Category Archives: General

Epic Takedown Of “You Didn’t Build That”

you didn't build that

Over at Cafe Hayek is a must read takedown of the entire “YOU DIDN’T BUILD THAT!” charge.

Don Boudreaux lays out a cohesive, detailed, and very compelling case against the entire mentality behind “you didn’t build that.” In one sense, the charge is true. Whether public or private, the infrastructure and the products of an entire worldwide market in goods and services is a key enabler to allow entrepreneurs to be successful. This includes things like government roads, education systems, etc. This is true, and not really a point of argument.

But the “you didn’t build that” charge takes it one step further and places the credit for successful entrepreneurship at the feet of all that infrastructure. If this were the case, entrepreneurship would be easy. But it’s not. It’s what entrepreneurs do to create value above and beyond all that infrastructure that makes them successful. And that’s a story that isn’t well-written anywhere–until now.

I try to set a high bar for linking off-site, since I so rarely post. I do it when I see something that really deserves a read, and this post cleared that bar easily.

Walter Scott Shooting Is Reminder of Why We Must Defend Our Right to Record

A police officer in North Charleston, South Carolina has been charged with murder in connection with the shooting death of an unarmed motorist named Walter Scott.

Patrolman Michael Slager initially claimed that following a traffic stop for a broken headlight, motorist Walter Scott tried to take Slager’s taser. The two struggled, Slager feared for his life, and shot Scott as the two fought over the taser.

Then an absolutely devastating video emerged. The video shows Slager shoot the unarmed Scott eight times in the back as Scott tries to fee. After the shooting, Slager handcuffs the dying man, leaves him lying facedown without medical attention, and retrieves an object to drop near the body.

After the video emerged, Slager, a five-year veteran with the force, was taken into custody, charged with murder and denied bond at his initial hearing. He was fired from his position with the force. The attorney who went on record with Slager’s story about the shooting occurring during a struggle over the taser is no longer representing him.

Query:

How do you think it would have played out without the video?

All over the country, our right to record is under constant assault from police who treat citizens recording them as law-breaking obstructionists. Walter Scott’s death is a stark and heartbreaking reminder of why we must vigorously defend the right to record.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

Quote of the Day: Jason Pye on the Smarter Sentencing Act

pye

Jason Pye, former contributor to The Liberty Papers and current Director of Justice Reform at FreedomWorks posted an article yesterday for Rare Liberty about some promising political developments in the area of criminal justice reform. Perhaps one of the most promising of these developments at the federal level is a bill being considered is S.502 – The Smarter Sentencing Act.

Jason explains why he believes this reform is a step in the right direction:

With federal prison spending booming, an unlikely bipartisan alliance has emerged to bring many of these successful state-level reforms to the federal justice system. Sens. Mike Lee (R-Utah), Ted Cruz (R-Texas), and Rand Paul (R-Ky.) have joined with Dick Durbin (D-Ill.), Cory Booker (D-N.J.), and Sheldon Whitehouse (D-R.I.) to reform federal mandatory minimums – a one-size-fits-all, congressionally mandated approach to sentencing.

[…]

The Smarter Sentencing Act would expand the federal “safety valve” – an exception to federal mandatory minimum sentences for low-level nonviolent offenders with little or no criminal history – and cuts in half mandatory minimum sentences for nonviolent offenders. This more rational approach to sentencing will reduce costs on already overburdened taxpayers. The nonpartisan Congressional Budget Office estimated a net $3 billion cost-savings over a decade. The Justice Department believes the bill will save an eye-popping $24 billion over 20 years.

The benefits of the Smarter Sentencing Act may not end with the fiscal savings. It could also reverse the damage done by federal mandatory minimum sentences in certain communities, which, as Lee recently explained, “have paid a high cost for the stiff sentences that mandatory minimums require.”

Most Police Abuse Committed by a Handful of Officers

cop punches woman

Jonathan Turley at Res Ipsa Loquitur has posted an interesting snippet about a study concluding that the majority of police abuse incidents are committed by a small group of officers:

… A relatively small number of officers are responsible for over half of police abuse claims. We have seen similar results in studies of malpractice cases of doctors. Yet, this small group of officers not only tarnish the reputations of all officers but cost massive amounts of money. …

Law professor Craig Futterman, who runs the University of Chicago’s Civil Rights and Police Accountability Project, has done some interesting work in this area. His study of the Chicago Police Department found the same officers fueling these costs. It suggests that a better job of self-policing could result in substantial savings for police departments and more importantly greater protection for citizens.

UCLA law professor Joanna Schwartz has found similar results.

In the wake of the shooting of two police officers in Ferguson, Missouri, and the executions of two officers in New York City in December, it is unquestionably important to keep this in mind. I generally think most of us in the reform movement already know it.

