Patent Trolls in Texas Take Another Hit

Plaintiffs in patent lawsuits used to flock to the Eastern District.of Texas because they could sue anywhere in the United States and the Eastern District has long been notoriously friendly to plaintiffs. In 2016, Marshall, Texas with a population of only 24,000, was home to an astonishing 25 percent of all patent filings in the U.S. In May of 2017, however, the Supreme Court ruled unanimously in TC Heartland v. Kraft Foods that plaintiffs can’t forum shop to find a friendly court. Instead patent plaintiffs must file in districts where the company  being sued is incorporated or where it has an established place of business.

Businesses are now responding to the Supreme Court’s rule by shifting their establishments. Apple, for example, looks like it will close both of its retail stores within the Eastern District of Texas and instead open a new store in Dallas, just south of the Eastern District of Texas border.

*Law and Macroeconomics: Legal Remedies for Recessions*

That is the new and interesting book by Yair Listokin.  He argues that during a downturn regulators perhaps should be slower to approve utility rate increases, the IRS should run tax policy in a more stimulative manner, construction expenditures should be less regulated, and some environmental review should be eased.  Perhaps during the Greek financial crisis, all prices and debt contracts should have been lowered, by law, an immediate ten percent, to ease the deflation.

Should so many different parts of government, including at the state and local level, have macroeconomic goals added to their missions?  I am not sure, but I am glad to see an entire book devoted to the idea.

How to improve the tenure process

Next, institutions must heed growing calls to abandon paper counting and similar metrics for evaluating researchers. One alternative approach, the Rule of Five, demonstrates a clear commitment to quality: candidates present their best five papers over the past five years, accompanied by a description of the research, its impact and their individual contribution. The exact numbers are immaterial: what matters is the focus on quality. A handful of institutions have required reviewers to consider individual contributions rather than lists of publications, and the shift has not been easy. Reviewers should be admonished for Googling individuals’ h-indices and citation lists, for example. Perseverance and self-reflection are essential.

Here is the Nature piece by Alan Finkel, via Lama.

Friday assorted links

1. Organizational methods of Stephen Wolfram (frankly, I find a bunch of piles on the floor to be easier to implement).

2. Scott Sumner on blackmail: “I suspect that the almost universal public opposition to legalizing blackmail reflects society’s view (subconscious to be sure) that enforcing these norms (especially for non-criminal activities) requires a “light touch”, and that turning shaming into an highly profitable industry will do more harm than good. It will turn society into a mean, backstabbing culture. The people hurt most will be sensitive good people who made a mistake, not callous gang members who don’t care if others think they are evil.”

3. Scott Sumner on MMT.

4. How to build a brand.

5. Noah Smith reviews Martin Gurri.

Abiy Ahmed in a nutshell

He is the Prime Minister of Ethiopia:

In that time, he has overseen the swiftest political liberalisation in Ethiopia’s more than 2,000-year history. He has made peace with Eritrea; freed 60,000 political prisoners, including every journalist previously detained; unbanned opposition groups once deemed terrorist organisations; and appointed women to half his cabinet. He has pledged free elections in 2020 and made a prominent opposition activist head of the electoral commission. In a country where government spies were ubiquitous, people feel free to express opinions that a year ago would have had them clapped in jail.

Here is more from David Pilling and Lionel Barber at the FT.  Don’t forget that until the ascent of Abiy Ahmed, the internet was basically shut down for most of the country.

The Georgist equilibrium comes to Greece?

The 63-year-old has been been trying to buy an apartment ever since she was evicted from the home she rented for 32 years – when it was bought by Chinese investors two years ago.

“I want some security in case the same thing happens again,” says Ms Hynes, originally from Ireland. She earns a modest salary as an English teacher, while her Greek husband’s monthly pension was cut from €1,500 (£1,315; $1,690) to €500 during the country’s economic crisis, which began in 2010.

“When we were evicted there were still apartments selling nearby for €100,000. Now I can’t find anything under €250,000. These are Chinese and Russian prices. Not Greek.”

Greece’s financial crisis a decade ago shrank the country’s economy by more than 25% in the following years, but there are finally signs of improvement.

The property market, once completely dead, is on the rise – house prices in Athens rose 3.7% last year…

The boom appears to be driven by a controversial “golden visa” scheme, in which non-EU citizens receive residency and free movement in the EU’s Schengen zone, in exchange for investing in property.

The worry is that foreign investors are benefiting while ordinary Greeks miss out.

Many EU countries including the UK, Portugal and Spain, have golden visa schemes, but Greece has the lowest threshold. Investors receive five-year residency after purchasing €250,000 of property, making the country a new hotspot for foreign buyers.

Here is the full Jessica Bateman BBC story, via Ray Lopez.  Does a culture of renters bring a bohemian, non-complacent dynamic urban core?  Or a bunch of whiners who oppose economic progress?  Or both?

