Category: Government

Not Clear If Net Neutrality Is Good for Consumers

(p. B2) Of course, government antitrust and communications policy is supposed to benefit consumers, not any individual company or group of companies. “It’s fair to say Netflix has gotten something of a free pass,” said Scott Hemphill, visiting professor of antitrust and intellectual property at New York University School of Law. “This open Internet principle that’s in ascendance is certainly good for Netflix. It’s harder to say it’s good for consumers.”
. . .
Despite Netflix’s arguments that it shouldn’t have to pay fees to a broadband provider, that proposition is hardly self-evident. The fees Netflix so fiercely opposes are analogous to those found in many industries, such as credit cards, where both consumers and merchants pay the credit card companies. “It’s hard to say if these fees are good or bad for consumers,” Professor Hemphill said.

For the full story, see:
JAMES B. STEWART. “Common Sense; Netflix’s Invisible Hand In Policy and Mergers.” The New York Times (Fri., MAY 29, 2015): B2-B3.
(Note: ellipsis added.)
(Note: the date of the online version of the story is MAY 28, 2015, and has the title “Her Majesty’s Jihadists” which was also the title used on the cover, but not at the start of the actual article on p. 42, which has the title “Common Sense; How Netflix Keeps Finding Itself on the Same Side as Regulators.”)

“You Can’t Get Married if You’re Dead”

(p. A15) On Friday my phone was blowing up with messages, asking if I’d seen the news. Some expressed disbelief at the headlines. Many said they were crying.
None of them were talking about the dozens of people gunned down in Sousse, Tunisia, by a man who, dressed as a tourist, had hidden his Kalashnikov inside a beach umbrella. Not one was crying over the beheading in a terrorist attack at a chemical factory near Lyon, France. The victim’s head was found on a pike near the factory, his body covered with Arabic inscriptions. And no Facebook friends mentioned the first suicide bombing in Kuwait in more than two decades, in which 27 people were murdered in one of the oldest Shiite mosques in the country.
They were talking about the only news that mattered: gay marriage.
. . .
The barbarians are at our gates. But inside our offices, schools, churches, synagogues and homes, we are posting photos of rainbows on Twitter. It’s easier to Photoshop images of Justice Scalia as Voldemort than it is to stare evil in the face.
You can’t get married if you’re dead.

For the full commentary, see:
BARI WEISS. “Love Among the Ruins; Hurrah for gay marriage. But why do supporters save their vitriol for its foes instead of the barbarians at our gates?” The Wall Street Journal (Sat., June 27, 2015): A15.
(Note: ellipsis added.)
(Note: the online version of the commentary has the date June 26, 2015.)

The Bureaucratic Absurdities of Socialized Medicine

(p. 13) Reading “Do No Harm,” Henry Marsh’s frank and absorbing narrative of his life in neurosurgery, it was easy to imagine him at the table. The men, and increasingly women, who slice back the scalp, open the skull and enter the brain to extract tumors, clip aneurysms and liberate nerves, share a certain ego required for such work. They typically are bold and blunt, viewing themselves as emperors of the clinical world. Marsh adds irony to this characterization, made clear in the opening line of the book, “I often have to cut into the brain and it is something I hate doing.”
. . .
Britain’s National Health Service is a socialized system, and Marsh chafes at new rigid rules imposed by its administrators. He is particularly incensed by a mandatory dress code: Neurosurgeons are subject to disciplinary action for wearing a wristwatch. There is scant evidence that this item contributes to hospital infections, but he is shadowed on ward rounds by a bureaucrat who takes notes on his dress and behavior. The reign of the emperor is ending, but Marsh refuses to comply and serve as a myrmidon.
Clinical practice is becoming a theater of the absurd for patients as well. Hospital charts are filled with N.H.S. forms detailing irrelevant aspects of care. Searching for a patient’s operative note, Marsh finds documentation she passed a “Type 4 turd.” He shows her an elaborate stool chart “colored a somber and appropriate brown, each sheet with a graphically illustrated guide to the seven different types of turd. . . . She looked at the document with disbelief and burst out laughing.”

