“FIRE to NYU: Uphold Your Free Speech Promises and Stop Investigating Anti-Zionist Statement”

A statement from FIRE, which I think is generally quite right:

Today, FIRE wrote New York University School of Law urging it to end an investigation into complaints of harassment based on a statement by Law Students for Justice in Palestine criticizing Zionists. Although some were offended by LSJP’s statement — which made several allegations including that the “Zionist grip on media is omnipresent” and that “people living under occupation have a right to resist their violent occupation” — it remains core political expression protected by NYU’s clear commitments to students’ expressive rights.

The statement from NYU’s LSJP chapter came two hours after an April 7 email from NYU’s Law Students for Israel, which stated, in part, “Few countries have faced as much violence, hatred, and delegitimization as the State of Israel.” The statement also said: “The Middle East is big enough for all its indigenous peoples to enjoy self-determination, security, and prosperity. Do not give credence to those, including in our Law School, who say otherwise.”

LSJP’s response said Law Students for Israel “flips the realities of aggressor and victim on its head,” and criticized Israel as an “apartheid regime.”

LSJP went on to say the media “craft a narrative of necessary ‘self defense’ and ‘security'” and Zionists suppress “evidence of their own violence, occupation, and dehumanization.” The statement also said, “Zionists falsely equate Palestinian resistance and Israeli oppression as a ‘conflict’ with two sides.”

The Washington Free Beacon reported that 11 student groups subsequently expressed support for LSJP’s statement. However, in the latest example of students turning to administrators to try to silence differing opinions on the Israeli-Palestinian conflict, some students submitted complaints to NYU administrators alleging that LSJP’s statement and support of it amounted to harassment. The university then said it would investigate, “as required by [its] policies.”

As FIRE has long argued investigations into protected expression chill speech. Although NYU is a private university not bound by the First Amendment, it makes strong promises to students that they enjoy expressive rights. This includes the right to make subjectively offensive statements which do not rise to the level of unprotected harassment. Given that NYU makes these promises, it must not investigate speech that is clearly protected, and it may not punish students for merely exercising their expressive rights — even when doing so causes controversy.

FIRE takes no position on the merits of the Israeli-Palestinian conflict. But it’s clear that none of the dialogue that’s been made public here meets the U.S. Supreme Court standard for what constitutes punishable student-on-student, or peer, harassment. The Supreme Court defined peer harassment in Davis v. Monroe County Board of Education. In order for student conduct — including expression — to constitute discriminatory harassment, it must be: (1) unwelcome; (2) discriminatory on the basis of a protected status; and (3) “so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school.”

As we argue in our letter, although some may have considered LSJP’s statement unwelcome and discriminatory based on national origin, there is no credible argument that the statement was so severe and pervasive that it deprived students of educational opportunities. A controversial issue like the Israeli-Palestinian conflict is bound to result in speech on both sides of the divide that causes anger and offense. But as a federal court recently stated in a case involving a professor’s claim of hostile work environment stemming from speech on this topic, if “disagreements on a contentious geopolitical conflict” could in and of themselves form the basis of a harassment or discrimination claim, it would “serve as [a] parking brake on those academic and public debates about those highly contentious topics.”

The Free Beacon argues NYU may be obligated to punish students for signing onto LSJP’s statement based on NYU’s 2020 settlement agreement with the Department of Education’s Office for Civil Rights, which prohibits the university from discriminating based on national origin. Yet, as we explain in today’s letter:

NYU’s settlement agreement with OCR does not—and cannot—require NYU to investigate expression otherwise protected by the First Amendment. While the agreement required, among other things, that NYU amend its policies to prohibit discrimination based on shared ancestry and ethnic characteristics, and that it release a statement from its president that the university “does not tolerate acts of discrimination or harassment,” the agreement does not require NYU to investigate protected expression. OCR, in fact, cannot require NYU to investigate or punish protected expression, as it is itself a governmental body bound by the Constitution.

NYU’s settlement agreement with OCR does not prohibit heated exchanges of political views that fall short of discriminatory harassment as defined in Davis. And, given that LSJP’s statement does not constitute such harassment and is protected by NYU’s promises of free expression, NYU cannot investigate or otherwise punish the speech. Investigations into protected speech cause an impermissible chilling effect on both the students involved and on other NYU students and faculty, as they may self-censor for fear of facing investigation or punishment for expressing controversial opinions.

NYU could have fulfilled its obligations to evaluate complaints had it conducted a cursory review of the allegations against LSJP and quickly determined the email alone could not constitute unprotected hostile environment harassment.

