laws restricted such sales to those licensed by the Louisiana Board of Funeral Directors.
For now, Tesla is banking on a combination of new legislation, pending dealer applications and other factors to open doors to selling directly in Arizona, Michigan, Texas, Connecticut, Utah and West Virginia. But the company said it is ready to argue in federal court using the coffin case if necessary.
“It is widely accepted that laws that have a protectionist motivation or effect are not proper,” Todd Maron, the auto maker’s chief counsel, said in an interview. “Tesla is committed to not being foreclosed from operating in the states it desires to operate in, and all options are on the table.”
. . .
“There is no legitimate competitive interest in having consumers purchase cars through an independent dealership,” Greg Reed, an attorney with Washington D.C.-based Institute for Justice, a libertarian-leaning law firm, said. He calls Michigan’s laws “anti-competitive protectionism.”

For the full story, see:
MIKE RAMSEY. “Tesla Weighs Legal Fight.” The Wall Street Journal (Tues., March 29, 2016): B3.
(Note: ellipsis added.)
(Note: the online version of the story has the date March 28, 2016, and has the title “Tesla Weighs New Challenge to State Direct-Sales Bans.”)

Government: “One Vast Honey Pot with Thousands of Ants Lined Up Around the Rim”

(p. A21) Ms. Tolchin hit on the subject of patronage when Mr. Tolchin, then a reporter in the metropolitan news department of The New York Times, wrote a series of articles on the topic that several publishers urged him to turn into a book. Daunted, he turned to his wife for help.
“The political-science literature had an enormous hole on the subject,” she told The Washingtonian in 2011. “It’s such a critical part of the political process — it was wonderful virgin territory.”
Their combined efforts — he provided the reporting, she provided the scholarship — resulted in “To the Victor…: Political Patronage From the Clubhouse to the White House,” published in 1971.
In lively fashion, the book surveyed the history and examined the mechanisms of a system the authors described as “one of the occupational hazards of democracy.” They traced its influence, for good and ill, in city halls, statehouses, courthouses and, onward and upward, Congress and the White House.
The picture it painted was often bleak, presenting government at all levels as “one vast honey pot with thousands of ants lined up around the rim to get at the sweetener inside,” according to a review in The Times.
It was a rich subject to which the authors returned in “Pinstripe Patronage: Political Favoritism From the Clubhouse to the White House … and Beyond,” published in 2011. Patronage is “the major reason people go into politics,” Ms. Tolchin told The Washingtonian.”

For the full obituary, see:
WILLIAM GRIMES. “Susan Tolchin, Scholar and Author, Is Dead at 75.” The New York Times (Fri., May 20, 2016): A21.
(Note: ellipses in original.)
(Note: the online version of the obituary has the date May 19, 2016, and has the title “Susan Tolchin, Political Scientist Who Foresaw Voter Anger, Dies at 75.”)

The two books on government patronage that are mentioned above, are:
Tolchin, Martin, and Susan Tolchin. To the Victor: Political Patronage from the Clubhouse to the White House. New York: Random House, 1971.
Tolchin, Martin, and Susan Tolchin. Pinstripe Patronage: Political Favoritism from the Clubhouse to the White House and Beyond. Boulder, CO: Paradigm Publishers, 2011.

Trump Threatens Antitrust Action Against Innovative Amazon Entrepreneur Bezos

(p. A11) Donald Trump, an innovator in all things, is now in the process of changing the rules in America with his threat to bring legal action against Amazon on antitrust grounds and, if we hear him correctly, on tax grounds as well.
Mr. Trump couldn’t have been clearer about his motivation. He complained about Washington Post reporters calling up and “asking ridiculous questions,” “all false stuff,” apparently related to Mr. Trump’s tax returns, which in defiance of all tradition he has refused to release, as well as Mr. Trump’s real-estate dealings.
Mr. Trump says the Post was purchased as “a toy” by Amazon founder Jeff Bezos (who bought the paper with his personal funds in 2013). Mr. Trump says the paper now is being used to attack Mr. Trump in order to protect Amazon’s alleged tax-dodging practices even though Amazon, after long resistance, has begun in recent years to collect state sales tax.
All this seems to arise because the Post, the dominant newspaper in the nation’s capital, has assigned reporters to investigate the business career of the candidate who champions his credibility to be president by referring to his business career.

For the full commentary, see:
HOLMAN W. JENKINS, JR. “BUSINESS WORLD; Donald Trump’s Amazon Adventure; Does he really want to be president–or is his attack on entrepreneur Jeff Bezos a cry for help?” The Wall Street Journal (Sat., May 14, 2016): A11.
(Note: the online version of the commentary has the date May 13, 2016.)

