Category: Property Rights

“Conservation Is About Managing People,” Not Wildlife

(p. C27) People are hard-wired to be fearful of large carnivores. What’s more, it’s hard for the poor to see the economic advantage of rewilding. Humans don’t like conservationists telling them what they can and can’t do with the land that surrounds them. As one conservationist counterintuitively points out to Ms. Fraser: “Conservation is about managing people. It’s not about managing wildlife.”

For the full review, see:
DWIGHT GARNER. “Books of The Times; Conservation as a Matter of Managing People.” The New York Times (Fri., January 22, 2010): C1 & C27.
(Note: the online version of the article is dated January 21, 2010.)

The book under review, is:
Fraser, Caroline. Rewilding the World: Dispatches from the Conservation Revolution. New York: Metropolitan Books, 2009.

Property Rights Would Allow American Indians to Prosper

(p. A19) President Barack Obama courted the Indian vote. During the campaign, he visited Montana’s Crow Reservation last May and was adopted into the tribe under the Crow name “One Who Helps People Throughout the Land.” There he said, “Few have been ignored by Washington for as long as Native Americans,” and vowed to improve their economic opportunities, health care and education.

Two vital steps in this direction are to strengthen property rights and the rule of law on reservations. Virtually every study of international development shows that both of these are crucial to prosperity. Indian country is no different. The effect of insecure property rights is evident on a drive through any western reservation. When you see 160 acres overgrazed and a house unfit for occupancy, you can be sure the title to the land is held by the federal government bureaucracy.
. . .

My own research, published in the Journal of Law and Economics, shows that for tribes with state jurisdiction, per capita income grew 20% faster between 1969 and 1999 than for their counterparts under tribal court jurisdiction. All Indians are less likely than whites to get home loans, but the likelihood of a loan rejection falls by 50% on reservations under state jurisdiction.
. . .

Mr. Obama’s rallying cry was “change,” and that is exactly what he needs to bring about in Indian policy. The first Americans deserve to be freed from the bureaucratic shackles that have made them victims, and allowed to establish property rights and legal systems that can make them victors.

For the full commentary, see:
TERRY L. ANDERSON. “OPINION; Native Americans Need the Rule of Law.” The Wall Street Journal (Mon., MARCH 16, 2009): A19.
(Note: ellipses in original.)

The Case for Patent System Reform

(p. A13) The Patent Office now gets some 500 million applications a year, leading to litigation costs of over $10 billion a year to define who has what rights. As Judge Richard Posner has written, patents for ideas create the risk of “enormous monopoly power (imagine if the first person to think up the auction had been able to patent it).” Studies indicate that aside from the chemical and pharmaceutical industries, the cost of litigation now exceeds the profits companies generate from licensing patents.

For the full commentary, see:

L. GORDON CROVITZ. “OPINION: INFORMATION AGE; Why Technologists Want Fewer Patents.” The Wall Street Journal (Mon., JUNE 15, 2009): A13.

Capitalism’s Defenseless Fortress

FortressDefended.JPGPhotograph by Art Diamond.

(p. 143) . . . capitalism creates a critical frame of mind which, after having destroyed the moral authority of so many other institutions, in the end turns against its own; the bourgeois finds to his amazement that the rationalist attitude does not stop at the credentials of kings and popes but goes on to attack private property and the whole scheme of bourgeois values.

The bourgeois fortress thus becomes politically defenseless. Defenseless fortresses invite aggression especially if there is rich booty in them. Aggressors will work themselves up into a state of rationalizing hostility—aggressors always do.

Source:
Schumpeter, Joseph A. Capitalism, Socialism and Democracy. 3rd ed. New York: Harper and Row, 1950.

FortressDefenseless.JPGPhotograph by Art Diamond.

French Entrepreneur Fourneau Was Against Law, But Used It

The existence and details of patent laws can matter for creating incentives for invention and innovation. The patent laws in Germany and France in the 1930s reduced the incentives for inventing new drugs.

