Category: Public Choice

Elizabeth Warren Started Out as a Student of Henry Manne’s Libertarian Law and Economics Ideas

(p. A1) Never one to shy away from a fight, Elizabeth Warren had found a new sparring partner. She had only recently started teaching at the University of Texas School of Law, but her colleague Calvin H. Johnson already knew her well enough to brace for a lively exchange as they commuted to work.

Indeed, on this morning in 1981, Ms. Warren again wanted to debate, this time arguing on the side of giant utilities over their customers.

Her position was “savagely anti-consumer,” Mr. Johnson recalled recently, adding that it wasn’t unusual for her to espouse similar pro-business views on technical legal issues.

Then something changed. He calls it Ms. Warren’s “road to Damascus” moment.

“She started flipping — ‘I’m pro-consumer,’” Mr. Johnson said.

That something, as Ms. Warren often tells the story, was her deepening academic research into consumer bankruptcy, its causes, and lenders’ efforts to restrict it. Through the 1980s, the work took her to courthouses across the country. There, she said in a recent interview, she found not only the dusty bankruptcy files she had gone looking for but heart-wrenching scenes she hadn’t imagined — average working Americans, tearful and humiliated, admitting they were failures:

(p. A10) “People dressed in their Sunday best, hands shaking, women clutching a handful of tissues, trying to stay under control. Big beefy men whose faces were red and kept wiping their eyes, who showed up in court to declare themselves losers in the great American game of life.”

. . .

The revelations from her bankruptcy research, by her account, became the seeds of her worldview, laid out in her campaign plans for everything from a new tax on the wealthiest Americans to a breakup of the big technology companies.

. . .

In 1979, Ms. Warren recruited her parents from her native Oklahoma to her home in the Houston suburbs to help babysit her two young children.

Then a professor at the University of Houston, she would be spending several weeks at a luxury resort near Miami, one of 22 law professors selected to study an increasingly popular discipline known as “law and economics.’’ One of its central ideas is that markets perform more efficiently than courts.

Mr. Johnson, Ms. Warren’s former Texas commuting partner, believes that it was an important influence on her early thinking.

“Before Liz converted, she came to us from the decidedly anti-government side of law and economics,” he said.

The summer retreat was colloquially known as a “Manne camp,” after its organizer, the libertarian legal scholar Henry G. Manne. With financial support from industry and conservative foundations, Mr. Manne had formed a Law and Economics Center at the University of Miami. (He would later move operations to Emory University and then to George Mason University.)

The mission of the retreat was to spread the gospel of free-market microeconomics among law professors. One participant, John Price, a former dean of the law school at the University of Washington, described it as “sort of pure proselytizing on the part of dedicated, very conservative law and economics folks,” with an emphasis on an anti-regulatory agenda. One faculty member, he recalled, suggested eliminating the Consumer Product Safety Commission.

. . .

While some in the group have said Ms. Warren expressed skepticism at the libertarian ideology, Ms. Blumberg remembers someone very much developing the early stages of her career, who was “far more captivated than I” with the theories.

. . .

Ms. Warren . . . wrote to Mr. Manne in 1981, attaching a copy of her latest published article. She was sending him one article a summer, she wrote, and each “increasingly reflects my time at LEC.”

. . .

“This is really hard-core law & econ analysis,” Todd J. Zywicki, a law professor at George Mason who formerly served as executive director of the Manne Center, wrote in an email. “If you had given me this article with the author anonymized and asked me who wrote it, I would have answered that it was one of the leading scholars in the law & economics of commercial and contract law. Never, in a million years, would I have thought this article was written by EW.”

For the full story, see:

Stephanie Saul. “THE LONG RUN; Warren’s Awakening to a World of Desperation.” The New York Times (Monday, Aug. 26, 2019): A1 & A10.

(Note: ellipses added.)

(Note: the online version of the story has the same date as the print version, and has the title “THE LONG RUN; The Education of Elizabeth Warren.”)

Consumers May Again Be Free to Choose an Incandescent Bulb

(p. A1) The Trump administration plans to significantly weaken federal rules that would have forced Americans to use much more energy-efficient light bulbs, a move that could contribute to greenhouse gas emissions that cause global warming.