“Liberated People Are Ingenious”

(p. C1) Nothing like the Great Enrichment of the past two centuries had ever happened before. Doublings of income–mere 100% betterments in the human condition–had happened often, during the glory of Greece and the grandeur of Rome, in Song China and Mughal India. But people soon fell back to the miserable routine of Afghanistan’s income nowadays, $3 or worse. A revolutionary betterment of 10,000%, taking into account everything from canned goods to antidepressants, was out of the question. Until it happened.
. . .
(p. C2) Why did it all start at first in Holland about 1600 and then England about 1700 and then the North American colonies and England’s impoverished neighbor, Scotland, and then Belgium and northern France and the Rhineland?
The answer, in a word, is “liberty.” Liberated people, it turns out, are ingenious. Slaves, serfs, subordinated women, people frozen in a hierarchy of lords or bureaucrats are not. By certain accidents of European politics, having nothing to do with deep European virtue, more and more Europeans were liberated. From Luther’s reformation through the Dutch revolt against Spain after 1568 and England’s turmoil in the Civil War of the 1640s, down to the American and French revolutions, Europeans came to believe that common people should be liberated to have a go. You might call it: life, liberty and the pursuit of happiness.
To use another big concept, what came–slowly, imperfectly–was equality. It was not an equality of outcome, which might be labeled “French” in honor of Jean-Jacques Rousseau and Thomas Piketty. It was, so to speak, “Scottish,” in honor of David Hume and Adam Smith: equality before the law and equality of social dignity. It made people bold to pursue betterments on their own account. It was, as Smith put it, “allowing every man to pursue his own interest his own way, upon the liberal plan of equality, liberty and justice.”

For the full commentary, see:

DEIRDRE N. MCCLOSKEY. “How the West (and the Rest) Got Rich; The Great Enrichment of the past two centuries has one primary source: the liberation of ordinary people to pursue their dreams of economic betterment.” The Wall Street Journal (Sat., May 21, 2016): C1-C2.
(Note: ellipsis added.)
(Note: the online version of the commentary has the date May 20, 2016.)

McCloskey’s commentary is based on her “bourgeois” trilogy, the final volume of which is:
McCloskey, Deirdre N. Bourgeois Equality: How Ideas, Not Capital, Transformed the World. Chicago: University of Chicago Press, 2016.

Some Entrepreneurs Support Big Government, Except When They Are the Ones Regulated

(p. A11) In October [2015], author Steven Hill will publish a book called “Raw Deal: How the ‘Uber Economy’ and Naked Capitalism Are Screwing American Workers.” At the political conventions next summer, which party’s attendees will be most likely to have read that book?
The ironies run deep. The Uber driver who ferried Jeb Bush around San Francisco said the former Florida governor was a nice chap but added that he still planned to vote for Mrs. Clinton–the candidate who regards the innovations that has led to the creation of his job as a problem that government needs to solve.
But is Uber co-founder Travis Kalanick any different? Even as he struggles with regulators taking aim at his business model, Mr. Kalanick has spoken up in favor of ObamaCare. During a visit to New York last November, he enthused that ObamaCare was “huge” for companies like his, on the grounds that the individual market has democratized benefits such as health care.
That’s true insofar as it means he doesn’t have to provide it for his drivers. But the reality is that ObamaCare is to health what taxi commissions are to transportation. And if Uber’s co-founder can’t see the difference, maybe he deserves the Bill de Blasios and Hillary Clintons coming after him.

For the full commentary, see:
WILLIAM MCGURN. “MAIN STREET; Uber Crashes the Democratic Party; The ride-share app is bringing out the inner Elizabeth Warren.” The New York Times (Tues., July 21, 2015): A11.
(Note: bracketed year added.)
(Note: the online version of the commentary has the date July 20, 2015.)

“Progressive” Eugenicists Attacked Free Enterprise

At the APEE meetings in early April, I heard a lecture by Jayme Lemke in which she praised a promising-sounding book by Thomas Leonard. I looked the book up on Amazon and found that it describes how many of the “progressives” who advocated increasing government control of the economy, were also among the advocates of the now-discredited eugenics movement.
The book is now on my “to-read” list and I will report more when it hits the top of the list (say, in about 2020 ;).

The book praised by Jayme, is:
Leonard, Thomas C. Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era. Princeton, NJ: Princeton University Press, 2016.