(p. 141) German chemical patents were often small masterpieces of mumbo jumbo. It was a market necessity. Patents in Germany were issued to protect processes used to make a new chemical, not, as in America, the new chemical itself; German law protected the means, not the end.   . . .
. . .
(p. 166) Fourneau decided that if the French were going to compete, the nation’s scientists would either have to discover their own new drugs and get them into production before the Germans could or find ways to make French versions of German compounds before the Germans had earned back their research and production costs—in other words, get French versions of new German drugs into the market before the Germans could lower their prices. French patent laws, like those in Germany, did not protect the final product. “I was always against the French law and I thought it was shocking that one could not patent one’s invention,” Fourneau said, “but the law was what it was, and there was no reasons not to use it.”

Source:
Hager, Thomas. The Demon under the Microscope: From Battlefield Hospitals to Nazi Labs, One Doctor’s Heroic Search for the World’s First Miracle Drug. New York: Three Rivers Press, 2007.
(Note: ellipses added.)

Chavez Nationalizes Cement in Venezuela

(p. A13) Venezuela said it will take majority stakes in the local units of Cemex SAB, Lafarge SA and Holcim Ltd. as it divulges the first details of a nationalization plan that will affect the world’s biggest cement producers.
The nationalization, announced last week, is designed to deflect criticism that the socialist government of Hugo Chávez isn’t delivering on its promises of new housing and other infrastructure projects, experts said.
“The Venezuelan state will take control of these companies. We told them all three will be subject to this [nationalization] measure,” Oil Minister Rafael Ramirez said on state television.
. . .
Mr. Chávez’s nationalizations have resulted in efficiency declines in the past. For instance, Venezuelan oil production has fallen since major foreign oil-field operators were nationalized.

For the full story, see:
JOEL MILLMAN, RAUL GALLEGOS and DARCY CROWE. “Venezuela Will Take Control of Top Cement Producers.” The Wall Street Journal (Tues., April 8, 2008): A13.
(Note: ellipsis added.)
(Note: the title of the online version is “Venezuela Will Take Control of Top Cement Producers.”)

The Inefficiency of Zoning Laws


CasinoVegasTrailerZoning.jpg “It may not look like much, but the opening of this casino, for one day only, let its owner keep a crucial zoning designation.” Source of the caption and photo: online version of the NYT article quoted and cited below.

(p. A11) For eight hours on Tuesday, Station Casinos opened a nondescript 40-by-10-foot trailer on a vacant 26-acre plot about six miles east of the Strip with just 16 slot machines. The sole purpose was to comply with a state law that requires public gambling to occur on a property for at least one shift every two years in order for the landowner to retain the valuable zoning designation needed to conduct wagering.
. . .
As of midday, nobody but reporters had turned out for the event, which had been publicized by only a few bloggers on the Internet. The biggest payout on the bank of video poker and blackjack machines was $2.50.
. . .
The opening of the nameless temporary casino, which the local newspaper dubbed Trailer Station, was rich in red tape, including seven permits, approvals from the City Council and the Nevada Gaming Control Board, and a certificate of occupancy.
As required by the city code, the trailer, brought onto the land just for the day, came complete with a portable toilet outside and, to comply with the Americans With Disabilities Act, a wheelchair-accessible entrance. A casino floor manager sat at one end of the narrow room ready to pay out winnings should there be any, a security guard patrolled outside, and two city zoning officers visited for 20 minutes to inspect and fill out paperwork.

For the full story, see:
STEVE FRIESS. “If This Happens in Vegas, It Can Sure Stay in Vegas.” The New York Times (Weds., January 9, 2008): A11.
(Note: ellipses added.)
CasinoVegasSlotsZoning.jpg “A floor manager watched over 16 slot machines Tuesday, but there was hardly a rush on them.” Source of the caption and photo: online version of the NYT article quoted and cited above.

Controversial Patent Reform

PatentBarGraphs.gif    
Source of graph:  online version of the WSJ article quoted and cited below.

(p. A3) The sweeping patent initiative — backed by a business coalition dominated by technology companies such as Cisco Systems Inc. and Microsoft Corp. — would . . . shift the balance of power of the U.S. patent system. It would make it a bit harder for holders to protect patents.  Advocates of the legislation contend the current system encourages patent litigation and costly judgments against infringers — and stifles innovation.  They say the proposals are designed to bring patent rules in line with the rapidly changing U.S. economy, where inventions often reflect hundreds of potentially patentable ideas.

