解説

Here is an article from the Spring 2004 issue of the journal Independent Review, offering some libertarian perspective on oil spills. I almost never agree with Murray Rothbard or his acolytes. But I do find them interesting to read. That Anti–Industrial Revolution Lawsuit: Behind the Scenes Carter Wood (senior communications advisor with the National Association of Manufacturers) writes at Point of Law about speculation that a Leftist judge may have chosen to blow up the Fifth Circuit quorum that was set to hear Comer v. Murphy (For background on the suit, see BRC News, June 1, 2010). And here, from Russell Jackson, is an excellent summary of where things now stand in the suit.

2010年6月22日

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Attorney-Client Privilege under Attack in Manhattan The new Manhattan DA, Cyrus Vance Jr., via his assistant Daniel Alonso, has just issued guidelines for charging businesses and other organizations with crimes because of the behavior of individuals who work for those organization. (Hanging over the guideliness, of course, is the memory of Judge Lewis Kaplain’s rebuke to the U.S. Attorney’s Office for the Southern District of New York, in the KPMG case.) At “White Collar Crime Prof Blog,” Ellen Podgor notes that Vance keeps open the door to demanding a company waive the attorney-client privilege if it wants credit for cooperationg. By contrast, footnote 7 in the DA’s document observes: “A particularly sensitive issue was whether an organization’s willingness to waive the attorney client privilege and work product protection should be considered under the rubric of cooperation. In 2006, through what is known as the McNulty Memorandum, DOJ modified, but did not eliminate, a federal prosecutor’s authority to demand or seek such privilege waivers as a factor of cooperation. DOJ’s latest word on the subject, issued in August 2008 by Deputy Attorney General Mark Filip, barred federal prosecutors from seeking privilege waivers from organizations (emphasis added).

2010年6月22日

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Death by Rigidity The FTC is attempting to curb a sales pitch for Rice Krispies. And the effort involves an interesting syndrome. One of the more insidious methods of attacking capitalism is to take a theoretical model of how it “should” work and then force actual capitalists to operate “by the book.” The most egregious instance of this is the absurdity known as “perfect competition,” which declares how capitalist competition “should” work and then serves as a Procrustean ideal that allows bureaucratic regulators to torture actual competition. Nearly as absurd is the apparent model of “perfect advertising” that the enemeies of capitalism have tried to foist on the system. In a capitalist exchange, they say, the seller informs the buyer of what he has for sale and the buyer then determines if he values that product more than the money it would cost. Thus, an example of “perfect advertising” would be one of those unreadable sheets of miniscule print that comes with a prescription medicine.

2010年6月22日

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Ever since the Deepwater Horizon spill began on April 20, commentators have been playing the game of “what if?” What if George W. Bush were in office: Would criticism of the president be harsher? The answer is: of course. Most commentators and analysts understand that President Obama embodies that elite intellectual class—“the adversary culture,” in Lionel Trilling’s term—that despises commercial and industrial civilization. Consequently, people reasonably presume that he neither has nor will cut BP any slack—indeed that he will not even deal with it justly. Were President Bush in office, the opposite presumptions would prevail, and rightly so.

2010年6月22日

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The Only Safety is Absolute Terror From an NYT article by Andrew Ross Sorkin: “The [credit-rating] agencies have a long history of getting it wrong. Enron, WorldCom, Penn Central—the ratings agencies always seem to be a day late and a dollar short. Yet since the 1970s, the ratings agencies have been imbued with a special government status—Nationally Recognized Statistical Rating Organizations, they’re called—and a whole body of regulation has been written that revolves around ratings. Mutual funds, to cite one example, can hold only securities that have the highest investment-grade ratings.

2010年6月22日

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Having recently learned about the show American Greed , I thought it worthwhile to make one general point about that concept, “greed.” It is a complete red herring. It implies that the pursuit of money is what makes many bad actions bad, and conversely that the pursuit of money is capable of making otherwise good actions morally dubious. And that is just not true. Money is not a moral pollutant of action. MINAMPOA! (Pronounced min-am-PO-ah.)

2010年6月22日

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Independent Review has published an article by Bruce Yandle on the cause of the financial meltdown. The Gulf Spill An excellent article by Richard Epstein, as usual, on why punitive damages and criminal prosecutions are undesirable in the BP case.