The proposed changes would eliminate requirements that effectively meant that most light bulbs sold in the United States — not only the familiar, pear-shaped ones, but several other styles as well — must be either LEDs or fluorescent to meet new efficiency standards.

The rules being weakened, which dated from 2007 and the administration of President George W. Bush and slated to start in the new year, would have all but ended the era of the incandescent bulb invented more than a century ago.

. . .

The Trump administration said the changes would benefit consumers by keeping prices low and eliminating government regulation.

For the full story, see:

John Schwartz. “New Rollback To Ease a Ban On Old Bulbs.” The New York Times (Thursday, September 5, 2019): A1 & A15.

(Note: ellipsis added.)

(Note: the online version of the story was last updated Sept. 6 [sic], 2019, and has the title “White House to Relax Energy Efficiency Rules for Light Bulbs.”)

Chester Arthur Reformed Civil Service After Reforming Himself

(p. A15) One of America’s obscure vice presidents was Chester A. Arthur, a machine politician from New York. No one thought of him as presidential timber, least of all Arthur himself. He was chosen as the Republican vice presidential candidate in 1880 only to pacify the corrupt yet powerful boss of the New York Republican Party, Sen. Roscoe Conkling, who had fought against the nomination of reform-minded James A. Garfield for president.

Then Garfield was assassinated soon after entering the White House and the machine hack was suddenly President of the United States.

. . .

But reform was in the air. Rutherford B. Hayes, elected president in 1876, had run on a platform promising to overhaul the civil service. He ordered a 20% staff cut at the Custom House, followed by an executive order forbidding “assessments” and barring federal workers from performing political work on or off the job. . . .

When Arthur unexpectedly became president, nearly everyone expected that the federal government would soon return to business as usual. It didn’t. Conkling wanted Garfield’s Custom House appointee fired and his own man put in, so he could use the patronage to fuel his political machine. Arthur refused. “For the vice presidency I was indebted to Mr. Conkling,” Arthur explained. “But for the presidency of the United States, my debt is to the Almighty.”

Mr. Greenberger also highlights the remarkable role that a perfect stranger played in Arthur’s transformation. Julia Sand, a semi-invalid living with her family on Manhattan’s Upper East Side, wrote Arthur a series of letters encouraging, warning and criticizing him, consistently urging him to overcome his corrupt past. He visited her only once, unexpectedly, but carefully preserved her letters even though he burned most of his other papers.

Her encouragement had its effect. In his first annual message to Congress, Arthur called for civil service reform and the reactivation of the moribund Civil Service Commission. In his second message, he called on Congress to pass laws banning assessments and requiring competitive examinations for civil service positions. Under public pressure, Congress quickly complied.

. . .

Even Mark Twain—no apologist for politicians—wrote that “it would be hard indeed to better President Arthur’s administration.”

“The Unexpected President” is popular history, dependent on secondary sources, especially Thomas Reeves’s magisterial biography of Arthur, “Gentleman Boss.” But it generally avoids the pitfalls of the genre, such as assuming facts not in evidence in the sources. Above all, Scott Greenberger’s slim, well-written biography is a worthy tale of redemption—of a wandering man who, suddenly finding himself president, rose to the occasion and did his duty.

For the full review, see:

John Steele Gordon. “BOOKSHELF; Growing Into the Office; Chester Arthur was a product of the New York patronage machine. Then Garfield was killed, and suddenly the political hack was president.” The Wall Street Journal (Tuesday, Sept. 28, 2017): A15.

(Note: ellipses added.)

(Note: the online version of the review has the date Sept. 27, 2017, and has the same title as the print version.)

The book under review is:

Greenberger, Scott S. The Unexpected President: The Life and Times of Chester A. Arthur. New York: Da Capo Press, 2017.

Empty Threats to Leave Jersey, Gain Firms $100 Million Taxpayer Subsidies

(p. A1) PEARL RIVER, N.Y. — In the summer of 2015, Jaguar Land Rover North America told state officials in New Jersey that it was considering moving to an office development in New York called Blue Hill Plaza.

To keep the automotive giant’s headquarters in New Jersey, the state offered $26 million in tax credits. So Jaguar stayed.

Five months later, FC USA, a travel company, also told New Jersey that it was looking to relocate to the very same office development in New York.

So did Groupe SEB, an appliance manufacturer.