Mark Chandler, Cisco’s general counsel, dismissed concerns that non-U.S. companies might gain some advantage by the bill. He said the proposed changes would strengthen companies at “the heart of innovation in the American economy,” better positioning them to compete at home and abroad.

Opponents of the legislation argue that it would make it easier for foreign competitors to legally copy patented methods and products.

For the full story, see:
GREG HITT.  “Patent System’s Revamp Hits Wall; Globalization Fears Stall Momentum in Congress; AFL-CIO Sends a Letter.”  The Wall Street Journal  (Mon., August 27, 2007):   A3.
(Note:  ellipsis added.)

Alaska Air Used Skunk Works to Develop Check-In Innovation

 

AlaskaAirDeparturesTable.gif   Source of graphic:  online version of the WSJ article cited below.

 

The innovation described in the article excerpted below is credited as arising from a ‘skunk works’ project.  There’s a neat book called Skunk Works that describes how Lockheed set up an autonomous unit to develop the first stealth air force technology.  (Their plant was in a smelly part of town, so it was dubbed the ‘Skunk Works.’)

Clayton Christensen has recommended that established incumbent companies set up skunk works operations in order to develop disruptive technologies that would not survive if they were developed within the main corporate culture and infrastructure. 

(In the article excerpted below, it is puzzling to read that Alaska Air went to the trouble to take out a patent, even though they apparently have no intention of enforcing it.) 

 

(p. B1)  ANCHORAGE, Alaska — When the Ted Stevens Anchorage International Airport was planning a new concourse, prime tenant Alaska Airlines insisted on a counterintuitive design: "The one thing we don’t want is a ticket counter," said Ed White, the airline’s vice president of corporate real estate.

So the 447,000-square-foot Concourse C, which opened in 2004, has only one small, traditional ticket counter, even though the carrier’s 1.2 million Anchorage passengers checked in through that area last year. This unconventional approach — which uses self-service check-in machines and manned "bag drop" stations in a spacious hall that looks nothing like a typical airport — has doubled Alaska’s capacity here, halved its staffing needs and cut costs, while speeding travelers through the building in far less time.

. . .

(p. B4)  Alaska’s design in Anchorage has turned heads in the industry, and in 2006 the airline was awarded a U.S. patent for the check-in process, something it calls the two-step flow-through. Mr. White says his company isn’t trying to keep competitors from going down the same path, but pursued the patent more to reward the many employees who helped to bring the idea to fruition.

Other airlines quickly sent scouts up to Anchorage to check out the new concourse, including a team from Delta Air Lines Inc., Mr. White says. A few months ago, Delta completed a $26 million renovation of its check-in hall at Hartsfield-Jackson Atlanta International Airport, and the finished product looks remarkably similar to that of Alaska Airlines. Greg Kennedy, Delta’s vice president for customer service there, says the new layout has enabled the airline to process passengers checking in during the peak spring break travel period in 20 to 30 minutes at most, compared with two or three hours three years ago — and all in the same amount of square footage but 50% more usable space. Mr. Kennedy says he isn’t aware of a visit to Anchorage but doesn’t dispute it.

. . .  

Alaska, the nation’s ninth-largest carrier by traffic, started a "skunk works" lab a decade ago to figure out how to use technology to make air travel less of a hassle for passengers. Out of that effort came the airline’s ground-breaking ability to sell tickets on the Internet and allow fliers to check in online, developments other carriers quickly followed.

 

For the full story, see: 

SUSAN CAREY.  "Case of the Vanishing Airport Lines; Alaska Air Speeds Up Flow Of Passengers by Jettisoning Traditional Ticket Counters."  The Wall Street Journal  (Thurs., August 9, 2007):  B1 & B4.

 

  Source of graphic:  online version of the WSJ article cited above.

 

Communist China’s “Greatest Folly”: Renewable Energy Dam

 

  "Liu Jun leaving his home in Miaohe, China, near the Three Gorges Dam.  All of the village’s residents are being relocated."  Source of caption:  p. A1 of print version of the NYT article quoted and cited below.  Source of photo:  online version of the NYT article quoted and cited below. 

