It’s Easier To Pretend Our Economic System Works And Just Blow Endless Asset Bubbles

It’s Easier To Pretend Our Economic System Works And Just Blow Endless Asset Bubbles

Tyler Durden

Fri, 07/17/2020 – 09:25

Authored by Michael Every of Rabobank

Yesterday saw the US comprehensively beat China. Not in any sporting sense, and certainly not in any dimension of the current Cold War: and for those who still like to think the latter isn’t happening, just listen to what US Attorney General Barr said yesterday. He attacked China for “economic blitzkrieg – an aggressive, orchestrated, whole-of-government (indeed, whole-of-society) campaign to seize the commanding heights of the global economy and to surpass the United States as the world’s pre-eminent superpower.” He also called out Hollywood and US firms for kowtowing to Beijing, alleging corporate officials “display hammer-and-sickle insignia at their desks and attend party lectures during business hours,” before concluding “If Disney and other American corporations continue to bow to Beijing, they risk undermining both their own future competitiveness and prosperity, as well as the classical liberal order that has allowed them to thrive.”

So just where did the US win? In the field that matters most to markets, in fact the only thing that matters to markets – spending. While Chinese retail sales for June fell 1.8% y/y, US retail sales leaped 7.5% m/m vs. 5.0% expected. Yes, it’s apples and oranges, and the US are still down marginally y/y, but considering the States are at least a quarter behind China in the recovery process, it’s a genuinely dynamic retail rebound. USA! USA! USA!

So what is driving this latest round of the US consumer miracle? The $600 a week in special virus-related unemployment benefits. In many instances this is worth more than people’s pre-crisis salary.

The problem here is that these benefits run out at the end of July, and there is as yet no sign whatsoever that they will be extended. Indeed, key Republicans are making noises that doing so would be dangerous. Certainly, it would be in a laissez-faire sense. Then again, in the face of a war against a virus, so is laissez-faire – which is why nobody ever adopts it during wartime. Indeed, the larger message here is desperately simple, and perhaps just desperate.

We seem to think we live in an ‘economic puzzle’: Central banks have failed to hit their inflation targets, and keep introducing more and more distorting measures that also don’t work; governments are spending vastly more only because of the virus, but clearly through gritted teeth, and with the threat of new austerity as soon as possible; and market experts either bewail that nothing works, or call for more to be done, and preferably before Western society falls apart. Yet the US retail data show that if you want a strong, domestic-led upturn all you need to do is put more money in the pockets of poorer people – and they will spend most of it ASAP.

Imagine if the low-income workers to whom a $600 a week income was a major pay rise had actually got that pay rise endogenously, or if government benefits in kind, like health or childcare, provided the same real income lift. Imagine how strong the US –or any—economic recovery would be. (Once we can all shop safely, of course.)

Naturally, this isn’t going to happen. Not in the US, and not anywhere else. Why? Because, as has been pointed out here for many years, once you begin there –with what works— and work backwards, you have to unravel too many ‘untouchable’ threads:

  • You can’t raise pay because of cheaper import competition? So impose tariffs.
  • You can’t raise pay because of weak labor power? Make the government tip the balance away from capital and back towards labor.
  • You can’t raise pay because then inflation will go up and we have too much debt to service? So use financial repression and impose negative real income on investors for once, not on workers.

So looking at that, isn’t it easier to pretend our economic system works and just blow an endless stream of asset bubbles that repeat like the worst kind of Hollywood movie series (The Fast and the Furious Markets)? If so, one would expect to see rates lower forever as a result: and guess what – the US 30-year mortgage is below 3% for the first time ever. If only more people had the money to buy them. Not that this is solely a US issue. China can more than match it in a head-to-head over property obsession – but is again slipping when it comes to a smooth equity bull run: it’s always too much too soon and then a very nasty hangover in that asset space, it seems.

Back to the Cold War, however, because we can’t avoid it even if we wanted to. Mr Barr needs to understand that all markets, even for movies, are about spending. That is why Hollywood aims at a Chinese, not just US, audience, with all the consequent self-censorship and/or altering of posters. If the US Attorney General wants to see different US movies made then the framework in which movie money can be made must change – otherwise things won’t. (An argument being in a parallel manner by various social justice movements, of course.) If US audiences had the cash to see movies more often (or at all, given the virus), that might help swing things.

Or, looking outside Hollywood, if one can’t add money on one side of the balance sheet, perhaps one needs to subtract it on the other: that is happening in trade and tech already via tariffs and bans, first on Huawei and ZTE, and now possibly the Chinese app TikTok. Yet are we really going to see a law banning US cultural exports to certain markets? (“No Star Wars for you”?) That seems a stretch!

Meanwhile, the Cold War is still mainly a US, or ‘Five Eyes’, phenomenon. By contrast, Germany’s highest level officials continue to talk about “Wandel durch Handel” (“Change through trade”) when it comes to China. Which is convenient when you are a massive mercantilist net exporter who also does not want to pay poorer people more but wants to sell the excess production you consequently end up with. The US, for its part, is asking Germany, like Hollywood, which way that change through trade flows – and does not like what it sees in either. And “No Star Wars for you” has much more of a real-life connotation for Europe under a US defence umbrella.

