January 2012

The Yahoo-Google ad deal looks like it’s dead.  The deal announced in June, would have allowed Google ads to appear on Yahoo search results.  Yahoo estimated an $800 million profit during the frist year of the Google ad partnership and would have allowed Yahoo to continue its transion from search to content provider, making it a much more competitive company.

What has likely killed the deal?  As stated in a Reuters article:

The two Internet companies have so far failed to reach an agreement with the U.S. Department of Justice on implementing their search advertising partnership.

Why doesn’t the DoJ approve the non-exclusive agreement?  Becuase of concerns over competition, that this will reduce competition in the internet marketplace.  Anyone following Yahoo, however, knows that Yahoo is becoming less and less competitive as a search provider, but it’s attempts to become more competitive and focus on providing content, something it is much better at than google, are being stymied by government regulation.

OpenMarket.org is trying to win the Blogger’s Choice Award for the best political blog.  Just a few dozen votes should do it.  If you’d like to vote, just visit bloggerschoiceawards.com, click Sign Up at the top of the page, and vote.

I’ve registered and voted for several blogs in different categories and I’ve had no problems with spam from the site.  Just opt out of emails and they’ll leave you alone.

This is your only chance this season to vote for a truly freedom-loving candidate.  By voting, you’re not only telling the world you love intelligent, funny, and informative blogging; you’re also helping others to discover the magical blog that is OpenMarket.org.

In City Journal, Claire Berlinski looks at the effects of the so-called Employee Free Choice Act (EFCA) by looking at a precedent of EFCA in reverse, in Great Britain early the Margaret Thatcher’s government.

Thatcher put reform of the trade union law at the top of her agenda. Among the key provisions of Britain’s 1980 Employment Act was a change in the way government would recognize unions. At the time, workers voted to join unions—or not—in public, by voice vote. Dissenters suffered harassment and physical intimidation. Henceforth, Thatcher decided, new union membership agreements would require approval by means of a secret ballot in order to protect rank-and-file workers from bullying by union organizers. If allowed to vote secretly, she believed, ordinary workers would not vote for policies against their long-term interests—such as pay raises so incommensurate with production as to render British businesses uncompetitive, or strikes so prolonged as to make even the Soviets unwilling to buy British goods.

Thatcher was right. As soon as the secret ballots were introduced, many workers began defying the trade union leadership and rejecting the unions’ ruinous policies. When she had taken power, Britain was the second-poorest nation in Europe. Her reforms led to the longest sustained period of British economic expansion of the postwar era. In the past decade, as a direct consequence of her augmentation of labor-market flexibility—in layman’s terms, her smashing of the trade unions—the Organisation for Economic Co-operation and Development has ranked Britain at the top in both output and inflation stabilization.

With unified Democratic control of government looming, America may be set to go back to the economic insanity Britain left behind. But that’s not all.

As if eradicating secret ballots weren’t bad enough, the EFCA contains a still more ominous provision: it vastly increases the role of government in settling labor disputes. The act stipulates that, if an employer and a union cannot agree on an initial contract within 90 days, either party may ask the Federal Mediation and Conciliation Service to intercede in the negotiations. If no deal is reached after 30 days of federal mediation, the feds will assign an arbitrator to work out an agreement. The arbitrator’s decision will be final and binding for two years. Workers will not get the chance to ratify the agreement, by secret ballot or otherwise.

In effect, the federal government will gain the power to dictate the terms of a contract and to set wages, benefits, hours, and work rules. Because negotiations for new contracts almost always take more than 120 days, this provision will ensure a significant expansion of government into the private sector. It’s absurd to imagine that even the most well-meaning government arbitrator would be sufficiently familiar with the day-to-day operations of a company, or the industry in which it operates, to make contract decisions as wisely as the company’s owners and employees would.

For more on EFCA and card check organizing, see here, here, and here. (Thanks to Iain Murray for the City Journal link.)