 

(p. A1)  JIANMIN VILLAGE, China — Last year, Chinese officials celebrated the completion of the Three Gorges Dam by releasing a list of 10 world records. As in: The Three Gorges is the world’s biggest dam, biggest power plant and biggest consumer of dirt, stone, concrete and steel. Ever. Even the project’s official tally of 1.13 million displaced people made the list as record No. 10.

Today, the Communist Party is hoping the dam does not become China’s biggest folly. In recent weeks, Chinese officials have admitted that the dam was spawning environmental problems like water pollution and landslides that could become severe. Equally startling, officials want to begin a new relocation program that would be bigger than the first.

The rising controversy makes it easy to overlook what could have been listed as world record No. 11: The Three Gorges Dam is the world’s biggest man-made producer of electricity from renewable energy.

. . .

(p. A12)  The Communist Party leaders who broke ground on the Three Gorges project in 1994 had promised that China could build the world’s biggest dam, manage the world’s biggest human resettlement and also protect the environment.

. . .

(p. A13)  In the isolated mountain villages above the reservoir, farmers have heard nothing about a new resettlement plan. For many farmers, the immediate concern is the land beneath their feet. Landslides are striking different hillsides as the rising water places more pressure on the shoreline, local officials say.  . . .

. . .

Around daybreak on June 22, Lu Youbing awoke to the screams of her brother-in-law and the sickening sensation of the earth collapsing. Her mountain farmhouse in Jianmin Village buckled as a landslide swept it downhill. In all, 20 homes were demolished. Five months later, Ms. Lu is living in a tent, fending off rats and wondering where her family can go.

“We have nothing left,” she said. “Not a single thing.”

Winter is approaching, and she is trying to block out cold air — and rats — by pinning down the tent flaps with rocks. Villagers have been told that more landslides are possible. Ms. Lu lives with her second husband and their two children. They are too poor to buy an apartment in the city or to build a new home on higher ground. Local officials gave them the tent. Villagers have donated clothes.

The tents are pitched on the only available flat land — a terrace with a monument celebrating efforts by local officials to improve the environment.

“We don’t know about winter,” she said. “This is the only option we have. What else can we do?”

 

For the full story, see:

JIM YARDLEY.  "At China’s Dams, Problems Rise With Water."   The New York Times  (Mon., November 19, 2007):  A1, A12-A13. 

(Note:  ellipses added.)

(Note:  online the title of the article is "Chinese Dam Projects Criticized for Their Human Costs.")

 

   "The Three Gorges Dam is projected as an anchor in a string of hydropower “mega-bases” planned for the middle and upper reaches of the Yangtze River."  Source of caption and photo:  online version of the NYT article quoted and cited above.

 

Reagan’s “Crazy” Speech Inspired Lessig to Pursue the “Impossible”

 

Mr. Lessig has become the standard-bearer for those who see copyright law as too protective of original creators and too stifling of the artists who follow them. That position has made him the darling of those who want a relatively unfettered Internet, whether it be music sharers or online poem reprinters.

But it has also made him an opponent of many big media companies, including the Walt Disney Company, whose signature creation, Mickey Mouse, would have passed into the public domain years ago if not for a series of well-timed extensions to the law.

. . .

. . . , it might surprise many of Mr. Lessig’s supporters to find that his inspiration for his copyright work was Ronald Reagan.

“I heard George Shultz give a talk in Berlin on the 20th anniversary of Reagan’s ‘tear down this wall’ speech,” Mr. Lessig said. “It was very moving to be at this event. Many of the Germans in the audience were moved to tears. They said that at the time this happened, it was impossible to see this change happening.”

In recalling his thoughts on the possibility of communism falling, he said, “When I heard Reagan’s speech, I remember thinking, ‘boy, he is crazy,’ ” he said.

It is fair to say you can quote him on that.

 

For the full story, see: 

NOAM COHEN.  "LINK BY LINK; Taking the Copyright Fight Into a New Arena."  The New York Times   (Mon., July 2, 2007):  C3.