In total, over five years, 12 companies threatened to leave New Jersey and move to Blue Hill Plaza unless the state provided tens of millions in tax credits.

None followed through on the threat. In fact, an investigation by The New York Times suggests that nearly all of the 12 companies never seriously considered moving to New York.

But all 12 received lucrative tax credits from New Jersey to stay — more than $100 million in total, according to documents obtained by The Times.

For the full story, see:

Nick Corasaniti and Matthew Haag. “Businesses Are Cashing In on Empty Threat to Leave New Jersey.” The New York Times (Tuesday, Sept. 24, 2019): A1 & A25.

(Note: the online version of the story has the same date as the published version, and has the title “How One Address Led to a $100 Million Tax Credit Scheme.”)

Higher Education Is a Lumbering “Dinosaur”

(p. A15) We are at the end of an era in American higher education. It is an era that began in the decades after the Civil War, when colleges and universities gradually stopped being preparatory schools for ministers and lawyers and embraced the ideals of research and academic professionalism. It reached full bloom after World War II, when the spigots of public funding were opened in full, and eventually became an overpriced caricature of itself, bloated by a mix of irrelevance and complacency and facing declining enrollments and a contracting market. No one has better explained the economics of this decline—and its broad cultural effects—than Richard Vedder.

. . .

“Restoring the Promise: Higher Education in America” is a summary of the arguments he has been making since then as the Cassandra of American colleges and universities.

. . .

At Mr. Vedder’s alma mater, Northwestern, tuition rose from 16% of median family income in 1958 to almost 70% in 2016. Over time, armies of administrators wrested the direction of their institutions away from the hands of faculties and trustees.

. . .

Though Mr. Vedder’s critique concentrates on the economic mire into which higher education has tumbled, he is not alone in his more general criticism. Over the past 20 years, analysts as diverse as Derek Bok, Alan Kors, Richard Arum and Josipa Roksa, Jeffrey Selingo, and Benjamin Ginsberg have warned that higher education, in its current form, is a dinosaur—an over-built, under-achieving creature whose chances of survival are increasingly dim. But on it lumbers. . . .

What may, . . ., bring about some kind of change is the dramatic fall-off in American birth rates since the Great Recession of 2008, as highlighted in Nathan Grawe’s “Demographics and the Demand for Higher Education” (2018). No amount of federal student loans, or tuition increases, will do colleges and universities any good when, over the next decade, the pool of age-eligible students shrinks by 13% (by Mr. Grawe’s estimate). Inventing online alternatives and attracting full-tuition students from abroad is one way of paying the bills, but colleges have been trying both strategies for the past two decades, so the yield may not increase by much.

For the full review, see:

Allen C. Guelzo. “BOOKSHELF; High Cost, Low Yield; A college degree is ever more common these days, but it comes with ever heavier loan burdens and, in many cases, only limited job prospects.” The Wall Street Journal (Tuesday, June 25, 2019): A15.

(Note: ellipses added.)

(Note: the online version of the review has the date June 24, 2019, and has the title “BOOKSHELF; ‘Restoring the Promise’ Review: High Cost, Low Yield; A college degree is ever more common these days, but it comes with ever heavier loan burdens and, in many cases, only limited job prospects.”)

The book under review is:

Vedder, Richard. Restoring the Promise: Higher Education in America. Oakland, CA: Independent Institute, 2019.

Regulators Allowed New York City to Exploit Taxi Medallion Buyers

(p. A1) . . . The New York Times published a two-part investigation revealing that a handful of taxi industry leaders artificially inflated the price of a medallion — the coveted permit that allows a driver to own and operate a cab — and made hundreds of millions of dollars by issuing reckless loans to low-income buyers.

The investigation also found that regulators at every level of government ignored warning signs, and the city fed the frenzy by selling medallions and promoting them in ads as being “better than the stock market.”

The price of a medallion rose to more than $1 million before crashing in late 2014, which left borrowers with debt they had little hope of repaying. More than 950 medallion owners have filed for bankruptcy, (p. A20) and thousands more are struggling to stay afloat.

For the full story, see:

Niraj Chokshi. “New York’s Top Lawyer Begins Inquiry Into Reckless Taxi Loans.” The New York Times (Tuesday, MAY 21, 2019): A1 & A20.