The Washington Examiner today declared Harvard law professor Charles Ogletree, a top adviser to Obama and likely future Assistant Attorney General, to be the “dim bulb” of the day for his racially-charged remarks branding America as a racist country:

“During an Oct. 25 panel discussion on race at Harvard, this top Barack Obama adviser said the U.S. should still be considered a racist nation even if the Illinois Senator is elected to the White House because Obama ‘happens to be biracial.’   So even if a majority of Americans vote for him, it won’t count.  WHY IT’S DIM:  Ogletree’s comments conjured up the discredited ‘one drop rule’ laws adopted by many Southern states during the Jim Crow era that were used to segregate the races.  CURE: Take Martin Luther King Jr.’s advice and judge people by their character, not their color.”  (Washington Examiner, Oct. 31, 2008, at page 15).

Even if you vote for Obama, you’re still probably a racist, according to Professor Ogletree. White America won’t vote for blacks, Ogletree argues, and Obama’s election is possible only because he’s partly white.  Even Nation of Islam leader Louis Farrakhan, in his endorsement of Obama, was more optimistic about race relations than Ogletree.

The ABA Journal predicts that Ogletree, who has long advocated race-based reparationswill be the Assistant Attorney General in charge of the Civil Rights Division during the Obama administration.

Ogletree is controversial for his history of plagiarism and association with Al Sharpton

Some of the brightest minds in the online conservative movement — John Hawkins, Patrick Ruffini and Mark Tapscott — are discussing what it would take to build a “rightroots” movement, aimed at replicating the political activism of the left “netroots.” As Patrick makes clear in a further post, this is not about building a partisan shilling machine (if it was, the effort would deserve to fail), but about a grassroots-driven insurgency and about harnessing ideological lightning (of which lots more later) to power the political world.

This is a worthy effort. They are right to say that the right is having its clock cleaned electorally as a result of the online community’s deficiencies in the areas of fundraising and online activism, yet I think there are two more important problems identified. First, as Mark points out, the net holds massive promise for investigative journalism, a point that Paul Chesser of the Carolina Journal has made repeatedly; look at his revelations about the Center for Climate Strategies and the way leftist donors have used it to impose alarmist global warming policies on governors around the country. Meanwhile, here at CEI, we established the Warren Brookes Fellowship to keep alive the tradition of a great columnist who never let opinion or prejudice get in the way of fact. And in the UK, it is conservative and libertarian bloggers who have often pushed against the Labour government when the official opposition was too timid to do so. Guido Fawkes is a great example.

The second problem is identified well by John:

Just to give you an example of what I’m talking about, here’s a generic conversation, some variation of which I’ve had with different congressional aides at least half-a-dozen times over the last four years.

Anonymous Aide: Hawkins, I want to ask your advice.
John Hawkins: Shoot.
Anonymous Aide: We’re thinking about doing idea x.
John Hawkins: Are you out of your mind? That’s going to be a disaster!
Anonymous Aide: Well, they’ve already decided to do it. How do we sell it to the bloggers?
John Hawkins: You’re asking me whether you should put mayonnaise or mustard on a sh*t sandwich. I can give you some advice, but it’s not going to go over well no matter how you spin it.

John is right. The net provides the single best method yet devised of allowing the individual supporter into the messy business of policy formulation. Again, a look across the pond is valuable. The Conservatives in Britain have realized exactly that — ConservativeHome has become a sort of guardian of the Tory conscience, where individual party members have their say on emerging policy issues. The Party’s guarded retreat from the excesses of greenery and the re-emergence of tax as a defining issue have in some degree or another been driven by net-based activism. One might even suggest that the era of the political consultant or guru is over. Creative destruction in action!

[click to continue…]

The Brits have quite a reputation.  Stiff upper limit and all that.  Which may account for the picture of parliament debating global warming legislation in the midst of the first October snowstorm in London in more than eight decades.  Reports the Britain’s Register:

Snow fell as the House of Commons debated Global Warming yesterday – the first October fall in the metropolis since 1922. The Mother of Parliaments was discussing the Mother of All Bills for the last time, in a marathon six hour session.

