San Antonio Cop Charged With Handcuffing, Raping Teenage Girl He Pulled Over, Had Faced Similar Accusation Before

cop accused of rapeAnother cop whose alleged actions and history of
misconduct make the case for zero tolerance for police
officers.  Officer Jackie Len Neal of the San Antonio Police
Department was
arrested
for allegedly raping a 19-year-old woman he pulled
over at 2 in the morning. Neal allegedly told the woman her car was
reported stole (she produced a sales slip), ordered her to get out
of the car, and patted her down despite her request for a female
officer. He allegedly then handcuffed her, placed her in the back
of his patrol car and raped her. Neal will continue to be paid
until he is indicted, and was released on $20,000 bond. The police
department should have the power to dismiss him immediately as they
see fit; even the perception of impropriety or criminality can make
an officer unfit for service. What’s more, Neal had been the
subject of sexual assault complaints before.
Via My San Antonio
:

Police Chief William McManus said a different woman
made a similar complaint against Neal a few years ago. The date of
that incident was not immediately available.

McManus said that woman later refused to cooperate in a police
investigation, so it wasn’t pursued. There were no consequences for
Neal at the time.

McManus said he has asked officers to go back to that woman to see
if she would be willing to help in the new investigation.

Neal was suspended in September for three days for dating an
18-year-old member of the Police Explorer program about two years
ago. The program is meant to encourage young people to consider a
career in law enforcement.

Officers are forbidden from fraternizing with members of the
program for people 14 to 21 years old.

The San Antonio Police Department should not have been hampered
by a union contract from dismissing Neal after the initial rape
complaint or after the clear violation of policy with regards to
the youth program.

The SAPD should be commended for moving to act quickly on the
latest complaint, and for their attempt to revisit the prior
allegation. It doesn’t always happen that way, with prosecutions of
cops being both notoriously rare and late. In Kentucky,
for example
, it took nineteen years and a seven-year-long state
police investigation to get to this week’s arrest two former Oak
Grove cops for the 1994 murder of two local prostitutes whose madam
publicly accused cops of the killings. Oak Grove’s mayor
called the charges
the “tip of the iceberg,” pointing out that
other police officers may well have known what happened.

And just today, the schools superintendent in Steubenville, Ohio
was
charged
with obstructing an investigation into the rape of a
teenage girl by three high school football players, a rape that
would’ve likely remained uninvestigated were it not for the
attention given to it by local bloggers and online activists,

one of whom
may face more prison time than the alleged rapists
he exposed,  and another who successfully fought off
defamation charges related to her coverage of the case. Reason TV
interviewed her attorney earlier this year, which you can watch
below:

from Hit & Run http://reason.com/blog/2013/11/25/san-antonio-cop-charged-with-handcuffing
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Who Will Treat Those New Medicaid Patients From the Obamacare Exchanges?

MedicaidHealth care providers are showing a certain lack
of enthusiasm about the Affordable Care Act. Because of low
reimbursement and bureaucratic headaches, both state and national
surveys showing physicians
unenthusiastic about seeing patients who get coverage through the
Obamacare exchanges
. And that’s for private insurance.
But Healthcare.gov and the state exchanges have been more
successful so far at signing people up for Medicaid than private
plans—and many Medicaid patients are already having trouble finding
doctors. So…Who is going to see these new Medicaid enrollees?

When it
announced the underwhelming Obamacare enrollment figures
(PDF)
to-date on November 13, the department of Health and Human Services
said that 106,185 people had “selected a Marketplace Plan,” but
that 396,261 persons had been “determined or assessed eligible for
Medicaid/CHIP” (Children’s Health Insurance Program).

That’s a problem. A
2012 survey
(PDF) by Jackson Healthcare, a medical staffing
company, found that, while 64 percent of physicians nationally are
taking new Medicaid patients, “A majority of physicians across many
specialties said they could no longer afford to accept new Medicaid
patients due to declining reimbursements. States where physicians
were least likely to accept new Medicaid patients were New Jersey,
California and Florida.”

In fact, last week, the Courier-Post, a south New
Jersey paper, reported that Medicaid patients in that state may be
signed up for medical care, but they’re
having serious problems finding providers
:

Midway through her third pregnancy, Grace Ewing spotted a
disturbing notice on the counter at her obstetrician’s office.

Her Advocare doctor could no longer accept the UnitedHealthcare
Community Plan as of Oct. 1, since the Medicaid managed care
organization terminated its contract with the provider network.

Like 25,000 other Advocare patients in New Jersey, the practice
told her she would have to find a new provider — and quickly.