The problem is that we lack confidence in police efforts to police their own. As Turley notes:

…Most cities still resist keeping records that would help identify such officers and track patterns. This would seem to offer obvious areas of reform for departments. We have certainly seen anecdotally that officers involved in controversies often seem to have checkered histories of prior lawsuits or serious complaints. The problem is the political will to implement the academic findings.

The lengths departments are willing to go to remain ignorant of the bad apples in their barrels are reflected in the costs passed on to taxpayers. Chicago paid a half a billion dollars over a ten year period. New York City paid that amount over a five year period. A single division in Los Angeles cost the city $125 million.

Yet Lou Reiter a former Los Angeles deputy police chief who trains police departments on “liability management,” says departments rarely ask themselves what they could have done differently to avoid those costs. Instead they blame the courts or the public for not understanding the difficulties inherent in the job.

Many do not keep records or make an effort to run the numbers to identify the “relative handful of officers” who account for half of all complaints:

While New York City pays the Police Department’s skyrocketing legal bills, the department makes almost no effort to learn from lawsuits brought against it and its officers. The department does not track which officers were named, what claims were alleged or what payouts were made in the thousands of suits brought every year.

What’s more, officers’ personnel files contain no record of the allegations and results of lawsuits filed against them. Neither the Police Department’s Internal Affairs Bureau nor the Civilian Complaint Review Board investigates allegations made in lawsuits, and police officials review only the litigation files of the few dozen cases each year that result in payments of $250,000 or more.

The majority of police officers are innocent of abuse.

But when good men do nothing, evil triumphs.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

No-one Should Be Forced to Join a Union Against Their Will…

seiu-protest-reuters-e1415042946858

From Reuters:

Wisconsin Senate approves right-to-work bill, sends to state Assembly

BY BRENDAN O’BRIEN

(Reuters) –

The Wisconsin Senate narrowly approved a “right-to-work” bill on Wednesday that would bar private-sector employees who work under union-negotiated contracts from being required to join their unions or pay them dues.

 

 

The bill, which would make Wisconsin the 25th U.S. state with a right-to-work law on the books, cleared the Republican-led Senate on a 17-15 vote following hours of debate marked by periodic angry shouts from opponents in the Senate gallery.

 

 

Supporters of organized labor chanted “Shame!” as the legislation was passed and sent for further consideration to the state Assembly, where Republicans also hold a majority.

 

 

One Republican senator, Jerry Petrowski, broke with his party and joined all 14 Democrats in the chamber in voting against the measure.

 

 

Wisconsin Governor Scott Walker, a possible Republican presidential hopeful, is expected to sign the bill if it reaches his desk.

Walker drew accolades from conservatives across the nation in 2011 when he ushered through legislation curtailing the powers of most public-sector unions in Wisconsin amid large protests at the state capitol in Madison.

 

 

Supporters of the right-to-work measure contend it could attract more businesses to the Midwestern state.

“I think this is something that is going to have a direct impact on the manufacturing sector in Wisconsin,” Senate Republican leader Scott Fitzgerald said after the vote.

 

 

Opponents cast the bill as an assault on organized labor and blue-collar workers that would limit union revenues.

“They are evaporating the middle class, and no one in this room seems to care,” Senator Dave Hansen, a Democrat, said during the floor debate.

So ignore the rather clearly biased language in the piece and video linked above, if you bother clicking through and reading it… If you’ve seen one piece about the subject, you’ve pretty much seen them all, and this one is no different.

Wisconsin is debating “Right to Work” legislation in house committee right now, after passing in the senate. A right to work measure (which may or may not be substantially identical to the one passed by the senate) is likely to pass the house as well, and governor (and likely Republican presidential candidate) Scott Walker is likely to sign it.

As per usual, leftists are up in arms about anything that might favor individuals over organized labor…”Anti-worker, anti-poor, anti-little guy, anti-union, destroying the middle class, 1% evil” etc… etc…

Bull

Can someone tell me how making it illegal to force someone who doesn’t want to join a union, to join a union… is anti-union?

That’s all “right to work” means… You can’t be forced to join a union if you don’t want to, and employers can’t be forced by the government to recognize or deal with a particular union if they don’t want to.

The “right to work”, is simply the right to freely associate and form contracts as we choose, which is supposed to be a right guaranteed us in this country (of course, so often it is not… but that’s another issue entirely).

Wait… What? Unions can force people to join who don’t want to?

Yes, they can, and they do.

Most people don’t know this, but in 26 states, unions are given special powers and privileges by the government, which you as in individual, or a private company or other organization would not have.

One of these, is that you can be forced to join a union against your will, if you want to get a job in a particular industry, or at a particular employer, or to keep your job at an employer after a union comes in.