Criticism of LSJP’s speech is, of course, also protected expression. That is the marketplace of ideas in action. For example, as George Mason University law professor David Bernstein observed on the Volokh Conspiracy blog:

For what it’s worth, I think it’s a mistake to make the controversy a matter of discrimination or harassment policy. Rather, the essence of the problem is that some NYU law students (1) dehumanize Israelis to the point where they think murdering them for no reason other than that they exist is ok; and (2) either don’t understand why stating that “Zionists” control the media is antisemitic, or do understand and think that spreading racism is okay so long as it’s for the greater good of Palestinian nationalism. This is a problem regardless of whether the students in question violated NYU policy, and it may also be a problem to find that political opinion, no matter how noxious, violates NYU policy.

NYU has many options available to it to combat anti-Semitism that do not involve censorship. One permissible option would be educating its student body about the issue, so long as that education doesn’t target specific students for education or compel speech by requiring affirmative agreement with a specific viewpoint.

FIRE has seen those on both sides of the Israeli-Palestinian conflict turn to university administrators to silence protected speech of those with whom they disagree. This is destructive for everyone. That’s why it’s important to point out that NYU must not seek to address the issue by conducting chilling investigations into those on the other side of the issue who might engage in controversial speech that might be deemed anti-Arab or anti-Muslim. Students must have the right to express opinions on all sides of controversial issues, within the bounds of the law, regardless of whether those opinions are widely considered offensive or even repugnant.

FIRE defends not only the rights of LSJP and their supporters, but would also defend the expressive rights of NYU’s Law Students for Israel — and anyone whose protected expression is threatened on campus. If students or faculty are being investigated or punished for speech supportive or critical of pro-Palestinian or pro-Israel groups, FIRE is here to help.

The post "FIRE to NYU: Uphold Your Free Speech Promises and Stop Investigating Anti-Zionist Statement" appeared first on Reason.com.

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Serial Killer Thriller Shining Girls Lulls You to Sleep Before Blowing Your Mind


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Shining Girls. Available now on Apple TV.

As a critic, I get paid to watch TV shows, which is a lucky thing for Apple TV’s new series Shining Girls, because for its first two and a half hours, it’s nearly unwatchable, even though it starts with a reasonably enticing premise: a couple of reporters trying to track down a serial killer. Slooooow, confusing and riddled with what-the-hell moments, it moves at the pace of a snail on Quaaludes. And then, the snail gets a shot of crystal meth. Shining Girls is an immensely entertaining show, if you have the time and patience to wait it out.

Based on a book by South African novelist Lauren Beukes (which I haven’t read, but friends tell me has been altered considerably in the adaptation), Shining Girls stars Elisabeth Moss (Mad MenThe Handmaid’s Tale) as Kirby Mazrachi, an editorial assistant at the Chicago Sun-Times. Her career was mostly sidelined six years earlier when she nearly died after an unseen nighttime assailant carved a cross deep into her abdomen.

Once a promising candidate for a reporting job, Mazrachi now is just a melancholy and slightly glorified clerk, wandering the newsroom to deliver clippings and photos from the newspaper’s library to reporters and editors who’ve asked for them. (Yes, kids, there was a time—and Shining Girls is set in it—when everything in the world wasn’t available at a click or two on a computer keyboard.)

But as she eyes stories written by just-short-of-washed-up crime reporter Dan Velazquez (Wagner Moura, Narcos) about the recent murder of a social worker, Mazrachi notices some similarities with her own assault. As the two team up, they uncover a string of grisly coincidences in killings stretching back years, including the killer’s penchant for leaving tokens—matchbooks, key rings and the like—inside the slaughtered bodies of his victims.

What keeps this story from developing for a long time is that Mazrachi is a wildly unreliable narrator. She forgets everything from the location of her newsroom desk to which floor of the building her apartment is on. She even comes home one night to discover that a friend at work is actually her husband. Her declaration that “being married to you just doesn’t seem real” is anything but metaphoric. Mazrachi is so unstuck from reality that she’s furtively keeping a notebook of reminders about things as mundane as the name of her dog (or is it a cat?).

Is this a belated onset of PTSD, or just plain madness? Whatever the answer, Mazrachi’s chaotic sense of her own existence—and a lesser but still troubling difficulty in communicating by her reporting partner, Velazquez, a not-necessarily-recovering alcoholic—can make it extremely difficult to follow what’s going on during the early hours of Shining Girls.

The process of explication isn’t helped by the determined drabness of cinematographer Robert McLachlan’s look for the show, including a preoccupation with noir that’s absurd even by the current nutty standards of Hollywood. The newsroom where Mazrachi and Valazquez work looks like a Boy Scout campground, with desk lamps providing tiny oases of firelight in an overwhelming gloom.

So, it isn’t until midway through the third episode that Shining Girls that anything coherent can be detected as the disparate and possibly imaginary elements of the plot start assembling themselves into a whole. And only in the fourth hour do they really start to sing. But when they do, what emerges is an aria of fear that goes well beyond Shining Girls’ crime-procedural surface. Evil, betrayal, and fragmentation of reality stretch in every direction. As much as I hated the first couple of hours of the show, I loved—in a creeped-out way—the rest.

