Category Archives: regulation

Regulatory Problem, Regulatory Solution?

A dying patient in the UK’s NHS made the news after nurses refused to bring him a glass of water, despite his repeated begging. He died soon after of pneumonia. It really is a terrible story.

Had that poor soul lived in Arizona, he might not have had that problem. In that fine state, it is against the law to refuse someone a glass of water if you have any to spare.

As the U.S. slowly but surely hands its health care sector over to government, and NHS horror stories repeat themselves on this side of the Atlantic, this may become a more pressing issue than one would expect.

How to Fix Immigration’s Black Market

Alex Nowrasteh and I have a piece in today’s Detroit News arguing that liberalization, not regulation, is the way to shrink immigration’s massive black market. Our main points:

-New rules that came into effect this month, such as raising the minimum wage for H-2A visa holders (that’s the visa for low-skilled agricultural workers) makes cheaper undocumented workers look more attractive for employers. They actually harm legal workers.

-Other new regulations, including background checks, workplace inspections, and mountains of paperwork, cost thousands of dollars per employee. These regulations also make black market workers look more attractive.

-The way to reduce illegal immigration is liberalization. For agricultural workers, that means making their H-2A visas inexpensive, easy to obtain, and keeping the bureaucracy to a minimum.

-When legal channels cost too much in time and money, people will turn to illegal channels every time. That’s how the world works. Getting rid of immigration’s black market begins with admitting that fact.

This Is an Actual Law

Texas state law states that “When two railroad trains meet at a crossing, each shall stop and neither shall proceed until the other has passed.”*

Sometimes, I think legislators are just messing with us.

*Robert Wayne Pelton, Loony Laws, p. 2.

Friday Regulation Roundup

Government does more wacky things than anyone could possibly write about in any detail. Listed here are just a few that I dug up over the course of the week. If you have more, I’d love to hear about them.

206 occupations require licenses in New Jersey.

– Federal money is paying for a museum exhibit called “Race to the End of the Earth.” (Note: the earth is round.)

– In the market for a new air conditioner? Act fast, because new regulations are on the way.

– The federal government pays for a website that monitors jellyfish sightings.*

– Fear not: the federal government has a Potato Research and Promotion Plan.

– Last year, the feds started a Dairy Industry Advisory Committee. Let the rent-seeking begin!

– And finally: 2,000 House staffers make $100,000 or more per year.

*CORRECTION: Commenter Steve, who works at jellywatch.org, writes that “Our web site is NOT supported by the federal government in any way. It would not be a bad thing if it were, since people are dependent on fish which interact with jellyfish. However we are presently supporting the site through our volunteered time and money from our own pocket. The article you cite refers to associated research which our project will contribute data. Please correct your site accordingly.”

I take Steve at his word, thank him, and issue this correction. Federal money does go to jellyfish research, but not to jellywatch.org.

I also received a thoughtful email from  a colleague of Steve’s that deserves a thoughtful reply. I will post it this weekend.

Will the Jobs Bill Create Any Jobs?

Over at the American Spectator, I explain why it won’t, but a deregulatory stimulus would. Main points:

-Anything that Washington giveth, it must first taketh away from somewhere else. The jobs bill is a zero-sum game.

-When government borrows more, less investment capital is left over for the productive sector.

-Taxes will have to be raised later to pay for today’s increased borrowing.

-Deregulation is a better approach. The biggest obstacles to job creation and economic growth are all in Washington.

The Wisdom of George Stigler

George Stigler won a Nobel Prize for his work on the economics of regulation. He wrote extensively about regulatory capture, and in fact coined the term. He was one of only a few sane souls who stubbornly insisted that regulations be judged by their actual results, not their intended results. Good intentions, however noble, are not enough. Here’s an example of Stigler at his finest:

Regulation and competition are rhetorical friends and deadly enemies: over the doorway of every regulatory agency save two should be carved: “Competition Not Admitted.” The Federal Trade Commission’s doorway should announce , “Competition Admitted in Rear,” and that of the Antitrust Division, “Monopoly Only by Appointment.”

