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.

Instead of Becoming a Lobbyist, Harry Reid Would “Rather Go to Singapore and Have Them Beat Me with Whips”

Finally an issue on which Harry Reid and Mitch McConnell can agree:

(p. A14) “I’ve had calls from lots of people,” Mr. Reid said. “For example, Al Gore called me. Maybe I want to do something with Al Gore? I have no idea.”

But on one matter he was clear: He said he would not be a lobbyist.
“I’d rather go to Singapore and have them beat me with whips,” he said.

For the full story, see:
ADAM NAGOURNEY. “Reid to Head Home on New Mission.” The New York Times (Thurs., APRIL 3, 2015): A14.
(Note: the online version of the story has the date APRIL 2, 2015, and has the title “Harry Reid Hopes to Ensure Democrats’ Success as Tenure Winds Down.”)

Obama’s Harvard Constitutional Law Professor Likens Obama’s Climate Change Policies to “Burning the Constitution”

(p. A1) WASHINGTON — Laurence H. Tribe, the highly regarded liberal scholar of constitutional law, still speaks of President Obama as a proud teacher would of a star student. “He was one of the most amazing research assistants I’ve ever had,” Mr. Tribe said in a recent interview. Mr. Obama worked for him at Harvard Law School, where Mr. Tribe has taught for four decades.
. . .
Next week Mr. Tribe is to deliver oral arguments for Peabody in the first federal court case about Mr. Obama’s climate change rules. Mr. Tribe argues in a brief for the case that in requiring states to cut carbon emissions, thus to change their energy supply from fossil fuels to renewable sources, the E.P.A. is asserting executive power far beyond its lawful authority under the Clean Air Act. At a House hearing last month, Mr. Tribe likened the climate change (p. A15) policies of Mr. Obama to “burning the Constitution.”
. . .
While Mr. Tribe is one of the nation’s foremost experts on constitutional law, and has argued some Supreme Court cases related to environmental law, he said he has never specialized in the Clean Air Act.
. . .
It is widely expected that the fight over the E.P.A. regulations will eventually go before the Supreme Court. If it does, Mr. Tribe said that he expects he “may well” play a role in that case — which would be argued before two other former students, Chief Justice John G. Roberts Jr. and Justice Elena Kagan.

For the full story, see:
CORAL DAVENPORT. “Laurence Tribe Fights Climate Case Against Star Pupil From Harvard, President Obama.” The New York Times (Tues., APRIL 7, 2015): A1 & A15.
(Note: ellipses added.)
(Note: the online version of the story has the date APRIL 6, 2015, and has the title “Laurence Tribe Fights Climate Case Against Star Pupil From Harvard, President Obama.”)

Purdue President Mitch Daniels Opposes “the Bureaucratic Accreditation Process”

(p. A9) As a college administrator, Mr. Daniels has . . . taken notice of the bureaucratic accreditation process that is a prerequisite for receiving federal funds. Six regional groups blessed by the Education Department, as well as a coterie of program-specific organizations, sign off on an institution’s programs. The ostensible goal when Congress coupled federal funding with accreditation in the 1952 G.I. Bill was to protect students from colleges hawking worthless degrees.
That hasn’t happened. Instead, universities devote considerable resources to a useless process. Almost no institution misses the mark, and since accreditation is done geographically, an upper-tier school like Purdue is accredited by the same agency that has given accreditation to Indiana University East, where the six-year graduation rate is about 18%.
Purdue pays $150,000 annually in direct accreditation fees, working with any combination of 17 agencies–but that doesn’t include time. Stanford University Provost John Etchemendy said in a 2011 letter that the school spent $849,000 in one year of a multiyear accreditation. “One suspects you have some basic inertia and some folks would rather spend their time being busy with this than doing something more productive,” Mr. Daniels says with a faint smile. “I refer of course to the people on other campuses.”
‘All this time and money and in the end some really lousy schools get accredited, so I’m not sure what the student–the consumer–learns. An awful lot of make work involved, or so it seems,” he says. Sen. Lamar Alexander (R., Tenn.) is considering reforms, including untangling accreditation from federal funding, an idea that Mr. Daniels says “ought to be looked at.”

For the full interview, see:
KATE BACHELDER, interviewer. “THE WEEKEND INTERVIEW; How to Save American Colleges; The Purdue president on freezing tuition, how to reduce student debt, and busting the accreditation cartel.” The Wall Street Journal (Sat., April 25, 2015): A9.
(Note: ellipsis added.)
(Note: the online version of the interview has the date April 24, 2015.)

Incandescents Better than LEDs at Allowing a Good Night’s Sleep

(p. D6) Studies have shown that such light, especially from the blue part of the spectrum, inhibits the body’s production of melatonin, a hormone that helps people fall asleep.
. . .
Devices such as smartphones and tablets are often illuminated by light-emitting diodes, or LEDs, that tend to emit more blue light than incandescent products.

