Should the Government Get to Define ‘Native-American’ Art? One Woman’s Free Speech Fight: New at Reason!

Peggy Fontenot is a successful Native American artist who can’t call her work “Native made” or “Indian made” in Oklahoma because of a recently passed law. The law narrowed the definition of Native artist to only people from federally recognized tribes; Fontenot is from a state recognized tribe, the Patawomeck.

She is suing the state over the law, saying that it violates her free speech rights. “To call every state-recognized tribe fake and illegitimate is just broad sweeping and wrong,” Fontenot told Reason.

Click here for full text, a transcript, and downloadable versions.

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Dems File Impeachment Articles Against Trump, High School Bans Five Offensive Words, Possibly Hospitable Planet Found Near Earth: P.M. Links

  • A group of House Democrats have filed impeachment articles against President Trump.
  • Ohio postponed the execution of Alva Campbell after they couldn’t find a usable vein; Campbell had previously requested to be killed by firing squad because of his vein issues but was denied by a judge.
  • A high school in Pennsylvania will ban the use of five words it deemed the most offensive and popular among students.
  • The African Union says the military ouster of Robert Mugabe in Zimbabwe amounted to a coup.
  • Hungary is upset over U.S. plans to fund local media ahead of next year’s elections there.
  • Terry Crews named his alleged assailant, a Hollywood executive against whom he filed a police report, and said he would “not be shamed.”
  • Three UCLA players apologized for shoplifting in China after being released.
  • National security expert and “FOIA legend” Jeffrey Richelson died aged 67.
  • A new planet that could be hospitable to alien life has been discovered oribiting Ross 128, just 11 light years away.

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Roy Moore To Hold Unplanned Press Conference At 5pm EST

Amid spiraling accusations of sexual misconduct, Alabama Senate candidate Roy Moore has just announced that he and his attorney will hold an unplanned press conference at 5pm EST to address “recent allegations against Judge Moore”…which gives the world just under 1 hour to speculate as to whether Moore will resign or seek to defend himself.

Of course, just yesterday Fox News host Sean Hannity gave Moore exactly 24 hours to respond to growing “inconsistencies” in his story or drop out of the race.  Per Politico:

Fox News host Sean Hannity walked back Tuesday night his original remarks insinuating that the five women accusing Alabama Senate candidate Roy Moore of sexual assault when they were teenagers might be lying.

 

“For me, the judge has 24 hours,” Hannity said. “You must immediately and fully come up with a satisfactory explanation for your inconsistencies that I just showed.”

 

Hannity’s break with his original comments follows a cascade of Republican figures distancing themselves from the GOP candidate, including the Republican National Committee.

 

Hannity on Thursday defended Moore, and on Friday held an interview in which the Alabama Senate candidate stopped short of flatly denying allegations that he sexually assaulted teenage girls when he was the Etowah County district attorney. “How do you know if it’s true? How do we — what’s true? What’s not true? How do you ascertain the truth? What happens when it’s 38 years later?” Hannity asked Thursday.

 

When asked Friday if he ever dated teen girls, Moore replied, “Not generally, no.”

 

On Tuesday, Hannity altered his position.

 

“Between this interview that I did and the inconsistent answers. Between him saying ‘I never knew this girl,’ and then that yearbook comes out,” Hannity said. “You must remove any doubt. If you can’t do this, then Judge Moore needs to get out of this race.”

It seems his 24 hours is officially up…

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Stocks Sink On Tax Trouble As Yield Curve Carnage Continues

It's been a while…

 

The S&P 500 and USDJPY were utterly inseparable today…

 

Futures show the swings better once again…with the late day fade on Senator Johnson…

 

And while stocks tried their best to 'get back to even' – they failed… Another day, another BTFD parade…

 

VIX topped 14.5 today briefly… then was ripped lower into the european close… then towards the close at Senator Johnson said NO on the tax bill, markets weakened once again…

 

Financials entirely ignored the collapse in the yield curve…

 

High yield bond ETFs plunged today – the most in 3 months at one point – but then rallied back to unchanged…

 

Perhaps it was the oversold signal?

