California Seizes 1.2 Million Dangerously Untaxed Marijuana Plants


reason-cannabis

Marijuana prohibition has officially ended in California, but you might be forgiven for thinking otherwise given the continued crackdown on grow operations across the state. On Monday, California Attorney General Rob Bonta announced the seizure of 1.2 million illegally cultivated marijuana plants and 180,000 pounds of processed marijuana as part of the state’s Campaign Against Marijuana Planting (CAMP) program.

The CAMP program dates back to the “just say no” days of the 1980s. It’s been kept alive since the legalization of recreational sales in 2018. Its new target is the marijuana black market that has persisted outside the state’s legal, but heavily taxed and regulated, cannabis industry.

“Illegal and unlicensed marijuana planting is bad for our environment, bad for our economy, and bad for the health and safety of our communities,” said Bonta. “From dumping toxic chemicals in our waterways to cheating the state out of millions of tax dollars, illicit marijuana grows have far-reaching impacts and unintended consequences.”

A press release from Bonta’s office says that this year’s seizures were the result of 491 raids conducted by federal, state, and local agencies in 26 counties. In addition to the untaxed marijuana, these operations also netted illegal pesticides and 165 weapons. That’s about one gun per every three raids, suggesting the state isn’t nabbing a lot of Pablo Escobars.

Despite the herculean effort put into the CAMP program, the black market cannabis industry doesn’t appear to be any worse for wear. In fact, these raids are bringing in an increasing amount of dangerously untaxed marijuana each year.

In 2020, CAMP operations seized 1.1 million illegal marijuana plants. That’s up from just under 1 million plants seized in 2019, and well above the 614,267 plants taken in 2018, reports the Sacramento Bee.

If the CAMP program were an effective means of eliminating a marijuana black market, one would expect the number of plants seized to be going down, not up.

Indeed, just as a black market existed under the state’s formal, blanket ban on marijuana, illegal grow operations are likely going to continue in the new post-prohibition regime. That’ll be true as long as these growers can undercut the prices of the formal cannabis economy, with all its red tape and taxes. Because this is California, land use regulations and confusing licensing regimes often make it difficult for budding entrepreneurs to enter this heavily regulated legal market in the first place.

It doesn’t look like state officials are rushing to deregulate the cannabis industry any time soon. Bonta said that he is launching a six-month review of the CAMP program. But that review is to refocus the state’s efforts on addressing “the environmental, labor, and economic impacts of illegal cultivation.”


FREE MARKETS

A shortage of police officers in Seattle is leading the city’s business leaders to embrace private security. Over the weekend, local ABC News Radio affiliate KOMO News reported that the Downtown Seattle Association, a business group, has called on the city to use federal COVID-19 relief money to subsidize their rising private security costs.

Business owners say they have had to spend more on private security guards to cope with the downstream effects of a staffing shortage at the Seattle Police Department (SPD). The Seattle Times reports that a lack of police officers has resulted in SPD dispatching detectives and non-patrol officers to respond to emergency calls.

Demands for federal subsidies will please no free marketer. The DSA’s proposal nevertheless has a certain element of accidental libertarianism to it. In effect, these downtown businesses are asking for the city to pick up the tab for a partial privatization of policing that’s already occurred.

The proposal’s gotten a mixed reception from Seattle politicians. Bruce Harwell, former city council president, told KOMO News that it could be a good temporary stopgap measure, but a longer-term solution would need to involve more police funding. Lorena Gonzalez, the city council’s current president, said the idea might violate the Washington Constitution’s gift clause—which generally prohibits subsidies to specific businesses.

Ironically enough, Seattle’s other recent experiment in radical policing alternatives—the short-lived Capitol Hill Occupied Protest or CHOP—also ran into gift clause complaints. Businesses and residents near CHOP sued the city government, arguing its ceding of public roads and parks to this (poorly) self-governed leftist street commune also amounted to an illegal public gift to private interests.

Rather than devote federal funds to subsidizing private security, perhaps Seattle could give downtown businesses a break on the taxes they pay for public safety services that are purportedly not being delivered.


COVID-19

The Food and Drug Administration (FDA) is set to allow “mix and match” vaccine booster shots. On Wednesday, the agency is expected to announce that people who have received one type of vaccine can get a booster shot of a different type of vaccine, reports the Washington Post.

The federal government will only cover the costs of a mixed booster shot if it’s approved by the FDA, reports The New York Times.

But as economist Tyler Cowen notes at Marginal Revolution, people have been topping off their t-cells without the agency’s approval already.


