Class Action Suit Did Little for Class Members, But “Enriched” Attorneys

Many attorneys are good people, including my late father, one of my brothers, and one of my favorite former students.
But a few attorneys must be conscience-challenged; for instance the ones “representing” the class in the case described below.
More importantly, class-action litigation increases the costs and uncertainty of doing business, and thereby increases the prices of the products and services we buy.
In speaking to one of my classes a few years ago, Omaha entrepreneur Joe Ricketts made a strong case for tort reform. it is hard to disagree, unless, like the Democratic Party, you are receiving large contributions from trial lawyers.

(p. B1) . . . , a 2008 settlement of a class action against Ford Motor Co., involving incidents in which Firestone tires exploded on Ford Explorers, offered certain Explorer owners coupons worth $500 toward the purchase of a new Explorer and $300 toward the purchase of any other Ford vehicle.

As of March, only 148 people had redeemed a coupon out of 1,647 people eligible. The plaintiffs’ attorneys who led that litigation collected about $19 million in fees.
“It was rather absurd,” said Julie Hamilton Webber of Glendale, Calif., a class member who has a 1993 Ford Explorer. “The net result was the attorneys were enriched and did nothing for the class.”

For the full story, see:
DIONNE SEARCEY. “Toyota Owners May Reap Little.” The Wall Street Journal (Thurs., MAY 20, 2010): B1-B2.
(Note: ellipsis added.)
(Note: the online version of the article has the slightly different title “Toyota Owners May See Little.”)

Exposing the Hot Air of Wind Power

PowerHungryBKwsj.jpg

Source of book image: online version of the WSJ review quoted and cited below.

(p. A15) So you want to build a wind farm? OK, Mr. Bryce says, to start you’ll need 45 times the land mass of a nuclear power station to produce a comparable amount of power; and because you are in the middle of nowhere you’ll also need hundreds of miles of high-voltage lines to get the energy to your customers. This “energy sprawl” of giant turbines and pylons will require far greater amounts of concrete and steel than conventional power plants–figure on anywhere from 870 to 956 cubic feet of concrete per megawatt of electricity and 460 tons of steel (32 times more concrete and 139 times as much steel as a gas-fired plant).

Once you’ve carpeted your tract of wilderness with turbines and gotten over any guilt you might feel about the thousands of birds you’re about to kill, prepare to be underwhelmed and underpowered. Look at Texas, Mr. Bryce says: It ranks sixth in the world in total wind-power production capacity, and it has been hailed as a model for renewable energy and green jobs by Republicans and Democrats alike. And yet, according to the Electric Reliability Council of Texas, which runs the state’s electricity grid, just “8.7 percent of the installed wind capability can be counted on as dependable capacity during the peak demand period.” The wind may blow in Texas, but, sadly, it doesn’t blow much when it is most needed–in summer. The net result is that just 1% of the state’s reliable energy needs comes from wind.

For the full review, see
TREVOR BUTTERWORTH. “BOOKSHELF; The Wrong Way To Get to Green; Once you’ve carpeted the wilderness with wind-farm turbines, and crushed any guilt about the birds you’re about to kill, prepare to be underwhelmed and underpowered.” The Wall Street Journal (Tues., APRIL 27, 2010): A15.
(Note: the online version of the article is dated APRIL 30, 2010.)

The book under review is:
Bryce, Robert. Power Hungry; the Myths of “Green” Energy and the Real Fuels of the Future. New York: PublicAffairs, 2010.

Becker Believes the Fight for Liberty Can Be Won

(p. A13) My last question involves a little story. Not long before Milton Friedman’s death in 2006, I tell Mr. Becker, I had a conversation with Friedman. He had just reviewed the growth of spending that was then taking place under the Bush administration, and he was not happy. After a pause during the Reagan years, Friedman had explained, government spending had once again begun to rise. “The challenge for my generation,” Friedman had told me, “was to provide an intellectual defense of liberty.” Then Friedman had looked at me. “The challenge for your generation is to keep it.”