In order to combat a projected two degree centigrade rise in global temperature, the Climate Change Bill pledges the UK to reduce its carbon dioxide emissions by 80 per cent by 2050. The bill was receiving a third reading, which means both the last chance for both democratic scrutiny and consent.

The bill creates an enormous bureaucratic apparatus for monitoring and reporting, which was expanded at the last minute. Amendments by the Government threw emissions from shipping and aviation into the monitoring program, and also included a revision of the Companies Act (c. 46) “requiring the directors’ report of a company to contain such information as may be specified in the regulations about emissions of greenhouse gases from activities for which the company is responsible” by 2012.

Recently the American media has begun to notice the odd incongruity of saturation media coverage here which insists that global warming is both man-made and urgent, and a British public which increasingly doubts either to be true. 60 per cent of the British population now doubt the influence of humans on climate change, and more people than not think Global Warming won’t be as bad “as people say”.

Just about the time when all the governments of the world get on board legislation designed to cool the planet, the Intergovernmental Panel on Climate Change will decide that the real threat facing mankind is a new ice age.  And the process of scare-mongering will begin anew.

No surprise, argues Russell Roberts of George Mason University, the mindless, almost random federal bail-outs are going to leave us far worse off.  Writes Roberts:

By acting without rhyme or reason, politicians have destroyed the rules of the game. There is no reason to invest, no reason to take risk, no reason to be prudent, no reason to look for buyers if your firm is failing. Everything is up in the air and as a result, the only prudent policy is to wait and see what the government will do next. The frenetic efforts of FDR had the same impact: Net investment was negative through much of the 1930s.

The next administration is unlikely to do any better. Mr. Bernanke is perhaps the greatest living authority on the Great Depression, yet he has failed to stem the damage. Messrs. Paulson and Bernanke are confronted with a sick patient. They have antibiotics. They have a scalpel. But is there any evidence from the last seven months that they understand the underlying cause of the illness, or how to cure it?

Worst of all are the political incentives that are unleashed when Washington promises to spend a trillion dollars (and counting). No one can spend such money wisely even if they want to. The information about who needs to be bailed out and who needs to fail is too complicated. Inevitably, such decisions will begin to be more about politics than economics.

The banks were first. Then the insurance companies. The car makers are getting a cut. Who’s next? The governors, probably. Homeowners are waiting. Then there will be the hedge funds. Once the line forms, companies will stop trying to save themselves and focus on being saved by Washington. The resulting spiral will be devastating.

Treasury Secretary Henry Paulson might exude confidence, but he has demonstrated that he has no idea what he’s doing.  First the government was going to buy up bad paper.  Then it decided to toss money at banks whether they wanted it or not.  Now we’re going to have yet another housing bail-out program.  Insurance companies are lining up for the federal dole.

How about a special program for writers?  I’m tanned, rested, and ready to grab my share of the loot!

As soon as the elections are over, Congressional leaders are planning to have a “break the bank” party. On top of the $700 billion bailout that unfortunately both Republicans and Democrats supported, House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid plan to call Congress back into a “lame duck” session in mid-November to pass a $300 billion “stimulus” package. The attitude seems to be, what’s $300 billion for “Main Street” after we just approved $700 billion for Wall Street fat cats?

But all the package is really likely to do is add $300 billion to Main Street’s public debt without spurring economic growth. There is no reason to believe that the hodgepodge of programs Pelosi and Reid want the stimulus to fund — from food stamps to unemployment benefits to infrastructire — will be any more successful at jumpstarting the economy than the hundreds of billions spent earlier this year for the first “stimulus” earlier this year.

This is because of the economic forces spelled out in the late Nobel Laureate Milton Friedman’s “permanent income hypothesis.” Friedman and other economists found that most individuals and businesses do not change their spending habits based on short-term changes in income. Unless they believe their raise in income is long-term, they will save rather than spend any bonus in the short term. Saving would normally be a good thing, but in this case since the government is spending, it will negate the effect and simply add to the national debt. In the case of infrastructure, there is also a time lag of several months before the money appropriated gets in the economy as payment for roads, bridges etc.