For the full review, see:
JEROME GROOPMAN. “Consider the Comma.” The New York Times Book Review (Sun., MAY 24, 2015): 13.
(Note: ellipsis between paragraphs, added; ellipsis within paragraph, in original.)
(Note: the online version of the review has the date MAY 21, 2015, and has the title “‘Do No Harm,’ by Henry Marsh.”)

(p. C6) Amid the life-or-death dramas of neurosurgery in this book are some blackly comic scenes recounting the absurdities of hospital bureaucracy in the National Health Service: not just chronic bed shortages (which mean long waits and frantic juggling of surgery schedules), but also what Dr. Marsh calls a “loss of regimental spirit” and ridiculous meetings, like a slide presentation from “a young man with a background in catering telling me I should develop empathy, keep focused and stay calm.”

For the full review, see:
MICHIKO KAKUTANI. “From a Surgeon, Exhilarations and Regrets.” The New York Times (Tues., MAY 19, 2015): C1 & C6.
(Note: the online version of the review has the date MAY 18, 2015, and has the title “Books of The Times; Review: In ‘Do No Harm,’ a Brain Surgeon Tells All.”)

The book under review, in both reviews, is:
Marsh, Henry. Do No Harm: Stories of Life, Death, and Brain Surgery. New York: Thomas Dunne Books/St. Martin’s Press, 2015.

“Brazen Federal Overreach” Blocks Wine Process Innovation

(p. A13) On May 27, our Napa Valley winery will pull eight cases of Cabernet Sauvignon out of Charleston Harbor in South Carolina. We placed them there six months ago, protected from the elements, following similar experiments in the past two years. The cold water and the tides seem to expedite the aging process, and we believe that our ocean-aged fine wine–which we’ve trademarked as Aquaoir–could revolutionize how vintners around the world think about winemaking. The only obstacle: the federal government.
For more than a year, our winery has been targeted by the Treasury Department, specifically, the Alcohol and Tobacco Tax and Trade Bureau. The agency believes our product is unfit for human consumption, despite an utter lack of evidence, and it has threatened to revoke our winemaking license. Washington doesn’t recognize this wine for what it is: the product of entrepreneurship and experimentation.
. . .
We don’t envision expanding into vast underwater wine-storage development. We simply want to try to understand the ocean-aging effects so that we can try to simulate them on dry land. It would be lamentable if brazen federal overreach blocked the potential for innovation in an industry that could be on the cusp of a true sea change. Only in Washington could you raise a glass to that.

For the full commentary, see:
JIM DYKE JR. “The Wine-Dark Sea of Regulation; We aged wine at the bottom of the ocean–then the feds threatened our license.” The Wall Street Journal (Thurs., May 21, 2015): A13.
(Note: ellipsis added.)
(Note: the date of the online version of the commentary is MAY 20, 2015.)

It Takes Longer to Explain a Medical Bill than It Takes to Explain Newton’s Second Law

(p. 4) I CONFESS I filed this column several weeks late in large part because I had hoped first to figure out a medical bill whose serial iterations have been arriving monthly like clockwork for half a year.
As medical bills go, it’s not very big: $225, from a laboratory. But I don’t really want to pay it until I understand what it’s for. It’s not that the bill contains no information — there is lots of it. Test codes: 105, 127, 164, to name a few. CPT codes: 87481, 87491, 87798 and others. It tells me I’m being billed $29.90 for each of nine things, but there is an “adjustment” to one of $14.20.
At first, I left messages on the lab’s billing office voice mail asking for an explanation. A few months ago, when someone finally called back, she said she could not tell me what the codes were for because that would violate patient privacy. After I pointed out that I was the patient in question, she said, politely: “I’m sorry, this is what I’m told, and I don’t want to lose my job.”
. . .
One recent study found that up to 90 percent of hospital bills contain errors.
. . .
Before you embark on the journey of decoding your bill, you might also want to have a look at a tutorial — Understanding Your Medical Bill — produced by the Khan Academy, an online educator, and the Brookings Institution in Washington. It’s a bit over 12 minutes. That’s about five minutes longer than the Khan Academy’s tutorial explaining Newton’s second law.

For the full commentary, see:
ELISABETH ROSENTHAL. “The Medical Bill Mystery.” The New York Times, SundayReview Section (Sun., MAY 3, 2015): 4.
(Note: ellipses added.)
(Note: the date of the online version of the commentary is MAY 2, 2015.)

