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Friday, September 19, 2003 ::: Rights and Reason: Grasso Resigns National Review's Larry Kudlow analyzes the resignation of New York Stock Exchance CEO Dick Grasso with appropriate outrage: kangaroo court of liberal-leaning journalists and Democratic state treasurers charged and convicted former New York Stock Exchange CEO Dick Grasso with an unpardonable sin � success.The Grasso "scandal" has every appearance of hating the good for being good. Just like the federal indictment of Martha Stewart, the ouster of Grasso is not about corporate ethics or the rule of law, but about demonizing those who dare to earn and enjoy business success. The most disturbing aspect of this story is the self-indulgent whining from numerous state treasurers--including California's--over Grasso's "unfair" pay package. You can argue the treasurers are a valid stakeholder, since state-administered pension funds are a major stock investor. That's true enough, but state treasurers are first and foremost politicians, not businessmen, so their criticism of Grasso is presumptively an act of political self-indulgence, not a rational criticism of NYSE's business practices. Especially coming from states, like California, that have financially mismanaged themselves into near-insolvency, the attack on Grasso's salary seems little more than an effort to deflect public attention from the genuine financial scandal of state budgets run amok. ::: posted by Skip Oliva
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From my perch looking north into metro Washington, power has just been restored in my immediate Alexandria neighborhood, while much of the surrounding area remains in darkness. ::: posted by Nicholas Provenzo
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Thursday, September 18, 2003 ::: CAC Chairman Nick Provenzo reports the power is out in his Alexandria, Virginia, neighborhood. The lights remain on from my Northwest Washington, DC, perch however. ::: posted by Skip Oliva
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Foreign Policy: Saudis Think About the Bomb The Guardian says that Saudi Arabia is considering a nuclear strategy, either an alliance with a nuclear power, a plan to buy the bomb from Pakistan, or to somehow get Israel and Iran to give up their nuclear programs. ::: posted by John Bragg
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Celebrating Capitalism: Hurricane News According to phone reports, power is out in parts of Montgomery County, MD, (northwest of Washington) but Papa John's is delivering. ::: posted by John Bragg
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Foreign Policy: Crisis Micro-Management Chess king Gary Kasparov has some sharp words on US foreign policy in a WSJ essay analyzing US relations with Russia: Instead of offering us a new vision of global development, on the scale of Winston Churchill's historic 1946 "Iron Curtain" speech, the current administration has reduced its foreign policy to a vehicle of crisis micro-management.Kasparov hit it right on the head. The US lacks a clear, coherent strategic vision, and the willingness to fight for that vision if necessary. Iran and North Korea are much greater threats to US security than Iraq, yet the administration seems unwilling to aggressively face down on either regime. It dosen�t get better. Kasparov continues: President Putin was quick to phone George W. Bush after the 9/11 attacks. But as the Bush administration built its case for war against Iraq, he preferred the company of Jacques Chirac and Gerhard Schroder, not to mention the business of Saddam Hussein. Meanwhile, Russia continues to supply Iran with nuclear technology and has done next to nothing to thwart the North Koreans' pursuit of Russian technology to advance their intercontinental-ballistic-missile program.Helping our enemies ought to come with a price. It�s high time the Bush Administration find some courage--and a policy to match. ::: posted by Nicholas Provenzo
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Antitrust News: More Postal Comments Two more amicus briefs were filed this week in the Postal Service antitrust case before the Supreme Court. Both the Washington Legal Foundation and the American Trucking Associations filed in support of the respondent, Flamingo Industries. The ATA's membership includes Postal Service competitors United Parcel Service and Federal Express. ::: posted by Skip Oliva
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Antitrust News: Antitrust Ruling Upheld Against Visa, MC Reuters reports Visa and MasterCard lost in court yesterday. A federal appeals court on Wednesday upheld a lower court's antitrust ruling against Visa and MasterCard, dealing a blow to the credit card associations' efforts to prevent member banks from issuing cards from rivals American Express Co. and Discover.Visa and MasterCard's argument is true, but not primary. Why don't Visa and MasterCard enjoy a fundamental right to set terms for the use of thier products? That's the billion dollar question behind antitrust that Visa and MasterCard have yet to ask. ::: posted by Nicholas Provenzo