But it was no easy task. For the next several weeks, the
28-year-old called obstetricians listed on the managed care
company’s website. She wanted to find a female doctor within a
reasonable distance from her Bellmawr home, who could deliver her
baby at Virtua.One office worker after another told her the same
thing: “We used to accept it, but we don’t anymore.” …

Nearly 1.3 million New Jerseyans — about 15 percent of the
state’s population — are enrolled in Medicaid, most through plans
administered by four managed care organizations.The number of
people covered by NJ FamilyCare is expected to swell next year, as
an additional 300,000 uninsured residents will be eligible for free
coverage, thanks to the Affordable Care Act.

The article adds that 54 percent of doctors in the state don’t
take take new Medicaid patients. Not surprisingly, low
reimbursement is cited as a major reason. There is already a doctor
shortage before the expected influx of new Medicaid
patients.

None of this should be a surprise. Physician dissatisfaction
with Medicaid is not a new proble, Pharmacies, too, were
refusing Medicaid
patients
years ago
because of rock-bottom reimbursement. Soon after the
Affordable Care Act passed, health experts
pointed to Medicaid as a major vulnerability
in the
law—coverage without providers is no coverage at all.

And yet… Here we are.

from Hit & Run http://reason.com/blog/2013/11/25/who-will-treat-those-new-medicaid-patien
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Spoiler Alert: Godot Never Shows Up

Submitted by Ben Hunt of Epsilon Theory

The 18th Brumaire of Janet Yellen

One of the more painful lessons in investing is that the prudent investor (or ‘value investor’ if you prefer) almost invariably must forego plenty of fun at the top end of markets. This market is already no exception, but speculation can hurt prudence much more and probably will. Ah, that’s life. And with a Fed like ours it’s probably what we deserve.

      – Jeremy Grantham, macro fund manager and noted Bear (Nov. 19, 2013)

 

I cannot look at myself in the mirror; everything I have believed in I have had to reject. This environment only makes sense through the prism of trends.

      – Hugh Hendry, macro fund manager and noted Bear (Nov. 22, 2013)

 

The hippies, who had never really believed they were the wave of the future anyway, saw the election results as brutal confirmation of the futility of fighting the establishment on its own terms.

      – Hunter S. Thompson, “The Hashbury is the Capital of the Hippies” (1967)

 

In the sunset of dissolution, everything is illuminated by the aura of nostalgia, even the guillotine.

      – Milan Kundera, “The Unbearable Lightness of Being” (1984)

 

The Greek word for ‘return’ is nostos. Algos means ‘suffering.’ So nostalgia is the suffering caused by an unappeased yearning to return.

      – Milan Kundera, “Ignorance” (2000)

 

The class which has the means of material production at its disposal, has control at the same time over the means of mental production. The ruling ideas are nothing more than the ideal expression of the dominant material relationships.

      – Karl Marx, “The German Ideology” (1846)

 

“Let’s go.” “We can’t.” “Why not?” “We’re waiting for Godot.”

      – Samuel Beckett, “Waiting for Godot” (1953)

Karl Marx may not have had a small-l liberal bone in his body, but he was one of the keenest observers of the human condition to ever live, and his writings are a phenomenal resource for anyone seeking to understand our lives as social animals. In 1852 Marx published an essay titled The 18th Brumaire of Louis Bonaparte, recounting the 1851 coup where Louis-Napoleon Bonaparte (nephew of THE Napoleon) seized dictatorial powers in France. The essay was, Marx wrote, intended to “demonstrate how the class struggle in France created circumstances and relationships that made it possible for a grotesque mediocrity to play a hero’s part,” and it is here that Marx describes his view of the individual’s role in history. Which is to say … not much, as individuals are almost always prisoners of the past and their class, particularly shadow or derivative individuals, as Louis-Napoleon was to his uncle and Yellen is to Bernanke. This was the essay where Marx famously said that history always repeats itself, only the second time as farce, a phenomenon I’ve written about at length as the emergency Fed policies that saved the world in 2009 have been transformed into a more or less permanent government insurance program.

I started this note with quotes from two prominently bearish money managers – Jeremy Grantham and Hugh Hendry – both of whom are throwing in the towel on the upward trajectory of the market in the face of inexorable government bond-buying. Their change of heart reflects (finally and begrudgingly) the overwhelmingly dominant Narrative of Central Bank Omnipotence, that for better or worse it is central bank policy (particularly the Fed’s QE policy) that determines market outcomes. This Narrative is encapsulated in the following chart, a graph that we’ve all seen a million times in one form or another and has become a meme unto itself.

This is the Common Knowledge of our day … that so long as the Fed continues to buy, the market will continue to go up. Maybe they taper the rate of purchases or even stop expanding altogether, but if the market gets squirrelly they will just start buying again. The Narrative of Central Bank Omnipotence doesn’t mean that the market will only go up; it means that central bank policy is the overwhelming causal factor for market levels. It is as powerful a Common Knowledge structure as I’ve ever measured, and it’s at the heart of Grantham and Hendry’s hand-wringing. They aren’t capitulating to the market going up, but to WHY the market is going up. It’s a market dynamic that is alien to their (formidable) talents as money managers and to their (strongly held) belief structures on the meaning of an investment.

