Law

Here is David Goodhart writing about the UK:

…while many people in the top 20 or 30 per cent of the educational and economic hierarchy have become less attached to national social contracts in the past couple of generations, most people have actually become MORE attached to them. There are several reasons for this. The welfare state has been expanding not contracting in recent decades—think tax credits and the rise of housing benefit—and although state employment overall has been in decline, if you live in some of the most run down parts of Britain you are more likely than ever to be employed by the state. The fragmentation and disappearance of a once familiar industrial working class culture and the declining status of much non-graduate employment may also have contributed to a greater attachment to the symbols and benefits of national citizenship. The loss of tight local communities may have produced a stronger attachment to the imagined community of the nation. And the benefits of national belonging CAN be diminished by European integration and rapid, large scale immigration: this is not merely false consciousness.

The article is of more interest generally, and for the pointer I thank Alex X.

Heard in Baghdad: “I never thought Britain would break up before .”

That was from Ben Wedeman

I’m afraid we are about to find out that most, if not all, the Remain economic warnings were true

That was from John Gapper

CNH at 6.65. Forget Brexit. If PBOC piggybacking on this, this will be the new story

That was from Christopher Balding

worth remembering that no European country has had an election/referendum explicitly pitting national vs EU where EU won. None.

That was from Austan Goolsbee

Weird night for Netflix to drop the first live episode of Black Mirror.

That was from Le Vine

ITV now reporting that Sinn Fein calling for new vote on united Ireland. Brexiters were adamant that this wouldn’t happen.

That was from Simon Nixon

Thank goodness the world economy has the steady hand of the American voter to steer it to calmer waters.

That was from Justin Wolfers

My sympathies with Mexicans out there wondering why their currency has been smashed by 5.6% on a UK election result.

That was from Toby Nangle

No political change was ever postponed because it would freak out traders.

That was from Kristi Culpepper

Though I don’t drink, some nights I need to stay up a little later.

That was from me

“The betting is just massive,” says Mike Smithson, founder and editor of PoliticalBetting.com, a website that is something like a Bloomberg terminal for people who wager on political events. He characterizes the referendum as “the biggest political betting event of all time, anywhere.”

On Tuesday and Wednesday alone, the Brexit vote attracted wagers worth more than £3 million ($4.4 million), most of it via online transactions, and three-fourths landing on remain, Mr. Smithson estimated.

Yet in contrast:

William Hill estimates that the bookmaking industry will rack up wagers of £500 million ($735 million) on the European Championships. A World Cup final alone tends to attract £200 million ($294 million) in wagers to William Hill’s books.

That is from the NYT.  Last I saw the odds on Brexit were down to about 12 percent.  I also walked by the European Commission in Brussels, and saw not the slightest sign of panic or for that matter interest.  Nor was anyone in Molenbeek this morning gazing at the Brexit odds on their smart phones — most were too busy selling vegetables.

There is audio, video, and transcript at the link.  I introduced Cass like this:

The Force is strong with this one. Cass is by far the most widely cited legal scholar of his generation. His older book, Nudge, and his new book on Star Wars are both best sellers, and he was head of OIRA [Office of Information and Regulatory Affairs] under President Obama from 2009 to 2013. Powerful, you have become.

So tonight I’d like to start with a survey of Cass’s thought. We’re going to look at legal theory and then go to Nudge and then consider Star Wars, how it all ties together, and then we’re going to talk about everything.

On every point Cass responded clearly and without evasion.  We talked about judicial minimalism, Bob Dylan’s best album, the metaphysics of nudging, Possession, the ideal size of the Supreme Court, the wisdom of Yoda, Hayek, why people should choose their own path, the merits of a banned products store, James Joyce, why the prequels are underrated, and which of the first six movies is the worst of the lot.  Here is one bit:

COWEN: Let’s take a concrete example from real life: Jedi mind tricks. Obi-Wan comes along and says, “These aren’t the droids you’re looking for.” And what does the stormtroooper do? He goes away. Now, is that a nudge?

SUNSTEIN: No, it’s a form of manipulation. So — .

[laughter]

COWEN: OK, but how do you draw the metaphysical categories? It seems like a nudge that just happens to work all the time.