But that’s a tale for the sequel, not this episode.

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Canada’s First ‘Mask Murder’? Ontario Police Kill 73-Year-Old Man After He Refused To Comply With Local Mandate

Canada’s First ‘Mask Murder’? Ontario Police Kill 73-Year-Old Man After He Refused To Comply With Local Mandate

Tyler Durden

Fri, 07/17/2020 – 09:05

Is this Canada’s first “mask murder”?

Those who keep up with coronavirus-related news in the US probably remember an incident that transpired a few months ago where a security guard at a Family Dollar store in Michigan was shot and killed after asking a customer to put on a mask. But a similar incident that occurred more than a month later, where police shot and killed a man after he refused to wear his mask, got much less attention outside of the local press.

Well, this week, Canada one of its first samples of mask-related violence when police shot and killed a man in Ontario after he refused to put on a mask.

According to the CBC, Ontario’s police watchdog unit is investigating an incident where two officers shot and killed a 73-year-old man in Haliburton County on Wednesday morning. Right before the killing, the man had refused to wear a mask and allegedly assaulted a grocery store employee before driving off, according to a statement from the Ontario police that leaves out most of the details about how the shooting transpired.

Initially, police were called to a Valu-Mart in Minden, Ontario, just after 8am local time, according to OPP Sgt. Jason Folz, who spoke with the CBC.

When the suspect left the scene after officers arrived, police refrained from trying to stop him after he drove off “in the interest of public safety”. Instead, they took down his license plate, and showed up at his house later.

Two officers later visited the man at his home in Minden on Indian Point Road, the SIU said.

Outside the home, an unspecified “interaction” ensued, and two police officers fired their guns at the man. The Ontario Police SIU (the unit that handles press) said that after the shooting, the officers called in “additional resources”, which were brought to the area near Eagle Lake, by the village of Haliburton.

The shooting victim was taken to a nearby hospital, where he was pronounced dead a couple of hours later. Officers recovered a pistol and a semi-automatic rifle from the scene, but it’s not clear whether the man had brandished them at the police, or whether he was unarmed during the encounter.

As of Friday, investigators have thoroughly searched the scene, and an autopsy report is expected (though the findings aren’t really in doubt).

But if the man attacked the officers first, why didn’t they just say that?

While the authorities were – for whatever reason – reluctant to share a complete account of the incident with the press (presumably, their story will be routed through legal before being dished out to trusted reporters), a woman who works at the Valu-Mart spoke with the CBC, and apparently filled them in.

Tianna Frances, a worker at the Valu-Mart in Minden, said she arrived for her shift at the grocery store shortly after the incident. When she arrived, all her coworkers, and even the customers, were talking about what had just occurred.

“When I got here everyone was talking about it,” Frances said. “My coworkers were a little bit shaken up, yes.”

Frances was told that the man didn’t want to wear a mask and she and other employees had to explain politely to other customers that an incident had happened earlier when they asked why the police were there.

“I guess he just got angry and didn’t want to. We couldn’t really deal with that ourselves because it’s really against the rules. So we had to call the police and everything,” Frances said.

Frances added that workers at her store shouldn’t have to enforce the mandatory mask policy issued by the local health district. It adds too much responsibility to jobs where workers are already stretched pretty thin. The policy only just took effect this week.

“It’s causing chaos,” she said. “If we didn’t have to force him and … tell him that he couldn’t come into the store, nothing would have happened, really. He would have got his groceries and went along with his day.”

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Seattle City Council Member Suggests Firing White Officers In Massive Reduction Of Police Department

Seattle City Council Member Suggests Firing White Officers In Massive Reduction Of Police Department

Tyler Durden

Fri, 07/17/2020 – 08:45

Authored by Jonathan Turley,

The Seattle City Council is facing something of a dilemma in its popular pledge of the Seattle City Council to cut the police budget by 50 percent. To do so would require firing a significant number of police officers, which is also popular. The problem is that the firing would be done by seniority and many of the less senior officers are black. 

The solution according to City Council member Lisa Herbold is simple: fire officers based on their race.  

While that would be the definition of racial discrimination, Herbold clearly believes that it is discrimination for a good cause. The federal courts are likely to disagree.  Most notably, Herbold’s call for racial discrimination against white officers would seek to undue the work of Justice Thurgood Marshall who insisted that racial discrimination unlawful and evil regardless of the race you want to disenfranchise or discriminate against.

Seattle Police Chief Carmen Best released a video calling the plan of Herbold and others “completely reckless.” She also sent a letter to Mayor Jenny Durkan warning that dramatic cuts would require the layoff of hundreds of officers. The Police Department also warned that the firings would include many minority officers.

It was only the last risk that concerned Herbold who promptly suggested discriminating on the basis of race:

Herbold insists that this would be perfectly legal despite the prohibitions under Title VII of the Civil Rights Act of 1964.