QUICK HITS

  • Former President Donald Trump is fighting the release of White House documents requested by the congressional committee set up to investigate the events of January 6. He’s sued the committee, arguing that those documents are protected by executive privilege.
  • The Biden administration is moving to more heavily regulate long-lasting chemicals known as PFAS found in a range of consumer products.
  • President Joe Biden’s promise to make the container ships run on time is running into some trouble at backed up Los Angeles area ports, reports the Washington Examiner.
  • The accolades poured in yesterday for the late Colin Powell, the secretary of state under former President George W. Bush. Not many of those warm comments came from Iraqis.
  • Federal Reserve Chair Jerome Powell sold stocks from his personal account right before the market suffered a significant drop in October 2020, reports The American Prospect.
  • Over at The American Conservative, Samuel D. Samson says it’s time to disobey COVID-19 mandates.
  • Netflix employees are staging a walkout to protest the company’s handling of the latest Dave Chappelle comedy special.

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Survey Finds No Rise in Anti-Asian Violence, Assaults Declined in 2020


campbell-jensen-b6hJHLGpPiI-unsplash

Some recent evidence has suggested that the national period of declining crime—which began in the mid-1990s, as rate of violence fell dramatically in the U.S.—may be over: The most recent Uniform Crime Report (UCR), an important though incomplete snapshot of homicides nationwide, found that homicide had increased by 30 percent from 2019 to 2020.

But just-released data from the National Crime Victimization Survey (NCVS) paints a much less depressing picture. According to the 2020 NCVS report, the violent crime rate actually declined last year, if homicides are excluded. Moreover, the popular narrative that former President Donald Trump’s anti-China rhetoric caused some spike in hate crimes against Asian-Americans appears to be wrong. For Asian-American victims, both the violent crime rate and simple assault rate declined from 2019 to 2020.

It’s important to interpret these findings cautiously. The NCVS does not count homicides; the data comes from telephone interviews with random Americans. It’s thus a scientific survey, rather than a tally of actual crimes.

The UCR, on the other hand, consists of crimes reported to the FBI by law enforcement agencies. Police departments are not required to report any information at all, which means that the UCR is in some ways more accurate—these are verified reported crimes—but also more statistically unreliable. Year-to-year fluctuations in the data might represent different reporting procedures rather than any actual increase in crime; the overall number of crimes reported to the FBI is obviously just a small snapshot.

The public should take the findings from both reports with a grain of salt. It could be the case, obviously, that murders in cities increased while other categories of crime decreased elsewhere; it’s also possible that certain minority communities suffered increased crime in a manner that isn’t captured by the data. But with so much bad news about rising violence, the NCVS data suggests that things might not be as bad as we think.

“I opened the NCVS today fully expecting to see significant increases in violence and declines in reporting,” wrote John Pfaff, a law professor at Fordham University. “I figured it was going to tell a worse story than the UCR. So I was quite surprised by what I saw. It did not at all confirm my priors.”

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Winter Is Coming: Russia Signals No Extra Gas For Europe Without Nord Stream 2

Winter Is Coming: Russia Signals No Extra Gas For Europe Without Nord Stream 2

The big picture was clear to anyone who bothered to keep their eyes open: back in August, when we first reported that Russian supplies of nat gas via the Yamal pipeline had collapsed and when the first stirrings of the upcoming surge in nat gas prices were emerging, we said to “call it a perfect storm of declining supplies, lack of sufficient inventories and ongoing geopolitical posturing as Russia piles pressure on EU authorities to approve the dual-pipeline Nord Stream 2 project through the Baltic Sea and into Germany, while gas shippers are running low on time and, indeed, options to keep Europe adequately supplied this winter.”

Specifically, we also warned that “a worst case scenario could see European gas prices explode to suborbital levels that would make Jeff Bezos proud should the continent fail to stock up on sufficient nat gas amounts.

Indeed, that’s precisely what happened in the ensuing two months

But more importantly, even though Europe is now facing a devastating cold winter with widespread blackouts, Europe’s unelected bureaucrats still refuse to accept the reality in which Putin calls all the shots.

So perhaps to make it very clear what it would take to avoid a miserable, freezing winter, today Russia signaled that it won’t go out of its way to offer European consumers extra gas to ease the current energy crisis unless it gets something in return: regulatory approval to start shipments through the Nord Stream 2 pipeline.

In exchange for upping supplies, Bloomberg reports citing people close to state-run gas giant Gazprom and the Kremlin – that Russia wants what was clear to anyone – i.e., to get German and European Union approval to begin using the pipeline to Europe.

“We cannot ride to the rescue just to compensate for mistakes that we didn’t commit,” Konstantin Kosachyov, a top pro-Kremlin legislator in the upper house of parliament, said in an interview, without specifying what Russia is seeking. “We’re fulfilling all our contracts, all our obligations. Everything on top of that should be a subject for additional voluntary and mutually beneficial agreements.”

Well, Russia clearly has good lawyers to find all the loopholes that allow it to ship far less gas than it has recently while remaining in compliance with its contractual terms.

To underscore the point, Nord Stream 2 said Monday its first line is full of so-called technical gas and ready to begin operation, though it can’t ship it until regulatory approval is granted. That announcement came hours after European gas prices spiked on news that Gazprom had again bid for only a small amount of capacity to ship the fuel to Europe via other routes.