But for both Grantham and Hendry (and I suspect every investor who has been fighting the Fed in one way or another), this is a temporary capitulation. They both cling to the notion that this, too, shall pass, that we shall someday return to a market environment where real-world business fundamentals matter more than monetary policy. Maybe the return to “normal” comes with a bang … some sort of “Minsky moment” and asset price collapse where there’s a sudden realization that the Emperor has no clothes (or no more bonds to buy) … or maybe it comes with a whimper, as the Fed slowly and calmly drains the excess reserves it has built up in the financial system with the magical “tools” that are touted every time Bernanke (and now Yellen) testifies before Congress. To which I say … maybe. Or maybe that’s just wishful thinking for a market clearing Shock Ending or Happy Ending, as opposed to what seems to me to be the more likely outcome of the Entropic Ending, a long gray slog through a more or less permanently depressed world and a more or less permanently Fed-centric market.

Louis-Napoleon’s reign may have been a farcical shadow of his uncle’s Emperorship, but the truth is that Napoleon I set into motion structural changes in the world that dominate o
ur lives still. Napoleon changed the meaning of nationalism. He changed the meaning of war. He changed what it means to live as a human animal in a mass society. I mean, the entire concept of mass society really begins with Napoleon and the levée en masse, the Napoleonic Code, the notion of Total War, and the authoritarian co-opting of revolutionary ideals. Put the political inventions of Napoleon (and his Prussian and English opponents) together with the mechanical inventions of the Industrial Revolution and you have … the modern nation-state, a massive and entrenched insurance company attached to an equally massive and entrenched standing army.

I think it’s likely that government policy initiatives of the past ten years, particularly monetary policy and particularly US monetary policy, have created a structural shift in the meaning of capital markets and the global economy that rivals what Napoleon did almost exactly 200 years ago. I think Larry Summers is right – we are mired in a world of secular stagnation and a more or less permanent liquidity trap. The degree to which ZIRP and QE and bubble-promoting monetary policy creates that secular stagnation by delaying the deleveraging, loss assignment, and creative destruction that vibrant growth requires is ludicrously underappreciated in Summers’ speech, but as a statement of economic reality it’s pretty spot-on. I think Paul Krugman is right, too – in for a penny, in for a pound. Central bankers have come this far. Do you really think they’re going to back down now? I’m not saying that Krugman’s argument is “right” in terms of being intellectually honest or even very smart. I’m saying that I believe it is an accurate representation of the world as it is.

Here’s the crucial part of what Summers and Krugman are saying: this is not a temporary gig. This isn’t going to just “get better” on its own over time. This really is, as Mohamed El-Erian of PIMCO would call it, the New Normal. And if you’re Jeremy Grantham or anyone for whom a stock has meaning as a fractional ownership stake in a real-world company rather than as a casino chip that gives you “market exposure” … well, that’s really bad news.

So what’s the point of all this?

Denial ain’t just a river in Egypt, and alienation ain’t just a movie with Mandy Patinkin in heavy make-up. For my money, the smartest thing Marx ever wrote was on the concept of alienation, the separation of a worker from the meaning of his labor. Marx believed that the greatest theft that capitalism perpetrated on the working class was psychological. The Industrial Revolution and the assembly line crushed a worker’s spirit by eliminating the sense of pride, the sense of accomplishment, the sense of place and meaning that an honest day’s work previously imbued. Instead of seeing, feeling, and knowing the object of his labor, the modern worker made … a widget. He made a cog and he was a cog.

What traditional value investors like Grantham are experiencing today is alienation in the traditional Marxist sense. In today’s context it’s not the separation of a worker from the meaning of his labor, but the separation of an investor from the meaning of his investment. Sure, you can go on investing on the basis of your discounted cash-flow model or your earnings margin reversion-to-the-mean model or whatever it is that floats your boat, but it’s just going to be a continuing exercise in frustration so long as we live in a Fed-centric universe. As Hugh Hendry says, it’s hard to look at yourself in the mirror every morning when everything that you’ve held dear as your investment belief structure doesn’t seem to matter much anymore. Nostalgia, as Milan Kundera points out, is a form of suffering. Life’s way too short to wallow in those waters.