The EEOC amplifies this point on its website: “It is unlawful to discriminate against any employee or applicant for employment because of race or color in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment.”

In taking this position, Herbold is opposing one of the best known opinions by Thurgood Marshall. In McDonald v. Santa Fe Trail Transportation Co. (1976), Justice Thurgood Marshall wrote opinions that called for the broad interpretation of Title VII to protect everyone. In McDonald, two white employees were fired after a theft in the business.  The two white employees were held jointly and severally liable with a black employee. However, only the white employees were fired.  After they sued under Title VII, Marshall wrote for the majority in denouncing such discrimination against white employees, insisted that “racial discrimination in private employment against whites [must be] on the same terms as racial discrimination against nonwhites.”  He denounced “the illogic in retaining guilty employees of one color while discharging those of another color.”

This of course would be even more egregious since Herbold wants to fire white officers due to their race alone.  They would not be accused of any wrongdoing or failure.  The problem is their race.

It is notable that is not an action that is part of or in furtherance of a valid affirmative action plans ordered by a court or approved by a federal agency. See United Steelworkers of America v. Weber (1979) and Johnson v. Transportation Agency (1987). In Ricci v. DeStefano (2009), the Supreme Court ruled against the city of New Haven after a group of white firefighters and a hispanic firefighter challenged the refusal to certify the results of promotion exams in order to promote black firefighters who performed less well.  The Court held that the City’s refusal to certify the test was unlawful discrimination under Title VII. If found that “race-based action like the City’s in this case is impermissible under Title VII unless the employer can demonstrate a strong basis in evidence that, had it not taken the action, it would have been liable under the disparate-impact statute.”

Herbold would not only refuse to promote on the basis of race but would fire officers on that basis.  No test. Just a pure racially discriminatory program of terminations.  Parents Involved in Community Schools v. Seattle School District No. 1 (2007), Chief Justice John Roberts once declared “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”  That is clearly not the plan of Herbold and any of her colleagues who want to fire officers based on their race.

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Housing Starts/Permits Disappoint Amid Tumbling Demand For City-Living

Housing Starts/Permits Disappoint Amid Tumbling Demand For City-Living

Tyler Durden

Fri, 07/17/2020 – 08:37

After May’s big rebound in both starts and permits, June was expected to show further ‘recovery’ in the US housing market (with starts surging far more than permits) as mortgage rates plunged to record lows.

And while both Housing Starts (+17.3% MoM) and Building Permits (+2.1% MoM), rose notably, they both missed expectations by a mile (+22.2% and +6.3% respectively), though revisions impacted that spread notably.

Source: Bloomberg

The “V”-shaped recovery is already stalling out…

Source: Bloomberg

One of the big drivers of this disappointment was the clear evidence of an exodus from city-living or rentals – Single-Family Home permits were up 11.8%, Multi-family permits down 14.0%…

On the Housing starts side (less forward-looking than permits), single-family units rose 17.2% and multi-family rose 18.6%…

…as the northeast exploded 111.8% from 49K SAAR to 105K (with Single-family starts in the northeast jumping the most since 1990!)…

And Starts remain lower year-over-year…

And all this as homebuilder sentiment surges back towards record highs.

via ZeroHedge News https://ift.tt/3eBoYjx Tyler Durden

The Invisible Dystopia

godard

“Our mass culture is driven by screened entertainment,” the science fiction novelist Neal Stephenson told The Wall Street Journal last week, “so there’s a tendency to tell stories in a way that looks good on screens. I think there is an overreliance on dystopia that is fundamentally driven by art direction and production design.”

The result, Stephenson argued, is that we’ve

gotten used to a particular way of thinking about dystopia—and that’s not what we’ve got, right? We’ve ended up with something that is very non-cinematic. With few exceptions, anywhere in the world affected by Covid-19, you can go out and walk down the street, drive around, look at stuff. And aside from the fact that there aren’t as many people out and a lot of people are wearing masks, nothing looks different. There are no collapsed buildings or crashed trains or any of the other visual markers that you would see in a movie to tell you that a disaster has happened here.

Is it possible to make a cinematic take on a non-cinematic disaster? I can think of one movie that tried: The New World, Jean-Luc Godard’s 20-minute contribution to the otherwise forgettable 1963 anthology film Ro.Go.Pa.G.

I’m not a huge Godard fan, but I like some of his ’60s movies, and this short is probably the best of those. It imagines a post-apocalyptic Paris that looks almost exactly like the pre-apocalyptic city; the differences are in how people behave. The results are eerie and odd, playing like a subtly surreal episode of The Twilight Zone. Here’s the first half…

…and here’s the rest:

(For past editions of the Friday A/V Club, go here. For another installment with a French New Wave connection, go here.)

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Caution for Law Professors Who Plan To Generate Their Own Content

In March, schools around the globe went online in a manner of days. Professors, who had never used distance learning, were suddenly forced to take a crash-course in Zoom and other similar tools. Students, for the most part, were understanding. But I think everyone would agree that the pedagogy from the Spring 2020 semester was not ideal.