Amusingly, Bloomberg spins the narrative as if it is somehow Moscow’s responsibility to keep Europe warm saying that “as surging fuel costs have caused increasing economic havoc, pressure has grown on Russia, Europe’s largest supplier, to pump more. Extra Russian gas is seen as the main way to avoid an even deeper supply crunch in the middle of the winter.”

Actually, the truth is that if energy prices don’t plunge – and soon – the pressure will grow on Europe’s politicians to find gas at any price or meet an angry mob. As for Russia, as long as it complies with its contract, if it is willing to forego on marginal profits for additional gas exports well that’s entirely it’s decision.

Meanwhile, amid deep sanctions targeting the Kremlin which has emerged as the “biggest western enemy” as a distraction for Hillary Clinton’s catastrophic failure to win the 2016 presidency, the Kremlin has zero appetite to do any favors. Although exports to Europe are up this year from last year’s depressed levels, they lag those seen in 2019, according to the Oxford Institute for Energy Studies. Daily flows have dropped in October and Gazprom has been slow to refill storage facilities it owns in Europe, adding to upward pressure on prices. Russia has blamed an overly hasty shift to relying on spot markets and alternative energy sources for the crisis.

Mocking the gullible Europe, last week President Vladimir Putin suggested at an energy conference that Russia could offer more gas. But he also lamented the slow progress on getting approval for Nord Stream 2, a process that could take until well into next year. German regulators are currently reviewing its application for certification but have said their initial decision could come only in January, after which the European Commission would also have to give the go-ahead.

“If we could increase deliveries through this route, this would substantially ease tension on the European energy market,” Putin said. “However, we cannot do this so far because of the administrative barriers.”

In other words, if Europe freeze this winter it has nobody to blame but itself… and the ESG lobby of course, whose impact has led to a collapse in traditional fossil fuel investments.

 

 

 

Tyler Durden
Tue, 10/19/2021 – 09:21

via ZeroHedge News https://ift.tt/3C1a1nq Tyler Durden

Survey Finds No Rise in Anti-Asian Violence, Assaults Declined in 2020


campbell-jensen-b6hJHLGpPiI-unsplash

Some recent evidence has suggested that the national period of declining crime—which began in the mid-1990s, as rate of violence fell dramatically in the U.S.—may be over: The most recent Uniform Crime Report (UCR), an important though incomplete snapshot of homicides nationwide, found that homicide had increased by 30 percent from 2019 to 2020.

But just-released data from the National Crime Victimization Survey (NCVS) paints a much less depressing picture. According to the 2020 NCVS report, the violent crime rate actually declined last year, if homicides are excluded. Moreover, the popular narrative that former President Donald Trump’s anti-China rhetoric caused some spike in hate crimes against Asian-Americans appears to be wrong. For Asian-American victims, both the violent crime rate and simple assault rate declined from 2019 to 2020.

It’s important to interpret these findings cautiously. The NCVS does not count homicides; the data comes from telephone interviews with random Americans. It’s thus a scientific survey, rather than a tally of actual crimes.

The UCR, on the other hand, consists of crimes reported to the FBI by law enforcement agencies. Police departments are not required to report any information at all, which means that the UCR is in some ways more accurate—these are verified reported crimes—but also more statistically unreliable. Year-to-year fluctuations in the data might represent different reporting procedures rather than any actual increase in crime; the overall number of crimes reported to the FBI is obviously just a small snapshot.

The public should take the findings from both reports with a grain of salt. It could be the case, obviously, that murders in cities increased while other categories of crime decreased elsewhere; it’s also possible that certain minority communities suffered increased crime in a manner that isn’t captured by the data. But with so much bad news about rising violence, the NCVS data suggests that things might not be as bad as we think.

“I opened the NCVS today fully expecting to see significant increases in violence and declines in reporting,” wrote John Pfaff, a law professor at Fordham University. “I figured it was going to tell a worse story than the UCR. So I was quite surprised by what I saw. It did not at all confirm my priors.”

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Evergrande Makes Onshore Coupon Payment As Offshore Creditors Brace For Official Default

Evergrande Makes Onshore Coupon Payment As Offshore Creditors Brace For Official Default

One month ago, when the world was gripped by the crisis involving China’s 2nd largest property developer Evergrande, we said that “Beijing will pay local bondholders and soft nationalize Evergrande, but will avoid allegations of backsliding on tightening/deleveraging promises and and “common prosperity” by stuffing foreign creditors.”

Since then, that’s precisely what has happened with the company making one onshore coupon payment while withholding all payments to offshore creditors. Then, overnight, Reuters reported that Hengda Real Estate Group, Evergrande’s flagship unit, has remitted funds to pay an onshore bond coupon of 121.8 million yuan ($19 million) due on Tuesday. Citing sources, Reuters noted that the company needs to prioritize its limited funds towards the domestic market where the stakes are much higher for the country’s financial system.

And while Evergrande scrambles to squeeze every last drop of liquidity as it seeks to at least repay local creditors and holders of WMPs, things are going from bad to worse for the company whose deal to sell a 51% stake in its property services unit has been put on hold, Reuters also reported, “in a blow to the embattled developer’s hopes of avoiding a potentially disruptive default.”