SUNSTEIN: OK. I’ll give you a quick and dirty way of getting at that…

Here is another:

COWEN: If you were to pick one character from Star Wars who would nudge you — you get to elect them; you’re the only vote. Even Samantha doesn’t get a vote, just Cass — not your children — which character would you pick? Whom would you trust with that nudge? It’s a universe full of Jedi here, right?

SUNSTEIN: Yoda.

COWEN: Yoda?

SUNSTEIN: I trust that guy.

COWEN: But I worry about Yoda.

SUNSTEIN: I trust him.

Finally:

SUNSTEIN: Thank God for libertarian paternalism, that Luke has a choice. The Sith, by the way, like the Jedi, respect freedom of choice. In the crucial scene in Episode III where the question is whether Anakin is going to save the person who would be emperor, he says, “You must choose.” And so there’s full respect for freedom of choice. Nudgers have that. Good for them.

COWEN: Bad guys always tell you the deal, and then they say, “Choose evil.” It seems the good guys always mislead you.

There’s this funny tension. Star Wars makes me more nervous about nudge. I’m not like this huge anti-nudge guy, but when I look at Obi-Wan and Yoda lying to Luke — “Ben, Ben, Ben, why didn’t you tell me?” How many times have I heard that in these movies?

SUNSTEIN: It’s fair to ask whether Obi-Wan and Yoda had it right.

There is much, more more…self-recommending!

View story at Medium.com

In Utah v. Strieff, the Supreme Court has again weakened Fourth Amendment rights. The Sotomayor and Kagan (joined by Ginsburg) dissents are excellent and important. Sotomayor summarizes the basic issue in the case:

The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer’s violation of your Fourth Amendment rights. Do not be soothed by the opinion’s technical language: This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants—even if you are doing nothing wrong. If the officer discovers a warrant for a fine you forgot to pay, courts will now excuse his illegal stop and will admit into evidence anything he happens to find by searching you after arresting you on the warrant. Because the Fourth Amendment should prohibit, not permit, such misconduct, I dissent.

If outstanding warrants were few and far between and distributed more or less randomly the case would have been wrongly decided but of little practical importance. Outstanding warrants, however, are common and much more common in some communities than others. As I wrote in 2014, in Ferguson, MO a majority of the population had outstanding warrants and not because of high crime:

You don’t get $321 in fines and fees and 3 warrants per household from an about-average crime rate. You get numbers like this from bullshit arrests for jaywalking and constant “low level harassment involving traffic stops, court appearances, high fines, and the threat of jail for failure to pay.”

Sotomayor and Kagan understand all this and the incentives the case now creates for bad policing. Here’s Kagan (who cites some of my work):

…far from a Barney Fife-type mishap, Fackrell’s seizure of Strieff was a calculated decision…As Fackrell testified, checking for outstanding warrants during a stop is the “normal” practice of South Salt Lake City police….And find them they will, given the staggering number of such warrants on the books.

…The majority’s misapplication of Brown’s three-part inquiry creates unfortunate incentives for the police— indeed, practically invites them to do what Fackrell did here….Now the officer knows that the stop may well yield admissible evidence: So long as the target is one of the many millions of people in this country with an outstanding arrest warrant, anything the officer finds in a search is fair game for use in a criminal prosecution. The officer’s incentive to violate the Constitution thus increases: From here on, he sees potential advantage in stopping individuals without reasonable suspicion—exactly the temptation the exclusionary rule is supposed to remove.

Sotomayor is at her most scathing in explaining the indignity and serious consequences of an arrest even without a conviction (citations removed for clarity):

The indignity of the stop is not limited to an officer telling you that you look like a criminal. The officer may next ask for your “consent” to inspect your bag or purse without telling you that you can decline. Regardless of your answer, he may order you to stand “helpless, perhaps facing a wall with [your] hands raised.” If the officer thinks you might be dangerous, he may then “frisk” you for weapons. This involves more than just a pat down. As onlookers pass by, the officer may “‘feel with sensitive fingers every portion of [your] body. A thorough search [may] be made of [your] arms and armpits, waistline and back, the groin and area about the testicles, and entire surface of the legs down to the feet.’”