The Fall 2020 semester will better. Professors will have now had a full semester of Zooming under their belts. And, they can spend the summer adapting their classes to an online environment–either synchronous or asynchronous. Some professors may decide to generate their own content.

I define the word content very broadly. That word can refer to videos, where the professor is on the screen. It can refer to “narrated” powerpoints, where the professor narrates slides. It can refer to a recorded podcast, where there is only audio, and the professor is speaking. In my mind,”content” refers to anything more than the printed word: either spoken audio or recorded video.

Professors should be very cautious before developing their own content. And I offer this advice after having spent nearly two years and $100,000 on developing my own content for constitutional law. Developing high-quality content is difficult, time-consuming, and expensive. No content may be better for students than weak content. And professors would better spend their time preparing assessments (both summative and formative), and scheduling one-on-one visits with students, than generating content.

Let me explain. The central element of being a professor is writing. That is what we do. We can write articles. We can prepare powerpoint slides (a form of writing). We can compile examinations. The other central element of being a professors is speaking. We present papers. We lecture. We engage in Socratic dialogues. We engage in respectful, pithy discourse during faculty meetings. (Or at least we should). And so on.

Generating content is completely divorced from how professors usually write and speak. It is not enough to write a script and read it aloud, the same way you would read from lecture notes. You have to generate a script that is geared towards the format of a student listening to a podcast or watching a video. Here are two useful tips.

First, sentences must be short. Long, winding sentences with different clauses may work well enough in print. (I avoid, at all costs, long sentences.) Readers can jump around a long sentence if they get lost. But when you are listening to a recording, you are not going to rewind if you lose your place. Short sentences give the brain a chance to process a thought before you move on. For audible content, periods are your friends. Semicolons are your enemies. (How many of you would have put a semicolon after friends? You see!). And never use an em-dash. That punctuation cannot be readily converted to the spoken word. Use a period and move on.

Second, place subjects at the beginning of sentences. Legal prose often buries subjects at the end of a sentence. You may read 20 words before you figure out what the sentence is about. That approach doesn’t work for recording. Let the reader know up front why she is reading the sentence.

So far, I have only offered tips about style. The substance is even harder. Students crave simplicity. The law is not simple. Often, when you distill a complicated concept into a few sentences for a podcast, you leave stuff out. And you know it. When you start to prepare your own content, you will agonize about what to leave in, and what to omit. The process becomes so painful. Writing a script for a podcast is different than creating a powerpoint. You cannot simply read long blocks of text, as you would include a blockquote on a slide. People will tune out. Striking the right balance is very, very difficult.

These tips concern the preparation of the script. But there is an even bigger challenge: delivering it. Most people do not know how they sound when they speak. It is very difficult to listen to a recording of yourself. I do so all the time to help improve my diction. Indeed, I took classes for nearly a year to help slow down my New York pace. I would routinely rewatch my classes, radio interviews, and TV hits. It wasn’t easy. I’ve gotten better, but I occasionally revert back to old habits.

When you speak in a live class, and stumble or slur words, students are forgiving. But when students hear hard-to-understand speech on a recording, the reaction is different. They may ask, “Why didn’t the professor record another take?” Of course, you may have recorded a dozen takes, and that was your best one. But the students will never know it. The margin of error for recordings is so much lower than for live speech. Plus, static and other clicks become very noticeable on most microphones. Editing bad parts out of audio often makes the problem worse.

So far, I have only discussed the spoken word. Recording video is much, much more difficult. Here, I repeat several of the lessons I offered about recording zoom (See here and here). Professors, in general, have poor eye contact. In a large class, it is not a big deal. But with a camera, poor eye contact can create a huge disconnect. You need to maintain direct eye contact with the lens. If you start to move your eyes around, it looks shifty. Keep in mind if you are reading from notes, you will constantly have to move your head up and down. The ideal solution is a teleprompter that goes over or behind the camera. But most professors do not have that setup. And reading from a teleprompter is harder than it looks.

You may need to record several takes before you get the video right. It is tough to stop mid-sentence. You may have to start at the beginning of a paragraph to avoid an awkward break. For example, when Randy and I were in studio, it would take about an hour to record enough content for a five-minute video. We did two full takes from start to finish, and then recorded individual sentences over and over again. And, it is tough to monitor your own speech. When Randy was behind camera, I carefully monitored his speech. If I heard any glitches, I would ask him to start again. And he did the same when I was behind camera. If you decide to generate your own content, you should have someone in the room to raise their hand if there any glitches.

Finally, editing video content is tough. I would not suggest you learn how to use Adobe Premier, or any similar tool. Those products have steep learning curves. I spent several years editing video before law school, and I still don’t feel qualified to make my own content. There are some online tools that let you mix together videos. But precise editing is hard.