The company had been in talks to sell the stake in Evergrande Property Services to smaller rival Hopson Development Holdings for around HK$20 billion, sources previously told Reuters. However, the deal, which was set to be the biggest asset sale for the company, has been put on hold as it has yet to win the blessing of the Guangdong provincial government, which is overseeing Evergrande’s restructuring, one of the people said on Tuesday. While, it was not immediately clear why the Guangdong provincial government has not approved the Evergrande Property Services transaction, some of Evergrande’s offshore creditors had also opposed the deal, Reuters sources added. Another source said the announcement of the deal will be delayed, pending China’s regulatory approval. The deal has already won Hong Kong Stock Exchange’s special approval.

In more bad news for Evergrande, last week Chinese state-owned Yuexiu Property pulled out of a proposed $1.7 billion deal to buy Evergrande’s Hong Kong headquarters building over worries about the developer’s dire financial situation.

Yet while Evergrande has been careful not to impair local creditors, offshore bondholders have little to look forward to: an Evergrande bond due March 23, 2022 will officially be in default on Oct 23 when the 30-day grace period for a missed coupon payment that had been due on Sept. 23 expires.

Still, and somewhat paradoxically, the wider offshore bond market has responded positively despite a crippling slowdown in China’s property market after soothing words from China central bank’s and coupon payments by two other major developers. An index of China high-yield debt which is dominated by property developer issuers, has seen spreads tighten from last week’s record levels to around 1,484 points on Tuesday.

The move was catalyzed in large part by another local property giant, Sunac China, which has a $27.14 million payment due Tuesday, and which has paid its bondholders, a source with knowledge told Reuters. At the same time, Kaisa Group said on Monday it had also paid a coupon due Oct. 16 and it plans to transfer funds for a coupon worth $35.85 million due Oct. 22 on Thursday.

Bonds from Chinese developers that gained on Tuesday included Modern Land’s 2022 bonds which bounced over 8% to 40.250 cents on the dollar, while Central China Real Estate’s 2024 bonds climbed over 5% to 44.843 cents.

It was not all good news, however, and on Monday, smaller developer Sinic Holdings defaulted on $246 million in bonds as expected; It had previewed the default last week, saying it did not have sufficient financial resources

In an attempt to ease mounting concerns about China’s sudden property deep freeze, in the past few days, the People’s Bank of China has said spillover effects on the banking system from Evergrande’s debt problems were controllable and that China’s economy was “doing well”. Just like what we heard around the time Lehman failed. 

Tyler Durden
Tue, 10/19/2021 – 09:06

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Doctors Can Prescribe Ivermectin, Hydroxychloroquine Off-Label For COVID-19: Nebraska AG

Doctors Can Prescribe Ivermectin, Hydroxychloroquine Off-Label For COVID-19: Nebraska AG

Authored by Mimi Nguyen Ly via The Epoch Times,

Nebraska Attorney General Doug Peterson issued a legal opinion saying that his office won’t seek disciplinary action against doctors who prescribe hydroxychloroquine or ivermectin as off-label medicines to treat or prevent COVID-19, as long as they are not engaging in any misconduct.

The opinion (pdf), issued on Oct. 15, was in response to a request from Dannette Smith, CEO of the state’s Department of Health, which licenses and disciplines doctors. Smith asked whether it would be “deemed unlawful or otherwise subject to discipline” for doctors to prescribe ivermectin, hydroxychloroquine, or other “off label use” medications to treat or prevent COVID-19.

The Republican attorney general said in the opinion that his office finds “the available data does not justify filing disciplinary actions against physicians simply because they prescribe ivermectin or hydroxychloroquine to prevent or treat COVID-19.”

Health care providers in general may be subject to discipline if they “neglect to obtain informed consent, deceive their patients, prescribe excessively high doses, fail to check for contraindications, or engage in other misconduct,” wrote Peterson.

He said his office is not recommending any particular treatment options for COVID-19, but only the off-label early treatment options as raised by the health department “and conclude that the available evidence suggests that they might work for some people.”

The opinion continues, “Allowing physicians to consider these early treatments will free them to evaluate additional tools that could save lives, keep patients out of the hospital, and provide relief for our already strained health care system.”

The legal opinion also noted that there may be other promising off-label medicines to tackle the CCP (Chinese Communist Party) virus, which causes COVID-19.

Hydroxychloroquine, an anti-inflammatory and anti-malarial medication, gained prominence and heavy scrutiny after former President Donald Trump said he was taking it as a prophylactic.

Last year, medical journal The Lancet initially published a paper condemning hydroxychloroquine before retracting it after more than 100 medical professionals raised major issues with the study.

Facebook, Twitter, and YouTube in July 2020 removed videos of a group of doctors who advocated for its use as early treatment and prophylaxis amid the pandemic.