 

High yield bond risk surged above 400bps for the first time in 3 months…

 

With quite notably different short-interest…

 

High Yield Bond implied vol has moved notably more than equity implied vol for now…

 

The mixed picture across the Treasury complex is extremely evident this week…

 

The yield curve just keeps collapsing… 5s30s plunged to a 73bps handle today – flattest since Nov 2007

 

Even as 10Y spec longs have been cut…

 

But the Aggregate – 10y-normalized – positioning across the entire Treasury Futures complex is notably short still…

 

The Dollar Index v-shape recovered after this morning's economic data dump…

 

We do note that Senator Johnson stating he would vote against the tax bill sent the dollar lower…

 

Overnight saw Chinese (industrial) commodities plunge…

 

WTI/RBOB ended the day lower but bounced off post-DOE lows…

 

Gold and Silver ended the day lower as the dollar surged after Europe closed…

Finally, there's this…

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2017 a Record Year for Opium Poppy Cultivation in Afghanistan

Opium poppy cultivation has hit a record high in Afghanistan, according to a report from the United Nations Office on Drugs and Crime and Afghanistan’s Ministry of Counter Narcotics. The milestone is just the latest in a long string of failures associated with Washington’s 16-year war in Afghanistan and its even longer ;war on drugs.

The U.S. has spent more than $100 billion on reconstruction in Afghanistan since 2002, and more than $8 billion on counternarcotics efforts alone. Yet while 750 hectares of poppy fields have been eradicated there this year, another 328,000 hectares were cultivated in 2017—up from 201,000 hectares in 2016.

According to the U.N., the average yield this year has been about 27 kilograms per hectare—up from 23 kilograms last year. And three formerly poppy-free provinces are once again hosting poppy fields.

“Rule of law-related challenges, such as political instability, lack of government control and security, as well as corruption, have been found to be main drivers of illicit cultivation,” the report says. It adds that “scarce employment opportunities, lack of quality education and limited access to markets and financial services” all play a role in pushing farmers into the opium trade. Afghan security forces have also shifted their focus toward anti-government rebels in urban areas, creating more room for poppy production in the countryside. And agricultural advances—fertilizers, pesticides, “the use of solar panels for powering irrigation pumps”—may have also played a role.

The report notes that increased poppy cultivation and trafficking of opiates “will probably further fuel instability, insurgency and increase funding to terrorist groups in Afghanistan.” It will also mean “more high quality, low cost heroin” reaching consumers around the world.

The report does not offer much in the way of policy proposals. It suggests that “continuing analysis and monitoring of the links between the rule of law, illicit drug cultivation, production, and trafficking” will help support the Afghan government’s eradication efforts—typically mushy bureacuratic lingo from the United Nations. For the United States, though, the policy conclusions ought to be simple: The war in Afghanistan and the war on drugs are both failures, and the U.S. should extricate itself from both. Whatever our forces are doing there, it doesn’t seem to be helping.

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Senator Ron Johnson Becomes First Republican Opposed To Tax Bill

Senator Ron Johnson (R-WI) just became the first Republican to officially declare that he will no support the GOP tax bill that the White House still hopes to pass before Christmas.  Speaking to the Wall Street Journal, Johnson said that he will not support the Senate bill on the basis that it unfairly benefits corporations over other pass-through entities.

“If they can pass it without me, let them,” Mr. Johnson said in an interview Wednesday. “I’m not going to vote for this tax package.”

 

“I don’t like that process,” Mr. Johnson said. “I find it pretty offensive, personally.”

 

Mr. Johnson said Republican plans prioritize corporations over “pass-through” entities—sole proprietorships, partnerships, limited liability companies and S Corporations—whose owners pay taxes through individual returns and at individual income-tax rates, rather than corporate rates. The Senate plan, like the House plan, proposes to cut the corporate rate from 35% to 20%.

 

Top rates for pass-through filers would remain over 30% in the Senate version of the bill and the House bill substantially constrains how much pass-through income could be taxed at a new 25% rate.