The hardest part of creating a video is to develop engaging visuals. It is very, very boring to watch a static shot of a professor at a podium for any length of time. Likewise, I find narrated powerpoints to be soporific. I know professors use both of these approaches. They may be effective in a pinch. But in my mind they add little value. Students would be better reading a script in their head than trying to follow along as a professor reads a script. There is no intrinsic value to have audio or video. Students can use a narrator feature, just as effectively. Most smartphones and devices have this feature.

When Randy and I developed the script for our videos, we used a rule of thumb: the visual had to change every 8 to 10 seconds. In other words, we would not show the same visual for more than 10 seconds. We would cut to a photo, a video, text on the screen, or a different camera angle. Indeed, while writing the scripts, I would deliberately write sentences or clauses that matched up with specific graphical cuts. That process was immensely difficult. But it created engaging and entertaining videos that keep the viewer hooked. It is not possible to develop this sort of content alone over the summer. I am very cautious if professors attempt to go it alone.

***

So far I have offered only caution. What should professors do? Do what you do best. Focus on written material. Distribute written summaries that students can read. Write sample questions and model answers. Give frequent assessments. And go over those assessments. Schedule one-on-one sessions with students. Provide a benefit that cannot be given over Zoom or other asynchronous measures.

Professors have limited time. Generating content is not a prudent use of that time.

Next week I will share some modules for constitutional law classes.

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Want To Reform Policing? Bust Police Unions.

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My Dad and I never agreed on politics given that he was unabashedly liberal in his views. He was a public-school teacher in New Jersey, so one would have expected that, as a proud Democrat, he would have been a champion of one of the Democratic Party’s most-powerful allies: the teachers’ unions. Instead, he refused to join. His rationale was simple: Those unions always protect bad teachers, which harms students.

That point seems obvious. Once I was a guest on John Stossel’s TV show, where he had the audience howling with laughter as he unveiled an unbelievably long and convoluted chart showing the New York City public schools’ process for firing a bad teacher. Los Angeles Unified School District has “rubber rooms,” where teachers who are deemed unfit for the classroom twiddle their thumbs and collect full pay as their cases wind through the adjudication process.

Read the Vergara decision. Even though higher courts overturned it, the eye-opening Los Angeles ruling documented the way the state’s union-backed system of teacher protections keep “grossly ineffective teachers” in the classroom, thus robbing many students of a quality education. Yet my liberal friends, who express concern about the plight of poor kids, think we can somehow improve public education without tackling the largest impediment to reform.

Meanwhile, most of my conservative friends understand the teacher union problem and complain about it all the time. When it comes to police reforms, however, they are as thickskulled as the liberals. They rarely acknowledge that the same dynamic is at work with police unions, which keep the most dangerous officers on the force.

There are many reasons for our current policing problems, ranging from drug-war-induced militarization to an insular culture, to the legal immunity the U.S. Supreme Court provided to cops and other government workers. But it’s impossible to reform police departments until lawmakers take on the police unions. Unlike with teachers’ unions, however, police unions are more adept at buying politicians on both sides of the aisle.

California state law provides law enforcement officials with the Peace Officers’ Bill of Rights, which offers the equivalent of what Stossel described with teachers: a list of special protections that shield officers from accountability. Note that the Minneapolis officer at the center of the controversy over George Floyd’s death reportedly had 18 prior complaints filed against him.

Then a decades-old California law requires local governments to meet-and-confer with unions. Those agreements provide officers with additional procedural protections. These include strict time limits on launching investigations and paid leave while their cases are under review. Often, the agreements require the agency to give officers the names of witnesses, making it unlikely that a fellow officer will testify against a misbehaving colleague.

It’s easy to see how the current system frustrates accountability. In one instance, even the district attorney accused some deputies of standing by a “code of silence” after the DA’s failed case against an officer who was accused of using excessive force against a suspect in his custody. I’ve watched it take years to incarcerate a police officer who was accused of sexual assaults—thanks in part to outsized union protections that leave the public remarkably vulnerable.

A 2019 study from the researchers at the University of Chicago analyzed violent police incidents following a 2003 Florida Supreme Court decision that granted sheriffs’ deputies the right to organize. This sophisticated analysis compares agencies with newly granted collective-bargaining rights with other police agencies that already had such rights. “(T)he right to bargain collectively led to about a 40-percent increase in violent incidents,” the report concludes.

Those numbers should not be shocking. Consider a parallel. Any police officer or prosecutor will tell you that Proposition 47, which decriminalized many lower-level crimes, led to a spike in drug and property crimes after criminals realized they could evade punishment for committing them. If you exempt people from any punishment for misbehavior, you’ll get more misbehavior. That also applies to government employees, such as police and teachers.

Some conservatives have argued that it’s unfair to compare teachers’ unions to police unions because policing is a more-dangerous profession than teaching. That’s true, but there’s a flip side to that argument. “They’re teachers’ unions, but with tanks and endless get-out-of-jail-free cards,” wrote Lyman Stone in The Public Discourse.