Marx has an answer to the alienation problem … end it, don’t amend it. Take your ball and go home, or at least find a different game. For the alienated proletariat, this is easier said than done. You’ve got to throw off your chains, rise up in violent class struggle, create a vanguard political party that maintains the necessary ideological discipline, watch out for counter-revolutionaries … creating a worker’s paradise is hard work! For the alienated value investor, on the other hand, the portability of capital makes the road to greener pastures quite a bit easier — just get out of public markets. Go buy a farm … or an apartment building … or a fleet of tankers … or a portfolio of bank loans … anything where your investment process has meaning again and isn’t hijacked by the game-playing and trend-following that dominates public capital markets. If you have to stay in public securities, at least move into areas of the market where you are not dominated by the game-players and where there remains a critical mass of your fellow value investors to make a community of sorts … small and mid-cap industrials, say, or maybe activist targets. Just don’t kid yourself into thinking that your deep dive into the value fundamentals of some large-cap bank has any predictive value whatsoever for the bank’s stock price, or that a return to the happy days of yesteryear is just around the corner. It doesn’t and it’s not, and even if you’re making money you’re going to be miserable and ornery while you wait nostalgically for what you do and what you’re good at to matter again. Spoiler Alert: Godot never shows up.

But maybe you’re not a dyed-in-the-wool value investor wracked by feelings of severe alienation. Maybe you’re pretty agnostic about the whole investment style box thing and you’re just looking to grow your wealth as quickly as possible with the least risk as possible. If you don’t really care WHY the markets are going up, only that they ARE going up; if you don’t feel an existential angst about Fed policy, but are actually quite happy that they’ve got your back; if you’re looking to play the investment game better, regardless of what the rule changes might be … well, Marx has some good advice for you, too. Think for yourself.

Marx is most famous for his concept of “the means of production”, the notion that human history is best seen and understood through an economic lens, that what we have been told is a story of Great Men and Empires and Discovery is really just a byproduct of class struggle for the control of those economic means of production. But what’s less appreciated is that Marx made a distinction between material production (all the stuff that we characterize as economic activity) and what he described as “mental production” – the creation of “the ruling ideas” that do all the heavy lifting in maintaining control over the proletariat. Now Marx wrote this in the 1840’s (!), so it’s going to need some contextual updating to speak clearly to us 170 years later. To wit: in the same way that Marx’s concept of alienation is more relevant today to capitalist investors than it is to labor, so, too, is this concept of mental production and ruling ideas. We investors – big or small, retail or institutional – are the proles. A well-to-do and content proletariat, to be sure, kind of like professional athletes, but a proletariat nonetheless. We control neither the means of material production (the public capital markets in which we labor) nor, more importantly, the means of mental production – the creation of the ruling ideas that drive our behavior and are taken for granted. We are ALL suckers for a good story that has more truthiness (to use Stephen Colbert’s word) than truthfulness, and you don’t have to be a raving Marxist to believe that the institutio
ns that do in fact control the means of material and mental production depend on this central truth about human nature to maintain their position.

What are the ruling ideas in investment theory and practice today? There are plenty, but I’ll highlight two: “stocks for the long haul” and Modern Portfolio Theory. I’m not going to go into a long critique of either ruling idea, as I’ve written on this topic here, and I have lots more planned for the future. But for now I’ll just ask this: does the Narrative of Stocks For the Long Haul or the Narrative of Modern Portfolio Theory serve your best interests and your clients’ best interests … or theirs? It’s a question that deserves to be asked and explored again and again, and that’s what I’ll keep doing with Epsilon Theory.


    



via Zero Hedge http://feedproxy.google.com/~r/zerohedge/feed/~3/WFFtEElf37M/story01.htm Tyler Durden

New York Police Departments Get Military Vehicles

Eight police departments in the
state of New York recently added Mine-Resistant Ambush-Protected
(MRAP) vehicles to their fleets.

MRAPs, which were specifically designed for guerilla combat
during the Iraq War, are being distributed to local police forces
throughout the country as part of Department of Defense’s “1033
program
.” The latest recipients of these 18-ton, behemoths,
each of which bears a retail price tag of about $500,000, are
Albany, Warren, Jefferson, and five other counties and villages
throughout upstate New York.

Albany County sheriff Craig Apple
assured
the Associated Press (AP) that his department is not
becoming militarized. Neverthless, Apple, whose fleet already
operates four other military surplus vehicles, giddily stated his
approval of the MRAP: “It’s armored. It’s heavy. It’s intimidating.
And it’s free.” To ensure that no confusion arises over its
function, part of the refurbishing process will include changing
the MRAP’s paint job from “military sand” to “civilian black.”

In nearby Warren County, Undersheriff Shawn Lamouree explained
more bluntly, “We live in the North Country. It’s very common for
people to have high-powered hunting rifles.” He noted a past
situation in which the MRAP could have been useful to overcome
barricades. The AP notes that the Lamouree also suggested “it could
be used occasionally by the emergency response team, which has used
armored vehicles to serve drug warrants.”

Although it may be the easiest means for the Pentagon to
relinquish itself of surplus equipment, many are critical of the
increasing trend of police militarization. The American Civil
Liberties Union has
repeatedly
warned that militarization can curtail freedom and
foment violence. Former Reason staffers Radley Balko and
Mike Riggs
discussed
in a recent interview the multiple ways in which
domestic police are becoming more militaristic.