 

“I have no problems in making all American businesses competitive globally,” Mr. Johnson said. “This isn’t anti-big corporation at all. When you’re going to do a tax reform, you have to treat them equitably so they can maintain their competitive position here at home as we’re making them competitive globally.”

Ron Johnson

Of course, Republicans have a narrow path to clearing the tax plan through the Senate as they can only afford to lose two GOP senators and
still let Vice President Pence break a tie.

Other Senate Republicans have also expressed concerns including Jeff Flake (R-AZ), Susan Collins (R-ME) and John McCain (R-AZ) who has expressed reservations about Republican plans to repeal the insurance coverage mandate in the Affordable Care Act as part of a tax overhaul.

Meanwhile, the question now becomes whether Johnson’s public opposition will open the floodgates for other GOP senators to express their concerns.

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A Guide To Where (And How) Harvey Weinstein Might Go To Jail

Harvey Weinstein’s days as a free man are numbered. Last week, the NYPD’s first detective revealed that investigators believe they have enough evidence to charge Weinstein with rape for reportedly twice attacking actress Paz de la Huerta in 2010 at her apartment, and revealed that an indictment could be approved by a grand jury as soon as this week.

So far, 84 women have come forward with allegations of rape, groping and harassment at the hands of Harvey Weinstein, whether he will face jail time will be determined in part by the statute of limitations where the alleged crimes were committed.

According to the Hollywood Reporter, many of the cases likely will go unprosecuted for having been reported too late. At least, that’s what French authorities seem to believe is the case for incidents at the Cannes Film Festival. That leaves L.A., Sundance home Park City, London and NYC, and the latter is considered by experts as the jurisdiction most likely to file charges.

After it surfaced that Manhattan District Attorney Cyrus Vance Jr. quashed a NYPD investigation into Weinstein back in 2015, and then took a campaign donation from one of Weinstein’s lawyers, The NYPD is believed to be the jurisdiction most likely to prosecute – and is the only one of the investigations in at least four municipalities – including an investigation at the FBI – that appears to be nearing an arrest.
Vance, facing criticism for choosing not to seek indictment after the producer was caught on tape admitting to groping model Ambra Battilana Gutierrez in 2015, is a politician, and knows that even his relatively comfortable seat in the Manhattan DA’s office would be vulnerable if he didn’t seek some kind of political penance.

The experts seem to agree.

"Given that district attorneys are elected, as a general matter they can be more susceptible to political pressure," says federal prosecutor turned entertainment litigator Mathew Rosengart.

However, Weinstein's lawyers – Hollywood go-to defense attorney Blair Berk and Manhattan attorney Benjamin Brafman, whose résumé includes a dismissal of sexual assault charges against former IMF head Dominique Strauss-Kahn – insist an indictment isn't imminent.

But the NYPD has been assiduously clear. Investigators expect to arrest Weinstein soon – maybe today even.

But the Manhattan DA’s office might not be the only one to press charges, according to the Hollywood Reporter.

LOS ANGELES

California eliminated the statute of limitations on rape this year, but that generally applies only to crimes committed after Jan. 1, 2017. Before that, it was 10 years, and there are several women whose accounts may fall within that window — including actress Dominique Huett, who has filed a civil suit. The Beverly Hills Police Department and LAPD are actively investigating complaints, and on Nov. 9, L.A. District Attorney Jackie Lacey announced a special task force of veteran sex-crime prosecutors to evaluate entertainment-industry cases referred to her office.

PARK CITY

Even though Rose McGowan's allegation that Weinstein raped her dates to 1997, because of Utah's complicated statute of limitations, she still could file a police report. In a nutshell, the hourglass empties only while the offender is in the state (and the statute was eliminated entirely in 2008). Because Weinstein spent only a few weeks a year in Utah for the Sundance Film Festival, the actress' claim still would be viable. McGowan hasn't said whether she intends to pursue a criminal case, but it seems she has as much time as she needs to decide.