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Rights and Reason: Hurricane Isabel This just in: The Citizens for Voluntary Trade filed emergency comments with the National Oceanic and Atmospheric Administration opposing the planned landfall of Hurricane Isabel, citing that the strong winds and rainfall was "not in the public interest". In anticipation of the storm CVT ordered a halt to non-essential voluntary trade on Thursday and the Voluntary Trade Alert System raised the national threat condition to Code Purple. ::: posted by Nicholas Provenzo
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Wednesday, September 17, 2003 ::: Rights and Reason: Where Cosmetology and Real Estate Converge Virginia Postrel blogs the story of a self-employed Texas beautician who, despite having the required state cosmetology license, is facing the government�s wrath over a supplemental licensing requirement: Little did she know that the state requires an "independent contractor's license," which entails no additional qualifications, merely a $65 fee. This license is, as far as I can tell, purely a shakedown. You pay your money and give them your address. The license has nothing to do with either professional qualifications (that's the cosmetology license) or tax payments (that's another state department). But those $65 fees add up. And if you don't have the independent contractor's license, you get socked with a $500 fine--precious working capital Denise had planned to use for supplies. (Her landlord got hit with a $1,000 fine for each contractor who lacked the required license.) She is not a happy entrepreneur.Licensing regulations exist under the state�s general �police� powers to protect the public�s health and safety. State legislatures, however, see few practical limits to police power, and state courts are reluctant to get in the way even when a requirement is clearly unconstitutional or unlinked to any rational health and safety justification. A case I�m working on right now raises issues similar to the example cited by Postrel. In New York State, it is against the law for individuals to sell apartment rental listings without a special �apartment information vendor� (AIV) license, which is separate from a general real estate broker�s license. The AIV law was passed in the late 1970s to combat potential fraud in the rental market; for example, individuals might sell repackaged newspaper rental listings as original compilations. The AIV law places substantial burdens on legitimate businesses, however, such as mandatory refunds on request and a ban on advertising specific properties. In 1992, LaLa Wang started MLX.com, an online multiple listing service (or MLS) for customers looking to rent apartments. In most markets, real estate brokers form an MLS to combine their individual listings into a single, shared database. The traditional MLS concentrates resources in the hands of the brokers. New York City, however, is one of the few major markets to lack an MLS (in part because New York�s notorious rent control laws create an artificial supply shortage that make high-commission rentals too valuable a commodity for brokers to share with one another). Wang�s service changed all that. Not only did MLX create a de facto MLS, it did so in a more open platform than a traditional service: Customers could directly access the MLX database via a password protected account. New York officials, and their political allies in the traditional real estate industry, used the AIV law to try and shut Wang down. They claimed that Wang needs an AIV to operate her service. But the Internet-based MLX service is merely a forum to exchange rental listings, not the type of self-contained lists that were the intended target of the AIV law. Wang�s service is no different than a newspaper that runs apartment listings, yet New York officials acknowledge newspapers do not need an AIV license to operate. Furthermore, the AIV law�s requirements make it nearly impossible for an Internet-based listing service to succeed. For example, the law requires brokers to refund all but $15 to a customer on demand, with or without reason. MLX charges about $249 for access to its database, meaning all but $15 would have to be refunded to a customer who searched the listings and didn�t find what they were looking for. Few businesses have a legal obligation to refund a fee after the service was used in full. Far from protecting consumers, the AIV law serves as a practical barrier to entry, especially for newer technology-based services that look to compete with established real estate brokers, or even protected forums like newspapers. When Wang refused to get an AIV on grounds that it would either make MLX�s business illegal or unprofitable, the New York secretary of state revoked her regular real estate broker�s license. It did so on the sole ground that she was �untrustworthy� to hold a broker�s license--the refusal to obtain an AIV license itself being �untrustworthy� behavior. Wang appealed the secretary�s decision to the New York courts, which turned a blind eye to her challenge. Wang is now considering a final appeal to the United States Supreme Court on federal constitutional grounds. The most obvious constitutional defect with New York�s regime is the trampling