Liu Cixin on American vs. Chinese science fiction

Presently — faced with the immaturity of Chinese sci-fi — everyone in our sci-fi community is envious of the adult sci-fi readership in the US, and see it as a sign of maturity in sci-fi literature. But one must know that senility comes after maturity, and death comes after senility. The prosperity of US sci-fi is largely a result of the prosperity of its movie and TV industries, and these sci-fi movies and TV shows are but a stylistic extension of the “golden age” (sci-fi). Contemporary sci-fi literature itself in US is already deep in twilight — full of works applying complex techniques to express dense metaphors, completely devoid of the youthful energy of the “golden age” (sci-fi); and many magnum opuses in recent years already have an air of death about them. Americans under 25 these days basically don’t read sci-fi; I don’t see what’s to be envied about that.

And this:

But to look at it in another way, sci-fi literature is by its very nature immature — because it shows humanity in its childhood, filled with curiosity and fear for the vast and profound universe, as well as the urge to explore it. In the face of such a universe, human science and philosophy are very immature, and sci-fi is the only literary form available to express our scientific and philosophical immaturities; so it’s no surprise that sci-fi is filled with immaturity. When human science is developed to the furthest extent and everything in the universe is discovered down to its minutia, that will be the day sci-fi dies.

Here is the entire Reddit thread, via Benjamin Lyons.

Are the New York subsidies to Amazon really so outrageous?

No, as I explain in my latest Bloomberg column, I do not think New York should have offered Amazon the tax break.  Still, the polemical outrage over this proposed policy seems to me out of hand.  It simply wasn’t that costly, unusual, or unfair.  Here is one bit:

Consider, by way of illustration, entitlement and discretionary spending on the federal level. A program such as Social Security or Medicare is done entirely by formula, as it should be; large companies cannot lobby for higher payments or lower taxes for their workers. Much of discretionary spending, by contrast, is research grants and procurement contracts. One company or researcher wins, and the others do not. Furthermore, the government will usually offer different prices and terms, based on how much value it thinks the winning bidder can bring to the project. All of which is to say: Discretionary spending requires … government discretion.

Viewed in the context, critics of local development subsidies are also critics of government discretion. Or, to frame the issue in a duller way: They do not believe local governments should treat economic development as a procurement problem. That’s a defensible position, but it is not obviously correct.

Another analogy is with private shopping malls, which commonly charge much lower per-unit rents to anchor tenants, maybe even subsidizing them. That is based on the view that a famous retail chain or movie theater can help other businesses in the mall by attracting customers and burnishing the overall image of the place. When a local government offers tax incentives to relocating businesses, it is in a sense acting like a shopping mall, which treats tenant recruitment as a kind of procurement problem. Offering differential rewards to prospective tenants is standard practice.

And note this point about fixed assets:

When a large company is going to make a significant investment in an urban area, it is hoping for support in terms of infrastructure maintenance or improvement, and indeed it invests on that basis. The reality is that municipalities often have difficulty fulfilling their obligations anyway. (This also holds true, unfortunately, for even basic promises to ordinary citizens. Ridden the New York City subway lately?)

In other words, Amazon cannot walk away from NYC the way a street vendor can move to South Carolina and set up a barbecue shop.  So they will be taxed harder ex post, if only in “in kind” terms, namely inferior services for the company and its employees.  The lower tax rate upfront is in large part an offset to this expected time consistency problem.

By the way, Singapore, Singapore, Singapore.  And I thank Garett Jones for the shopping malls point.

How to travel to India

From a reader:

I have really enjoyed your travel posts on various countries, and am currently planning a trip to India for the month of November. However, I have struggled to find much writing of yours on the country. Perhaps a post on tips/places/cities/culture is in order? It would be much appreciated.

I have only a few India tips, but I can recommend them very, very strongly.  Here goes:

1. You can’t just walk around all day and deal with the pollution, the bad sidewalks, and dodging the traffic.  This ain’t Paris.  Plan accordingly.

2. When Alex set off to live in India, I said to him: “Alex, after a few weeks there, I want you to email me “the number.”  The number is how many consecutive hours you can circulate in an Indian city without having to stop and resort to a comfortable version of the indoors.”  You too will figure out pretty quickly what your number is, and it won’t take you a few weeks.

3. India is one of the very best and most memorable trips you can take.  You should go repeatedly.

4. Every single part of India is interesting and worth visiting, as far as I can tell after five trips.  That said, I find Bangalore quite over-visited relative to its level of interest.

5. My favorite places in India are Mumbai, Chennai, Rajasthan, and Kolkaata.  Still, I could imagine a rational person with interests broadly similar to my own having a quite different list.