Indian Government Scientists Fight Global Warming by Reducing Cow Belches

(p. A10) Let no one say that India isn’t doing its bit to fight global climate change: Government scientists are working hard to reduce carbon emissions by making cows less flatulent.
Consider the numbers: India is home to more than 280 million cows, and 200 million more ruminant animals like sheep, goats, yaks and buffalo. According to an analysis of satellite data from the country’s space program, all those digestive tracts send 13 million tons of methane into the atmosphere every year — and pound for pound, methane traps 25 times as much heat as carbon dioxide does.
. . .
Scientists at the Cow Research Institute in Mathura, around 100 miles south of New Delhi, are tinkering with cattle feed, seeking a formula that will create less gas for the cows to belch out. (That is how most of it is released, by the way; scientists say much less comes from farting.)
But a team of researchers in the southern state of Kerala is working on a long-term answer.
. . .
. . . dwarf animals, which are about one-quarter the weight of crossbred cows, produce only one-seventh as much manure and one-tenth as much methane.

For the full story, see:
ELLEN BARRY. “What in the World; Cows: India’s Reply to Global Warming.” The New York Times (Thurs., MAY 5, 2016): A10.
(Note: ellipses added.)
(Note: the online version of the story has the date MAY 3, 2016, and has the title “What in the World; India’s Answer to Global Warming; Cows That Belch Less.”)

Forrest McDonald Defended Founders and Entrepreneurs

Forrest McDonald wrote one of the first detailed accounts of the life of Samuel Insull, an entrepreneur who helped to develop electric utility systems in the United States, and who was persecuted by the FDR administration.

(p. 20) Forrest McDonald, a presidential and constitutional scholar who challenged liberal shibboleths about early American history and lionized the founding fathers as uniquely intellectual, died on Tuesday [January 19, 2016] in Tuscaloosa, Ala.
. . .
As a Pulitzer Prize finalist in history and a professor at the University of Alabama, Dr. McDonald declared himself an ideological conservative and an opponent of intrusive government. (“I’d move the winter capital to North Dakota and outlaw air-conditioning in the District of Columbia,” he once said.) But he refused to be pigeonholed either as a libertarian or, despite his Southern agrarian roots, as a Jeffersonian.
. . .
In “Novus Ordo Seclorum: The Intellectual Origins of the Constitution” (1985), which was one of three finalists for the 1986 Pulitzer Prize in history, he pronounced the founding fathers as singularly qualified to draft the framework of federalism. He reiterated that point when he delivered the National Endowment for the Humanities’ Jefferson Lecture in Washington in 1987.
“To put it bluntly,” Dr. McDonald said then, “it would be impossible in America today to assemble a group of people with anything near the combined experience, learning and wisdom that the 55 authors of the Constitution took with them to Philadelphia in the summer of 1787.”
. . .
Dr. McDonald wrote more than a dozen books, including biographies of Alexander Hamilton and Thomas Jefferson. Interviewed by Brian Lamb on C-Span’s “Booknotes” in 1994, Dr. McDonald revealed that he typically wrote in longhand on a yellow legal pad and in the nude. (“We’ve got wonderful isolation,” he said, “and it’s warm most of the year in Alabama, and why wear clothes?”)

For the full obituary, see:
SAM ROBERTS. “Forrest McDonald, 89, Critic of Liberal Views of History.” The New York Times, First Section (Sun., Jan. 24, 2016): 20.
(Note: ellipses, and bracketed date, added.)
(Note: the online version of the obituary has the date JAN. 22, 2016, and has the title “Forrest McDonald, Historian Who Punctured Liberal Notions, Dies at 89.”)

The McDonald book mentioned by me way above, is:
McDonald, Forrest. Insull. Chicago: University of Chicago Press, 1962.

How Health Insurance Slows Medical Innovation

(p. A8) A recent study led by Wendell Evans at the University of Sydney supports growing evidence that early tooth decay, before a cavity forms, can often be arrested and reversed with simple treatments that restore minerals in the teeth, rather than the more typical drill-and-fill approach.
The randomized, controlled trial followed 19 dental practices in Australia for three years, then researchers checked up on the patients again four years later. The result: After seven years, patients receiving remineralization treatment needed on average 30% fewer fillings.
. . .
There is a substantial body of research supporting remineralization as a treatment for early tooth decay, and little opposition in the dental profession, says Margherita Fontana, a professor of cariology at the University of Michigan School of Dentistry. Tradition, however, has been an obstacle to widespread use of the treatment. “For older generations [of dentists], it just feels wrong to leave decay and not remove it,” Dr. Fontana says. “That’s how they were trained.”
Reimbursement is another obstacle. Insurance typically covers application of fluoride varnish in children, but not adults. The cost ranges from $25 to $55, according to the American Dental Association’s Health Policy Institute. Other preventive treatments also generally aren’t covered.

