Seth Barrett Tillman: Have I Got A Sweet Deal For You …

Are you a law student in desperate search of an interesting topic for a note? … Or, are you a fundamentally burned out and deeply disappointed legal academic tired of writing papers lacking relevance and resonance—papers which no one reads—papers which are never cited and are soon forgotten? … Because if so, have I got a sweet deal for you. You can have this idea—with no money down, and at no cost to you. But you will want to post your work-product on SSRN or otherwise publish prior to May 26, 2017.

Read Seth’s full post.

Will Seth get any takers on his generous offer? He should. However, since the emoluments issue is mainly a political bat that partisans use against Trump, that would lose its value if Seth’s argument against its applicability to the President became widely accepted, it seems not unlikely that the answer (at least in the short term) is no.

Should we renew the Foreign Intelligence Surveillance Act?

There has been quite a bit of concern about an opposition to the Trump presidency set up in Washington by Obama and his allies.

Obama used the US intelligence apparatus to spy on Trump’s presidential campaign.

June 2016: FISA request. The Obama administration files a request with the Foreign Intelligence Surveillance Court (FISA) to monitor communications involving Donald Trump and several advisers. The request, uncharacteristically, is denied.

October 2016: FISA request. The Obama administration submits a new, narrow request to the FISA court, now focused on a computer server in Trump Tower suspected of links to Russian banks. No evidence is found — but the wiretaps continue, ostensibly for national security reasons, Andrew McCarthy at National Review later notes. The Obama administration is now monitoring an opposing presidential campaign using the high-tech surveillance powers of the federal intelligence services.

Why would the FISA court approve such a thing ? Why would the Obama people continue when no evidence was found ?

The controversy has continued and Susan Rice, the Obama NSC head, seems to be at the center of it.

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Our Quasi-Soviet Fiscal Policy

“It’s like deja vu all over again.”

Do Yogi Berra’s words of wisdom apply to the “new” trillion dollar “public infrastructure” program? The last program, still unpaid, focused on “shovel-ready” projects but somehow missed most potholes. Meanwhile, private companies are prepared to spend $100’s of billions on a new fiber optic internet super highway.

Is the current proposed public spending program more likely to pay off for taxpayers than the last one?

Historical Precedent

When the hammer and sickle flag was lowered for the last time in Moscow on December 25, 1991, the international finance agencies created in Bretton Woods in 1944, led by British economist John Maynard Keynes and the Undersecretary of the U.S. Treasury Harry Dexter White, found a new mission.

The International Monetary Fund (IMF), which is a “bank” according to Keynes, provided the financial infrastructure for international trade. The World Bank (WB), or a “fund” according to Keynes, was promoted by, known communist and accused Russian spy, Undersecretary White to help reconstruct European infrastructure, but primarily Russia’s infrastructure, in the wake of WW II destruction.

The IMF lost its raison d’être in 1971 after President Nixon eliminated dollar convertibility into gold, ending the Bretton Woods function. Russia turned down World Bank membership, so the Bank turned to lending for infrastructure projects in the “underdeveloped” nations, which by 1991 faced overwhelming political obstacles.

Assisting in the conversion of formerly centrally planned economies into capitalist market economies became the finance agencies’ new post-Soviet mission. However, few people had much of an idea of how to accomplish this. It had never been done before, and the IMF and WB were particularly ill-equipped as their charter limited them to lending only to governments. They were essentially statist organizations with little experience with (or sympathy for) competitive private markets (which helps explain why they remain chronically underdeveloped).

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To Kipple or Not?

Some time ago and in another blog-post I wondered if it were possible for those with conservative and libertarian leanings to develop some kind of secret password, or handshake with which to identify themselves to new-met acquaintances who might possibly share those inclinations. We tend to be polite, do not relish open confrontation and really, why pick unnecessary fights with neighbors, casually-met strangers, distant kin, or fellow workers? Most times, it just is not worth the hassle, or the chance of turning a casual social interaction or relationship turning toxic. Most of us do not eat, sleep, dream, live politics twenty-four-seven, anyway. But it certainly is pleasant to discover someone of like sympathies, usually after a few rounds of warily sounding them out, and assuring them that no, we will not come unglued if they confess to having voted for or liked (insert political figure or philosophy here).

But I think that I have hit upon a handy shorthand method for discerning the political sympathies of another without coming outright and asking. This insight came about through following a couple of libertarian-leaning or conservative blogs Sarah Hoyt and Wretchard at Belmont Club being two of the more notable and noting that the principals and many of their commenters all seemed au courant with Kipling.

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The Riot at Middlebury College and Academic Life.

Recently, Charles Murray, author of the book, “The Bell Curve,” a study of intelligence in the population, was invited to speak at Middlebury college, a liberal arts college in Vermont. His attempt to speak was interrupted by a riot which injured a professor at the college.

Inside Higher Ed’s story on the event explains that college officials admonished the students prior to the talk that they could protest but not disrupt Murray’s talk, which was to be about the way white America is coming apart—the title of his latest book—along class lines. Unfortunately, that admonition did no good. “As soon as Murray took the stage,” we read, “students stood up, turned their backs to him and started various chants that were loud enough and in unison such that he could not talk over them.

The confrontation continued after he had left the stage and attempted to move to another location.

And then matters turned worse. Fearing that there might be a raucous, disruptive mob instead of an audience of students willing to listen and consider Murray’s arguments, school administrators had set up a contingency plan. Once it became clear that the mob had killed the lecture, they moved to another location where Murray would give his talk, which would be live-streamed to students.

Sadly, that location was soon beset by the mob, with banging on windows and pulling of fire alarms. Murray and Professor Allison Stanger, who was the moderator for the talk, tried their best to continue a rational discussion.

Finally, Murray, Professor Stanger, and a few others tried to leave campus.

Mayhem resulted when Professor Stanger, who had been willing to state her agreement that Murray should not have been invited, was injured.

Why did this happen ? Tribalism ?

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