The officer’s control over you does not end with the stop. If the officer chooses, he may handcuff you and take you to jail for doing nothing more than speeding, jaywalking, or “driving [your] pickup truck…with [your] 3-year-old son and 5-year-old daughter…without [your] seatbelt fastened.” At the jail, he can fingerprint you, swab DNA from the inside of your mouth, and force you to “shower with a delousing agent” while you “lift [your] tongue, hold out [your] arms, turn around, and lift [your] genitals.” Even if you are innocent, you will now join the 65 million Americans with an arrest record and experience the “civil death” of discrimination by employers, landlords, and whoever else conducts a background check. And, of course, if you fail to pay bail or appear for court, a judge will issue a warrant to render you “arrestable on sight” in the future.

…[all of this, AT] implies that you are not a citizen of a democracy but the subject of a carceral state, just waiting to be cataloged.

Rates of marijuana use among Colorado’s teenagers are essentially unchanged in the years since the state’s voters legalized marijuana in 2012, new survey data from the Colorado Department of Public Health and Environment shows.

In 2015, 21 percent of Colorado youths had used marijuana in the past 30 days. That rate is slightly lower than the national average and down slightly from the 25 percent who used marijuana in 2009, before legalization. The survey was based on a random sample of 17,000 middle and high school students in Colorado.

That is from Christopher Ingraham at Wonkblog.  Those are surveys, yes, but even the continuing feeling that one needs to lie and say no should count for something.

Critics attribute such medical experimentation in China to national ambition, generous state funding, a utilitarian worldview that prioritizes results, and a lack of transparency and accountability to the outside world.

If that is the critics, I wonder what the defenders say!  That concerns transplanting one person’s head onto the body of another.  From that NYT article, the procedure still seems impossible.  Nonetheless I am not sure the NYT’s articulation of the critical charges sounds as damning as many biomedical ethicists might wish to think…

The robot administers a small pin prick at random to certain people of its choosing.

The tiny injury pierces the flesh and draws blood.

Mr Reben has nicknamed it ‘The First Law’ after a set of rules devised by sci-fi author Isaac Asimov.

He created it to generate discussion around our fear of man made machines. He says his latest device shows we need to prepare for the worst

‘Obviously, a needle is a minimum amount of injury, however – now that this class of robot exists, it will have to be confronted,’ Mr Reben said on his website.

Here is more, with pictures of (slightly) injured humans, via the excellent Mark Thorson.

Ban the box policies forbid employers from asking about a criminal record on a job application. Ban the box policies don’t forbid employers from running criminal background checks they only forbid employers from asking about criminal history at the application/interview stage. The policies are supposed to give people with a criminal background a better shot at a job. Since blacks are more likely to have a criminal history than whites, the policies are supposed to especially increase black employment.

One potential problem with these laws is that employers may adjust their behavior in response. In particular, since blacks are more likely than whites to have a criminal history, a simple, even if imperfect, substitute for not interviewing people who have a criminal history is to not interview blacks. Employers can’t ask about race on a job application but black and white names are distinctive enough so that based on name alone, one can guess with a high probability of being correct whether an applicant is black or white. In an important and impressive new paper, Amanda Agan and Sonja Starr examine how employers respond to ban the box.

felony-ban-the-boxjpg-4cf5965f1e8f84ed_largeAgan and Starr sent out approximately 15,000 fake job applications to employers in New York and New Jersey. Otherwise identical applications were randomized across distinctively black and white (male) names. Half the applications were sent just before and another half sent just after ban the box policies took effect. Not all firms used the box even when legal so Agan and Starr use a powerful triple-difference strategy to estimate causal effects (the black-white difference in callback rates between stores that did and did not use the box before and after the law).

Agan and Starr find that banning the box significantly increases racial discrimination in callbacks.

One can see the basic story in the situation before ban the box went into effect. Employers who asked about criminal history used that information to eliminate some applicants and this necessarily affected blacks more since they are more likely to have a criminal history. But once the applicants with a criminal history were removed, “box” employers called back blacks and whites for interviews at equal rates. In other words, the box leveled the playing field for applicants without a criminal history.

Employers who didn’t use the box did something simpler but more nefarious–they offered blacks fewer callbacks compared to otherwise identical whites, regardless of criminal history. Together the results suggest that employers use distinctively black names to statistically discriminate.

