Monthly Archives: April 2010

Regulation of the Day 136: Off the Record

If you work for the Department of Energy’s Federal Energy Regulatory Commission, a regulation requires you to keep records of your off-the-record communications.

Which means off-the-record communications aren’t really off the record.

In fact, 18 CFR 385.2201(b) requires FERC to post a notice in the Federal Register whenever this happens. There was one today, for example. It’s public!

Which brings up the following conundrum: if FERC policy is that off-the-record communications are actually on the record, then there are no off-the-record communications. Therefore, regulations applying to off-the-record communications are at best redundant , because there are no off-the-record comments.

Oh, never mind.

On the Radio – Regulation

On Saturday at 4:30 EST, I will appear on “Main Street Talks Back” on KTNF 950 AM in Minnesota. We’ll be talking about federal regulations, how they sometimes interfere with state regulations, and how regulation affects consumers.

Regulation of the Day 135: Mustache Nets

CORRECTION: It appears that I’ve been had. Commenter Dietsch at Jacob Grier‘s blog points out that the article was probably an April Fool’s joke. There are such things as beard net regulations on the books in various cities. But this particularly amusing story appears not to be true; probably for the better.

Hair nets have been a staple of the food service industry for a long time. They are not the most dignified fashion accessory. But they serve a useful purpose. Just like church and state, hair and food are best kept separate. Hair nets are a much easier way to accomplish that goal than, say, mandatory baldness for all kitchen staffs.

Which brings us to the latest fad in Brooklyn’s trendy Cobble Hill neighborhood: mustache nets. For some reason,Victorian-themed restaurants and bars are all the rage right now. Bars are redecorating with old-fashioned furniture and artwork. Bartenders are redecorating themselves with outlandish 19th-century facial hair, from mutton chops to handlebar mustaches.

Unfortunately, a regulation from approximately the same time period is getting in the way of all this nostalgic fun. New York State law requires all persons with facial hair who are serving food or drink to wear a mustache net.

Regulators have been cracking down on un-netted mustaches. They have cited several establishments, as Chow reports:

The crackdown was a surprise to restaurant employees—one bartender apparently panicked and attempted to hide behind a taxidermied warthog. However, many of those cited have remained defiant.

“I’d be happy to have my staff wear mustache nets—if I could find a sustainable source,” said a representative of one of the establishments targeted in the raid. “And so far, I have not found a mustache net farm whose mustache netting practices I believe in.”

It’s pretty easy to see why the nets aren’t very popular. A Google image search for “moustache net” yields this picture:

Doesn’t exactly befit the image of a chic bartender. But in New York, that’s the law.

Get Well Soon, Bob Uecker

Bob Uecker is having heart surgery on Friday. He’s expected to be fine, but it will be about three months before he’s back in the broadcasting booth. He was calling tonight’s Brewers game against the Pirates, though.

While we wish Bob a fast and full recovery, it’s worth linking to some of his finest work, which happened in 2007 during a series at Pittsburgh. A furry convention was being held in the same hotel the Brewers were staying at. Hilarity ensued. If you don’t know what a furry is, you can look at this Wikipedia page. Or you can listen to Bob’s take here and here. Even if you think baseball is boring, this will make you laugh.

Advice to Tea Partiers

I have mixed feelings about the tea party movement. On one hand, it is wonderful that there is a large and vocal constituency agitating for lower taxes and lower spending. And while many tea partiers are appropriately wary of the Republican party, they certainly seem to skew conservative. And conservatives are no friends of limited government.

John Samples from Cato nails my sentiments exactly in the video below. Here is a list of his main points:

1. Republicans aren’t always your friends.
2. Some tea partiers like big government.
3. Democrats aren’t always your enemies.
4. Smaller government demands restraint abroad.
5. Leave social issues to the states.

The State of the Immigration Debate

Alex Nowrasteh and I expected some negative feedback on our article today on immigration reform in The American Spectator Online. We’re probably in the minority for favoring liberalization. And we’re probably a minority of that minority for using the law of demand as our primary argument.

I have a special affection for the Spectator; they were the first outlet to publish me more than once. They’ve let me write on all kinds of issues, from sports to politics to toxicology to economics, no matter what perspective I come from. Even better, I’ve gotten tons of thoughtful feedback from some very smart readers over the years. And we got plenty of that today from people who disagree with us, as expected. This is always welcome.

But one of today’s commenters makes me concerned about the level of debate on immigration. This is especially important since this divisive issue is heating up again in the wake of Arizona’s new law. I’ve reprinted his or her comment below unedited, and will offer no further editorializing, other than that this commenter in no way reflects on the Spectator, and that I hope it is satire.