For the full story, see:
KATE GALBRAITH. “WIRED WELL; Can Orange Glasses Help You Sleep Better?” The New York Times (Tues., APRIL 7, 2015): D6.
(Note: ellipsis added.)
(Note: the online version of the story has the title “WIRED WELL; Can Orange Glasses Help You Sleep Better?”)

Self-Made, Abolitionist, Meritocratic Hamilton Viewed as Elitest

(p. 627) To Jefferson we owe the self-congratulatory language of Fourth of July oratory, the evangelical conviction that America serves as a beacon to all humanity. Jefferson told John Dickinson, “Our revolution and its consequences will ameliorate the condition of man over a great portion of the globe.” At least on paper, Jefferson possessed a more all-embracing view of democracy than Hamilton, who was always frightened by a sense of the fickle and fallible nature of the masses.
Having said that, one must add that the celebration of the 1800 election as the simple triumph of “progressive” Jeffersonians over “reactionary” Hamiltonians greatly overstates the case. The three terms of Federalist rule had been full of daz-(p. 628)zling accomplishments that Republicans, with their extreme apprehension of federal power, could never have achieved. Under the tutelage of Washington, Adams, and Hamilton, the Federalists had bequeathed to American history a sound federal government with a central bank, a funded debt, a high credit rating, a tax system, a customs service, a coast guard, a navy, and many other institutions that would guarantee the strength to preserve liberty. They activated critical constitutional doctrines that gave the American charter flexibility, forged the bonds of nationhood, and lent an energetic tone to the executive branch in foreign and domestic policy. Hamilton, in particular, bound the nation through his fiscal programs in a way that no Republican could have matched. He helped to establish the rule of law and the culture of capitalism at a time when a revolutionary utopianism and a flirtation with the French Revolution still prevailed among too many Jeffersonians. With their reverence for states’ rights, abhorrence of central authority, and cramped interpretation of the Constitution, Republicans would have found it difficult, if not impossible, to achieve these historic feats.
Hamilton had promoted a forward-looking agenda of a modern nation-state with a market economy and an affirmative view of central government. His meritocratic vision allowed greater scope in the economic sphere for the individual liberties that Jefferson defended so eloquently in the political sphere. It was no coincidence that the allegedly aristocratic and reactionary Federalists contained the overwhelming majority of active abolitionists of the period. Elitists they might be, but they were an open, fluid elite, based on merit and money, not on birth and breeding–the antithesis of the southern plantation system. It was the northern economic system that embodied the mix of democracy and capitalism that was to constitute the essence of America in the long run. By no means did the 1800 election represent the unalloyed triumph of good over evil or of commoners over the wellborn.
The 1800 triumph of Republicanism also meant the ascendancy of the slaveholding south. Three Virginia slaveholders–Jefferson, Madison, and Monroe–were to control the White House for the next twenty-four years. These aristocratic exponents of”democracy” not only owned hundreds of human beings but profited from the Constitution’s least democratic features: the legality of slavery and the ability of southern states to count three-fifths of their captive populations in calculating their electoral votes. (Without this so-called federal ratio, John Adams would have defeated Thomas Jefferson in 1800.) The Constitution did more than just tolerate slavery: it actively rewarded it. Timothy Pickering was to inveigh against “Negro presidents and Negro congresses”– that is, presidents and congresses who owed their power to the three-fifths rule. This bias inflated southern power (p. 629) against the north and disfigured the democracy so proudly proclaimed by the Jeffersonians. Slaveholding presidents from the south occupied the presidency for approximately fifty of the seventy-two years following Washington’s first inauguration. Many of these slaveholding populists were celebrated by posterity as tribunes of the common people. Meanwhile, the self-made Hamilton, a fervent abolitionist and a staunch believer in meritocracy, was villainized in American history textbooks as an apologist of privilege and wealth.

Source:
Chernow, Ron. Alexander Hamilton. New York: The Penguin Press, 2004.

Economic Growth Depends on the Talented Becoming Entrepreneurs Instead of Rent Seekers

(p. 6) In an influential paper, the economists Kevin M. Murphy and Robert W. Vishny, both at the University of Chicago Booth School of Business, and Andrei Shleifer at Harvard University argue that countries suffer when talented people become what we economists call “rent seekers.” Instead of creating wealth, rent seekers simply transfer it — from others to themselves.
Job titles don’t tell you whether someone is primarily a rent seeker. A lawyer who helps draft precise contracts may actually be helping the wheels of commerce turn, and so creating wealth. But trial lawyers in a country with poorly functioning tort systems may simply be extracting rents: They can make money by pursuing frivolous lawsuits.

For the full commentary, see:
SENDHIL MULLAINATHAN. “Economic View; Maximizing the Social Returns to a Career in Finance.” The New York Times, SundayBusiness Section (Sun., APRIL 12, 2015): 6.
(Note: the online version of the commentary has the date APRIL 10, 2015, and has the title “Economic View; Why a Harvard Professor Has Mixed Feelings When Students Take Jobs in Finance.”)

The paper praised and summarized above, is:
Murphy, Kevin M., Andrei Shleifer, and Robert W. Vishny. “The Allocation of Talent: Implications for Growth.” Quarterly Journal of Economics 106, no. 2 (May 1991): 503-30.