LONDON

Though its official policy prohibits naming a suspect until charges are filed, Scotland Yard is believed to be conducting an investigation — dubbed Operation Kaguyak — into allegations against Weinstein by eight women going back to the 1980s. (While Norwegian model-actress Natassia Malthe has publicly accused Weinstein of rape, she has not confirmed that she reported the incident to police.)

NEW YORK CITY

Police and prosecutors here have been the most vocal about their investigation. On Nov. 3, NYPD Chief of Detectives Robert Boyce said his department has "an actual case" against the producer and described Paz de la Huerta's account of two 2010 rapes as "credible." They need a court order to arrest an out-of-state suspect — Weinstein traveled to Phoenix for rehab in October — so investigators are gathering evidence. "If this person was still in New York and it was recent, we would go and make the arrest."

Weinstein is reportedly hiding out in Arizona as he waits to learn his fate. He has been hit by dozens of civil lawsuits, and his former company, Weinstein Co., appears to be on the verge of bankruptcy. Lenders that had considered throwing the company a lifeline have since reconsidered.

Given the difficulty of prosecuting sex crimes, Weinstein may well retain his freedom. But Weinstein has one factor working against him that wasn’t present in the trial of Bill Cosby: Time. Some of Weinstein’s alleged assaults were committed relatively recently. And statutes of limitation have not run out.
 

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Iraq Oil Revenue Not Enough For Sustainable Development

Authored by Zainab Calcuttawala via OilPrice.com,

Oil revenues still are not high enough to allow the Iraqi government to fund the reconstruction of the country, according to Iraqi Prime Minister Haider Al-Abadi.

“Oil prices are not at the required level to be used for sustainable development,” state TV quoted al-Abadi as saying during a press conference.

Iraq proclaimed itself victorious earlier this year after a three-year, hard-fought war against the terrorist Islamic State.

The victory freed up some money – but not enough – for reconstructing the nation after almost 15 years after the demise of dictator Saddam Hussain and the fall of his regime.

The oil price crash of 2014 has made it difficult for fossil-fuel dependent countries to provide key government services to its citizens, and Iraq was not immune.

In Iraq, years of financial mismanagement and domestic conflict exacerbated existing civil governance issues.

Just over a month has passed since the Kurdish referendum, which resulted in a near-unanimous vote for the Kurdistan Regional Government to secede from Iraq.

Baghdad has not accepted the results of the vote, moving instead to deploy its military to secure control of the Kirkuk oilfields, which, though located in northern Iraq, do not lie in areas legally allotted to the KRG.

The political consequences of the referendum have played out in a recent deal with Iran. 

With the Kurdistan autonomous region heavily dependent on oil revenues, chances are the government will seek to come to a mutually beneficial agreement with the central government in Baghdad.

Yesterday, the region’s Prime Minister, Nechirvan Barzani acknowledged the adverse effect that the Iraqi offensive has had on the region’s oil income, saying it had fallen to less than 50 percent of what it used to be before October 16, when the offensive was launched.

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Amazon Slashes Whole Foods Prices In Round 2 Of Grocer Wars

Three months after Amazon slashed some Whole Foods prices by as much as 43% on the day its purchase of the grocery chain closed in its first (of many) attempts to steal market share from competitors by selling at a loss, today Amazon announced round 2 of the grocer wars, when it unveiled even more discounts on several grocery products at Whole Foods, just days ahead of the Thanksgiving holiday, sending stocks of rival ultra-low margin grocers tumbling.

The lower prices include deeper discounts on some items for Amazon Prime members and come on top of price cuts already announced by Whole Foods in August. Among the price cuts, Whole Foods said it would sell organic turkey for $3.49 per pound to all customers, while Prime members could buy it at an even lower price of $2.99 a pound.

More price cut details:

Whole Foods Market will also offer lower prices starting today on an additional selection of customer favorites across its stores, including: Value Pack Boneless Skinless Chicken Breasts (Organic and No Antibiotic), Responsibly Farmed Raw Peeled Shrimp, and holiday favorites such as 365 Everyday Value Canned Pumpkin, Organic Broccoli, 1lb Organic Salad Mixes, Organic Russet Potatoes, and Organic Sweet Potatoes.