2010年6月22日

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Ayn Rand said that the theme of The Fountainhead is "individualism versus collectivism, not in politics, but in man's soul." I want to comment on three specific aspects of this theme, as it is embodied in Roark's character and his interactions with the other figures in the novel... Roark is a man of independence, he is an egoist, and he is a creator, a paragon of productive achievement. These three concepts—independence, egoism, and achievement—are the key to understanding the moral sense of The Fountainhead and the ways in which it differs from the conventional ethos. ...Rand makes it clear from the outset that independence does not consist in nonconformity. Henry Cameron says to Roark, "I wouldn't care, if you were an exhibitionist who's being different as a stunt, as a lark, just to attract attention to himself. It's a smart racket, to oppose the crowd and amuse it and collect admission to the sideshow." Later on, we meet a number of artists, protégés of Toohey, who are engaged in precisely that kind of racket; the writer who did not use capital letters, the painter who "used no canvas, but did something with bird cages and metronomes," and the like. When Toohey's friends ask him how he can support such rabid individualists, he smiles blandly. He knows that these "iconoclasts" are merely playing off conventions, for the sake of shock value; they are just as dependent on others as the most abject conformist. And most of them, like the writer Lois Cook, have a smirking kind of awareness that they are getting away with something, foisting trash on a credulous public. (I sometimes think that Andy Warhol got his ideas from these passages of The Fountainhead .)

2010年6月14日

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Question: What is the Objective position on www.fairtax.org? Answer: The Atlas Society does not focus primarily on political policy, and we do not have any position on the organization you mention. In politics, we favor a radical downsizing and simplification of the functions of government at all levels. We advocate a government strictly limited to its functions in providing and enforcing law and providing national defense, and hope for a government that is restricted to upholding individual rights.

2010年6月11日

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Question: I am not a socialist, but I have a question on the nature of socialism. How does nationalization take place in non-communist European countries? I heard it was through purchasing the company. How is this a violation of property rights if your company is being purchased? Answer: The right of property is a right of action: the right to pursue the material benefits one needs to live and flourish, and the absolute right of possession once these have been secured. So, property rights include the freedom to use or voluntarily trade away one’s possessions as one sees fit, including the right not to give up or sell one’s property at any price. It is a violation of this right to conduct a transaction on the basis of force—as opposed to voluntary trade—even if some monetary compensation is paid in an attempt to excuse what is, at root, an act of robbery.

2010年6月11日

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Many Leftist commentators are getting riled up about a report that BP’s damages in the Deepwater Horizon oil spill are limited to $75 million. Here is Matthew L. Wald, writing yesterday at “Green,” the NYT’s Energy and Environment blog: "A 1990 law, the Oil Pollution Act [OPA], limits claims by fishermen, hotel owners and others against the operator of an offshore platform causing such pollution to $75 million." That is so misleading as to be false. BP is in Deep Something, and it isn’t Deep Water. Since the explosion occurred on April 20, the company’s stock has lost a quarter of its value, and no wonder. Analyst Greg Smith told Bloomberg that the ultimate cost to the company may be $10 billion.

May 29, 2010

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Imagine a person so utterly lacking in ordinary human feelings that he would pay one million dollar’s to man’s wife for handing over corporate information found on the fellow’s home computer. Would that not be the lowest act of insider trading imaginable? Would that not be the ultimate in despicable greed? Well, no, actually. That would be your high-minded, greed-fighting SEC at work .

May 28, 2010

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Former Google executive Brian Reid is suing the company for age discrimination, claiming that he was let go because he was not considered a “cultural fit” with the youthful corporate outlook. A district court found in the company’s favor, but an appeals court threw out that ruling. Now the suit is before the California Supreme Court. At issue, apparently, is the so-called “stray remarks” doctrine invented in 1989 by U.S. Supreme Court Justice Sandra Day O’Connor. Adding injury to insult, Reid was let go shortly before Google went public, which cost him a potential payday well into the millions of dollars.

May 27, 2010

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BOOK REVIEW: Randall Smith, The Prince of Silicon Valley (New York: St. Martin's Press, 2009), 368 pp. $30.00. Why was this biography published? True, the career of Frank Quattrone must be of interest to anyone concerned with American business history: He was the premier investment banker of the 1990s. But Quattrone today is only 54, and he has (as of March 2008) launched a new firm: Qatalyst Partners, self-described as “a technology-focused merchant banking boutique.” So, one could understand the publication of a lengthy magazine profile of Quattrone’s past, present, and future. But a book-length biography? It seems oddly timed. The explanation, I suspect, is that The Prince of Silicon Valley was never intended to be a biography of Quattrone, only an invitation to his beheading. It was probably conceived as another installment in the Left’s endless saga of “corporate crime and punishment.”