Hamilton’s SEUM at Paterson Was an Early Failure of Centrally Planned Industrial Policy

(p. 384) The 1792 financial panic came on the heels of the two great projects by which Hamilton hoped to excite the public with the shimmering prospects for American manufacturing: the Society for Establishing Useful Manufactures and submission of his Report on Manufactures. The outlook for both was badly damaged by the panic. Even a short list of the worst offenders in the share mania–William Duer, Alexander Macomb, New York broker John Dewhurst, Royal Flint–included so many SEUM directors that it almost sounded like a company venture. Duer’s notoriety was especially detrimental since he had been SEUM governor, its largest shareholder, and its chief salesman in hawking securities.
. . .
(p. 385) How exactly would the SEUM, its coffers cleaned out by Duer, pay for its property on the Passaic River? Hamilton privately approached William Seton at the Bank of New York and arranged a five-thousand-dollar loan at a reduced 5 percent interest rate. He cited high-minded reasons, including the public interest and the advantage to New York City of having a manufacturing town across the Hudson, but more than the public interest was at stake: “To you, my dear Sir, I will not scruple to say in confidence that the Bank of New York shall suffer no diminution of its pecuniary faculties from any accommodations it may afford to the Society in question. I feel my reputation concerned in its welfare.” The SEUM’s collapse, Hamilton knew, could jeopardize his own career. In promising Seton that he would see to it as treasury secretary that the Bank of New York was fully compensated for any financial sacrifice entailed by the SEUM loan, Hamilton mingled too freely his public and private roles.
(p. 386) For several days in early July 1792, Hamilton huddled with the society directors to hammer out a new program. “Perseverance in almost any plan is better than fickleness and fluctuation,” he was to lecture one superintendent, with what could almost have been his personal motto. Rewarding his efforts, the society approved wide-ranging operations: a cotton mill, a textile printing plant, a spinning and weaving operation, and housing for fifty workers on quarter-acre plots. Never timid about his own expertise, Hamilton pinpointed the precise spot for the factory at the foot of the waterfalls that had so impressed him with their strength and beauty during the Revolutionary War.
It was an index of the hope generated by Hamilton that the SEUM, at his suggestion, hired Pierre Charles L’Enfant, the architect who had just laid out plans for the new federal city on the Potomac River, to supervise construction of the society’s buildings and plan the futuristic town of Paterson. At the same time, it was an index of Hamilton’s persistent anxiety that he dipped into managerial minutiae befitting a factory foreman rather than an overworked treasury secretary. For instance, he instructed the directors to draw up an inventory of tools possessed by each worker and stated that, if any were broken, the parts should be returned and “a report made to the storekeeper and noted in some proper column.” With his reputation at stake, Hamilton even subsidized the venture with his own limited funds, advancing $1,800 to the mechanics. Despite the Duer fiasco, the SEUM commenced operations in spinning, weaving, and calico printing.
The subsequent society records make for pretty dismal reading, as Hamilton was beset by unending troubles. L’Enfant was the wrong man for the job. Instead of trying to conserve money for the cash-strapped society, he contrived extravagant plans for a seven-mile-long stone aqueduct to carry water. He was enthralled by the idea of creating a grand industrial city on the pattern of the nascent Washington, D.C., with long radiating avenues, rather than with building a simple factory. By early 1794, L’Enfant shucked the project and spirited off the blueprints into the bargain. To find qualified textile workers, the society sent scouts to Scotland and paid for the laborers’ passage to America. Even the managers clamored for better pay, and SEUM minutes show that some disgruntled artisans personally hired by Hamilton began to sabotage the operation by stealing machinery. One of the saddest parts of the story relates to the employment of children. Whatever hopeful vision Hamilton may have had of children performing useful labor and being educated simultaneously, they had neither the time nor the money to attend school. To remedy the problem, the board hired a schoolmaster to instruct the factory children on Sundays–which, as Hamilton must have known, was scarcely a satisfactory solution.
By early 1796, with Hamilton still on the board, the society abandoned its final (p. 387) lines of business, discontinued work at the factory, and put the cotton mill up for sale. Hamilton’s fertile dream left behind only a set of derelict buildings by the river. At first, it looked as if the venture had completely backfired. During the next two years, not a single manufacturing society received a charter in the United States. Hamilton’s faith in textile manufacturing in Paterson was eventually vindicated in the early 1800s as a “raceway” system of canals powered textile mills and other forms of manufacturing, still visible today in the Great Falls Historic District. The city that Hamilton helped to found did achieve fame for extensive manufacturing operations, including foundries, textile mills, silk mills , locomotive factories, and the Colt Gun works. Hamilton had chosen the wrong sponsors at the wrong time. In recruiting Duer and L’Enfant, he had exercised poor judgment. He was launching too many initiatives, crowded too close together, as if he wanted to remake the entire country in a flash.

Source:
Chernow, Ron. Alexander Hamilton. New York: The Penguin Press, 2004.
(Note: italics in original.)