 

All customers will also see reduced prices on products from some of the most well respected natural and organic brands, including Organic Rice from Lundberg Family Farms, Organic Beans from Eden Foods, Organic Chicken and Vegetable Broths from Pacific Foods, Organic Eggs and Milk from Organic Valley, and Toothpaste from Tom’s of Maine. Whole Foods Market is also offering lower everyday prices on some of the most popular products from well-known brands such as Chobani Yogurt, California Olive Ranch EVOO, Siggis Yogurt, Applegate Hot Dogs, and Fage Yogurt.

 

Whole Foods Market customers are increasingly interested in buying eggs from hens that have access to pasture and so Whole Foods Market is excited to be able to offer lower prices on the entire line of Pasture Raised Eggs from Vital Farms, including their Vital Farms, and Alfresco Brands.

“These are the latest new lower prices in our ongoing integration and innovation with Amazon, and we’re just getting started,” said John Mackey, Whole Foods Market co-founder and CEO. “In the few months we’ve been working together, our partnership has proven to be a great fit. We’ll continue to work closely together to ensure we’re consistently surprising and delighting our customers while moving toward our goal of reaching more people with Whole Foods Market’s high-quality, natural, and organic food.”

The latest price cuts are a “sneak peek” of the savings and in-store benefits that Whole Foods will offer once it begins using Prime as its loyalty program, the grocer said.

Previously, channel checks showed that Whole Foods had cut prices on items including bananas, avocados to draw customers away from retailers such as Wal-Mart and Trader Joe’s.

News of the price cuts slammed the shares of its competitors such as Costco, Sprouts Farmers Market, and Kroger, as nervous Investors have been watching and waiting for any further price cuts at Whole Foods, and their adverse effects on the U.S. grocery industry, which is already reeling under a brutal price war. Kroger fell as much as 3.5 percent to $21.25, its biggest intraday decline in a month. Sprouts tumbled as much as 3 percent to $19.98.

Amazon, which branched out into brick-and-mortar retailing with its purchase of Whole Foods in its endless quest for global monopolistic domination, hopes to upend the grocery industry and undercut traditional retailers by using its deep pockets, triple digit PE multiple and large presence. And, as the chart below shows, investors have been jumping over themselves to reward Jeff Bezos – now the world’s richest man – as he creates the world’s most comprehensive commerce monopoly.

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Don’t Mix Politics And Climate Science

Authored by Agnieszka Plonka via The Mises Institute,

The widely understood libertarian environment has lately published a multitude of very eloquent articles about how to approach the global warming issue, what to think about "established science," and whether or not to be "agnostic." 

Those materials, however well written, fail to see the core of the scientific method – which is again understandable since their authors have been immersed in a different kind of science — that is, social science. The word "agnostic" does not fit in here, however. One can be an "agnostic" only towards what is untestable. But we can test the temperature in which water freezes, we can test how poisons affect human body, and we can test how certain layers of the atmosphere affect solar radiation. Those results are necessarily verified by nature itself.

They leave no place for even the subtlest "polishing" of the results so that they fit the assumption – and if what climatologists say seem to leave a different impression, it is either due to the imperfections of human language or due to the fact that, sadly, they already tend to incorporate political agendas into their scientific commentaries. Let us note here however, that the carbon isotope 12C is way too primitive a structure to be plotting for worldwide socialism. (The ratio between 12C and 13C in the atmosphere serves as a geochemical argument for anthropogenic global warming).

Unfortunately, since global warming serves the government as justification for their plans for greater control of society, we are doomed to mix politics and science where it should never be mixed. This may be one of the symptoms of the declining level of public discussion. Again unfortunately, the reaction in which we rebel against our preconceived ideas is perfectly natural. Here it is linked, however, with the difficulty of distinguishing between scientific information and political beliefs.

The question "what is going on?" is different than "what should be done?" If I provide a geochemical argument for manmade global warming, it does not automatically mean that I am an interventionist. After all, a lot of basic research underlying modern atmospheric physics is as old as 200 years – but the physics is not accused of bias, since back then no government was plotting to use it as a pretext for public policy.