There are also practical problems with MRAPs, some of which
Reason
covered
when Ohio State University received one earlier this
year. Domestic roads and bridges are not build to accommodate these
vehicles. Even if police can get one onto a major roadway, the MRAP
top out at 65mph. This makes them unlikely to beat standard police
vehicles to a crime scene. Additionally, although the police
departments received the MRAPs for free, they are responsible for
the cost of refurbishing, fueling, and attending to their
specialized mechanical issues. Also, these top-heavy vehicles, for
which the military requires unique training and licensing to drive,
are prone to rolling over especially on mountainous
terrains. 

from Hit & Run http://reason.com/blog/2013/11/25/new-york-police-departments-get-military
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Members of Congress Beg US Attorney to Stop Calif. Medical Marijuana Raids

Does a US attorney listen to anybody else at all?Jacob Sullum has noted that despite new
policies by the Department of Justice to pull back on prosecutions
against medical marijuana dispensaries that are operating within
their state’s laws, Melinda Haag, the U.S. attorney for Northern
California, is doing
nothing of the sort
.

Haag’s unwillingness to listen to the her own agency, not to
mention the city leaders where she’s trying to shut dispensaries
down, has prompted four members of the House of Representatives,
Barbara Lee, George Miller, Sam Farr, and Eric Swalwell (all
California Democrats) to send Haag a letter begging her to stop.

The letter reads in part
:

It is counterproductive and economically prohibitive to continue
a path of hostility toward dispensaries. Moreover, it appears to
directly  counter the spirit of Deputy Attorney General Cole’s
memo, and is in direct opposition to the evolving view toward
medical marijuana, the will of the people and, by now, common
sense.  Additionally, the State of California has also
received legislative direction and guidelines from California
Attorney General Kamala Harris on responsibly delivering medical
marijuana. 

It is our view that the intent of the Justice Department is to
not enforce its anti-marijuana laws in conflict with the laws of
states that have chosen to decriminalize marijuana for medical and
recreational uses.  California understands the urgency toward
putting together a statewide regulatory system, and we can all be
helpful in that regard, but some municipalities, including Oakland,
have already done an extraordinary job regulating medical
marijuana.  California is moving in the correct direction in a
measured manner, and should be given the opportunity to do so.

Follow this story and more at Reason
24/7
.

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. If you have a story that would be of
interest to Reason’s readers please let us know by emailing the
24/7 crew at 24_7@reason.com, or tweet us stories
at 
@reason247.

from Hit & Run http://reason.com/blog/2013/11/25/members-of-congress-beg-us-attorney-to-s
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Have We Reached ‘Peak Gold’?

Led by countries such as Russia and China, central banks have recently become net buyers of gold. Meanwhile, ETF gold outflows have been a temporary source of supply this year, but obviously this cannot persist. It’s also unreasonable to assume that recycling will make up a significantly greater piece of supply without the price of gold increasing substantially. With the grade of current producing gold mines being 32.6% higher than undeveloped deposits, it makes the supply scenario even more clear. Not only is the current yearly mine supply difficult to sustain, but future mines coming online will be challenged by grade and margins to be economical at today’s prices. Mathematically, unless we have high-grade, high ounce deposits that are being fast tracked online, it will be very difficult to find a way to get supply to match demand. Have we reached peak gold?

 

(click image for large legible version)

 

And The Full Natural Resource Holdings’ 40-page Global Gold Mine and Deposit Rankings report is available here

 

Global Gold Mine and Deposit Rankings 2013


    



via Zero Hedge http://feedproxy.google.com/~r/zerohedge/feed/~3/8kIIKPvLObc/story01.htm Tyler Durden

Have We Reached 'Peak Gold'?

Led by countries such as Russia and China, central banks have recently become net buyers of gold. Meanwhile, ETF gold outflows have been a temporary source of supply this year, but obviously this cannot persist. It’s also unreasonable to assume that recycling will make up a significantly greater piece of supply without the price of gold increasing substantially. With the grade of current producing gold mines being 32.6% higher than undeveloped deposits, it makes the supply scenario even more clear. Not only is the current yearly mine supply difficult to sustain, but future mines coming online will be challenged by grade and margins to be economical at today’s prices. Mathematically, unless we have high-grade, high ounce deposits that are being fast tracked online, it will be very difficult to find a way to get supply to match demand. Have we reached peak gold?