A study published in the American Journal of Medicine on Jan. 1 found that hydroxychloroquine helped lower mortality in the early treatment of COVID-19.

The World Health Organization in March advised against the use of hydroxychloroquine for COVID-19.

Ivermectin, a generic medicine widely used against some parasitic worms as well as to treat scabies, lice, and rosacea in humans, has been praised by some doctors as a life-saving early treatment for COVID-19.

Two groups, the Front Line COVID-19 Critical Care Alliance and the British Ivermectin Recommendation Development Group, have urged for the off-label use of ivermectin for COVID-19. There are at least 63 studies, of which 45 are peer-reviewed, on the treatment of COVID-19 with ivermectin.

The American Medical Association, the American Pharmacists Association, and the American Society of Health-System Pharmacists, said in a joint statement in September they were against its use outside of a clinical trial as a COVID-19 drug.

In Australia, the therapeutics regulator has restricted the prescription of ivermectin for COVID-19 and other off-label use only for certain specialists, including infectious disease physicians, dermatologists, gastroenterologists, and hepatologists.

*  *  *

Jarrad Winter, via AmericanThinker.com, has broken down a few key sections from the AG’s lengthy opinion.

As to the question of ivermectin as a treatment option:

The Mahmud study–a CRT that explored ivermectin as an early treatment for 363 individuals–concluded that “patients with mild-to-moderate COVID-19 infection treated with ivermectin plus doxycycline recovered earlier, were less likely to progress to more serious disease, and were more likely to be COVID-19 negative on day 14. And Niaee’s research team found that ivermectin can help even hospitalized patients. That group conducted a “randomized, double-blind, placebo-controlled, multicenter clinical trial” with 180 hospitalized patients diagnosed with COVID-19. They concluded that ivermectin “reduces the rate of mortality and duration of hospitalization in adult COVID-19 patients,” and the improvement of other clinical parameters showed that the ivermectin, with a wide margin of safety, had a high therapeutic effect on COVID-19.

What initially made ivermectin a target for all the inexplicable slander?

Why would ivermectin’s original patent holder go out of its way to question this medicine by creating the impression that it might not be safe? There are at least two plausible reasons. First, ivermectin is no longer under patent, so Merck does not profit from it anymore. That likely explains why Merck declined to “conduct clinical trials” on ivermectin and COVID-19 when given the chance. Second, Merck has a significant financial interest in the medical profession rejecting ivermectin as an early treatment for COVID-19.

As to the question of hydroxychloroquine as a treatment option:

In 2004, long before the COVID-19 pandemic began, a lab study revealed that chloroquine “is an effective inhibitor of the replication of the severe acute respiratory syndrome coronavirus (SARS-CoV) in vitro” and thus that it should be “considered for immediate use in the prevention and treatment of SARS-CoV infections”. The following year, another paper explained that “chloroquine has strong antiviral effects on SARS-CoV” and “is effective in preventing the spread of SARS[-]CoV in cell culture.”

It is widely recognized in the medical community that hydroxychloroquine is generally safe, so safe in fact that it may be prescribed to pregnant women and “children of all ages.”

What made hydroxychloroquine controversial in the first place?

A striking example features one of the world’s most prestigious medical journals–the Lancet. In the middle of the COVID-19 pandemic, the Lancet published a paper denouncing hydroxychloroquine as dangerous. Yet the reported statistics were so flawed that journalists and outside researchers immediately began raising concerns. Then after one of the authors refused to provide the analyzed data, the paper was retracted, but not before many countries stopped using hydroxychloroquine and trials were cancelled or interrupted. The Lancet’s own editor in chief admitted that the paper was a “fabrication, a monumental fraud,” and “a shocking example of research misconduct in the middle of a global health emergency.”

Interesting note about ivermectin and hydroxychloroquine hesitancy:

As for professional associations’ and physician groups’ views on hydroxychloroquine, it appears they generally adopt the same position they did on ivermectin. Those like the AAPS who support ivermectin as an option for early COVID-19 treatment generally support hydroxychloroquine too, while those like the AMA, APhA, and ASHP that oppose one typically resist the other.

The AG’s conclusion:

Allowing physicians to consider these early treatments will free them to evaluate additional tools that could save lives, keep patients out of the hospital, and provide relief for our already strained healthcare system.

*  *  *

Read the full opinion below:

Tyler Durden
Tue, 10/19/2021 – 08:45

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US Housing Starts, Building Permits Plunge In September

US Housing Starts, Building Permits Plunge In September

Following August’s surprisingly large jump, building permits and housing starts were expected to slow down significantly in September, and slow-down they did.

After the 5.6% MoM surge (revised down from +6.0% MoM) in August, Building Permits plunged 7.7% MoM in September (dramatically worse than the 2.4% MoM drop expected).

Housing Starts were dramatically revised lower in August (from +3.9% MoM to +1.2% MoM) and September saw starts tumble 1.6% MoM (considerably worse than the 0.0% expected).