For the full story, see:
DANA WECHSLER LINDEN. “Simple Dental Treatments Can Help Reverse Decay.” The Wall Street Journal (Tues., APRIL 12, 2016): D3.
(Note: ellipsis added.)
(Note: the online version of the story has the date April 11, 2016, and has the title “Simple Dental Treatments May Reverse Decay.”)

Former Goldman Sachs Banker Predicts “Green Bubble”

(p. R5) Sustainable investing and clean energy are hot topics, but one Danish financier is warning that people might be getting carried away.
Per Wimmer, a former Goldman Sachs banker and the founder of Wimmer Financial LLP, a London-based corporate-advisory firm specializing in natural resources, foresees a “green bubble” that could have similar consequences to the dot-com and housing bubbles.
. . .
WSJ: What are the main issues behind the so-called bubble you see forming in green energy?
MR. WIMMER: Very simply put, for green energy to be truly sustainable, it must be commercially sustainable. The reality today is that when it comes to politicians allocating subsidies, it seems like they are being allocated almost religiously across the board. As long as there is a green element, then [politicians believe] it is fine and deserves funding from tax dollars. I argue that is a little unsophisticated.
We have got to look at supporting and subsidizing the technologies that stand a chance at becoming commercially independent from subsidies within a reasonable time period–about seven to 10 years.
. . .
WSJ: In your book “The Green Bubble,” you highlight infrastructure problems involved in large-scale green-energy projects in the U.S. Tell us about those.
MR. WIMMER: There are a number of challenges that green energy faces, and one [involves] infrastructure, meaning that if you were to target, say, 20% green energy including wind farms in the U.S., you would have to build an awful lot of transmission grid, which is quite expensive.
Somebody is going to have to pay for it–the taxpayer, perhaps?

For the full interview, see:
TANZEEL AKHTAR. “Renewable Energy Is a ‘Bubble,’ Says Financier.” The Wall Street Journal (Mon., Jan. 11, 2016): R5.
(Note: bold and italics, in original; ellipses, added.)
(Note: the online version of the review has the date Jan. 12 [sic], 2016,)

The book mentioned in the interview, is:
Wimmer, Per. The Green Bubble: Our Future Energy Needs and Why Alternative Energy Is Not the Answer. London, UK: Lid Publishing, 2015.

Feds’ Regulatory Delay Supports High-Fare Trans-Atlantic Airline Oligopoly

(p. B1) In the past three years, Norwegian, one of Europe’s biggest low-cost airlines, has quietly established a beachhead in the trans-Atlantic market by offering low-fare, no-frills service on long-haul flights.
Thanks to a small but expanding fleet of fuel-efficient planes combined with deeply discounted ticket prices, Norwegian Air Shuttle has attracted a growing number of leisure travelers looking for cheap flights.
It is all part of the vision of Norwegian’s outspoken chief executive, Bjorn Kjos, who is determined to force the same kind of low-fare competition on international routes that has been so successful in domestic markets for airlines like Southwest and Spirit, and Ryanair in Europe.
. . .
But Norwegian’s expansion has been stymied by vigorous opposition. Legacy airlines on both sides of the Atlantic see a low-cost competitor on their cash-cow routes as a major threat to their long-term profitability. Labor unions object to Norwegian’s plans to hire flight crew from Thailand, a practice they have repeatedly described as “labor dumping.”
The airline has also faced lengthy delays in receiving regulatory approvals in the United States.
. . .
(p. B4) A spokeswoman for the Transportation Department did not give any reasons for the delays that have left Norwegian in bureaucratic limbo in the United States. The airline’s first request was filed more than two years ago. . . .
The long delay in approving the application “does not reflect well on the political independence of the Department of Transportation with respect to the free trade principles behind the E.U.-U.S. open skies agreement,” according to a report by analysts at the CAPA Center for Aviation. “The calculated inaction only serves to restrict competition and to deny consumer choice.”
. . .
“There is still a lot to do,” Mr. Kjos said. “We have to think about how to fly more people more cheaply. There are hundreds of millions of people that don’t have access to cheap flights.”

For the full story, see:
JAD MOUAWAD. “Norwegian Air Flies in the Face of the Trans-Atlantic Establishment.” The New York Times (Tues., FEB. 23, 2016): B1 & B4.
(Note: ellipses added.)
(Note: the online version of the story has the date FEB. 22, 2016.)