Moss, who’s made an entire career out of playing melancholy, emotionally shattered women, does so again in impressive fashion. But she may be outdone by Moura as her bemused colleague. He not only has his own demons but must also contend with a partner with whom he greatly empathizes but also suspects may be as nutty as a five-pound fruitcake.

And then there’s Jamie Bell (Washington’s Spies), who plays Harper, the spectrally talented bad guy. That’s not a spoiler; he projects an air of malevolence so profound that you know he’s damnably evil the first time he walks into the frame. Shining Girls is full of surprises, but when Bell is on screen, you’re going to get exactly what you see, in spades.

The post Serial Killer Thriller <em>Shining Girls</em> Lulls You to Sleep Before Blowing Your Mind appeared first on Reason.com.

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Buying Stocks Is Easy, Selling Is The Hard Part: 7 Rules To Manage Risk

Buying Stocks Is Easy, Selling Is The Hard Part: 7 Rules To Manage Risk

Authored by Lance Roberts via RealInvestmentAdvice.com,

Buying stocks is easy; the hard part is knowing when to sell. I read an excellent article recently by Michael Batnick on his trials and tribulations in owning a stock. To wit:

“Now let’s talk about a company that I did care enough about to buy and lost money on. What do you call a stock that was down 58% and then fell 27% in a day? Zillow.”

The primary tenant of investing is that if you are going to put capital at “risk” in a “speculative transaction,” be prepared to lose. We have all been there.

However, where I partially disagree with Michael’s analysis is this:

“‘Buy low, sell high’ is one of the most garbage pieces of financial ‘wisdom.’ Most of the time when you buy low, you end up selling lower. Jon Boorman taught me this a long time ago but sometimes you have to relearn what you already know. Jon wrote‘If you want to own the strongest stocks, buy the strongest stocks. Buy something that’s already doing what you want it to. Going up.”’

Like most “financial wisdom” that has survived the ages, it gets lost on young investors who have never lived through an actual bear market. More importantly, there is a vast difference between “momentum” and “fundamental” investing.

There Is No Long-Term

There is a distinction that I must make here. Michael’s quote of Jon Boorman talks about “momentum” investing, or rather, short-term trading. Here is his precise quote.

“Buying a stock at x+1 can be a lower risk trade than buying it today at x. Forget buy low, sell high. When something is falling, it’s more likely to keep falling than it is to reverse, and vice versa. It’s called momentum, and along with value, it’s one of the most empirically proven anomalies to academic theory that the Nobel Prize winners wish would go away. Note to self: Look into buying value stocks that show upward momentum.

That is precisely correct. In the short-term, “value” has little relevance to what positions you should buy or sell. It is only momentum, the direction of the price, that matters. As discussed in “Picking Up Pennies,” no one is a long-term investor.

Managing money, either “professionally” or “individually,” is a complicated game in the long term. In the short term, particularly amid a speculative mania, it seems exceedingly easy. However, as is the case with every bull market, a strongly advancing market covers up the many investing mistakes investors make. It is the ensuing bear market that reveals them in the most brutal and unforgiving of outcomes. 

There is a clear advantage to providing risk management to portfolios over time. The problem is that most individuals cannot manage their own money because of “short-termism.” (As shown by shrinking holding periods)”

Buying Stocks Is Easy, Especially In A Bull Market

During a bull market, which is the only market many investors have ever navigated, buying stocks is easy. As noted above, a strongly trending bull market covers up investing mistakes of buying poor quality companies. A great example is a company with sales of 3.9 billion and $0 of income, trading at 288x trailing earnings.

Yep, that’s Zillow (Z), and those numbers are after a near 70% decline from the peak.

But it isn’t just Zilliow. According to Leuthold Group, 73 companies in the S&P are currently trading at 10x sales with a median price-to-sales ratio for the entire index above 3x.

Why should 10x sales concern you? Such gets easily dismissed without context, mainly due to a speculative bull market. However, once you view 10x sales with a basis in reality, the concern becomes more evident.

“At 10-times revenues, to give you a 10-year payback, I have to pay you 100% of revenues for 10-straight years in dividends. That assumes I can get that by my shareholders. It also assumes I have zero cost of goods sold, which is very hard for a computer company.

That assumes zero expenses, which is hard with 39,000 employees. That assumes I pay no taxes, which is very hard. And that expects you pay no taxes on your dividends, which is kind of illegal. And that assumes with zero R&D for the next 10-years, I can maintain the current revenue run rate.

Do you realize how ridiculous those underlying assumptions are? You don’t need any transparency. You don’t need any footnotes.

What were you thinking?” – Scott McNealy, then CEO of Sun Microsystems, 2000.