Source: Bloomberg

Permits are at their lowest level since September 2020 and Starts are at 6-month lows…

Source: Bloomberg

Multi-family permits plunged 21% SAAR from 630K to 498K while single-family permits slide to 1.041MM, the lowest since July 2020.

Single-family home starts were unchanged at 1.080MM while multi-family starts dropped 5.1% SAAR from 492K to 467K

All of which is odd given that NAHB sentiment just rebounded strongly…

Maybe homebuyers know better after all.

Tyler Durden
Tue, 10/19/2021 – 08:38

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

The Second Amendment vs. the Seventh Amendment: Accountability and Understanding of Gun Owners and Civil Jurors

In yesterday’s post, I laid out two fundamental differences between the Second and Seventh Amendments that I discuss in a piece in the Northwestern Law Review. In this post, I address the first difference: I compare the individual responsibility and understanding of responsibilities of gun owners and civil jurors.

Successful public policy depends on paying close attention to the accountability principle. Who is accountable, and how is that accountability enforced? Incentives matter. Gun owners and users have considerable incentives to behave responsibly; civil jurors have very few.

Incentives and knowledge of gun owners and users

Gun owners and users have direct, individual responsibility for their actions. They have an incentive to be careful because of concern for the safety of their families and friends. And if they do something foolish or malicious with a gun, they are individually liable—not just liable under civil law but also criminal law. They may be sued or prosecuted for what they do. Such individual liability has a way of focusing the mind.

This individual responsibility seems to influence behavior. Proponents of gun-carry bans predicted mayhem in the streets after Florida passed a permissive concealed-carry law in 1987.  But these dire predictions have not come to pass. Permissive concealed-carry laws appear to have had no adverse effect on public safety. In 1995, the New York Times admitted that “Florida’s experience has generally provided strong arguments for proponents of the right-to-carry bills …. Even those who opposed the measure said it had not led to the increase in violence they had feared…. [H]andgun-related homicides in Florida dropped by 29 percent from 1987 to 1992 ….” (Sam Howe Verhovek, States Seek to Let Citizens Carry Concealed Weapons, N.Y. Times, Mar. 6, 1995, at A1, A14.)

The most solid data available on crime rates for legal gun owners in the United States concern holders of concealed-carry licenses. States generally keep track of how many licenses are issued, and the crimes that holders of these licenses commit. John Lott has made calculations using such data; I have followed his general method, but have used different data. There may well be differences between the crime profiles of carry license holders and those of other legal gun owners. But for now, the best data we have concerns carry permit holders.

The data show that concealed-carry permit holders are remarkably law-abiding. And there are a lot of them. According to statistics through April 30, 2021, Florida alone had 2,363,898 valid concealed-carry license holders. For the period from July 1, 2019 to June 30, 2020, Florida revoked 1,546 concealed-carry permits. Using these numbers, which are close in time, this is an annual revocation rate of just under 0.068%—hundredths of a percent. Florida requires revocation of these licenses for all felony convictions and certain misdemeanor convictions, and there is an option to revoke in certain instances such as mental or physical incapacitation. To provide some comparison, in 2019 the rate of violent crime in Florida as a percentage of the population was 0.382%. As I explain in the Northwestern Law Review article (pp. 282-83), the crime rates of carry-permit holders are low in other states as well.  They may even be lower than that of police officers.

The data therefore suggest that legal gun owners and users are careful to obey the law. Furthermore, the legal responsibilities that gun owners and users have are relatively simple and readily understood by ordinary persons. It doesn’t require an advanced degree to understand the notion of reckless endangerment, or the possible consequences of a toddler getting hold of a loaded gun. To be sure, certain requirements that governments impose can be precise, such as storing guns in a locked container unless they are equipped with certain safety devices. But again, these requirements are not difficult to understand.

This ability to understand, together with concern about consequences, affects not only crime rates, but accident rates. Gun accidents are extremely rare, except among a small, identifiable subset of the population. As Gary Kleck put it in his 1997 book Targeting Guns, p. 321, “Gun accidents are generally committed by unusually reckless people with records of heavy drinking, repeated involvement in automobile crashes, many traffic citations, and prior arrests for assault.” Notwithstanding these reckless folks, accidental firearms deaths have been falling for the past four decades, including for children, and are today at an all-time low. (Nicholas J. Johnson, David B. Kopel, George A. Mocsary & Michael P. O’Shea, Firearms Law and the Second Amendment: Regulation, Rights, and Policy 18, 22-25 (2d ed. 2018).)

Civil jurors: collective decision-making and confusion

Contrast the individual responsibility of gun owners and users—and their ability to understand their responsibility—with that of civil jurors. Juries are designed precisely to avoid individual responsibility. English high court judge and criminologist James Fitzjames Stephen pointed out that the traditional number of jurors—twelve—is enough to preclude any notion of individual responsibility. The modern move to six jurors focuses responsibility somewhat more, but still leaves individual jurors with cover. The traditional requirement of unanimity further shields jurors from individual responsibility. Unless the parties agree otherwise, federal civil juries are still required to be unanimous. And jury deliberations occur in secret. Jurors do not give reasons for what they do.