(Note: ellipsis added.)

(Note: the online version of the story has the date MAY 20, 2019, and has the title “Inquiries Into Reckless Loans to Taxi Drivers Ordered by State Attorney General and Mayor.” Where the online version includes a few extra words, or slightly different wording, the quotes above follow the online version.)

“When the Forts of Folly Fall”

When I read the poem below I smiled. Part of me found it inspiring and part of me found it foolish. But I smiled.

(p. A11) . . . from the final stanza of Matthew Arnold’s poem “The Last Word”: “Charge once more, then, and be dumb! / Let the victors, when they come, / When the forts of folly fall, / Find thy body by the wall.”

For the full commentary, see:

Abigail Shrier, interviewer. “THE WEEKEND INTERVIEW; Standing Against Psychiatry’s Crazes.” The Wall Street Journal (Saturday, May 4, 2019): A11.

(Note: ellipsis added.)

(Note: the online version of the commentary has the date May 3, 2019.)

Cities Stop Recycling as Costs Exceed Benefits

(p. A1) Recycling, for decades an almost reflexive effort by American households and businesses to reduce waste and help the environment, is collapsing in many parts of the country.

Philadelphia is now burning about half of its 1.5 million residents’ recycling material in an incinerator that converts waste to energy. In Memphis, the international airport still has recycling bins around the terminals, but every collected can, bottle and newspaper is sent to a landfill. And last month, officials in the central Florida city of Deltona faced the reality that, despite their best efforts to recycle, their curbside program was not working and suspended it.

Those are just three of the hundreds of towns and cities across the country that have canceled recycling programs, limited the types of material they accepted or agreed to huge price increases.

“We are in a crisis moment in the recycling movement right now,” said Fiona Ma, the treasurer of California, where recycling costs have increased in some cities.

. . .

(p. A25)  With fewer buyers, recycling companies are recouping their lost profits by charging cities more, in some cases four times what they charged last year.

Amid the soaring costs, cities and towns are making hard choices about whether to raise taxes, cut other municipal services or abandon an effort that took hold during the environmental movement of the 1970s.

“Recycling has been dysfunctional for a long time,” said Mitch Hedlund, executive director of Recycle Across America, . . .

. . .

In Deltona, higher costs were not the only factor behind the decision last month to stop recycling. Even if the city agreed to pay the additional $25,000 a month that its recycling company was charging, there was no assurance that all the plastic containers and junk mail would be turned into something new, Mayor Heidi Herzberg said.

“We all did recycling because it was easy, but the reality is that not much was actually being recycled,” Ms. Herzberg said.

. . .

Some large waste producers are still going through the motions of recycling, no matter how futile.

Across Memphis, large commercial enterprises have had to stop recycling for now because of contamination problems. But the airport is keeping its recycling bins in place to preserve “the culture” of recycling among passengers and employees, a spokesman said.

For the full story, see:

Michael Corkery.  “More Cities Stop Recycling.  They Can’t Afford It.”  The New York Times, First Section  (Sunday, March 17, 2019):  A1 & A25.

(Note:  ellipses added.)

(Note:  the online version of the story has the date March 16, 2019, and has the title “As Costs Skyrocket, More U.S. Cities Stop Recycling.”  The online version says that the New York print version had the title “As Costs Surge, Cities’ Recycling Becomes Refuse.”  My National print edition had the title given in the citation above.)

“Clever” Developers Evade New York City’s “Labyrinthine Zoning Laws”

(p. A1)  Some of the tallest residential buildings in the world soar above Central Park, including 432 Park Avenue, which rises 1,400 feet and features an array of penthouses and apartments for the ultrarich.

But 432 Park also has an increasingly common feature in these new towers: swaths of unoccupied space. About a quarter of its 88 floors will have no homes because they are filled with structural and mechanical equipment.

The building and nearby towers are able to push high into the sky because of a loophole in the city’s labyrinthine zoning laws. Floors reserved for structural and mechanical equipment, no matter how much, do not count against a building’s maximum size under the laws, so developers explicitly use them to make buildings far higher than would otherwise be permitted.

. . .

(p. A20)  “It’s pretty outrageous, but it’s also pretty clever,” said George M. Janes, a planning consultant who has tracked and filed challenges against buildings in New York with vast unoccupied spaces. “What is the primary purpose of these spaces? The primary purpose is to build very tall buildings.”