What was the prospect, I asked Mr. Becker, that this generation would indeed keep its liberty? “It could go either way,” he replies. “Milton was right about that.”
Mr. Becker recites some figures. For years, federal spending remained level at about 20% of GDP. Now federal spending has risen to 25% of GDP. On current projections, federal spending would soon rise to 28%. “That concerns me,” Mr. Becker says. “It concerns me a great deal.
“But when Milton was starting out,” he continues, “people really believed a state-run economy was the most efficient way of promoting growth. Today nobody believes that, except maybe in North Korea. You go to China, India, Brazil, Argentina, Mexico, even Western Europe. Most of the economists under 50 have a free-market orientation. Now, there are differences of emphasis and opinion among them. But they’re oriented toward the markets. That’s a very, very important intellectual victory. Will this victory have an effect on policy? Yes. It already has. And in years to come, I believe it will have an even greater impact.”
The sky outside his window has begun to darken. Mr. Becker stands, places some papers into his briefcase, then puts on a tweed jacket and cap. “When I think of my children and grandchildren,” he says, “yes, they’ll have to fight. Liberty can’t be had on the cheap. But it’s not a hopeless fight. It’s not a hopeless fight by any means. I remain basically an optimist.”

For the full interview, see:
PETER ROBINSON. “‘Basically an Optimist’–Still; The Nobel economist says the health-care bill will cause serious damage, but that the American people can be trusted to vote for limited government in November.” The Wall Street Journal (Sat., March 27, 2010): A13.
(Note: the online version of the interview is dated March 26, 2010.)

At Apple Wozniak Was the Inventor, and Jobs Was the Entrepreneur

iWozBK2010-05-18.jpg

Source of book image: http://1.bp.blogspot.com/_TwOg8fVl5Og/SkXmn7MyaxI/AAAAAAAAAug/G-klN-KQHis/s1600/iWoz.jpg

iWoz is a fun read, with wild fluctuations in the significance of what is written. When Wozniak writes about the ingredients of inventiveness, it is significant. When he talks about his pranks, or his obsessions with certain number combinations, it is strange. (Maybe I just haven’t figured out the significance of Wozniak’s quirks—I once heard George Stigler say that even the mistakes of a great mind were worth pondering.)
In the next few weeks I’ll be quoting a few of the more significant passages.
An over-riding lesson from the book, is the extent to which both Wozniak and Jobs were necessary for the Apple achievement. Wozniak was a genius inventor, but he did not have the drive or the skills, or the judgment of the entrepreneur.
Schumpeter famously distinguished invention from innovation. Wozniak was the inventor, and Jobs was the innovator (aka, the entrepreneur).

Book discussed:
Wozniak, Steve, and Gina Smith. iWoz: Computer Geek to Cult Icon: How I Invented the Personal Computer, Co-Founded Apple, and Had Fun Doing It. New York: W. W. Norton & Co., 2006.

“The Intellectual Energy is No Longer with the Economists Who Construct Abstract and Elaborate Models”

(p. A23) In The Wall Street Journal, Russ Roberts of George Mason University wondered why economics is even considered a science. Real sciences make progress. But in economics, old thinkers cycle in and out of fashion. In real sciences, evidence solves problems. Roberts asked his colleagues if they could think of any econometric study so well done that it had definitively settled a dispute. Nobody could think of one.

“The bottom line is that we should expect less of economists,” Roberts wrote.
In a column called “A Crisis of Understanding,” Robert J. Shiller of Yale pointed out that the best explanation of the crisis isn’t even a work of economic analysis. It’s a history book — “This Time is Different” by Carmen M. Reinhart and Kenneth S. Rogoff — that is almost entirely devoid of theory.
One gets the sense, at least from the outside, that the intellectual energy is no longer with the economists who construct abstract and elaborate models. Instead, the field seems to be moving in a humanist direction. Many economists are now trying to absorb lessons learned by psychologists, neuroscientists and sociologists.

For the full commentary, see:
DAVID BROOKS. “The Return of History.” The New York Times (Fri., March 26, 2010): A23.
(Note: the online version of the commentary was dated March 25, 2010.”)

Did the Rothschilds Anticipate Atlas Shrugged?

DrumlummonMineRothschilds2010-05-18.jpg“A consulting geologist, Ben Porterfield, exiting the Drumlummon Mine.” Source of caption and photo: online version of the NYT article quoted and cited below.

(p. 14) Marysville, a dot of a town in the mountains near Helena, was covered in gold dust in its heyday in the late 1800s. It was home to one of the great mother-lode gold and silver fortunes of the West, the Drumlummon Mine. Then it petered out — familiar story — to near ghost-town status through the long decades after the mine closed around 1904.

. . .
Old mysteries of law and public relations cloud the story of the Drumlummon — especially how and why it closed in the early 1900s. Its owners at the time, the Rothschild family from Europe, were locked in an extended court battle over nearby mining claims when they announced in 1901 that the mine’s lower levels would be allowed to flood because profitable ore had not been found there.
RX’s mining operations director, Mike Gunsinger, said he became convinced in reading the old accounts that the Rothschilds had lied — flooding the mine not because it was played out, but to conceal its riches. The company suing the Rothschilds eventually won, but they never had the capital to drain the water. A last attempt, by a new set of owners, failed in 1951.
“I think it was a dog-in-the-manger attitude,” Mr. Gunsinger said, referring to the Rothschilds. “If I can’t have it, nobody can.”
That told him, he said, that the gold was still down there.