Not only do jurors engage in purely collective, secret decision-making, they are entirely shielded from the consequences of a faulty decision. If a jury completely misunderstands the evidence, or the instructions on the law, or is improperly swayed by the emotional arguments of counsel, or flagrantly disregards the law or the evidence, there is no consequence to the jurors whatsoever. The judge congratulates the jurors on reaching a verdict and thanks them profusely for their service, regardless of whether they have botched the decision.

The consequences of civil jurors’ lack of individual responsibility for their decisions are legion. One of the most salient has to do with giving away other peoples’ money. Studies have consistently shown that the area of greatest disagreement between judges and jurors is damages. (See my Northwestern piece at p. 284, note 31.) Judges do have some individual responsibility for their decisions. Judges are named as the decision-makers, either alone or in a small group; must generally give reasons for their decisions; usually care about reversal by appellate courts; and often are concerned about their reputations among other judges and lawyers. Jurors lack almost all these characteristics. There is therefore some constraint on judges in awarding damages that there is not on jurors. Jurors are prone to the typical effects on most humans of spending others’ money on someone else, with no accountability. The problem is well illustrated by the 2009 tweet of an Arkansas civil juror: “I just gave away TWELVE MILLION DOLLARS of somebody else’s money!”

But even if a juror is soberly trying to do his or her level best, the task is daunting. Civil cases today are often complicated. Many studies have shown that jurors have trouble understanding the judge’s instructions on the law, especially concerning damages. (See my Northwestern piece at p. 284, note 31.)

Jurors also can have difficulty understanding the facts. Much evidence today concerns complex transactions or advanced technology, and is in scientific or mathematical form. These topics and forms of evidence do not play to the strengths of ordinary jurors—particularly when one side has great incentive to remove anyone educated from the jury. And dueling partisan expert witnesses can add to juror confusion. Jurors are often baffled. As a result, litigators presenting a case to a jury go to great lengths to reduce the case to simple terms. In the process, the issues can be hopelessly distorted. For example, a litigant at trial in an intellectual property case might strongly emphasize a trade dress claim because that is easier for jurors to understand, and thus hope to win jurors’ favor on a complicated patent infringement claim, which is really the most important issue in the case.

Unlike gun owners, civil jurors lack individual responsibility and have difficulty understanding the tasks that they are assigned. This lack of accountability and confusion were why civil juries were controversial at the time of the founding.

The next post dives into Alexander Hamilton’s critique of the civil jury and concern about constitutionalizing such a right. This leads into the second major difference between the Second Amendment and the Seventh: the difference between substantive and procedural rights.

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“I Would Convince People” – Trump Says US Wouldn’t Need COVID Vaccine Mandate If He Was President

“I Would Convince People” – Trump Says US Wouldn’t Need COVID Vaccine Mandate If He Was President

President Trump has a very simple solution for President Biden’s problem of vaccine credibility.

“I would sell it to them,” the former president said during an interview with former Fox News host Bill O’Reilly that aired last night on The First TV.

He added that when he was president there was “no talk of” vaccine mandates, and added that in under nine months, his administration helped produce not one but three vaccines, all of which have proven to be the industry standard around the world.

“I wouldn’t say to anybody, ‘You have to.’ But I would sell it. Look, I’m very proud of what we did with the vaccines,” Trump told political news host Bill O’Reilly in an interview that will air at 8 p.m. Monday on The First TV.

“It was supposed to take five years and they said it wasn’t going to work. I did three vaccines in less than nine months and they do work, they work really well.

[…]

“I would convince people, take it. I don’t want to push it…when I was president, there was no talk about mandates or anything. Everybody wanted the vaccine. Now a lot of people don’t want it.”

Trump has good reason to remember the pace of vaccine development all too well, since the first vaccine trial data were released roughly a week after the Nov. 3 election.

That, according to Trump, has allowed President Biden to take credit for the vaccines, which were funded – let’s remember – by federal dollars flowing out of Operation Warp Speed. President Biden and Vice President Kamala Harris have both tried to take credit for the jab even though at one point they suggested they were suspicious of any jab developed under the Trump organization?

Already, 79% of US adults and 77% of people over age 12 have had at least one COVID jab, which is a rate much higher than other countries, like Russia, where the adult population has largely rejected the jab.

Biden last month justified his new vaccine mandates by arguing that vaccine refusers were recklessly endangering others. “Our patience is wearing thin, and your refusal has cost all of us,” Biden said. Meanwhile, Chicago Mayor Lori Lightfoot just accused the city’s Fraternal Order of Police – the city’s biggest police union – of trying to foment an “insurrection” in a city that’s hounded by gun violence day in, day out.