Northern Rebel| 4.27.10 @ 4:15PM

Our “President’ admires communist countries, so I suggest he adopt the methods to prevent illegal immigration, that they use:
Torture, and Execution!

I posit the notion, that if we shot people the second they crossed into our country, illegal immigration would be a problem no more.

After the first hundred or so shootings, people would realize that we were serious about protecting our borders.

Let the shooting begin!

Regulation of the Day 134: Not Voting

The lede to this Denver Post article says it all:

RIDGWAY — Residents of this Old West- meets-New Age town can be fined if their fences are too high, they have too many chickens, their dogs aren’t on leashes or their weeds are out of control.

Tom Hennessy would like to add not voting to that list.

There are three things wrong with Mr. Hennessy’s proposed regulation. One is that mandatory voting is a violation of personal freedom. To vote or not is an important choice that people make for themselves. It is not Mr. Hennessy’s place to make that decision for others. Many countries have tried mandatory voting over the years, most notably the Soviet Union.

The second thing wrong with mandatory voting is that it violates freedom of speech. Mr. Hennessy is aware that compelled speech is just as unconstitutional as censored speech. That’s why he proposes a “none of the above” option on ballots. But some people are sending a deliberate message when they choose not to vote. Mr. Hennessy would fine them for sending that message.

The third point is that, maybe, some people shouldn’t vote. If I step into a voting booth not knowing a thing about the candidates or the issues, I am essentially choosing at random. And choosing wrong means voting against everything I stand for.

Even worse, human beings have built-in cognitive biases that affect their voting habits. Economist Bryan Caplan’s book The Myth of the Rational Voter identifies anti-foreign bias, anti-market bias, make-work bias, and pessimistic bias, for starters.

Even relatively informed voters fall prey to these biases. They vote accordingly. The difference of opinion between economists and the general public on economic issues is startling. Nobody argues relativity with a physicist thinking they’ll win. But voters from both parties argue against the laws of economics every election, often in error but never in doubt.

Despite its flaws, democracy has worked tolerably well in this country for a long time. Perhaps the best part of our particular democracy is that people are free to choose their level of engagement with it. That should be your choice. Not Tom Hennessy’s.

(Full disclosure: CEI takes no stance on whether to vote, or for whom. Neither do I. I personally have not voted since 2002, but seriously consider it every year.)

Fixing America’s Immigration Black Market

One of the problems with current immigration laws is that they raise the price of immigrating legally. Basic economics tells us that when something costs more, people consume less of it.

That’s why so many of America’s immigrants are turning to dangerous but cheap immigration black markets to enter the country. This is a problem with an obvious solution. In today’s American Spectator, Alex Nowrasteh and I make the case that lowering the cost of legal immigration through liberalization will reduce the amount of illegal immigration, and shrink cruel black markets.

Basic economics wins again.

A Quick Thought on Judicial Activism

Judges routinely defer to the will of the legislature and the executive. This is exactly opposite of their intended duty. A judge’s job is to be a thorn in the side of the other two branches; he is to be their conscience, if political animals can be said to have such a thing.

How about some more judicial activism, then? Most of the laws Congress passes are unconstitutional. A judge who defers to Congress isn’t doing his job. More activism on that front would be most welcome.

What a shame then, that progressives and conservatives so often misuse the word “activist” as a slur to describe any judge they disagree with, no matter how submissive that judge actually is. Their intellectual sloppiness has cost a useful word its true meaning.

Friday Regulation Roundup

Some of the stranger governmental goings-on I’ve dug up recently:

-It is illegal to deface milk cartons in Massachusetts. The punishment is a $10 fine.

-If you aren’t quite sure about the definition of “children’s product,” a proposed regulation would clear that up. Here’s a small sampling: “A determination of whether a product is a ‘children’s product’ will be based on consideration of the four specified statutory factors as further described in the discussion and examples provided in this interpretative rule.”

-The federal government has an Advisory Committee on Immunization Practices.

-The government spends $23m per year on the National Agricultural Library.

-Wondering what the prevailing consensus is surrounding trailer homes? Check out the government’s Manufactured Housing Consensus Committee.

-Stimulus money is being used to replace peoples’ mailboxes – in some cases against their will.

-Eat your vegetables: The federal government has a Dietary Guidelines Advisory Committee.

Seasteaders take note: the federal government has an Outer Continental Shelf Policy Committee.

-$110,000 in stimulus money was spent on an industrial-grade, automated pizza oven.

-It is illegal for a 9th grader to have a mustache in Binghamton, New York.