In other words, police do have a more dangerous job—but their mistakes and abuses have a more devastating impact on the public. Stone looked closely at the data and found that police violence has increased as a proportion of U.S. deaths even as crime rates have plummeted.

As policy makers consider ways to reduce some of these shocking use-of-force incidents, they need to evaluate the role of unions in protecting overly aggressive officers. More of us need to follow the lead of my Dad and put aside our political biases as we look for policing solutions.

This column was first published in the Orange County Register.

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Leaving tire marks on the road is now a hate crime

Are you ready for this week’s absurdity? Here’s our Friday roll-up of the most ridiculous stories from around the world that are threats to your liberty, risks to your prosperity… and on occasion, inspiring poetic justice.

Jail time in Colorado town for not wearing a mask

Englewood, Colorado, a major suburb of Denver, has made it a crime to leave your home without wearing a mask.

And ‘crime’ means crime. They’re not talking about a fine or slap on the wrist.

Anyone over six years old must wear a mask at all times, anywhere in public or in private businesses. And the punishment for breaking the law is up to a year in jail.

By comparison, Colorado sentencing guidelines provide similar penalties for felonies like illegal weapons possession, forgery, theft, and failing to register as a sex offender.

For authoritarians, any silly little law they can think of comes with a year in prison.

It’s like an automatic stamp, new law, BOOM– year in prison.

Just your weekly reminder that there is no crime so trivial that the government won’t throw you in a cage over.

Click here to read the full story.

Leaving tire marks on the road is now a hate crime

Canadian police are searching for a suspect in a Ford Mustang accused of a “gesture of hate.”

The car peeled out and left tire marks on a crosswalk.

But this wasn’t just any crosswalk. This was a gay pride rainbow crosswalk.

So now police are asking for information to locate the perp of this heinous crime.

Was this actually motivated by hate? Who knows!?

Maybe the guy just peeled out. Maybe it was a teenager who saw a freshly painted target on the street, and wanted to tarnish it.

Immature? Sure. A gesture of hate? We don’t know.

The point is, the media and public now have this knee-jerk reaction to anything that involves a special victim group.

It MUST be motivated by HATE! There can be no other explanation.

Click here to read the full story.

UK will fine parents for kids missing school next semester

The UK will force students back to school in the fall. And if parents are uncomfortable with that, too bad.

The Education Secretary said parents will be fined for keeping their children home from school.

Parents will not be allowed to take their own child’s health and safety into account and make the decision for themselves. The state will decide.

It is legal, however, to entirely homeschool your child in the UK, just like in the states.

And that is a freedom that feels more important every day.

Click here to read the full story.

Cops track fast food order to bust party violating lockdown

Ambulance workers eating at a KFC in Australia somehow caught wind of a large order coming in to the fast food establishment.

So naturally, instead of minding their own business, they called the police. That’s what you do in the time of Covid– snitch on your neighbors.

Police followed the delivery driver to the home that ordered the large amount of fried chicken. And sure enough, some horrible criminals were having a birthday party.

But don’t worry, the Australian police issued a total of A$26,000 (over $18,000 US) worth of fines to the partiers.

That will teach them to cower in fear at home instead of living their lives.

Covid-19 is all the excuse authorities need to go full-on police state.

Click here to read the full story.

Writer canceled for signing letter against cancel culture

Harper’s Weekly published an open letter warning against “cancel culture.”

It pointed out that the fear of saying the wrong thing at work or online is stifling free speech, killing open discussion, and chilling the exchange of ideas.

And this wasn’t some right-wing group. The letter was signed by the likes of Noam Chomsky, Margaret Atwood, and Gloria Steinem– all famous leftists.

A liberal writer from Vox, Matt Yglasias, assumed he was in good company when he also signed the letter.

But the letter was also signed by “anti-trans” people like the feminist author of Harry Potter, JK Rowling.

So a trans person, Emily VanDerWerff, who also works for Vox decided to report Matt for signing the letter. Emily also posted the letter to the Twitter thought police, but told her 70K followers that she totally wasn’t trying to get Matt in trouble.

Naturally it didn’t take long for the Twitter Inquisition to persecute Matt for his ‘hate speech’. He signed a letter that was also signed by an anti-trans person… which makes Matt anti-trans by association.

Since he was now the victim of the cancel-culture mob-attack, Matt apologized and denounced his signature on the letter.

He said he didn’t realize he was co-signing with anti-trans people.

In other words: I didn’t realize I was supporting free speech alongside some people who don’t think the exact same way as me!

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Caution for Law Professors Who Plan To Generate Their Own Content

In March, schools around the globe went online in a manner of days. Professors, who had never used distance learning, were suddenly forced to take a crash-course in Zoom and other similar tools. Students, for the most part, were understanding. But I think everyone would agree that the pedagogy from the Spring 2020 semester was not ideal.

The Fall 2020 semester will better. Professors will have now had a full semester of Zooming under their belts. And, they can spend the summer adapting their classes to an online environment–either synchronous or asynchronous. Some professors may decide to generate their own content.