 

(click image for large legible version)

 

And The Full Natural Resource Holdings’ 40-page Global Gold Mine and Deposit Rankings report is available here

 

Global Gold Mine and Deposit Rankings 2013


    



via Zero Hedge http://feedproxy.google.com/~r/zerohedge/feed/~3/8kIIKPvLObc/story01.htm Tyler Durden

10 Clues About 2013 Holiday Spending

From consumer and retailer surveys to quantitative data such as household spending and private jet bookings, ConvergEx’s Nick Colas has amassed a collection of 10 clues about this year’s holiday shopping season. On the plus side, disposable personal income and consumer spending on discretionary items are rising, and travel to Palm Beach via private jet is quite popular this Christmas season. However, consumer confidence surveys are particularly weak, and consumer debt has ballooned to a 5-year high. Roughly equal parts good and bad, Colas’ collection of holiday spending indicators points to a mediocre (at best) 2013 shopping season (as we noted earlier).

Via ConvergEX’s Nick Colas,

There are conflicting projections out there, so it’s hard to know on which to rely, but when in doubt go with the National Federation of Retailers (NRF) gauge. They have the season pegged for a 3.9% positive comp to last year. While the NRF has been overly conservative in prior years, our indicators actually point to a weaker Holiday 2013: something closer to a 1-2% seems more realistic. Even a negative reading wouldn’t be a surprise.

Note from Nick: Only 30 days until Christmas Day, and some of the most important for the U.S. economy. Today Beth goes through the key drivers of consumer spending to baseline how much holiday shoppers will spend versus last year. Bottom line: it may not be the ‘Most wonderful time of the year.’ Read on for the Top 10 reasons why…

So far the only person I’ve checked off my Christmas shopping list is my dog, Floyd. He’s got a candy cane collar and a monogrammed blue whale collar for after the holidays coming his way. I always intend to finish my shopping by now – as I’ve gotten older I’ve grown to resent Black Friday and the holiday shopping crowds, an activity for which I used to giddily set a 3am alarm – but it never seems to happen. f you’re in the same boat, here’s an useful list of some top gift ideas for 2013 from a variety of retailers (just in case you need another gift guide):   

  • Amazon: Cards Against Humanity, Twisted Bandz Rainbow Loom, Kindle Fire HD 7″
  • The Discovery Store: 1-Rex Slippers, Shark Week bottle opener
  • Macy’s: Starbucks gift box, Jean Paul Gaultier “LE MALE” cologne, Michael Kors Hamilton tote
  • Audubon Institute: Adoption of an animal, tour of the elephant barn
  • Toys “R” Us: Sofia the First Royal Talking Vanity, “Despicable Me 2” Minions, Flutterbye Flying Fairy

I’m not sure what most of these are, but thankfully Best Buy has some more traditional suggestions: the PS4, the Xbox One and the iPhone. For the first time in 11 years, Thanksgiving fall as late as the calendar possibly allows, reducing this year’s holiday season by 6 full days – and retailers are clearly taking note. You can’t use the internet at the moment without being bombarded by gift ideas and promotional announcements. Huge retailers such as Wal-Mart, K-Mart and Macy’s are under fire for cutting into family time by opening on Thanksgiving Day just to extend the shopping season by a few more hours. And consumers are responding as expected: 23.5% (or 33 million) of those who plan on shopping during Thanksgiving weekend will hit the stores Thursday before the turkey is even off the table, according to a survey by the National Retail Federation (NRF).

So how much will they spend? The most crucial question isn’t who or when or where, after all – it’s how much. And to answer it, we’ve compiled a top 10 list of clues for 2013’s holiday shopping season. From consumer and retailer surveys to quantitative data such as personal spending/income and household debt, our collection encompasses the economics behind this year’s shopping season. Read on for the details.

1) Disposable personal income is on the rise. According to the Bureau of Economic Analysis (BEA), real disposable personal income increased 4.5% in the 3rd quarter from the prior period, for the biggest Q3 jump since 2006. This compares to gains of 1.7% and 3.9% in the quarter immediately preceding the holiday shopping season in 2012 and 2011, respectively. So consumers theoretically have more to spend, but are they spending it?

 

2) The answer is yes – spending is also up. The BEA’s data on personal consumption expenditures shows that core expenditures (excluding the food and energy components) were 2.1% higher in Q3 2013 versus Q3 2012 and 4.6% greater in Q3 2013 compared with Q3 2011. More importantly for the holiday shopping season, spending on discretionary items such as recreational goods and vehicles (a category that includes video, audio, and photographic equipment; sporting goods; and information processing equipment and media) was up 10.5% versus 2012 and 22.9% versus 2011. Strong spending patterns during the quarter immediately prior to the Christmas shopping season certainly bodes well for holiday spending.

 

3) The latest retail sales figures also support the case for increased spending habits. We combined sales figures from the government’s most recent retail sales report for all of the retailers from which people are likely to purchase discretionary gifts (clothing, sporting, book, music, hobby and department stores). The total came to $42.3 billion, which is a post-Fnandal Oisis recovery peak and 1.3% higher than the year-ago month, as well as 4.0% higher than in October 2011.

