Category: Law

FDA Overreach

From the Washington Post:

The Food and Drug Administration on Friday ordered five companies that offer genome-sequencing tests to consumers, or that provide the scientific services for them, to prove the validity of such products.

The FDA said the tests, which scan a person's DNA for gene variants associated with specific diseases, are medical devices requiring the agency's approval.

The ability of genetic tests to predict diseases is currently limited; if the FDA were simply to require firms to acknowledge this point, say with a clear statement of probabilities, that would be one thing (although this task is better met by the FTC under advertising regulation).  But the FDA is brazenly overreaching in trying to regulate genetic tests as medical devices. First, there is no question that these tests are safe–safer than brushing your teeth!–and also effective in identifying genetic markers.  Thus, there is no medical reason whatsoever for regulation.

Moreover, genetic tests provide information, personal information about our bodies and our selves.  The FDA has no standing to interfere with the provision of such information.

Consider, I swab the inside of my cheek and send the sample to a firm. The idea that the FDA can rule on what the firm can and cannot tell me about my own genes is absurd–it's no different than the FDA trying to regulate what my doctor can tell me after a physical examination or what my optometrist can tell me after an eye examination (Please read the first line.  "G T A C C A…").

The idea that the FDA can regulate and control what individuals may learn about their own bodies is deeply offensive and, in my view, plainly unconstitutional.

The economics of interchange fees

There is a new paper by Todd Zywicki, which, due to my quick trip to Trento, I have not had time to read:

Fresh off of the most substantial national liquidity crisis of the last generation and the enactment of sweeping credit card regulation in the form of the Credit CARD Act, Congress continues to deliberate, with a continuing drumbeat of support from lobbyists, a set of new regulations for credit card companies. These proposals, offered in the name of consumer protection, seek to constrain the setting of “interchange fees”– transaction charges integral to payment card systems–through a range of proposed political interventions. This article identifies both the theoretical and actual failings of such regulation. Payment cards are a secure,  inexpensive, welfare-increasing payment mechanism largely unlike any other in history. Rather than increasing consumer welfare in any meaningful sense, interchange fee legislation represents an attempt by some merchants to shift costs away from their businesses and onto card issuing banks and cardholders. In particular, bank-issued credit cards offer a dramatic improvement in the efficiency and availability of consumer credit by shifting credit risk from merchants onto banks in exchange for the cost of the interchange fee–currently averaging less than 2% of purchase value. Merchants’ efforts to cabin these fees would harm not only consumers but also the merchants themselves as commerce would depend more heavily on less-efficient paperbased payment systems. The consequence of interchange fee legislation, as Australia’s experiment with such regulation demonstrates, would be reduced access to credit, higher interest rates for consumers, and the return of the much-loathed annual fee for credit cards. Interchange fee regulation threatens to constrain credit for consumers and small businesses as the American economy begins to convalesce from a serious “credit crunch,” and should be accordingly rejected.

How Singapore runs a casino: bump not nudge

To discourage locals from gambling, the government collects casino entrance fees — $70 for a 24-hour period or $1,400 for a year — from all Singaporeans and permanent residents.  Almost 30,000 people, mostly recipients of public assistance or those who have filed for bankruptcy, are automatically barred from entering.

The casinos, of course, are intended for foreign tourists.  Reversing his earlier position, Mr. Lee finally backed casino gambling, saying it was vital to Singapore's future.  He said rejecting casino gambling would send the message that:

…we want to stay put, to remain the same old Singapore, a neat place and tidy place with no chewing gum.

That's from the 4 June 2010 IHT, I can't find it on-line, at least not yet.

The economics of copying in light of superstars

Here is an argument I had not thought of, courtesy of Francisco Alcalá and Miguel González-Maestre:

We provide a new perspective on the impact of unauthorized copying and copy levies on artistic creation. Our analysis emphasizes three important aspects of artistic markets: the predominance of superstars, the dynamics of talent sorting, and the importance of promotion expenditures. In the short run, piracy reduces superstars’ earnings and market share, and increases the number of niche and young artists. From a dynamic perspective, piracy may help more young artists start their careers, thereby increasing the number of highly talented artists in the long run. The long run impact on artistic creation of levies on copy equipment may crucially depend on whether their yields primarily accrue to superstars or are allocated to help young artists.

I wonder, though, if piracy doesn't increase the returns to the most popular market superstars.  There are also expressive reasons for purchasing cultural commodities.  If you own copies of so many cultural outputs — possibly illegal copies — maybe you shell out for the real thing for the few "must-have" cultural products that everyone else is buying.  Imagine for instance a mother who buys her child the new Harry Potter on the first day because it is a "relic" of sorts and everyone else is getting it right away.  Or maybe a teenager wishes to "affiliate" with Eminem (in the old days) by actually buying and owning a copy of the best Eminem CD.

Hat tip goes to Eric John Barker.

By the way, here's a claim that Spain is responsible for twenty percent of the world's downloads.

Cigarette black markets in prison

Shades of the classic Radford article, except the time is now and the author is Stephen Lankenau:

Since the mid-1980s, cigarette-smoking policies have become increasingly restrictive in jails and prisons across the United States. Cigarette black markets of various form and scale often emerge in jails and prisons where tobacco is prohibited or banned. Case studies of 16 jails and prisons were undertaken to understand the effects of cigarette bans versus restrictions on inmate culture and prison economies. This study describes how bans can transform largely benign cigarette “gray markets,” where cigarettes are used as a currency, into more problematic black markets, where cigarettes are a highly priced commodity. Analysis points to several structural factors that affected the development of cigarette black markets in the visited facilities: the architectural design, inmate movement inside and outside, officer involvement in smuggling cigarettes to inmates, and officer vigilance in enforcing the smoking policy. Although these factors affect the influx of other types of contraband into correctional facilities, such as illegal drugs, this study argues that the demand and availability of cigarettes creates a unique kind of black market.