Buying stocks is easy in a market that only seems to go up. However, investors’ lack of “experience” provides no basis for a “sell discipline” when things go wrong.

Having A Sell Discipline Is Hard

“If you are going to buy a stock on the way down, you must have a long time horizon. Don’t expect that a stock will turn around just because you bought it. The other thing you must have, and this is critical, is risk management because buying stocks on the way down is a risky endeavor. That can come in two forms. Either have some sort of level where you say I’m out, or, put on a small enough position such that if you’re really wrong, like I was, then it won’t hurt too bad.” – M. Batnick 

Selling stocks is the most difficult challenge for any investor. That single decision becomes plagued with a host of emotional biases.

  1. What if I am wrong and the stock keeps going up?

  2. If I sell now, I am locking in my loss.

  3. If I sell the position, what will I do with the money?

  4. I read an article or listened to someone that said the company is still good so that it might go back up.

  5. I will sell it when I get back to even.

  6. If I double down and the stock goes up, I can get out.

These are all rationalizations to avoid one thing – the admission that you made a wrong decision. It is purely an emotional bias that all investors must deal with.

As Howard Marks once stated:

“If I ask you what’s the risk in investing, you would answer the risk of losing money. But there actually are two risks in investing: One is to lose money, and the other is to miss an opportunity. You can eliminate either one, but you can’t eliminate both at the same time. So the question is how you’re going to position yourself versus these two risks: straight down the middle, more aggressive or more defensive.

I think of it like a comedy movie where a guy is considering some activity. On his right shoulder is sitting an angel in a white robe. He says: ‘No, don’t do it! It’s not prudent, it’s not a good idea, it’s not proper and you’ll get in trouble’.

On the other shoulder is the devil in a red robe with his pitchfork. He whispers: ‘Do it, you’ll get rich’. In the end, the devil usually wins.

Caution, maturity and doing the right thing are old-fashioned ideas. And when they do battle against the desire to get rich, other than in panic times the desire to get rich usually wins. That’s why bubbles are created and frauds like Bernie Madoff get money.

How do you avoid getting trapped by the devil?

I’ve been in this business for over forty-five years now, so I’ve had a lot of experience.  In addition, I am not a very emotional person. In fact, almost all the great investors I know are unemotional. If you’re emotional then you’ll buy at the top when everybody is euphoric and prices are high. Also, you’ll sell at the bottom when everybody is depressed and prices are low. You’ll be like everybody else and you will always do the wrong thing at the extremes.

Therefore, unemotionalism is one of the most important criteria for being a successful investor. And if you can’t be unemotional you should not invest your own money, period. Most great investors practice something called contrarianism. It consists of doing the right thing at the extremes which is the contrary of what everybody else is doing. So unemtionalism is one of the basic requirements for contrarianism.”

This is why being unemotional is tough to do when it comes to your money.

Emotions of “greed” and “fear” cause individuals to take on too much exposure or worry risk is too high. Ultimately, emotion-based arguments are inherently wrong and lead individuals into decisions that harm their financial health.

7 Rules To Manage Risk When Buying Stocks, or Selling Them

Here are the rules for managing risk– they are not unique or new. They are time-tested and successful investor approved. If you follow them, you succeed – if you don’t, you won’t.

1) Sell Losers ShortLet Winners Run

It seems like a simple thing to do, but the average investor sells their winners and keeps their losers.

2) Buy Stocks Cheap And Sell Expensive

You haggle, negotiate, and shop extensively for the best deals on cars and flat-screen televisions. However, you will pay any price for a stock because someone on TV told you to. Insist on making investments when you get a “good deal.” If it isn’t – it isn’t. So, don’t try and come up with an excuse to justify overpaying for an investment. In the long run, overpaying will end in misery.

3) This Time Is Never Different

Our psychological makeup wants us to always hope for the best. However, this time is never different from the past. History may not repeat exactly, but it often rhymes exceptionally well.

4) Be Patient

As with item number 2, there is never a rush to invest, and there is NOTHING WRONG with sitting on cash until a good deal, a real bargain, comes along. Being patient is not only a virtue; it is an excellent way to keep yourself out of trouble.

5) Turn Off The Television

Any good investment is NEVER dictated by day to day movements of the market, which are nothing more than noise. Suppose you have done your homework, made a good investment at a reasonable price, and have confirmed your analysis to be correct. In that case, the day-to-day market actions will have little, if any, bearing on the longer-term success of your investment. The only thing you achieve by watching the television is increasing your blood pressure.

6) Risk Is Not Equal To Your Return

Taking RISK in an investment or strategy is not equivalent to how much money you will make. It only equates to the permanent loss of capital incurred when you are wrong. Invest conservatively, and grow your money over time with the LEAST amount of risk possible.