of free speech rights. If Wang wants to offer a forum to exchange information, the state has no right to restrict or restrain such efforts under the First Amendment. There is no allegation of fraud or misrepresentation against Wang--only her failure to comply with an irrational licensing regime that arguably doesn�t apply to her business model in the first place. The state affords Wang a lesser degree of First Amendment protection based on the forum she chooses to operate; remember, if Wang started publishing a newspaper that contained the same type of listings she provides now, the state would not require the AIV license. Like the recently settled Nike case, Wang�s battle with New York is a question of so-called �commercial speech� rights. The state is regulating speech based on economic motive. The First Amendment does not permit this, but most courts simply look the other way. The Supreme Court itself articulated a needlessly complex �commercial speech doctrine� to review regulations like New York�s, and even under that test, the AIV law has unjustly restricted Wang�s rights, not to mention her economic livelihood. As Virginia Postrel notes, state regulatory abuse is so routine now that it doesn�t rise to the level of a political cause. But folks like Wang, who are battling the system despite the odds, show us that there may yet be a crusade to be waged (and won) against the ever-expanding abuse of �police� powers over the economic rights of Americans. ::: posted by Skip Oliva
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History: Vote for your favorite Document US News and Word Report is offering a poll for readers on which documents do they think were the most influential in American history. ::: posted by Nicholas Provenzo
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Rights and Reason: Masters of the blatantly obvious In an unsigned op-ed that says that even if Yasser Arafat lives, the �idea of him� must die, the Wall Street Journal observed that even the Nobel Foundation website (Arafat was awarded the Nobel peace prize in 1994) says that Arafat is a dictator. This agreement included provision for the Palestinian elections which took place in early 1996, and Arafat was elected President of the Palestine Authority. Like other Arab regimes in the area, however, Arafat's governing style tended to be more dictatorial than democratic. When the right-wing government of Benjamin Netanyahu came to power in Israel in 1996, the peace process slowed down considerably. Much depends upon the nature of the new Israeli government, which will result from the elections to be held in 1999.So according to even the Nobel Foundation, Arafat is more dictator than democrat, but it was right-winger Benjamin Netanyahu that slowed down the peace process. No mention of Arafat�s broken promises and connection to terrorism prompting Israel�s right-wing reaction. I agree with the WSJ. The idea of Yasser Arafat must die. ::: posted by Nicholas Provenzo
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Rights and Reason: Seattle Voters Nix 10-Cent Espresso Tax Rebecca Cook of the AP reports Seattle's proposed excise tax on espresso fell flat in the voting booth yesterday: After voters in this caffeine capital rejected a proposed 10-cent tax on espresso drinks, cafe owners celebrated with beer, wine and � what else? � lattes.No it's not. Excise taxes are one of the most vicious taxes levied--they are a tax that target users of a specific item, rather then a broadly based tax on all consumption. Burbank's egalitarian premise was plain--people who have money for luxury items should be made to pay for "the kids." It's refreshing that even in Seattle, hardly a bastion of capitalist thought, capitalism won out the day. Bravo! ::: posted by Nicholas Provenzo
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Tuesday, September 16, 2003 ::: Antitrust News: Briefs Filed in Postal Service Case Yesterday Flamingo Industries, which sued the U.S. Postal Service for antitrust violations, filed a brief in support of its right to bring its case with the U.S. Supreme Court. The U.S. Court of Appeals for the Ninth Circuit previously held the Postal Service is a "person" that can be sued under the Sherman Act. Solicitor General Ted Olson, representing the Postal Service, appealed that ruling to the Supreme Court. Oral arguments will be held later this year. ::: posted by Skip Oliva
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Capitalism and the Law: Hypocrisy Watch Neil Strauss and Bernard Chang of the New York Times don't like the RIAA's enforcement of its IP rights. Yet oddly enough, the New York Times copyrights their work (see the lower right below their cartoon). ::: posted by Nicholas Provenzo