Hat tip goes to Vaughn Bell.

How bad is the Greek bureaucracy?

Canadian entrepreneur Steve Earle traveled to Greece with plans for what he hoped would be a flourishing business in a sunny, island-rich nation: a sea-plane airline.

But Mr. Earle's company, AirSea Lines, went bust five years later in 2008–hindered in large part, he says, by government bureaucracy. "They killed it by inertia," he says. "Greece is an unsustainable reality."

AirSea's odyssey illustrates one of the key problems preventing Greece from generating the economic growth it needs to pay off its heavy debts: Critics say a sprawling civil service has tried to secure its own survival through an opaque patchwork of fees, taxes and red tape. The European Commission estimates the administrative burden of Greece's bureaucracy–the value of work devoted to dealing with government-imposed administration–is equivalent to 7% of gross domestic product, twice the EU average.

There is much more here.  By the way, here is a new blog on the Greek financial crisis, in both Greek and English.

How to answer questions about your sexual orientation

As an aside, I cannot refrain from relating another anecdote, which is told of Gore Vidal.  In a TV interview he was asked: "Was your first sexual experience with a man or with a woman?"  To which he replied: "I was too polite to ask."

That is from Žižek citing Dolar, p.121.  It's a shame that Kagan does not have the liberty to answer in the same manner.

What do the freedom indices measure?

Here is a must-read post from StatsGuy, via James Kwak.  I don't agree with everything he says (e.g., Singapore, Wagner's Law) but here is his conclusion:

The Heritage Freedom Index is really a composite of measures that get at two different things: Good Government, and Less Government. Overall, the Good Government factors tend to dominate, and drive a lot of the correlation with good economic and quality of life outcomes. When one splits out the factors, the case for Less/Weaker Government weakens substantially, and the case for Clean/Non-Corrupt/Efficient government strengthens considerably.

Addendum: Here is a related discussion, especially in the comments.

Speculative thoughts on the credit rating agencies

The sometimes-corrupt agencies rate securities and, in response, markets sometimes ignore these ratings but other times use these ratings to achieve nefarious ends, such as when mortgage-backed securities were overvalued and used to game the financial system.

Reform proposals aim to improve the quality of the agencies and limit their corruption.  Imagine honest agencies, overrating securities half the time and underrating them the other half of the time.  The underrated occasions still would be ignored while overrated securities still would be used to game the system.  The core problem would remain about half of the time.

An alternative proposal would be to remove the legal power of the ratings and require each agency to hire a convicted felon as CEO.  Board members would be restricted to men with ten years or more experience as a department store Santa Claus, or eleven-year-old female fans of Hannah Montana.  If the agency is wrong some of the time no matter what, and that error has bad consequences, should we not aim to lower the credibility of the agencies rather than restoring it?

The unenlightened economy

SNAKING AROUND the outer wall of the courthouse in Mbaiki, Central African Republic, is a long line of citizens, all in human form and waiting to face judgment. It’s easy to imagine them as the usual mix of drunks, reckless drivers, and check-bouncers in the dock of a small American town. But here most are witches, and they are facing criminal punishment for hexing their enemies or assuming the shape of animals.

By some estimates, about 40 percent of the cases in the Central African court system are witchcraft prosecutions.

…most lawyers I consulted there favored keeping the law intact, although they admitted that it fits uneasily in a modern legal system. “The problem is that in a witchcraft case, there is usually no evidence,” said Bartolomé Goroth, a lawyer in Bangui…

More here.  Add this to the evidence for Joel Mokyr's thesis

Hat tip: The Browser.

Ramban, a 12th century Jewish Biblical Commentator

Doni Bloomfield sends me this passage:

Set aside a sum of money that you will give away if you allow yourself to be angered. Be sure that the amount you designate is sufficient to force you to think twice before you lose your temper… (Ramban: A letter for the Ages translated by Avrohom Chaim Feuer Reishit Chochmah, Shaar Ha'anavah Chapter 3)

The link to the source is here.

Serendipity in Istanbul

I am walking along the main shopping street, seeing many Turks but actually thinking it would be nice to read more on Edwin Chadwick, when I stumble across a bookstore with a largish section of Augustus M. Kelley reprints, no Chadwick but they do have the everyone-should-now-reread-it Herbert Feis, Europe the World's Banker, 1870-1914, and I stumble upon the section on Greece and the International Finance Commission of 1898.

A bit of Googling yields the following (JSTOR):

The I.F.C. was set up in 1898 as a result of Greece's disastrous defeat in the 1897 Greco-Turkish War.  The powers involved in its creation were Great Britain, France, Germany, Austria, and Italy.  The purpose of the commission was to control the collection and employment of the revenues assigned to…[various foreign loans, mostly to the aforementioned powers]…on which the country had defaulted in 1893, as a result of the slump in the currants trade.

The Greeks ended up raising the money through state monopolies on their customs ports, kerosene, salt, matches, playing cards, emery and cigarette paper, plus taxes on tobacco and stamp duties.

At $40, I pass on the book and I will see the story reenacted in any case.