 

4) As for the 1%, it seems they’re doing just fine too. Private jet travel bookings are up more than 70% for the November 2013 and December 2013 holiday travel season, according to Sentient It (a Directional Aviation G3pital firm). The most popular holiday vacation destinations include Palm Beach, FL; Aspen, OD; and New York, NY.

 

5) An NRF survey predicts that total holiday spending will be up 3.9% this year. Americans reported plans to spend an average of $737 on gifts this year, or a total of $602 billion. Something to note, however. This survey occurred in early October, before the psychological headwind that was the partial government shutdown. Caution aside, however, the NRF has underestimated holiday spending for the past two years. In 2011 it projected per person spending at $704, but the actual number result was much higher – $741. Last year was a little closer – $749.50 projected versus $752 actual. This year’s estimate of $737 is likely a safe bet.

 

6) A separate, more recent, survey noted that Americans plan to trim their spending habits this year. Gallup’s most recent poll from November shows that consumer intend to shell out an average of $704 on holiday presents, down from $786 in the October poll and $770 in the November 2012 poll. Even the “20 percent” seem to be affected by economic uncertainty: For those earnings more than $75,000 per year, the average gift budget is $1,035 versus $1,122 a year ago.

 

7) Another study concurs. Morgan Stanley anticipates this will be the worst holiday season since 2008, with total gift spending per person down 2.5% from last year to $537, marking the first forecasted per capita spending decline in five years. The research predicts total holiday sales to rise 1.6% versus last year and attributes the increase to a greater number of shoppers in 2013.

 

8) Meanwhile, consumer debt is at a 5-year high. The Federal Reserve Bank of New York reported that debt expanded 1.1% in the 3rd quarter to $11.28 trillion, the biggest quarterly jump since Q1 2008. Though this is below the peak o
f $12.68 trillion in the 3r1 quarter of 2008, it indicates that the near 5-year deleveraging pattern has perhaps come to an end. People are purchasing houses and cars in greater numbers, which runs the risk of crowding out spending on other items, such as gifts. Plus, additional debt isn’t exactly a psychological “plus” for Christmas shopping.

 

9) Consumer confidence surveys support the notion of a psychologically-damaged consumer. The University of Michigan’s consumer confidence index fell for a 4th consecutive month in November. Its current reading of 72.0 is well below the year-ago mark of 82.7, and its current expectations component stands at 62.3 versus the July peak of 76.5. Meanwhile, the Conference Board’s consumer sentiment index currently stands at 71.2, compared with 72.2 in the year-ago month. f there is a bright spot here, it is gasoline prices. These can push confidence numbers higher or lower pretty quickly, and the trend is our friend on this count. Nationwide, gas prices currently average $3.24 versus $3.44 a year ago.

 

10) Lastly, the NRF projects seasonal hires to be roughly in line with 2012. A survey found that retailers plan to hire somewhere between 720,000 and 780,000 seasonal workers this year, compared with the incremental 720,500 hired last year (which was a 13% year-over-year increase from 2011). We’ll call this our sole neutral indicator.

With five indicators on the positive side, four on the negative and one in the middle, we can’t help but call for a lukewarm holiday shopping season. Logically, the length of the shopping season shouldn’t have any effect on comps, but this year does have a 6-day disadvantage. The macro economy is still shaky, and heightened promotional activity among retailers is likely to harm the 203 gift-buying season. Hanukkah actually falls quite early this year, so perhaps sales next week will give some indication about the overall strength of this holiday shopping season.


    



via Zero Hedge http://feedproxy.google.com/~r/zerohedge/feed/~3/-k7nQ_mBxmc/story01.htm Tyler Durden

It Is Now Illegal To Smoke In Your Own Home In San Rafael, California

In a unanimous decision, members of the San Rafael City Council
have approved the
strictest smoking ordinance
in the country. Effective last
week,
Assembly Bill 746
bans residents of apartments, condos,
duplexes, and multi-family houses from smoking cigarettes and
“tobacco products” inside their homes.

Introduced by Assembly Member Marc Levine and
pushed
by the Smoke-Free Marin Coalition
for over seven years, the
ordinance applies to owners and renters in all buildings that house
wall-sharing units for three or more families. The purpose is to
prevent second-hand smoke from travelling through doors, windows,
floorboards, crawl spaces, or ventilation systems (i.e. any
conceivable opening) into neighboring units.

Levine said the bill is motivated by his desire to ensure that
“Californians [can] breathe clean air in their own homes.” He
continued, “In apartments or condominiums, whenever a neighbor
lights up, everyone in the building smokes with them.”

Rebecca Woodbury, an analyst at the City Manager’s office who
helped write the ordinance,
explained
 some of the bill’s specifics to ABC
News. “It doesn’t matter if it’s owner-occupied or
renter-occupied,” she said. “We didn’t want to discriminate. The
distinguishing feature is the shared wall…I’m not aware of any
ordinance that’s stronger.”