Worse, in some states, you can opt out of the union, but even if you do, the union can still take dues straight out of your paycheck against your will, as if you were a member. They can also negotiate for you against your will, and set the terms and conditions under which you work, against your will.

Of course, since you aren’t a member, even though they’re taking your money and controlling your job, you don’t get to vote in the union, control its decisions in any way, or get any of the benefits of membership. The union gets your money, and all the benefit as if you were a member, without actually having to be accountable to you at all. And there’s nothing you can do or say about it.

Oh and the union can then do things like use that money to get politicians you oppose elected, get legislation you oppose passed, and change the terms and conditions of your employment against your will, without your approval or consent.

In those same 26 states (as well as federally in some cases), employers can be forced to recognize and negotiate with a union, even if they don’t want to. In fact, even if the union doesn’t actually represent their employees in some cases, or only 50.01% of their employees decide that a particular union will represent them.

“Right to Work”, is about ending some of those, frankly insane, conditions that unions operate under.

… Or at least that’s what it’s supposed to be about… It doesn’t always end up that way, because politics is what it is, so you have to be careful and pay attention to the details…

In “right to work” states, unions are still free to form, recruit members, and to collectively bargain in those members interests with employers. Workers are still free to join unions. Employers are still free to negotiate terms and contracts with the union, and if the employers don’t want to negotiate, unions are still free to use the power of their membership to make the employer negotiate through strikes, work stoppages and slow downs, and other organized labor actions.

The only difference, is that the union just can’t FORCE anyone to join the union, or force employers to negotiate with the union, or get the government to do it for them.

Why is this a bad thing?

It isn’t. Straight up, it isn’t.

It’s not bad for employees, it’s not bad for employers, it’s not actually bad for the unions if the unions are doing what they’re supposed to be doing, It’s not bad for consumers who consume the goods and services these employers provide.

In fact, in reducing union overreach to whatever extent it may (probably not too much, but one can hope), and in reducing the overall cost of doing business in the state of Wisconsin, it’s likely to benefit consumers with lower prices, and potentially with more business and more jobs in the state

This doesn’t always work out… It has generally done so in relatively business friendly states like Tennessee, North and South Carolina, Georgia, Alabama (I said relatively… relative to Illinois, New York, Wisconsin etc..). In those states, which are right to work, non union manufacturing has generally done well, in some cases even boomed. Not only that, but wages have substantially increased in those areas, not crashed as predicted by unions.

Right to work has not had as positive an impact in say, Indiana, or Michigan (yes, Michigan has been right to work since 2012… and yes, organized labor is still having a collective fit over that fact), which are comparatively less business friendly, higher tax, higher regulatory burden, and higher cost of living. In fact, mostly, companies have used the change in status to help them get rid of legacy contracts which were burdening their bottom lines, and then move to other states.

That however isn’t really the fault of right to work… it’s the decades of anti-business regulation and being forced to accept bad union contracts (and to be fair, decades of bad management as well).

Overall, right to work in and of itself is not a negative for anyone… well… except two groups.

The only parties it’s bad for, are union officials, and the politicians they’re in bed with). The officials depend on the politicians to pass legislation that favors the union officials, in exchange the politicians depend on the officials for large donations, and the use of their organization for street level politics (campaign volunteers, donor lists, call lists, phone rooms, rally fillers, doorbell ringers etc…). Without the forced membership and dues, the union officials don’t have as much money to donate to those politicians in exchange for favors, nor as many warm bodies to throw at their campaigns.

Also, if people can leave the union at will, it means that those officials have to watch their steps, and actually be accountable to union members…. Unfortunately something which has proven to rarely be the case today.

Leaving aside the corruption angle, and even the economics of it…

Does “right to work” reduce unions power? Potentially yes, if people don’t want to join, or want to quit the union.

However, I don’t see that as a bad thing. Why would that be a bad thing?

If people don’t want to be members of the union, why should the union get more power? Or any power at all?

Shouldn’t a union get it’s power from the strength of it’s membership, who support it, and in turn are supported by it? Shouldn’t a union attract and retain members because they are effective at doing so?

If they can’t do that… why should the union exist at all?

If they CAN do that, then why do they need the government to force people to join, and force companies to negotiate with them exclusively?

If the unions actually do what they’re supposed to do, and what they say they do… Why is this even an issue?

Right… thought so… 

Here’s the thing though… Even if it were a provable economic net negative, that actually did harm jobs and wages, and even if all of the horrible terrible no good very bad things unions and democrats claim of right to work were true…

…I would still be in favor of right to work.

Why?

It’s a question of individual rights

I generally favor right to work, because I’m in favor of fundamental individual rights, including, but definitely not limited to: freedom of conscience, freedom of association, freedom of self determination, the right to private property, the right to the fruits of ones labors, and the freedom to make contract as one sees fit.