6. India has the best food in the world.  It is not only permissible but indeed recommended to take all of your meals in fancy hotel restaurants.  Do not eat the street food in India (and I eat it virtually everywhere else).  It is also permissible to find two or three very good hotel restaurants — or even one — and simply run through their menus.  You won’t be disappointed.

7. Invest in a very, very good hotel.  It is affordable, and you will need it, and it will be a special memory all its own.

8. Being driven around in the Indian countryside is terrifying (and I have low standards here, I do this all the time in other non-rich countries).  If it were safer, I would see many more parts of India.  But it isn’t.  So I don’t.

9. If you go during monsoon season, your trip will be quite memorable.  I cannot say I recommend this (I don’t), but I am myself glad I did it once, in Goa, when monsoon season started early.  I got a lot of work done.

10. Do not expect punctuality.

11. Most of the sights in India, including the very famous ones, are overrated.  The main sight is India itself, and that is underrated.

12. “In religion, every Indian is a millionaire.”

I thank Yana and Dan Wang and Alex for discussions relevant to this post.

Venezuela is in large part the fault of socialism

Here is my Bloomberg column on that topic, excerpt:

…rates of change are important. The Venezuelan figure of about 40 percent [govt. spending/gdp] is up from about 28 percent in 2000, a very rapid increase. By boosting government spending so quickly, the Venezuelan government was sending a message that the key to future riches is courting government favor, not starting new businesses.

Or consider exports, which for most developing economies play an especially critical role. They bring in foreign exchange, provide contacts to foreign markets, and force parts of the economy to learn how to compete with the very best foreign companies. Yet over 90 percent of Venezuela’s exports are oil, and those resources are owned and  controlled by the government. For this all-important growth driver, Venezuela comes pretty close to full socialism — to its detriment.

…nationalizations under Chavez were numerous — encompassing much of the oil sector plus parts of the agriculture, transport, power, steel, telecommunications and finance industries. Even though many of those nationalizations were small in scale, the threat of further encroachments on private property rights discouraged investment and sent the wrong signal about where the nation was headed.

There is much more at the link, including a discussion of the all-important dimension of ideas.  And here is the essential Kevin Grier on Venezuela.

Wednesday assorted links

1. Is Oumuamua a giant snowflake?

2. On the I.N.F. missile control treaty (NYT).

3. “Single women without children drove most of the downturn in women’s workforce participation from 1999 through 2007, according to a study by professor Robert Moffitt of Johns Hopkins University.

4. Adam Smith’s rebuke of the slave trade.

5. 14-year-old teen builds nuclear fusion reactor in Memphis home.

6. Why does Amazon pay so little in taxes?

7. “Aspirationan online bank founded on the idea that customers should pay what they think is fair, is rolling out a new banking service where consumers can gain additional rewards for shopping at companies who carry out sustainable business practice.”

Peremptory Challenges

During the jury selection process, attorneys may request that a potential juror be stricken for cause, e.g. the juror is related to the defendant. Attorneys also have a limited number of peremptory challenges, typically between 3 and 20 depending on the state and the seriousness of the charges, which are essentially accepted without question. In Batson v. Kentucky the Supreme Court ruled that peremptory challenges may not be based solely on race but it’s widely acknowledged that Batson has no teeth because attorneys can easily come up with pretexts–which need not rise to the level of causes–to strike.

Next month the Supreme Court will revisit peremptory challenges and race. I don’t have strong opinions on the issue, although a small number of peremptory challenges seem fine to me, if only to keep the system moving and reduce the time and resources spent on jury selection. One reason I don’t have strong opinions is that I don’t think peremptory challenges are as biased as a NYTimes article seems to suggests.The NYTimes article, for example, never mentions that defendants also get peremptory challenges!  A second more subtle reason is that diversity of the jury pool constrains the jury even when there are no minorities on the jury. Here, from an earlier post, I comment on the findings of The Impact of Jury Race in Criminal Trials:

What the authors discover is that all white juries are 16% more likely to convict black defendants than white defendants but the presence of just a single black person in the jury pool equalizes conviction rates by race. The effect is large and remarkably it occurs even when the black person is not picked for the jury. The latter may not seem possible but the authors develop an elegant model of voir dire that shows how using up a veto on a black member of the pool shifts the characteristics of remaining pool members from which the lawyers must pick; that is, a diverse jury pool can make for a more “ideologically” balanced jury even when the jury is not racially balanced.

Thus, diversity of the jury pool may be as important as diversity of the jury–in a way that’s fortunate since it’s easier to make the jury pool diverse (as we have done with required randomization) than the jury. Instead of eliminating peremptory challenges, I’d raise their cost. For example, suppose that both sides get 3 “free” peremptory challenges but if they wanted one more they would have to give two to the opposing side.

Addendum: Justice Kavanaugh has written in favor of restricting peremptory challenges.