7) Go Against The Herd

The populous is generally “correct” in the middle of a move higher in the markets. However, they are seldom correct at major turning points. When everyone agrees on the direction of the market due to any given set of reasons, generally, something else happens. However, this also cedes to points 2) and 4); to buy something cheap or sell something at the best price, you generally buy when everyone is selling and sell when everyone else is buying.

These are the rules. They are simple and impossible to follow for most. However, if you can incorporate them, you will succeed in your investment goals over the long run. You most likely WILL NOT outperform the markets on the way up, but you will not lose as much on the way down. Such is important because it is much easier to replace a lost opportunity in investing. It is impossible to replace lost “time.”

As an investor, your job is to step away from your “emotions” and look objectively at the market. Is it currently dominated by “greed” or “fear?” Your long-term returns will depend significantly on how you answer that question and manage the inherent risk.

“The investor’s chief problem – and even his worst enemy – is likely to be himself.” – Benjamin Graham

*  *  *

We are a wealth management firm in Houston, serving clients across the country. If you wish to discuss your investment strategy or financial plan with a team member, please contact us.

Tyler Durden
Fri, 04/29/2022 – 14:35

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Allianz To Halt Insurance For Oil, Gas Projects In 2023 Amid Worsening Supply Outlook

Allianz To Halt Insurance For Oil, Gas Projects In 2023 Amid Worsening Supply Outlook

The Allianz Group, one of the world’s largest insurers and asset managers, published a statement Friday detailing how it will no longer insure and invest in new oil and gas fields starting in 2023. This comes at the worst possible time for extremely tight oil markets as Russian production drops due to hard-hitting Western sanctions, igniting fuel shortages in Europe, the US East Coast, and other parts of the world. 

Allianz said it won’t offer new single-site and stand-alone property insurance and casualty insurance coverages (and renew existing contracts after July 1, 2023) and will halt new funding for exploration and development of new oil and new gas fields (upstream), construction of new midstream infrastructure related to oil, construction of new oil power plants, and projects in the Arctic. 

The new guidelines come as the company is “accelerating the deployment of its climate strategy and has announced new ambitious commitments in both its core business and operations … limit the greenhouse gas emissions (GHG) deriving from Allianz’s sites and activities in over 70 markets to net-zero by 2030, instead of 2050 as originally planned.” 

The timing of such an accelerated climate strategy will undoubtedly mean a reduction in capacity for new oil projects globally because it will be harder or perhaps more expensive for oil and gas companies to insure projects. This is a sure way to collapse supply even more, when the US is acting as a barrel of last resort to a tight global energy market hungry for supplies as Russia’s production sinks. 

Allianz said it was “committed to actively driving the transition towards renewable energy sources, supported by significant underwriting and investment capacity and appetite for renewable risks.” 

The world is about to experience a second energy shock, and Allianz’s move to abandon insuring and funding fossil fuel projects may lead to continued disorderly decarbonization of the economy. In other words, elevated energy prices are here to stay. 

Here’s Allianz’s full press release. 

Tyler Durden
Fri, 04/29/2022 – 14:15

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Treasury, Currency Traders Can Do Well Without Forward Guidance

Treasury, Currency Traders Can Do Well Without Forward Guidance

By Ven Ram, Bloomberg macro commentator and reporter

Policy makers in a much-overlooked corner of the world made a bold and telling statement on Thursday: the Swedish central bank raised interest rates, sparking optimism about the krona. In itself, that doesn’t sound like a big deal. But there is more to the increase than meets the eye. While a hike was eventually expected, the timing of it was a surprise. 

For, just at the previous meeting in February, the central bank had offered this guidance:

The forecast for the repo rate indicates that it will be raised in the second half of 2024, which is slightly earlier than in the assessment in November.

From there, the central bank opted straight to raise rates yesterday.

So much for policy guidance — though I mean it as a compliment.

For, after its February guidance, the inflation outlook had become pretty skewed that warranted a change of heart — and a prompt response.

Forward guidance isn’t all that virtuous as it is touted to be. Policy makers need to act when they need to, and promptly at that. There is little point in preparing the markets well ahead of time and hand-holding them all the way before central banks can act. (And the point is that the markets don’t really need it in any case, thank you. A case in point: money markets had been pricing in a significant degree of tightening in Sweden even before the central bank’s February statement that was dovish.)

I find the idea that central banks must wear their hearts on their sleeve ahead of a policy meeting a fundamentally repugnant concept.

For if the Fed has to prepare the markets for what it is going to do well ahead of time — as it has been doing for some time now (witness the chorus of Fed voices that have blessed a 50-basis point increase in May), then it should rightfully be called monetary-policy choreography rather than a policy review.

More importantly, such orchestration introduces a lag before a central bank can act, which is unacceptable when inflation is raging as hot as it is now. Fire engines need to get on with what they need to do when they need to do it, not after the forests have been burnt down. So if the Fed has to come out and raise rates in an emergency policy meeting, the markets will learn pretty quickly about risks embedded in their pricing and be well prepared for such shifts.