. . .

New York City’s complicated building regulations are meant to produce predictable developments. Height requirements are imposed in most of the city, though parts of Manhattan are exempt. Every block is also effectively assigned a maximum square footage, which can be spread across smaller buildings on a block or condensed in larger developments.

Savvy, well-heeled and patient developers have worked that system to their benefit. A developer seeking to build a supertall tower might start with one lot on a block and then buy unused square footage from its neighbors.

With advancements in engineering and construction, that developer can take the accumulated square footage and concentrate it in a skinny mega-tower. Floors of mechanical space, exempt from the square footage calculations, make the tower even taller.

For the full story, see:

Matthew Haag.  “Builders Use Ploy to Create the Luxury of Height.”  The New York Times (Saturday, April 20, 2019):  A1 & A20.

(Note:  ellipses added.)

(Note:  the online version of the story also has the date April 20, 2019, but has the title “How Luxury Developers Use a Loophole to Build Soaring Towers for the Ultrarich in N.Y.”)

Universal Basic Income Increases Taxes and Does Not Increase Work Among Unemployed

(p. 13) HELSINKI, Finland — A basic income made recipients happier than they were on unemployment benefits, a two-year government experiment in Finland has found. But it did not, as proponents had hoped, make them more likely to work.
. . .
The basic income has been controversial, however, with leaders of the main Finnish political parties keen to streamline the benefits system but wary of offering “money for nothing,” especially ahead of parliamentary elections due in April [2019].
. . .
The higher taxes that the Organization for Economic Cooperation and Development says would be needed to pay for basic income schemes might also be off-putting for voters.
In a review of the Finnish scheme last year, the organization warned that implementing it nationally and cost-neutrally for the state would imply significant income redistribution, especially toward couples from single people, and increase poverty.
The researchers have acknowledged that the Finnish pilot was less than realistic because it did not include any tax clawback once participants found work and reached a certain income level.
Swiss voters rejected a similar scheme in 2016.

For the full story, see:
Reuters. “Experiment Explores Income, Jobs and Happiness.” The New York Times, First Section (Sunday, Feb. 10, 2019): 13.
(Note: ellipses, and bracketed year, added.)
(Note: the online version of the story has the date Feb. 9, 2019, and has the title “Finland’s Basic Income Trial Boosts Happiness, but Not Employment.”)

Hickenlooper Should Be Proud He Worked Hard to Build a Business Under Capitalism

(p. A21) John Hickenlooper ought to be a poster child for American capitalism. After being laid off from his job as a geologist during the oil bust of the 1980s, he and his business partners turned an empty warehouse into a thriving brewery.
. . .
Yet there he was on MSNBC’s “Morning Joe,” squirming in his seat as Joe Scarborough asked if he would call himself “a proud capitalist.” Hickenlooper protested the divisiveness of labels. He refused to reject the term “socialism.” He tried, like a vegetarian who still wants his bacon, to have it both ways: “There are parts of socialism, parts of capitalism, in everything.”
But Hickenlooper did allow this: “We worked 70, 80, 90 hours a week to build the business; and we worked with the other business owners in [Lower Downtown Denver] to help them build their business. Is that capitalism? I guess.”
He guessed right.
. . .
An economy in which private property is protected, private enterprise is rewarded, markets set prices and profits provide incentives will, over time, generate more wealth, innovation and charity — and distribute each far more widely — than any form of central planning.
. . .
To the extent that Sanders’s concept of democratic socialism has gained traction, it’s not because capitalism has failed the masses. It’s because Sanders, beyond any of his peers, has consistent convictions and an authentic persona.
To prevail, a moderate Democrat will need to behave likewise. The message can go like this: Capitalism has worked for millions of Americans. It worked for me. We need to reform it so it can work for everyone.

For the full commentary, see:
Stephens, Bret. “Capitalism and the Democrats; The most successful economic system shouldn’t be a dirty word.” The New York Times (Saturday, March 9, 2019): A21.
(Note: ellipses added; italics in original.)
(Note: the online version of the commentary has the date March 8, 2019, and has the title “Capitalism and the Democratic Party; The most successful economic system shouldn’t be a dirty word.”)