Fortunately, there is an economic recovery proposal being offered that will affect long-term expectations. This is the “Rapid Recovery” plan unveiled this week from House Minority Leader John Boehner. This would cut tax rates on business and individual investment and remove burdensome regulations to energy exploration.

The Boehner plan would cut the U.S. corporate tax rate, among the highest in the world, to 25 percent from 35 percent. It would eliminate some capital gains taxes. This is important because, in addition to economic turmoil, a significant part of the stock market decline this year has been due to expected higher tax rates on dividends and capital gains. Folks are selling now to pocket their gains before rates go up next year. This was the conclusion of a recent New York Post op-ed by CNBC reporter Charles Gasparino, who wrote that Obama’s “plan includes some of the most lethal tax increases imaginable, including a jump in the capital-gains rate … This is clearly the wrong way to go in the wake of an economic meltdown.”

The plan has another provision costless to taxpayers that would be very important for economic stability. It would get rid of burdensome regulations that curtail oil exploration in the shale and offshore. This is crucial in helping to prevent a sudden oil spike from crimping an economic recovery

I would suggest adding another costless provision that would do wonders for growth: require the SEC and the bank regulators to suspend mark-to-market accounting for illiquid assets. These accounting mandates, as I have written in the Wall Street Journal, force healthy banks to take huge paper losses based on a troubled bank’s fire sale. These losses — most of the time on paper as the bank is still holding to maturity a performing mortgage or other loan — drastically reduce a bank’s “regulatory captial” to lend with.

Overall, Boehner’s plan deserves kudos for recognizing that a “rapid recovery” can only be spurred by the right long-term policy incentives.

You’ve got to love the Europeans. They demonstrate that things always can get worse. For instance, think about the epidemic of stupid farmers who use their farm equipment on wet ground. The EU is on the case! No harvesters in the mud, please!

Reports the Yorkshire Post:

EUROPEAN law which bans farmers from using their combine harvesters on wet soil has been criticised by prominent members of the House of Lords.
Former Commons Speaker, Baroness Boothroyd, described the laws as “ludicrous” while former National Farmers’ Union (NFU) president Lord Plumb referred to them as “one of the most stupid ever” during question time in the House of Lords.
The regulations, imposed by the European Union, have been waived several times over the past two years because of wet weather at harvest times.

Baroness Boothroyd said: “British farmers are the best judges of whether or not to use heavy machinery on their wet fields.

“When do we expect this ludicrous EU rule or regulation to be abandoned and British farmers use their common sense?”

Tory Lord Plumb added: “This is one of the most stupid laws that ever came out of Brussels. If we are talking about damaging soil, why not consider the problem area in Glastonbury?”

Environment Minister Lord Hunt of Kings Heath said no farmers had been found in breach of the English standard and told peers: “This is about protection of the soil and minimising damage to it.

“We will look to review the system to see if there can be more flexibility in future.”

But crossbencher Lord Elystan-Morgan countered: “The issue is not one of flexibility but of basic sanity. If the land is too wet to support the combine harvester, it is surely too wet to have the corn harvested.” The call came on the same day figures showed that farmers had produced a large harvest this year, in spite of heavy rain late in the summer.

There is something curious about imposing regulations which seem relevant only during wet weather, yet which are routinely waived during wet weather.  But that, I suppose, is the wonder of the wisdom of the EU.

Of course, I’m also left with this horrid feeling that Europe is where America is headed, and none too slowly.

Thousands of out-of-state college students have illegally registered to vote in swing states like Virginia, even while registering, and applying for absentee ballots, in their home state as well.  Forty such names have already been forwarded to Virginia State Police

This process has been abetted by Virginia’s liberal governor, Tim Kaine, and his chief of staff, who did so in response to complaints by the Obama campaign, over protests by local voting officials across the political spectrum.

Kaine appointees attempted to illegally block the counting of military absentee ballots, based on a technicality preempted by federal law, even as they ordered local voting officials to disregard state law by allowing out-of-state college students to vote in Virginia elections

Virginia’s attorney general, Bob McDonnell, has now issued an opinion concluding that those military votes must in fact be counted.