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Antitrust News: Microsoft puts antitrust behind it Townsend and Townsend and Crew LLP issued the following press release: --Tomorrow millions of California consumers and businesses will begin receiving forms allowing them to claim up to $1.1 billion in benefits from the settlement of an antitrust class action lawsuit against Microsoft Corporation. Over 10 million forms will be mailed during the next 60 days. Claim forms may also be obtained immediately online at www.microsoftcalsettlement.com or by calling 1-800-203-9995.It would be interesting to know what the total cost of Microsoft's decision not to publicly target the antitrust laws themselves as unfair and unjust when it first found itself under antitrust attack. Microsoft created and owns its "word processing, spreadsheet and office productivity suite software." It can charge any price its wants to consumers, or choose not to sell at all. Yet not once did Microsoft make this key point to the public. Not once did Microsoft itself challenge the premise of antitrust. I encourage our California supporters to get their forms and get thier money from Microsoft. Why shouldn't they? Microsoft itself has sanctioned this $1.1 billion payout. ::: posted by Nicholas Provenzo
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The War: Iraq Police Chief Dies in Roadside Ambush The AP reports on another attack against Iraqi law & order: The police chief in the dangerous "Sunni Triangle" town of Khaldiya was killed in a roadside ambush as he was returning to his home in Fallujah, scene of rising criminal violence and guerrilla resistance to the American occupation of Iraq. . .The right answer would have been to say that proper policing of the community serves everyone. But why are thieves getting more sympathy in Iraq then US supported policemen? The primary US focus in Iraq must be on creating institutions able to restore law and order, yet I hear a lot more about Iraqi rebuilding infrastructure then I do about rebuilding law and order. ::: posted by Nicholas Provenzo
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Capitalism and the Law: Insurers Sue Over 9/11 Attacks Law.com reports on a recent suit brought by five major insurance companies who have sued Osama bin Laden, al-Qaida, dozens of other terrorist organizations and five Middle Eastern countries, seeking $300 billion in connection with claims paid out to victims of the 9/11 attacks. Lawyers from Cozen O'Connor filed the suit on Wednesday in the U.S. District Court for the Southern District of New York but eventually hope to consolidate it with separate suits filed in New York and Washington directly by the families of 9/11 victims, Cozen partner Elliott Feldman said. . .Antitrust? You have got to be kidding me. Then again, one wonders what the world would look like if the DOJ went after al-Qaida as hard as it went after Microsoft. ::: posted by Nicholas Provenzo
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Monday, September 15, 2003 ::: Rights and Reason: A terrorist's nine lives Reuters reports on the half-hearted war against terrorism, reporting that Israel has backed down to a threat to kill Yasser Arafat: Foreign Minister Silvan Shalom Monday dismissed comments by a cabinet minister that Israel could kill Palestinian President Yasser Arafat, but the remarks served to increase international pressure for caution.I'll repeat John Bragg's question from yesterday: Why is Arafat still alive? Would the Colin Powell accept as legitimate concerns that the death of Osama bin Laden at US hands would spread "rage throughout the Arab world"? And rather worry about Arab rage, why doesn�t Powell worry about increased Arab intransigence that comes from knowing that the US does not have the stomach to let Israel fight its war against terror? UPDATE: Colin Powell is not the only American voice condemning Israel for its assassination talk. Former President [Jimmy] Carter on Monday criticized Israeli threats to kill Yasser Arafat saying they send "a wave of increasing animosity not only through the Palestinians but the entire world."If Arafat can not control Hamas, what is he worth? What is the value of a leader who can not control huge terror cells within his own borders? ::: posted by Nicholas Provenzo
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Capitalism and the Law: Businessman Pits Principle Against Politics Today at Initium Skip Oliva tells the story of Moshe Tal, a businessman who is taking on Oklahoma City's "economic development" scheme--a scheme that confiscates private wealth through taxation, then redistributes that wealth to businesses favored by local politicians. ::: posted by Nicholas Provenzo
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Sunday, September 14, 2003 ::: Foreign Policy: WTO Talks Fail Poor countries walked out of the Cancun trade talks demanding that America and Europe open their agriculture markets and reduce subsidies. ::: posted by John Bragg
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Foreign Policy: Why is Arafat still alive? ::: posted by John Bragg
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Reuters reports that Iran is threatening to withdraw from the Nuclear Nonproliferation Treaty. But Anoush Ehtesami, professor of international relations at Britain's University of Durham, said some in Iran's military wanted to quit the NPT and follow Pakistan and India's example. Which is why we need to preempt and blow up Iran's nuclear facilities. We must do whatever is necessary to prevent nuclear weapons from being in the hands of Islamist fanatics. ::: posted by John Bragg
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