-George Stigler, “Can Regulatory Agencies Protect the Consumer?”, from The Citizen and the State: Essays on Regulation (1975), p. 183.

Federal Register Reaches 10,000 Pages

The 2010 Federal Register passed the 10,000 page mark this morning. It hit the milestone with a State Department request for grant proposals for a “One-time Competitive Grants Program – Competition A – Academic Programs.” $8,000,000 of grants are available if you’re interested.

I noted earlier that it only took 4 working days to top 1,000 pages. Now, after 42 working days, the grand total is 10,158. That’s an average of 242 new pages of rules and notices every working day.

Assuming 250 working days this year, the 2010 Federal Register is on pace to reach 60,464 pages. This would be substantially lower than last year’s figure of 68,598. Part of the slowdown is likely due to the four-day federal shutdown from last month’s snow storms. Another factor is a relative lack of major legislation (so far), as often happens in election years.

In-Flight Wi-Fi: Security Threat?

An article in this month’s Infotech & Telecom News on a TSA proposal to ban in-flight wi-fi quotes me at length. Here’s what I had to say:

“Are such restrictions justified? No,” said Ryan Young, the Warren T. Brookes Journalism Fellow at the Competitive Enterprise Institute. “The only way to prevent terrorism is to make terrorism difficult.

“Banning in-flight entertainment would not do that,” he added. “Terrorism is a rare threat, and it should be treated accordingly. Every time you board a plane, your odds of being a victim of a terrorist attack are about 1 in 10.4 million. You are 20 times more likely to be struck by lightning,”

‘Chipping Away at Freedoms’

“Terrorists can’t win by killing people,” Young said. “There are too many of us and too few of them. They win by making us overreact in fear. And that is exactly what the TSA is doing.

“Chipping away at freedoms like in-flight wi-fi might make people feel safer. But it doesn’t actually make them safer,” he said. “The TSA should make sure that all cockpit doors are reinforced. It should diligently screen checked baggage. Passengers know that sometimes they have to take matters into their own hands. Anything beyond that isn’t security. It’s security theater.”

Dangerous Driving
Young adds TSA’s reaction to the Christmas Day bomber and other potential threats could not just stifle tech innovation but also harm the ability of the airline market to improve its services.

“Banning in-flight wi-fi would hurt both the airline industry and technology companies,” Young said. “Some airlines, such as JetBlue, compete by offering fringe benefits that competitors don’t, like in-air wi-fi. Taking that away would make the airline market more homogeneous and less competitive.

“Banning in-flight wi-fi also poses a safety risk,” he added. “When flying becomes more onerous, some people will opt to drive instead. Per mile traveled, driving is far more dangerous than flying. Car accidents kill at least 200 times as many Americans as terrorists do each year.”

Strange Laws in Alabama

Jacob Grier has a Regulation of the Day of his own about some bizarre beer laws in Alabama. Take a look.

Federal Government Shuts Down Due to Snow

Few people outside of the DC area are likely to notice, but the recent snowstorm shut down the federal government today. Another big snow is on the way, so the feds are also taking tomorrow off.

The Washington Post reports:

Official estimate [sic] that closing the federal government for a day due to the weather costs roughly $100 million in lost productivity and opportunity costs, meaning this weekend’s storm will have potentially cost taxpayers at least $250 million, for last Friday’s early dismissal and Monday’s and Tuesday’s closures.

That is dwarfed, of course, by the opportunity costs of having a $3.8 trillion federal government in the first place. Not to mention the productivity losses.The federal government spends $49.1 billion enforcing regulations that cost nearly $1.2 trillion. if even half of that were freed up, imagine the good that would come of it.

The billions and billions of dollars spent on earmarks and stimulus would do far more good if that money stayed in the productive sector, subject to the self-correcting mechanisms of profit and loss.

In short: America benefits when Washington busybodies take a few days off. So enjoy it while it lasts.

There is great wisdom in Mark Twain’s famous adage: “No man’s life, liberty, or property are safe while the congress is in session.”