The markets are a lot smarter than the central banks would have us believe. So policy makers just need to get on with it.

Tyler Durden
Fri, 04/29/2022 – 14:00

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Cruelest Indeed: There Have Been Just 4 Months Since 1973 As Horrific As April

Cruelest Indeed: There Have Been Just 4 Months Since 1973 As Horrific As April

Earlier today we observed that the Nasdaq was on pace for the worst month since 2008, and judging by the ongoing collapse in the tech index which is now down more than 2% and trading reading near session lows ahead of today’s margin calls that’s pretty much assured.

But thanks to Deutsche Bank we have stumbled on an even more remarkable state.

As the bank’s head of thematic research Jim Reid writes, and sparing us the obvious TS Eliot references, today is the last business day of the month and we could see something in April we’ve only seen three other times since our data starts in 1973: a month where S&P 500 returns fall more than -5% AND US Treasuries fall more than -2%.

At the time Jim wrote his note a few hours ago, the S&P was down -5.3% and TSYs were -2.6% in total return terms. Since then it’s only gotten worse, a move which shows how profound are the disconnects in the market at the moment.

To be sure, while there have been plenty of bigger down months for equities, it’s very rare for Treasuries to fall as much as this on those down months as well. Another remarkable statistic: of the 52 months where the S&P 500 has been down more than -5% over this period, 37 have seen Treasuries have a positive total return in a flight to quality trade.

In other words, it’s also a total disaster for Risk Parity and 60/40 balanced funds which are by definition long both legs.

Obviously the problem here is inflation, inflation which was unleashed not by Putin, or by evil oil corporations but by the Fed monetizing $5 trillion in liquidity in the past 2 years and by profligate, MMTesque fiscal policies that have sparked the worst inflationary fire the US has seen since the days of Volcker.

As Reid concludes, “if inflation structurally changes for a prolonged period we may have to get used to more periods of both being down which will be a problem for 60/40 type portfolios.” And by problem, he of course means, the end although with stocks and bonds both set to crater much more, it is safe to say that nobody will enjoy what is coming in the market in the next few months.

Tyler Durden
Fri, 04/29/2022 – 13:35

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Originalism, Common Goodism, and Conservative Constitutionalism

Earlier this month I noted Judge Bill Pryor’s recent Federalist Society lecture, “Against Living Common Goodism,” criticizing Harvard law professor Adrian Vermeule’s Common Good Constitutionalism. Professor Vermeule and Conor Casey of the University of Liverpool School of Law & Social Justice have now replied in an essay forthcoming in the Harvard Journal of Law & Public Policy Per Curiam.  Here is the abstract from SSRN:

This short essay responds to several lectures and talks given by Chief Judge William Pryor Jr. of the United States Court of Appeals for the 11th Circuit critiquing common good constitutionalism. We demonstrate that the arguments advanced by Chief Judge Pryor in favor of originalism badly misfire, permit the very things Judge Pryor wants to rule out, and beg the critical questions about the classical tradition. In the end, they amount to little more than argument by slogan.

Meanwhile, Liberty Fund’s Law & Liberty site has posted “A Return to Classical  Law?”, a symposium on Vermeule’s book, with contributions from several noted scholars. These contributions are as follows:

Originalism for the Common Good
John O. McGinnis

A Common Good Requires a Common People
Jesse Merriam

Uncommonly Bad Constitutionalism
James M. Patterson

Policing Common Good Constitutionalism
James R. Rogers

Classical Historicism?
Paul Seaton

And so the discussion and debate continues.

The post Originalism, Common Goodism, and Conservative Constitutionalism appeared first on Reason.com.

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Originalism, Common Goodism, and Conservative Constitutionalism

Earlier this month I noted Judge Bill Pryor’s recent Federalist Society lecture, “Against Living Common Goodism,” criticizing Harvard law professor Adrian Vermeule’s Common Good Constitutionalism. Professor Vermeule and Conor Casey of the University of Liverpool School of Law & Social Justice have now replied in an essay forthcoming in the Harvard Journal of Law & Public Policy Per Curiam.  Here is the abstract from SSRN:

This short essay responds to several lectures and talks given by Chief Judge William Pryor Jr. of the United States Court of Appeals for the 11th Circuit critiquing common good constitutionalism. We demonstrate that the arguments advanced by Chief Judge Pryor in favor of originalism badly misfire, permit the very things Judge Pryor wants to rule out, and beg the critical questions about the classical tradition. In the end, they amount to little more than argument by slogan.