When the box is banned it’s no longer possible to cheaply level the playing field so more employers begin to statistically discriminate by offering fewer callbacks to blacks. As a result, banning the box may benefit black men with criminal records but it comes at the expense of black men without records who, when the box is banned, no longer have an easy way of signaling that they don’t have a criminal record. Sadly, a policy that was intended to raise the employment prospects of black men ends up having the biggest positive effect on white men with a criminal record.

Agan and Starr suggest one possible innovation–blind employers to names. I think that is the wrong lesson to draw. Agan and Starr look at callbacks but what we really care about is jobs. You can blind employers to names in initial applications but employers learn about race eventually. Moreover, there are many other margins for employers to adjust. Employers, for example, could simply start increasing the number of employees they put through (post-interview) criminal background checks.

Policies like ban the box try to get people to do the “right thing” by blinding people to certain types of information. But blinded people tend to use other cues to achieve their interests and when those other cues are less informative that often makes things worse.

Rather than ban the box a plausibly better policy would be to require the box. Requiring all employers to ask about criminal history would tend to hurt anyone with a criminal record but it could also level racial differences among those without a criminal record. One can, of course, argue either side of that tradeoff and that is my point.

More generally, instead of blinding employers a better idea is to change real constraints. At the same time as governments are forcing employers to ban the box, for example, they are passing occupational licensing laws which often forbid employers from hiring workers with criminal records. Banning the box and simultaneously forbidding employers from hiring workers with criminal records illustrates the incoherence of public policy in an interest-group driven system.

Ban the box is another example of good intentions gone awry because the man of system tries to arrange people as if they were pieces on a chessboard, without understanding that:

…in the great chess-board of human society, every single piece has a principle of motion of its own, altogether different from that which the legislature might chuse to impress upon it. If those two principles coincide and act in the same direction, the game of human society will go on easily and harmoniously, and is very likely to be happy and successful. If they are opposite or different, the game will go on miserably, and the society must be at all times in the highest degree of disorder. (Adam Smith, ToMS)

Addendum 1: The Agan and Starr paper has much more of interest. Agan and Starr, find, for example, evidence of discrimination going beyond that associated with statistical discrimination and crime. In particular, whites are more likely to be hired in white neighborhoods and blacks are more likely to be hired in black neighborhoods.

Addendum 2: Agan was my former student at GMU. Her undergraduate paper (!), Sex Offender Registries: Fear without Function?, was published in the Journal of Law and Economics.

Geneva notes

by on June 19, 2016 at 4:18 pm in Food and Drink, Law, Travel, Uncategorized | Permalink

This is still the land of the $76 veal chop, and that is not at Michelin-starred restaurants.  You will do better by seeking out ethnic food on and around Rue de Monthoux, which is in center city and concludes right by the lake.  At an Indian-Iranian restaurant just off this street, Royal India, I had perhaps the best fesenjan in memory.

Due to lost bank secrecy, international banks are leaving Geneva, and Swiss watch exports are falling.  The view of the lake is still beautiful, and some of the lake shore real estate now seems to be empty.  The swans are still all white, however.

Barbier-Mueller is piece for piece one of the higher quality museums in the world, mostly African and Oceanic items, and currently they have a good show on media of exchange with artistic qualities.

Center city now seems to be at least fifty percent immigrants, and I am not referring to the numerous French and Germans who settle in Switzerland.  This was not what I was expecting the first time I saw Geneva in 1985.  It is a livelier city, but it still radiates that old, vague sense of dullness.

Very often they are passed down father to son.  Here is a recent paper by Avdeenko and Siedler:

This study analyzes the importance of parental socialization on the development of children’s far right-wing preferences and attitudes towards immigration. Using longitudinal data from Germany, our intergenerational estimates suggest that the strongest and most important predictor for young people’s right-wing extremism are parents’ right-wing extremist attitudes. While intergenerational associations in attitudes towards immigration are equally high for sons and daughters, we find a positive intergenerational transmission of right-wing extremist party affinity for sons, but not for daughters. Compared to the intergenerational correlation of other party affinities, the high association between fathers’ and sons’ right-wing extremist attitudes is particularly striking.

Here is a sentence from the paper:

Young adults whose parents were very concerned about immigration to German during their childhood years have a 27 percentage point (60 percent) higher likelihood of also expressing strong concerns about immigration as young adults.