I define the word content very broadly. That word can refer to videos, where the professor is on the screen. It can refer to “narrated” powerpoints, where the professor narrates slides. It can refer to a recorded podcast, where there is only audio, and the professor is speaking. In my mind,”content” refers to anything more than the printed word: either spoken audio or recorded video.

Professors should be very cautious before developing their own content. And I offer this advice after having spent nearly two years and $100,000 on developing my own content for constitutional law. Developing high-quality content is difficult, time-consuming, and expensive. No content may be better for students than weak content. And professors would better spend their time preparing assessments (both summative and formative), and scheduling one-on-one visits with students, than generating content.

Let me explain. The central element of being a professor is writing. That is what we do. We can write articles. We can prepare powerpoint slides (a form of writing). We can compile examinations. The other central element of being a professors is speaking. We present papers. We lecture. We engage in Socratic dialogues. We engage in respectful, pithy discourse during faculty meetings. (Or at least we should). And so on.

Generating content is completely divorced from how professors usually write and speak. It is not enough to write a script and read it aloud, the same way you would read from lecture notes. You have to generate a script that is geared towards the format of a student listening to a podcast or watching a video. Here are two useful tips.

First, sentences must be short. Long, winding sentences with different clauses may work well enough in print. (I avoid, at all costs, long sentences.) Readers can jump around a long sentence if they get lost. But when you are listening to a recording, you are not going to rewind if you lose your place. Short sentences give the brain a chance to process a thought before you move on. For audible content, periods are your friends. Semicolons are your enemies. (How many of you would have put a semicolon after friends? You see!). And never use an em-dash. That punctuation cannot be readily converted to the spoken word. Use a period and move on.

Second, place subjects at the beginning of sentences. Legal prose often buries subjects at the end of a sentence. You may read 20 words before you figure out what the sentence is about. That approach doesn’t work for recording. Let the reader know up front why she is reading the sentence.

So far, I have only offered tips about style. The substance is even harder. Students crave simplicity. The law is not simple. Often, when you distill a complicated concept into a few sentences for a podcast, you leave stuff out. And you know it. When you start to prepare your own content, you will agonize about what to leave in, and what to omit. The process becomes so painful. Writing a script for a podcast is different than creating a powerpoint. You cannot simply read long blocks of text, as you would include a blockquote on a slide. People will tune out. Striking the right balance is very, very difficult.

These tips concern the preparation of the script. But there is an even bigger challenge: delivering it. Most people do not know how they sound when they speak. It is very difficult to listen to a recording of yourself. I do so all the time to help improve my diction. Indeed, I took classes for nearly a year to help slow down my New York pace. I would routinely rewatch my classes, radio interviews, and TV hits. It wasn’t easy. I’ve gotten better, but I occasionally revert back to old habits.

When you speak in a live class, and stumble or slur words, students are forgiving. But when students hear hard-to-understand speech on a recording, the reaction is different. They may ask, “Why didn’t the professor record another take?” Of course, you may have recorded a dozen takes, and that was your best one. But the students will never know it. The margin of error for recordings is so much lower than for live speech. Plus, static and other clicks become very noticeable on most microphones. Editing bad parts out of audio often makes the problem worse.

So far, I have only discussed the spoken word. Recording video is much, much more difficult. Here, I repeat several of the lessons I offered about recording zoom (See here and here). Professors, in general, have poor eye contact. In a large class, it is not a big deal. But with a camera, poor eye contact can create a huge disconnect. You need to maintain direct eye contact with the lens. If you start to move your eyes around, it looks shifty. Keep in mind if you are reading from notes, you will constantly have to move your head up and down. The ideal solution is a teleprompter that goes over or behind the camera. But most professors do not have that setup. And reading from a teleprompter is harder than it looks.

You may need to record several takes before you get the video right. It is tough to stop mid-sentence. You may have to start at the beginning of a paragraph to avoid an awkward break. For example, when Randy and I were in studio, it would take about an hour to record enough content for a five-minute video. We did two full takes from start to finish, and then recorded individual sentences over and over again. And, it is tough to monitor your own speech. When Randy was behind camera, I carefully monitored his speech. If I heard any glitches, I would ask him to start again. And he did the same when I was behind camera. If you decide to generate your own content, you should have someone in the room to raise their hand if there any glitches.

Finally, editing video content is tough. I would not suggest you learn how to use Adobe Premier, or any similar tool. Those products have steep learning curves. I spent several years editing video before law school, and I still don’t feel qualified to make my own content. There are some online tools that let you mix together videos. But precise editing is hard.

The hardest part of creating a video is to develop engaging visuals. It is very, very boring to watch a static shot of a professor at a podium for any length of time. Likewise, I find narrated powerpoints to be soporific. I know professors use both of these approaches. They may be effective in a pinch. But in my mind they add little value. Students would be better reading a script in their head than trying to follow along as a professor reads a script. There is no intrinsic value to have audio or video. Students can use a narrator feature, just as effectively. Most smartphones and devices have this feature.