I generally support right to work legislation, presuming that’s what it really is (as with all legislation, what it claims to be, is often nothing to do with what it is, so pay attention to the details), because no-one should be forced to join any organization against their will (even if it’s absolutely for their own good), and no organization should have the right to control others in the way unions do, without those persons consent (even if doing so is to those persons benefit). It really is that simple.

For that matter, in general, I oppose involuntary collectivism, and preventing involuntary collectivism is what “right to work” is supposed to be about.

I’m all for voluntary collectivism… absolutely 100%. If you agree and consent to be a part of a group, and to take action as part of that group, or be represented by that group, great. More power to you, and to them.

In fact, I’m all for unions. I think collective bargaining is a wonderful and powerful tool, and I wish more people across more industries and market segments would take advantage of it.

An aside… I’m not just blowing theoretical smoke here. I’ve got a personal stake in this, both as a matter of principal, and as a practical matter in my own profession.

The level of worker exploitation, and in general negative, harmful, and just plain stupid labor practices in information technology, my chosen profession, is absolutely despicable.

Employers routinely extract far more labor from employees than they are paying for, or than that is reasonable for employees quality of life or professional development; while at the same time deliberately suppressing those employees wages, and denying them opportunities for improvement or advancement.

… and we allow them to do this. We accept it, because we don’t believe we have the power to change it, or we feel too insecure to do so.

The only way these conditions are going to change, is if they obviously  and clearly no longer work to increase profits or improve stock prices.

Actually, it’s been repeatedly and conclusively proven they not only don’t help, but they substantially harm organizations, including their bottom lines… but execs still love them because the stock market loves them (That’s another issue entirely)

That being the case, the only way needed change is going to happen, is if enough of us in the profession stop accepting these conditions, and do something about them.

A company can’t be pumping its stock prices, if it doesn’t have anyone keeping it’s computers and networks operational…. or at least not for more than a few weeks. 

 

 

Stop working for companies that use these practices. Insist on being paid for our time. or in receiving compensatory time off. Report companies for labor law violations, and make sure the laws are properly and evenly applied, through the use of the media and political pressure (I think most labor laws are horrible and stupid and shouldn’t exist, but so long as they do, the greater tyranny is that they are applied capriciously and unevenly based on political whim, and lobbying).

Most importantly, as managers, leaders, and thought leaders in the industry, don’t allow and accept these practices in your own organization. When they pop up… and they will.. gather together, and pound them into the dust before they can take over.

One of the more effective ways we could do all of that, is with collective bargaining, and collective and consistent messaging to the media, and politicians (though sadly, I don’t think it’s likely to happen any time soon). Not necessarily a union, but some type of voluntary collective organization to increase our negotiation power and leverage, and help to prevent things like companies requiring hundreds of hours of uncompensated overtime.

If enough of  us act… whether collectively or as individuals, we can force changes. Without enough of us acting in concert, we can’t… And if we can’t, we’re left depending on the government to “fix” things… and you know how I feel about that. 

It’s when you take that choice away by force, that I have issues. Forced unionization is never OK… and that includes “democratic” forced unionization.

Just because you got a few dozen of your friends together and you all voted to give you the “right” to control everyone else, doesn’t actually give you the right to control everyone else. Even if there’s 50 million of you, and 1 of everyone else. Otherwise, there are no individual rights, only privileges and entitlements dispensed by the will of the majority. That’s no less tyranny than a dictatorship of one man… and in some ways is a greater one.

“Oh, but democracy is great. It’s the will of the majority, so you just have to go along”

Right… because giving more control over your life to everyone else is always a great idea, especially when jobs and money are at stake.

Giving your coworkers a vote on how much you can make, how much you can get paid per hour and how much of a raise you can get when, how many hours you can work, what tasks you can do, how you can do them, whether or not you can be promoted and when…

…Actually, often a veto, not just a vote…

And people like this idea why?

No thanks. Not up for that.

I have no problem with unions, in fact I think they’re great in theory, and I’d like to see a lot more of them, a lot more active, doing what they are supposed to be doing…

So long As:

1. Participation (including fees or dues) is voluntary
2. They are not given special privileges or powers over individuals or employers by the government
3. Individuals and employers are free to negotiate and form contracts outside the union
4. The union cannot set the wages, benefits, conditions and terms of employment, and working conditions; for individuals or employers, without their consent.

If they’ve got consent for collective representation of all the workers, and the employer agrees to the conditions and terms… GREAT. That’s what collective bargaining is for.

Otherwise, what gives you or anyone else, the right to determine those things for me, my employer, or anyone else?

Just because you and your friends voted on it?

I don’t think so, no.

 

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

1 2 3 4 93