Constitutional Superheroes Created the American Nation

(p. 12) When and how did the United States ­become a nation? This question is the core of “The Quartet.” In his customary graceful prose, Joseph J. Ellis, the author of such works of popular history as the prizewinning “Founding Brothers,” argues that the United States did not become a nation with the Declaration of Independence in 1776. Rather, he says, American nationhood resulted from the creation, adoption and effectuation of the United States ­Constitution.
Ellis declares, “Four men made the ­transition from confederation to nation ­happen. . . . George Washington, Alexander Hamilton, John Jay and James Madison” (along with three supporting players: Robert Morris, Gouverneur Morris and Thomas Jefferson). He writes that “this political quartet diagnosed the systemic dysfunctions under the Articles, manipulated the political process to force a calling of the Constitutional Convention, collaborated to set the agenda in Philadelphia, attempted somewhat successfully to orchestrate the debates in the state ratifying conventions, then drafted the Bill of Rights as an insurance policy to ensure state compliance with the constitutional settlement. If I am right, this was arguably the most creative and consequential act of political leadership in American history.”
. . .
Ellis’s “quartet” are constitutional superheroes, the Fantastic Four of American nationalism.

For the full review, see:
R. B. BERNSTEIN. “Gang of Four.” The New York Times Book Review (Sun., MAY 10, 2015): 12.
(Note: ellipsis internal to paragraph, in original; ellipsis between paragraphs, added.)
(Note: the online version of the review has the date MAY 5, 2015, and has the title “”The Quartet,’ by Joseph J. Ellis.”)

The book under review, is:
Ellis, Joseph J. The Quartet: Orchestrating the Second American Revolution, 1783-1789. New York: Alfred A. Knopf, 2015.

Merton Miller Applauded Bankers Who Cleverly Evaded Government Interference with Free Markets

(p. 12) . . . Merton Miller, a Nobel laureate economist at the University of Chicago, . . . was in many ways the father of financial innovation. Miller praised complex financial instruments, in large part because they helped institutions avoid the law. He applauded bankers for cleverly avoiding government attempts to interfere with markets.

For the full review, see:
FRANK PARTNOY. “Societal Bonds.” The New York Times Book Review (Sun., MAY 10, 2015): 28.
(Note: ellipses added.)
(Note: the online version of the review has the date MAY 8, 2015, and has the title “‘Smart Money,’ by Andrew Palmer.”)

Justice Kagan Cites Dr. Seuss to Show Fish Are Tangible

(p. A16) In dissent, Justice Elena Kagan wrote that the real issue in the case, Yates v. United States, No. 13-7451, was that the law is too harsh. It is, she wrote, “too broad and undifferentiated, with too-high maximum penalties, which give prosecutors too much leverage and sentencers too much discretion.”
She added, “And I’d go further: In those ways,” the law “is unfortunately not an outlier, but an emblem of a deeper pathology in the federal criminal code.”
Still, she said, “this court does not get to rewrite the law.” She said it was “broad but clear.”
“A fish is, of course, a discrete thing that possesses physical form,” Justice Kagan wrote, citing as authority the Dr. Seuss classic “One Fish Two Fish Red Fish Blue Fish.”
It does not matter, she said, that what Mr. Yates destroyed was not a document.
“A person who hides a murder victim’s body is no less culpable than one who burns the victim’s diary,” she wrote. “A fisherman, like John Yates, who dumps undersized fish to avoid a fine is no less blameworthy than one who shreds his vessel’s catch log for the same reason.”
Justices Antonin Scalia, Anthony M. Kennedy and Clarence Thomas joined Justice Kagan’s dissenting opinion.

For the full story, see:
ADAM LIPTAK. “In Overturning Conviction, Supreme Court Says Fish Are Not Always Tangible.” The New York Times (Thurs., FEB. 26, 2015): A16.
(Note: the online version of the review has the date FEB. 25, 2015.)

The book discussed above is:
Seuss, Dr. One Fish Two Fish Red Fish Blue Fish. New York: Random House, 1960.