When Randy and I developed the script for our videos, we used a rule of thumb: the visual had to change every 8 to 10 seconds. In other words, we would not show the same visual for more than 10 seconds. We would cut to a photo, a video, text on the screen, or a different camera angle. Indeed, while writing the scripts, I would deliberately write sentences or clauses that matched up with specific graphical cuts. That process was immensely difficult. But it created engaging and entertaining videos that keep the viewer hooked. It is not possible to develop this sort of content alone over the summer. I am very cautious if professors attempt to go it alone.

***

So far I have offered only caution. What should professors do? Do what you do best. Focus on written material. Distribute written summaries that students can read. Write sample questions and model answers. Give frequent assessments. And go over those assessments. Schedule one-on-one sessions with students. Provide a benefit that cannot be given over Zoom or other asynchronous measures.

Professors have limited time. Generating content is not a prudent use of that time.

Next week I will share some modules for constitutional law classes.

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Want To Reform Policing? Bust Police Unions.

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My Dad and I never agreed on politics given that he was unabashedly liberal in his views. He was a public-school teacher in New Jersey, so one would have expected that, as a proud Democrat, he would have been a champion of one of the Democratic Party’s most-powerful allies: the teachers’ unions. Instead, he refused to join. His rationale was simple: Those unions always protect bad teachers, which harms students.

That point seems obvious. Once I was a guest on John Stossel’s TV show, where he had the audience howling with laughter as he unveiled an unbelievably long and convoluted chart showing the New York City public schools’ process for firing a bad teacher. Los Angeles Unified School District has “rubber rooms,” where teachers who are deemed unfit for the classroom twiddle their thumbs and collect full pay as their cases wind through the adjudication process.

Read the Vergara decision. Even though higher courts overturned it, the eye-opening Los Angeles ruling documented the way the state’s union-backed system of teacher protections keep “grossly ineffective teachers” in the classroom, thus robbing many students of a quality education. Yet my liberal friends, who express concern about the plight of poor kids, think we can somehow improve public education without tackling the largest impediment to reform.

Meanwhile, most of my conservative friends understand the teacher union problem and complain about it all the time. When it comes to police reforms, however, they are as thickskulled as the liberals. They rarely acknowledge that the same dynamic is at work with police unions, which keep the most dangerous officers on the force.

There are many reasons for our current policing problems, ranging from drug-war-induced militarization to an insular culture, to the legal immunity the U.S. Supreme Court provided to cops and other government workers. But it’s impossible to reform police departments until lawmakers take on the police unions. Unlike with teachers’ unions, however, police unions are more adept at buying politicians on both sides of the aisle.

California state law provides law enforcement officials with the Peace Officers’ Bill of Rights, which offers the equivalent of what Stossel described with teachers: a list of special protections that shield officers from accountability. Note that the Minneapolis officer at the center of the controversy over George Floyd’s death reportedly had 18 prior complaints filed against him.

Then a decades-old California law requires local governments to meet-and-confer with unions. Those agreements provide officers with additional procedural protections. These include strict time limits on launching investigations and paid leave while their cases are under review. Often, the agreements require the agency to give officers the names of witnesses, making it unlikely that a fellow officer will testify against a misbehaving colleague.

It’s easy to see how the current system frustrates accountability. In one instance, even the district attorney accused some deputies of standing by a “code of silence” after the DA’s failed case against an officer who was accused of using excessive force against a suspect in his custody. I’ve watched it take years to incarcerate a police officer who was accused of sexual assaults—thanks in part to outsized union protections that leave the public remarkably vulnerable.

A 2019 study from the researchers at the University of Chicago analyzed violent police incidents following a 2003 Florida Supreme Court decision that granted sheriffs’ deputies the right to organize. This sophisticated analysis compares agencies with newly granted collective-bargaining rights with other police agencies that already had such rights. “(T)he right to bargain collectively led to about a 40-percent increase in violent incidents,” the report concludes.

Those numbers should not be shocking. Consider a parallel. Any police officer or prosecutor will tell you that Proposition 47, which decriminalized many lower-level crimes, led to a spike in drug and property crimes after criminals realized they could evade punishment for committing them. If you exempt people from any punishment for misbehavior, you’ll get more misbehavior. That also applies to government employees, such as police and teachers.

Some conservatives have argued that it’s unfair to compare teachers’ unions to police unions because policing is a more-dangerous profession than teaching. That’s true, but there’s a flip side to that argument. “They’re teachers’ unions, but with tanks and endless get-out-of-jail-free cards,” wrote Lyman Stone in The Public Discourse.

In other words, police do have a more dangerous job—but their mistakes and abuses have a more devastating impact on the public. Stone looked closely at the data and found that police violence has increased as a proportion of U.S. deaths even as crime rates have plummeted.

As policy makers consider ways to reduce some of these shocking use-of-force incidents, they need to evaluate the role of unions in protecting overly aggressive officers. More of us need to follow the lead of my Dad and put aside our political biases as we look for policing solutions.

This column was first published in the Orange County Register.

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