For the full story, see:
KIRK JOHNSON. “Marysville Journal; As a Near Ghost Town in Montana Watches, a Gold Mine Is Reborn.” The New York Times, First Section (Sun., May 2, 2010): 14.
(Note: the online version of the commentary was dated April 30, 2010.)
(Note: ellipsis added.)

When Life Really Stunk

(p. 51) The situation of the rural town of Marney was one of the most delightful easily to be imagined. In a spreading dale, contiguous to the margin of a dear and lively stream, surrounded by meadows and gardens, and backed by lofty hills, undulating and richly wooded, the traveller (sic) on the opposite heights of the dale would often stop to admire the merry prospect that recalled to him the traditional epithet of his country.

Beautiful illusion! For behind that laughing landscape, penury and disease fed upon the vitals of a miserable population.
The contrast between the interior of the town and its external aspect was as striking as it was full of pain. With the exception of the dull high street, which had the usual characteristics of a small agricultural market town, some sombre mansions, a dingy inn, and a petty bourse, Marney mainly consisted of a variety of narrow and crowded lanes formed by cottages built of rubble, or unhewn stones without cement, (p. 52) and, from age or badness of the material, looking as if they could scarcely hold together. The gaping chinks admitted every blast; the leaning chimneys had lost half their original height; the rotten rafters were evidently misplaced; while in many instances the thatch, yawning in some parts to admit the wind and wet, and in all utterly unfit for its original purpose of giving protection from the weather, looked more like the top of a dunghill than a cottage. Before the doors of these dwellings, and often surrounding them, ran open drains full of animal and vegetable refuse, decomposing into disease, or sometimes in their imperfect course filling foul pits or spreading into stagnant pools, while a concentrated solution of every species of dissolving filth was allowed to soak through, and thoroughly impregnate, the walls and ground adjoining.
These wretched tenements seldom consisted of more than two rooms, in one of which the whole family, however numerous, were obliged to sleep, without distinction of age, or sex, or suffering. With the water streaming down the walls, the light distinguished through the roof, with no hearth even in winter, the virtuous mother in the sacred pangs of childbirth gives forth another victim to our thoughtless civilisation (sic); surrounded by three generations whose inevitable presence is more painful than her suffering in that hour of travail; while the father of her coming child, in another corner of the sordid chamber, lies stricken by that typhus which his contaminating dwelling has breathed into his veins, and for whose next prey is perhaps destined his new-horn child. These swarming walls had neither windows nor doors sufficient to keep out the weather, or admit the sun, or supply the means of ventilation; the humid and putrid roof of thatch exhaling malaria like all other decaying vegetable matter. The dwelling-rooms were neither boarded nor paved; and whether it were that some were situate in low and damp places, occasionally flooded by the river, and usually much below the level of the road; or that the springs, as was often the case, would burst through the mud floor; the ground was at no time better than so much clay, while sometimes you might see little channels cut from the centre under the doorways to carry off the water, the door itself removed from its hinges; a resting-place for infancy in its deluged home. These hovels were in many instances not (p. 53) provided with the commonest conveniences of the rudest police; contiguous to every door might be observed the dungheap on which every kind of filth was accumulated, for the purpose of being disposed of for manure, so that, when the poor man opened his narrow habitation in the hope of refreshing it with the breeze of summer, he was met with a mixture of gases from reeking dunghills.

Source:
Disraeli, Benjamin. Sybil. paperback ed, Oxford World’s Classics. Oxford, UK: Oxford University Press, 2009 [1845].

Feds Give EnergyStar Label to Fake Products Like Feather Duster Space Heater

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“A space heater with a feather duster qualified for Energy Star . . . as an air purifier.” Source of caption and photo: http://blogs.consumerreports.org/home/2010/03/gao-audit-energy-star-program-bogus-products-energy-use-consumer-reports-testing-best-appliances.html

Those who call for more government regulations to protect us, should deeply ponder the story quoted below.

(p. A16) WASHINGTON — Does a “gasoline-powered alarm clock” qualify for the EnergyStar label, the government stamp of approval for an energy-saving product?