May 11, 2010

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May 5, 2010 -- “Billionaire Warren Buffett said he has studied the civil fraud charges against investment bank Goldman Sachs and has no problem with the transaction involved. Buffett, who is Berkshire Hathaway’s chief executive [and a major investor in Goldman], said yesterday that he thinks he understands the allegations against Goldman better than most people, and he does not believe the Abacus deal at the center of the case constitutes fraud.” So says an Associated Press report published on May 3. Unfortunately, I do not believe that Goldman’s chances of prevailing in court are as good as Warren Buffett thinks they are.

2010年5月6日

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There are people whose jobs require some degree of worst-case thinking. I am one of them. Whole teams of threat assessment practitioners in my firm Gavin de Becker and Associates, spend their time developing contingency plans and responses to cover a variety of unfavorable outcomes. For example, making arrangements for a controversial public figure to give a speech at a rally about an emotionally charged political issue calls for contingency plans about many kinds of things that could happen, but we put more effort into those possibilities that are most likely. An assassin in the audience, at the vehicle arrival area, or along the foot-route from the car to the holding room, a sniper in the distance, a bomb that was placed a week before the event, someone trying to strike the public figure, even a pie attack—all these things and more are on our list during the days of planning leading up to such an appearance. I do not oppose contingency planning. I do oppose time-wasting, however, and in my firm, in my life, and in your life, everything we give energy to takes energy away from something else. Accordingly, we are wisest to put our resources where they’ll be most likely to return some benefit.

May 1, 2010

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What should become of “Dollar Thrifty Automotive Group”? Should it go to Hertz? Should it go to Avis? How will this affect competition with Enterprise? I have no idea. Neither does the FTC, of course. But that it will not prevent it from issuing a decree obviating the judgment of the market. (Incidentally, this report from Reuters was written by Bijoy Koyitty in Bangalore--remarkable testimony to the globalization of business and business commentary.) spiderID=515

Apr 24, 2010

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April 13, 2010 -- Little more than one hundred years ago, women did not have the right to vote anywhere on Earth. Over the course of the twentieth century, this measure of women’s second class status faded away, and women’s suffrage gradually became all but universal. Today, every frontier is open to women—including the final frontier, as at this very moment, a record four women are circling our planet aboard the International Space Station. Given the advancement of women’s rights, it is hard to understand why any woman living in a free country would voluntarily cover her face in public. Yet some tiny minority of Muslim women living in the West do choose to wear the niqab, a full face veil. A Quebec law proposed late last month, Bill 94, would interfere with that choice. It would entrust top government administrators with the power to forbid public sector employees, as well as those using government services, from covering their faces if “reasons of security, communication or identification warrant it.” The controversial proposal has touched off a fierce debate within and without the Canadian province on what it means to be modern, tolerant, and free.

Apr 15, 2010

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November 8, 2006 -- [In my article on "The Battle for the Soul of the Republican Party" in the Fall 2006 issue of The New Individualist magazine, I analyzed the likely results of a GOP turning more and more to big-government, interventionist policies. In that issue, TNI editor Robert Bidinotto's piece called "Back to the Future?" looked at the philosophical degeneration of the Republican Party. The results of the party's direction were seen at the polls in the 2006 elections.] Months of prognostication about the pitiful performance at the polls predicted for Republicans has now given way to prescriptions about the direction of the party. Should the GOP move to the center, the right, or the left? Truth be told, Republicans right now are just going around in circles. The party's own confusion and incoherence about what it stands for will ensure that it continues to wander in the political wilderness; it must once again take up as its guide the principles of liberty and limited government.

2010年4月4日

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エドワード・ハドギンズ

February 1, 2001 -- "There is no right to do wrong." So Alan Keyes used to say during his presidential campaign. Apparently, he either did not grasp or did not care that freedom implies the right to do wrong, inasmuch as a person permitted only to walk the straight and narrow does not walk this path freely. Of course, libertarians know well the truth of that observation, but today it demands a rider: Freedom exists only when the right to do wrong is more than nominal. With public funds, administrative regulations, and liability law seeping into every corner of our lives, true freedom exists only if the right to do wrong is not abrogated by the oblique controls these tools allow.

2010年4月4日

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