The bill’s proponents cited scientific evidence that shows
cigarette smoke is able to travel through the ventilation systems
of apartments. Some of this evidence was produced by two
CDC studies
, which found that roughly 45 percent of apartment
dwellers claimed to have been exposed to second-hand smoke in their
homes in the past year.

Some anti-smoking groups, like the American Lung Association,
have expressed their support for the legislation. The President and
CEO of California’s division
said
the ordinance is “groundbreaking” and called for a
state-wide ban. 

The ordinance is not without its detractors, however. 

A researcher at the Heartland
Institute
, a free-market policy think tank in Chicago, said the
ban is part of a larger, disturbing trend of government
encroachment on personal freedoms. As he
told
 ABC News:

I don’t like cigarettes, and I’ve never taken a puff. My
sympathies aren’t with smokers because I am one, it’s because of
the huge growth in laws and punishments and government restricting
people more and more. Illinois’ criminal code was 72 pages long in
1965; today it’s more than 1,300 pages long. 

Brian Augusta, of the Western Center on Law and Poverty, said
that targeting multifamily units disproportionately affects
low-income families and workers. According to the
Sacramento Bee
, Augusta said, “If smoking is an addiction,
and it clearly is, are we telling people that they have to quit
smoking—without support—or leave their homes?” 

George Koodray, New Jersey state coordinator for Citizens
Freedom Alliance and the Smoker’s Club,
decried
the evidence linking apartment-dwelling to second-hand
smoke exposure as weak. “The science for that is spurious at best,”
he said.

The California Apartment Association has not taken an official
position on the issue, but has
stated its doubts
as to how the ordinance will be enforced and
by whom. As it stands, AB 746 levies rule-breakers with fines but
does not identify who will respond to complaints or write
tickets.

Levine said that he
hopes
the ordinance will be “self-enforcing,” but it’s clear
that landlords are being prodded to take up the torch. In an
informational pamphlet published by the city,
landlords are advised
to threaten rule-breaking tenants with
eviction. 

from Hit & Run http://reason.com/blog/2013/11/25/it-is-now-illegal-to-smoke-in-your-own-h
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California Judge Sends High-Speed Rail Plan Careening Backward Into to the Station

Somebody make a "Nope nope nope nope nope!" GIFCalifornia’s High-Speed Rail
Authority (CHSRA) can’t even spin this one: A state judge in
Sacramento, in two separate rulings, has taken the business plans
for the state’s bullet train outside, tossed them in a rusty barrel
behind the courthouse, and set them on fire. As Reason has
repeatedly
noted across several years, the CHSRA’s runaway rail
plan was wildly different, more expensive, and simply
not in compliance
with what was approved by voters in a ballot
initiative in 2008. Today Judge Michael Kenny agreed with opponents
that the state could not push forward with its plans as they are.
From the
Associated Press
:

Judge Michael Kenny rejected a request from the California
High-Speed Rail Authority to sell $8 billion of the $10 billion in
bonds approved by voters in 2008, saying there was no evidence it
was “necessary and desirable” to start selling the bonds when a
committee of state officials met last March.

He said the committee was supposed to act as “the ultimate
`keeper of the checkbook'” for taxpayers, but instead relied on a
request from the high-speed rail authority to start selling bonds
as sufficient evidence to proceed.

In a separate lawsuit, Kenny ordered the rail authority to redo
its $68 billion funding plan before continuing construction, a
process that could take months or years. He had previously ruled
that the authority abused its discretion by approving a funding
plan that did not comply with the requirements of the law. The
judge said the state failed to identify “sources of funds that were
more than merely theoretically possible.”

Proposition 1A, which voters approved in 2008, required the rail
authority to specify the source of the funding for the first
operable segment of the high-speed rail line – a 300 mile stretch –
and have all the necessary environmental clearances in place. Kenny
had said the agency did not comply with either mandate in approving
the start of construction from Madera to Fresno, about 30
miles.

Technically and politically, the ruling doesn’t kill the plan,
but the blow is pretty devastating. The state does not have the
money to build a full 300-mile stretch of the $68 billion
boondoggle. Despite blinkered claims by progressive that
California’s economy is recovering, it is
wallowing
in huge amounts of debt, unfunded state pension
liabilities, and rapidly expanding health care costs. And there’s

little sign
of additional federal subsidies coming unless the
Democrats win the day in 2014 and take back the House.

Nevertheless, CHSRA is trying to act like they expected a judge
to order them to start the process over the whole time:

“Like all transformative projects, we understand that there will
be many challenges that will be addressed as we go forward in
building the nation’s first high-speed rail system,” authority
board Chairman Dan Richard said in a written statement.

Going backward instead is quite the challenge to your efforts to
go forward.

from Hit & Run http://reason.com/blog/2013/11/25/california-judge-sends-high-speed-rail-p
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