Like more than a dozen other bogus products submitted for approval since last June by Congressional auditors posing as companies, it easily secured the label, according to a Congressional report to be issued Friday. So did an “air purifier” that was essentially an electric space heater with a feather duster pasted on top, the Government Accountability Office said.
In a nine-month study, four fictitious companies invented by the accountability office also sought EnergyStar status for some conventional devices like dehumidifiers and heat pump models that existed only on paper. The fake companies submitted data indicating that the models consumed 20 percent less energy than even the most efficient ones on the market. Yet those applications were mostly approved without a challenge or even questions, the report said.
Auditors concluded that the EnergyStar program was highly vulnerable to fraud.

For the full story, see:
MATTHEW L. WALD. “EnergyStar Program Audit Finds Fraud Vulnerability.” The New York Times (Fri., March 26, 2010): A16.
(Note: the online version of the article was dated March 25, 2010 and had the title “Audit Finds Vulnerability of EnergyStar Program.”)

MidAmerican Energy Gives Ben Nelson a $1.1 Million Ride from Georgia to Omaha

(p. 3B) LINCOLN — MidAmerican Energy is suing the state after state officials grounded a $1.1 million sales tax refund the company expected on the purchase of a corporate jet.

Under Nebraska’s 1987 economic development act, LB 775, companies can get sales tax refunds for such aircraft.
But the Nebraska Department of Revenue rejected the refund because MidAmerican’s multimillion-dollar Falcon 50EX jet, purchased in 2004, was used to transport U.S. Sen. Ben Nelson, D-Neb., on a trip between Albany, Ga., and Omaha on Nov. 28, 2006.
Using such planes for fundraising or transporting an elected official disqualifies a company from getting the sales tax benefit, State Tax Commissioner Doug Ewald ruled, citing prohibitions in LB 775.
MidAmerican, an Iowa-based energy firm headed by Omaha businessman David Sokol, is appealing.
The company is asking the Lancaster County District Court to overturn the department’s March ruling.
MidAmerican argued that a single trip taken by Nelson should not be enough to deny the refund. It also maintained that the state, under LB 775, should have based its ruling on the intended purpose of the airplane and can test that use only when the plane is purchased.

For the full story, see:
Paul Hammel. “MidAmerican Sues State Over Tax Credit on Jet.” Omaha World-Herald (Friday, May 7, 2010): 3B.
(Note: the online version of the article was dated Thursday, May 6, 2010 and had the title “MidAmerica (sic) sues Neb. for refund.”)

In the Ping Pong Game of Life, Does the One with the Biggest Paddle Usually Win?

BuffettWarrenPingPongPaddle2010-05-18.jpg“Warren Buffett has a bit of an advantage in a game of table tennis Sunday with Ariel Hsing, the top U.S. table tennis under-20 player.” Source of caption and photo: online version of the Omaha World-Herald article quoted and cited below.

(p. 1D) Buffett and Munger had the 100 or so journalists and others at the press conference laughing at times.
. . .
(p. 3D) The press conference followed a festive day for Buffett, including a brunch attended by Berkshire managers, a few table tennis shots with U.S. under-20 champion Ariel Hsing of Milpitas, Calif., and a few hands of bridge with his regular partner, Susan Ogborn, and Berkshire executive Ajit Jain.
About 800 people watched the table tennis, many of them sitting in bleachers erected in the Regency Court shopping center courtyard.
After losing some quick points to Hsing, Buffett pulled out a paddle that extended nearly the width of the table, but he had no better luck.

For the full story, see:
Steve Jordon. “Buffett Puts Paddle to Federal Regulators.” Omaha World-Herald (Mon., May 3, 2010): 1D & 3D.
(Note: the online version of the article was dated May 2, 2010 and had the title “Fun and games with Berkshire.”)
(Note: ellipsis added.)

FDR’s Logrolling to Pack Supreme Court

The unsavory political practice known as “logrolling” is discussed in one of the public choice chapters of the Gwartney et al text that I use in my micro principles courses. Here is an apt example:

(p. 193) . . . , McCarran was more than ever determined to (p. 194) fight the Court-packing plan, even if he lost all of his federal patronage.

Roosevelt had some success charming more malleable politicians such as young Florida senator Claude Pepper. Roosevelt invited the wavering Pepper into the Oval Office and turned on the charm. It helped even more when he turned on the spigot. “The president,” Pepper recalled, “was not above a little logrolling, promising to help me win re-election in 1938 and, in my presence, notifying the army that he wanted to see some favorable action on a Florida canal project that I had been pushing.” Pepper ended up backing Roosevelt.

Source:
Folsom, Burton W., Jr. New Deal or Raw Deal? How FDR’s Economic Legacy Has Damaged America. New York: Threshold Editions, 2008.
(Note: ellipsis added.)