Meanwhile, Liberty Fund’s Law & Liberty site has posted “A Return to Classical  Law?”, a symposium on Vermeule’s book, with contributions from several noted scholars. These contributions are as follows:

Originalism for the Common Good
John O. McGinnis

A Common Good Requires a Common People
Jesse Merriam

Uncommonly Bad Constitutionalism
James M. Patterson

Policing Common Good Constitutionalism
James R. Rogers

Classical Historicism?
Paul Seaton

And so the discussion and debate continues.

The post Originalism, Common Goodism, and Conservative Constitutionalism appeared first on Reason.com.

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Is The US Going To Transition From Stagflation Directly Into A Full-Blown Economic Depression?

Is The US Going To Transition From Stagflation Directly Into A Full-Blown Economic Depression?

Authored by Michael Snyder via TheMostImportantNews.com,

Should the fact that the U.S. economy actually contracted during the first quarter actually surprise any of us?  Since the start of 2022, there has been crisis after crisis, and now the war in Ukraine is depressing economic activity all over the planet.  What we are facing could most definitely be described as a “perfect storm”, and the truth is that this storm isn’t going to go away any time soon.  But where do we go from here?  Will the U.S. economy bounce back, or will this new economic downturn soon become even worse?  Most economic optimists are assuming that the former will be true, while many economic realists are issuing dire warnings about what is ahead.

I was actually thinking of writing about something else today, but I knew that my regular readers would want me to talk about this

Gross domestic product unexpectedly declined at a 1.4% annualized pace in the first quarter, marking an abrupt reversal for an economy coming off its best performance since 1984, the Commerce Department reported Thursday.

The negative growth rate missed even the subdued Dow Jones estimate of a 1% gain for the quarter, but the initial estimate for Q1 was the worst since the pandemic-induced recession in 2020.

We already knew that inflation had started to spiral out of control in the United States, and now the “stag” part of “stagflation” has arrived.

So what caused this “sudden” downturn?  According to CNN, there are quite a few factors that can be blamed…

A push by the Federal Reserve to raise interest rates and combat high inflation. Supply chain shortages. An ongoing global health crisis. And of course, the geopolitical earthquake caused by Russia’s invasion of Ukraine, which is also threatening to create a world food crisis.

If the U.S. economy shrinks again in the second quarter, that will officially meet the definition of a “recession”.

But as John Williams of shadowstats.com has pointed out, if honest numbers were being used the U.S. economy would still be in a recession that started all the way back at the beginning of the COVID pandemic.

Everybody pretty much realizes that economic conditions are not great right now.

So are brighter days just around the corner?  That is what some pundits seem to think

The US economy will return to growth during the second quarter, according to RSM chief economist Joe Brusuelas. “Without a doubt,” he said.

“This is noise; not signal,” Pantheon Macroeconomics chief economist Ian Shepherdson wrote in a report. “The economy is not falling into recession.”

Maybe they will be right.

But if the economy is so strong, then why are foreclosure filings absolutely soaring?

Last month, 33,333 properties across the U.S. faced foreclosure, a 181 percent jump from March 2021 and 29 percent pop from February, according to a report by foreclosure tracker Attom. The first quarter saw 78,271 properties with a foreclosure filing, a 39 percent from the previous quarter and 132 percent from last year.

Needless to say, there are other experts that have a much more negative view on what is ahead.

For example, Nancy Lazar is warning of a “synchronized” global recession…

Piper Sandler chief global economist Nancy Lazar warned on Monday that the world is in the early stages of a “very significant” and “synchronized” recession.

In an appearance on “Mornings with Maria” Monday, Lazar noted that a recession is expected outside of the United States.

“It’s going to be a global recession pulling down [the] Euro zone in particular,” she told host Maria Bartiromo. “It looks like China GDP [Gross domestic product] in the second quarter could also be negative.”

Actually, if all we suffer is a significant global recession that will be really good news.

Because right at this moment inflation is dramatically spiking all over the globe, we are witnessing the largest land war in Europe since World War II, and the UN is telling us that we are heading into a horrific worldwide food crisis.

An increasing number of Americans are starting to realize that things are moving in the wrong direction.  In Gallup’s April survey, only 18 percent of Americans rated economic conditions as “good”, and only 2 percent rated them as “excellent”…

The GDP news comes on the heels of newly released polling data from Gallup that suggested that economy confidence is extremely low among the American public.

More than four in ten (42%) of Americans said that economic conditions in America were “poor,” while another 38% said that they were only “fair” in Gallup’s April survey. Just 2% said economic conditions were “excellent,” while 18% said they were “good.”

Those are terrible numbers, and they have very serious implications for the Democrats in the fall.

But instead of focusing on fixing the economy, Joe Biden wants Congress to give him another 33 billion dollars for the war in Ukraine…

President Joe Biden is asking Congress for another $33 billion to help Ukraine resist Russia’s invasion and provide humanitarian aid to the Ukrainian people.

The proposal, which the White House will send to lawmakers on Thursday, includes $20 billion in additional security and military assistance for Ukraine, another $8 billion for economic assistance and $3 billion in humanitarian aid.