Voters Want Texas-Style Economic Dynamism

(p. A23) Surveys and interviews give us some sense of what’s going on. Voters have a lot of economic anxieties. But they also have a template in their heads for what economic dynamism looks like.
That template does not include a big role for government. Polls show that faith in government is near all-time lows. In a Gallup survey, voters listed dysfunctional government as the nation’s No. 1 problem. In fact, American voters’ traditional distrust has morphed and hardened. They used to think it was bloated and ineffective. Now they think it is bloated and ineffective and rigged to help those who need it least.
When many of these voters think of economic dynamism, they think of places like Texas, the top job producer in the nation over the past decade, and, especially, places like Houston, a low-regulation, low-cost-of-living place. In places like Wisconsin, voters in the middle class private sector support candidates who cut state pensions and pass right-to-work laws, so that economic governance can be more Texas-style.

For the full commentary, see:
David Brooks. “The Field Is Flat.” The New York Times (Fri., MARCH 27, 2015): A23.

To FDA Aging Is Not a Disease, So FDA Will Not Approve Drugs that Extend Life

(p. D1) Some of the top researchers on aging in the country are trying to get an unusual clinical trial up and running.
. . .
The trial aims to test the drug metformin, a common medication often used to treat Type 2 diabetes, and see if it can delay or prevent other chronic diseases. (The project is being called Targeting/Taming Aging With Metformin, or TAME.) Metformin isn’t necessarily more promising than other drugs that have shown signs of extending life and reducing age-related chronic diseases. But metformin has been widely and safely used for more than 60 years, has very few side effects and is inexpensive.
The scientists say that if TAME is a well-designed, large-scale study, the Food and Drug Administration might be persuaded to consider aging as an indication, or preventable condition, a move that could spur drug makers to target factors that contribute to aging.
. . .
(p. D4) Fighting each major disease of old age separately isn’t winnable, said S. Jay Olshansky, another TAME project planner and a professor at the school of public health at the University of Illinois at Chicago. “We lower the risk of heart disease, somebody lives long enough to get cancer. If we reduce the risk of cancer, somebody lives long enough to get Alzheimer’s disease.”
“We are suggesting that the time has arrived to attack them all by going after the biological process of aging,” Dr. Olshansky said.
Sandy Walsh, an FDA spokeswoman, said the agency’s perspective has long been that “aging” isn’t a disease. “We clearly have approved drugs that treat consequences of aging,” she said. Although the FDA currently is inclined to treat diseases prevalent in older people as separate medical conditions, “if someone in the drug-development industry found something that treated all of these, we might revisit our thinking.”

For the full story, see:
SUMATHI REDDY. “To Grow Old Without Disease.” The Wall Street Journal (Tues., March 17, 2015): D1 & D4.
(Note: ellipses added.)
(Note: the online version of the story has the date March 16, 2015, and has the title “Scientists’ New Goal: Growing Old Without Disease.”)

Henry Paulson Fears Chinese Economy “Will Face a Reckoning”

(p. B1) About 340 pages into Henry M. Paulson’s new book on China, a sentence comes almost out of nowhere that stops readers in their tracks.
“Frankly, it’s not a question of if, but when, China’s financial system,” he writes, “will face a reckoning and have to contend with a wave of credit losses and debt restructurings.”
. . .
(p. B2) Like the United States crisis in 2008, Mr. Paulson worries that in China “the trigger would be a collapse in the real estate market,” and he declared in an interview that China is experiencing a real estate bubble. He noted that debt as a percentage of gross domestic product in China rose to 204 percent in June 2014 from 130 percent in 2008.
“Slowing economic growth and rapidly rising debt levels are rarely a happy combination, and China’s borrowing spree seems certain to lead to trouble,” he wrote.
Mr. Paulson’s analysis in his book, “Dealing With China: An Insider Unmasks the New Economic Superpower,” is all the more remarkable because he has long been a bull on China and has deep friendships with its senior leaders, who could frown upon his straightforward comments.

For the full commentary, see:
Andrew Ross Sorkin. “DEALBOOK; A Veteran of the Crisis Tells China to Be Wary.” The New York Times (Tues., APRIL 21, 2015): B1-B2.
(Note: the online version of the review has the date APRIL 20, 2015, and has the title “DEALBOOK; A Veteran of the Financial Crisis Tells China to Be Wary.”)

The book discussed above is:
Paulson, Henry M. Dealing with China: An Insider Unmasks the New Economic Superpower. New York: Twelve, 2015.