The magnitude of emotions linked with this issue is unsurprising given that it may affect all humanity in a relatively short time. I do have an impression though that those emotions stem from the fact that the whole discussion is politicized, not because of a genuine care for human life.

A Classical Case of "What Is Seen and What Is Unseen"

The laissez faire position in environmental problems suffer from a serious and rather impossible to deal with image defect – it does not give easy answers and well calculated recipes. A statist will provide a detailed and nuanced answer with a graph, an emmission-reduction calculation, and a firm loud prescription for government intervention. The non-interventionist will not. We will say that we trust to the same innovation that has continually improved human living standards for centuries. That we trust that the human mind can break through a number of Mathusian traps is born from historical experience, and experience suggests we can – with accordingly big investments – create the technology level we need to adapt. In contrast, no such experience speaks to any success for global schemes of controlling the global economy.

In this light, interventionism is not only unethical, but also inefficient. In a public discussion this stance would loose, since we can only repeat after Hayek that we do not know what to do – and it is impossible for any individual to know:

It is through the mutually adjusted efforts of many people that more knowledge is utilized than any one individual possesses or than it is possible to synthesize intellectually; and it is through such utilization of dispersed knowledge that achievements are made possible, greater than any single mind can foresee. It is be­cause freedom means the renunciation of direct control of individual efforts that a free society can make use of so much more knowledge than the mind of the wisest ruler could comprehend.

For an average listener of such a debate, it would be a choice between "I don't know" and "I calculated all, I know what the government should do, and I even have a photo of a sad seal to invoke your feelings." It's no wonder that freedom loses the advertising battle.

And yet, what sounds unconvincing in front of a TV, works much better in real life. What we need is technological progress in the energy sector and in the methods of waste storage and reduction. Would that progress be possible in a rich or in a poor country? How to cook up new technologies most efficiently, and then make them widely affordable and accessible?

That is why the answer to what the desirable role of the government with respect to global warming should be is the stuff of yet another classic Bastiat's essay. I am certain that the control of carbon dioxide emissions would be the last chapter of "That what is seen and that what is not seen," had he lived in our times to witness it.

Obviously, it is straightforward to calculate the expected temperature change given certain restrictions. It will be beneficial for the environment – short-term, that is what is seen. But how those restrictions would affect the prices of strategic resources, transportation, and, generally speaking, life? Wouldn't they hamper long-term investments in advanced research and development, that is – the only long-term solution to the problem? What if, to give an example, a company that studies cheap nuclear power plants that also extract carbon dioxide from the atmosphere goes bankrupt? What if a number of other similar initiatives do?

Will You Say "Yes" to Civilization?

Poor societies cannot afford to care about the environment. They cannot afford research and development. The government wants people to believe it is the only means of addressing ecological problems.  But the state can be counted on to just use any new powers as a means of control, and in the long run – to impoverish societies and block the progress of civilization. We are being told we must choose between the freedom of humans and the freedom of polar bears, convincing us that they trade-off with each other, while actually it may not be the case at all. (Here I omit the discussion whether polar bear protection should be subject to law or to ethics).

Source

Statists here think in a very close-minded way – failing to see how dynamic our civilization is. Not long ago, we could not imagine having the internet or commercial flights. How are we so certain then, that in the next fifty years we wouldn't come up with a clean, cheap and efficient way of obtaining solar energy, or a routine and inexpensive procedure of reducing carbon dioxide particles to carbon and oxygen? The assumption that this will not happen, and if it will, it will by state coercion, only makes this progress slower.

And going deeper into this assumption would eventually lead to creation of a totalitarian monster which controls not only our energy use, but also birth rates or meat consumption.

How immoral and terrifying would be the reduction of a human being under such inhumane conditions! And how could we escape a Malthusian trap while being trapped by the state?

And if someone, anyone claims that "capitalism destroys the Earth," show them any pollution or ecological-catastrophes map. They speak for themselves.

 

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