This is complete and utter madness.

To put this in perspective, the military budget for Ukraine is normally about 6 billion dollars for an entire year.

And much of the equipment that the U.S. is sending to Ukraine is being blown up by the Russians before it can even get to the fighters on the front lines.

With each passing day it is becoming clearer to everyone that this conflict is really a proxy war between the United States and Russia.

And nuclear war is increasingly becoming one of the hottest topics on Russian television.  For example, the following is a recent exchange between two Russian television personalities that is making headlines all over the globe…

“Everything will end with a nuclear strike is more probable than the other outcome,” she continued. “This is to my horror, on one hand, but on the other hand, with the understanding that it is what it is.”

It was at that point Solovyov chimed in, “But we will go to heaven, while they will simply croak.”

“We’re all going to die someday,” Simonyan agreed.

“We’re all going to die someday”?

I certainly don’t like the sound of that.

Unfortunately, many Russians are now entirely convinced that nuclear war is coming.

But instead of pushing for peace, Joe Biden and his minions just keep escalating the conflict.

If we continue to go down this path, it will end in a nightmare.

Our current economic problems pale in comparison to the possibility of a nuclear conflict, but most Americans still don’t understand the implications of the decisions that our leaders are making.

Because if they did understand, there would be giant protests in the streets of every single major U.S. city right now.

*  *  *

It is finally here! Michael’s new book entitled “7 Year Apocalypse” is now available in paperback and for the Kindle on Amazon.

Tyler Durden
Fri, 04/29/2022 – 13:16

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Rancher Offers Elon Musk 100 Acres To Move Twitter’s Headquarters To Texas

Rancher Offers Elon Musk 100 Acres To Move Twitter’s Headquarters To Texas

Authored by Bryan Jung via The Epoch Times (emphasis ours),

An Austin rancher has offered to donate free land to Elon Musk for the use of a new Twitter headquarters in Texas, if he chooses to relocate the company from San Francisco to the Lone Star State, reported Austonia.

Elon Musk’s twitter account is seen on a smartphone in front of the Twitter logo, on April 15, 2022. (Dado Ruvic/Illustration/Reuters)

The board of Twitter accepted Musk’s deal to buy the social media platform for $44 billion on April 25, after weeks of media speculation.

Gov. Greg Abbott of Texas put out a public invitation to the tech billionaire to move Twitter’s headquarters to the state, where three of Musk’s other companies are already located.

Kim Schwertner, president and CEO of Schwertner Farms, soon made his own private bid to Musk.

Elon Musk, Move Twitter to Schwertner, TX. 38 Miles North of Austin in Williamson County, and we will give you 100 Acres for FREE,” Schwertner said on Twitter on April 26.

Schwertner owns 20,000 acres of farms and ranches on land just north of Georgetown, Texas.

We think it’s a good idea, especially when you’ve got Samsung coming to Taylor,” said Schwertner to Austonia.

Samsung Electronics is building a $17 billion chipmaking campus in the suburb of Taylor.

“I mean, this area is exploding and we want to be part of this explosive growth,” he said.

Schwertner said that the move would be a “win-win” for everybody involved, claiming that a business like Twitter would bring plenty of jobs to Texas and a boon for the local economy.

The Texas rancher’s offer has the support of Abbott, who promptly posted a tweet in support on April 27.

“I will declare it a ‘Free Speech Zone,’” said Abbott, “Maybe we can rename it Twitter, Texas. Think about it, @elonmusk.”

Musk, who already has a business relationship with the Lone Star State, announced last year that he would move Tesla’s headquarters from California’s Silicon Valley to Austin, Texas, after complaining about the Golden State’s unfriendly business environment.

The tech entrepreneur is also building a manufacturing plant for his SpaceX operations in Austin and his Boring Company is headquartered there as well.

The billionaire had purchased more than 2,500 acres southeast of downtown Austin in the city’s extraterritorial jurisdiction for his three companies.

Musk built a $1.1 billion factory on a small portion of the land, which is also Tesla’s new headquarters.

Other social media companies like Meta and TikTok also have their headquarters in Central Texas.

In an already deleted tweet, Musk had previously joked about turning Twitter’s Bay Area headquarters into a homeless shelter, which he claims is barely used since the pandemic placed employees at home.

“I just think with all the stuff he’s done, he evidently likes Texas, right or he wouldn’t have moved from California,” said Schwertner about Musk, adding he wants “to be part of his plan if he’ll come visit with us.”

In a reiteration of his offer, Schwertner wrote a tweet to Musk on April 27 and told Austonia that his proposal is a “serious gesture to help the citizens around Williamson County.”

Musk has yet to respond to or publicly acknowledge the Texas rancher’s offer.

Tyler Durden
Fri, 04/29/2022 – 12:35

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