Tyler Durden
Tue, 10/19/2021 – 08:20

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When ‘Transitory’ Leads To ‘Permanent’ Mistakes

When ‘Transitory’ Leads To ‘Permanent’ Mistakes

Authored by Bill Blain via MorningPorridge.com,

“Everything transitory is but an image…”

The biggest risk to markets have always been policy mistakes by central banks and/or governments. The risks are rising as confusions about inflation abound. The reality is Central banks have tripped themselves – by assuring us inflation was transitory, they’ve pretty much nailed on its permanence!

Policy Mistake Risk and Inflation

Early doors y’day I was listening to Professor David “Danny” Blanchflower on the radio – ex Bank of England economist and Monetary Policy Committee member. He made a telling comment about the news BoE Governor Andrew Bailey is pushing for a rate hike at the November 4th MPC rate-setting meeting – dismissing every single rate hike since 2007 as a “policy mistake”. He’s spot on. He also reckons a deep recession is about to hit the US – based on his analysis of consumer anxiety and fears – and if the US catches a cold, then the UK will be thumped!

Is the BoE about to make a policy mistake? Markets sure seem to think so”, says a senior portfolio manager at Allianz this morning in the FT: “Investors worry over potential BoE rates ‘mistake’. Hmm…. Imagine that.. and investor who has figured out rising rates aren’t necessarily good for his book? Who would have guessed.. ?

Policy mistakes are a massive market risk. Don’t believe Central Banks and Politicians are omnipotent. The issue is defining what would be a policy mistake and what is a POLICY MISTAKE.

For instance; Financial Assets remain seriously distorted by the consequences of the last 10 years of QE and ultra-low interest rates. It would be a policy mistake not to unravel the multiple negative market consequences of bad policy. However, to do so – by tapering QE purchases, raising interest rates, and causing investors to question the implicit put they think Central Banks have given markets – will likely trigger a market tumble, and thus be a policy mistake.

It becomes a Policy Mistake when Central Banks give up trying to pull the wool over our eyes about “transitory inflation” (the market equivalent of being a little bit pregnant), yet hike rates into the face of a supply chain recession, spurred on by Governments wanting to rein back debt by introducing austerity programmes and tax hikes. That’s a combined central bank policy mistake and a political Policy Mistake = triggering a run on the currency caused by rising competency fears about the debt they are trying to cut which will herald and imported inflation spike.. Etc, etc…

On the other hand, the most recent US retail sales data was exceptionally strong – was it a real spending splurge by consumers following the pandemic, or was it retail stocking up in the expectation of shortages to come?

Blanchflower and many other economists are still in the transitory inflation cap, citing US Lumber prices earlier this year – which spiked higher as builders hoarded timber on anticipated shortages, but quickly fell as the demand spike proved unsustainable.

Which leads to the question when does a price spike lead to transitory or long-term inflation? Retail Prices tend to demonstrate fluidity on the way up, but are notoriously sticky once they peak. Central banks might think the prices retail consumers encounter in the shops respond to stimulus like bond prices – they don’t.

Rising prices clearly colour expectations and purchase decisions. If folk accept inflation is transitory they will just keep buying – which means prices remain high.

Doh! – you see the problem…?

Belief in something being transitory is likely to make it permanent. If prices remain high that triggers wage inflation. Etc, Etc. Jay Powells comments on “Transitory Inflation” might just go down alongside Alan Greenspans “If you understood me, I misspoke” comments in the Big Book of Central Bank Moments.

I guess the coming holiday spending season will be .. interesting… Container ports around the globe remain clogged up, lorry drivers are scarcer than hen’s teeth, labour costs are under pressure (I’ll be intrigued to see what Amazon et al pay their Christmas hires this year..), and supply chain glitches put manufacturing under pressure… just how transitory do you expect it all to be?

Meanwhile, big trouble in big China

The market flow yesterday confirmed we are certainly living in interesting times…. China’s sub 5% growth raised recessionary fears around the globe… 4.9% growth would be considered stellar in most developed economies, but the fact China is struggling with supply chains, soaring energy costs, and the unfolding Evergrande debacle and potential contagion is illustrative.

I suspect our view of the implosion of the Chinese property sector is a bit like watching ducks on a windy day – serenely floating on the surface looking unperturbed, but furiously paddling below the waterline. It’s worse than it looks. The realisation of just how heavily dependent the economy is on property sales – looks unsustainable.

The consensus is $50 bln held by Evergrande bond holders will suffer most. Domestically, it’s a different tale; even as more property firms default the CCP will try to ensure the real estate sector is “stable and orderly”. Evergrande’s domestic liabilities of some $148 bln plus will no doubt be dealt with in order not to unleash a tide of domestic business defaults and retail pain – but it will have to be done in a manner that doesn’t look like a bailout.

It’s likely to get messy. The Chinese will find trying to micromanage the property sector by simultaneously disciplining banks on property company lending, while encouraging mortgage lending to mop up surplus supply creates all kinds of opportunities for speculators. Keep an eye on that space.. I suspect China will continue to contract. When China catches a cold, the rest of us will probably break out in pustules…

Tyler Durden
Tue, 10/19/2021 – 08:04

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