This of course should make you less confident of your anti-immigrant views, if indeed you hold them.  Similarly, the intergenerational transmission of particular religious beliefs is also a strong reason not to be very confident in them.  If you get your religious beliefs from your parents and other relatives, through whatever mechanism, rather than from God, well…why are your parents a more reliable source of knowledge about this question than anyone else’s parents?

Paris recently made a bold pitch to woo City of London bankers in the event of Brexit. But, HSBC aside, most banks scoff at the idea that Paris would be a natural venue. Frankfurt, home of the European Central Bank and the financial capital of Europe’s biggest economy, is also problematic. As a small city with a population of less than 700,000 people, it is seen as provincial and unpopular with staff. Dublin is English-speaking and attractive on tax grounds, but it is a relative backwater. The most likely outcome is that foreign banks with large operations in London would shift their staff to a spread of eurozone locations where they already have operations — including Frankfurt, Dublin, Paris, Warsaw and Lisbon. That would fragment the financial services industry in Europe, potentially weakening the continent’s ability to compete internationally.

It’s not Europe, but of course we have to add New York City to the list of alternative cities.  The Patrick Jenkins FT article is interesting throughout.

I found this discussion of interest:

I believe I’ve sketched out an idea that enables all transfers to verify the recipient is not a prohibited person without communicating any distinguishing information to the government while optionally leaving an audit trail useful for prosecution.

  • When an individual applies for state-issued identification, let them choose a public-private key pair. Make the public key part of their identification card, and the private key remain private. Not even the issuing state would know it. Add their public key to a whitelist.

  • At the same time, perform a background check to determine if the individual is a prohibited person. If so, add their public key to a blacklist.

  • Publish the blacklist in bulk and make updates available daily. We all have access to the Internet. We can do this. Regularly update the blacklist according to adjudicating events associated with the definition of “prohibited person.” For example, at the time of conviction of a felony, and individual’s public key gets added to the blacklist.

  • Firearms sellers, private and commercial, must maintain a copy of the blacklist up-to-date at the time of sale. Perhaps use a blockchain of sorts and/or share via BitTorrent or some other distributed service.

  • At the time of sale, the recipient provides their public key to the seller. Seller verifies the public key is not on the blacklist. The seller constructs a secret cryptographic nonce and encrypts it with the recipient’s public key. Recipient decrypts with their private key and returns the nonce in plaintext to the seller to confirm their public-private key pair is valid. This form of handshaking is common place and may be automated.

  • If the recipient is on the whitelist and not on the blacklist, the transfer may proceed.

  • Optionally, the seller may record a log of the recipient’s public key, perhaps encrypted with their private key. On the event of a warranted search, the seller may choose to decrypt their log entry to reveal the identify of the recipient.This leaves the audit trail which we may be legislatively require.

Thus, no direct communication with the state on the event of a transfer is needed which prevents the creation of a registry. Prohibited persons cannot acquire firearms without unlawful behavior from the seller which satisfies the aims of universal background checks. We already have all the cryptographic primitives and communications infrastructure needed to implement this and verify its integrity.

Thoughts?

That is from kermudgeon on Reddit, via N.  Some of the comments are quite good as well.

…the market cap of four of the largest coal companies was more than $35 billion in 2011. After a flurry of regulation, it’s now a smudge on the graph below, a decline of 99 percent.

That is from Sam Batkins, via Rick Newman and Joanna Bryson 2.

That is the new article by Michael Rosenwald, here is an excerpt:

From 1976 to 1994, there were about 18 mass shootings per year, according to Fox’s data, which is drawn from  federal statistics. Between 1995 and 2004, a period covering the ban [on assault weapons], there were about 19 incidents per year. And from 2005 to 2011, after the ban expired, the average went up to nearly 21.

Fox makes an important point about what probably happened during the ban: Mass shooters can rather “easily” come up with “alternate means of mass casualty if that were necessary.”

In other words, if they can’t get an AR-15, they get a Glock.

Assault rifles are used in only about 27 percent of mass shootings, see Alex too.

Here is an additional piece worth reading: “common state and federal gun laws that outlaw assault weapons are unrelated to the likelihood of an assault weapon being used during a public shooting event. Moreover, results show that the use of assault weapons is not related to more victims or fatalities than other types of guns.”

There is more here.