Happy New Year

According to MSNBC, 40,000 new laws come into effect today.

On to the Playoffs

What a game. Lots scoring, lots of lead changes, and there was even a streaker on the field in the fourth quarter, making this writer glad he listened to the game on the radio. When it was all over, the Packers backups beat a good Lions team 45-41 to finish the regular season 15-1 — the best record in franchise history.

The team went 13-3 in 1996 under Mike Holmgren and 13-1 in 1962 under Vince Lombardi. They won championships in both of those years.

Detroit remains winless in the state of Wisconsin since 1991.

Backup quarterback Matt Flynn also made himself a lot of money today. The team decided to rest Aaron Rodgers and give Flynn his second career start. He did not disappoint.

In addition to throwing 6 touchdown passes — something Rodgers has never done — he set the franchise record for most yards in a game with 480. The Packers have a long tradition of great quarterbacks, from Bart Starr to Lynn Dickey to Brett Favre to Aaron Rodgers. None of them have thrown for as many yards in a game as Flynn did today.

He will be a free agent at season’s end, and should draw a lot of interest; hopefully he doesn’t sign with the Vikings.

The defense was missing its two best players today, Charles Woodson and Clay Matthews. It showed. Lions quarterback Matthew Stafford threw for 520 yards — meaning the opposing quarterbacks combined for precisely 1,000 passing yards. Receiver Calvin Johnson torched the Green Bay secondary for 244 yards, which is the most any receiver has ever put up on the Green Bay defense in the team’s 92-year history.

Despite all the yards allowed, the defense recovered two fumbles and intercepted Stafford twice. The second interception, courtesy of cornerback Sam Shields, clinched the game without about a minute left in the fourth quarter. It’s hard to win with four turnovers, but the Lions sure came close.

Both teams will be in the playoffs. The Packers get a bye week, and the Lions will find out who their next opponent will be shortly. If Detroit wins next week, they could well make a return trip to Lambeau Field in two weeks. The Packers will not be resting their starters in that game.

Regulation of the Day 203: Sledding

If you live in a part of the country where the winters are cold and snowy, some of your most cherished childhood memories probably involve sledding down a snow-covered hill. But in Beaver Borough, Pennsylvania, regulators guard that activity very carefully.

For one, children under 12 are required to wear helmets while sledding. That’s not particularly onerous, though there is an argument to be made about parental discretion. Sledding is also banned in some parks, though it is allowed in others. The Borough recently circulated a newsletter to confused residents explaining what’s allowed where.

The real kicker is that out-of-town children are not allowed to go sledding in Beaver Borough, on pain of a $25 fine. If out-of-towners are in Beaver Borough to visit friends or relatives, they’ll need to find something else to do for a family outing.

The town did this on the advice of its insurance company. Jon Delano, a local journalist, contacted the insurer to ask how a sledder’s home address could possibly affect any liability concerns. Perhaps sensing that this makes no sense, the company would not talk to him.

Of course, police officers have better things to do than find out where sledders live. Hopefully they realize that as they drive past families taking turns going down the hills of Roosevelt Park.

Happy New Year

I don’t care for the shopping-mall punk soundtrack, but this short video from CEI does feature a few Regulations of the Day. Click here if the embedded video below doesn’t work.

CEI Podcast for December 29, 2011: A Record Year for Regulation

Have a listen here.

Vice President for Policy Wayne Crews talks about why 2011 was a record year for both new regulations and their cost. He also talks about his efforts to make the opaque regulatory state more transparent. Besides his annual “Ten Thousand Commandments” report, Wayne has started a new TenThousandCommandments.com website to update regulatory data in real time. There is a also a 10KC Twitter account and a Facebook page to make it as easy as possible to keep an eye on what regulatory agencies are up to.

Light Blogging Ahead

I’ll be out of town for a few days, and mostly off-grid.

Regular blogging will resume mid-week.

-Mgmt.

Regulation of the Day 202: Farting Pigs

It isn’t often that one sees Nobel-winning economist Ronald Coase’s name and pig farts in the same sentence. Thanks to a recent court decision in Germany, this is one of those times.

There is a farmer in Osnabrück, Germany who owns 1,500 pigs. They might be clean creatures in the wild, but farm pigs can be smelly. This man’s pigs are especially malodorous, possibly because he feeds them raw onions. It got so bad for his downwind neighbors that they went to the city council.

Authorities ordered him to stop feeding onions to his pigs, and fined him €2,500. After his day in court, a judge sided with the farmer and against his neighbors, and rescinded the fine.

Enter Coase. He believed that disputing parties should be treated as equals. There doesn’t necessarily have to be one winner and one loser. They can both be made better off.

Coase also had the insight that the neighbors would be willing to pay some price for, ahem, improved air quality. And the farmer would be willing to pay some price to keep feeding onions to his pigs; maybe he believes that yields better-tasting ham or has some other benefit.

Knowing all that, the parties can reach a mutually agreeable solution by sitting down and bargaining with each other. What actually happened in this case was that the judge took the farmer’s side. There was a winner and a loser. If the farmer and his neighbors had been allowed to engage in Coaseian bargaining, both sides could have won.

If the neighbors paid the farmer not to use onions, the farmer would lose the benefits of onion-fed pigs, but would be compensated for that loss. So he wouldn’t be any worse off, and might even be better off, depending on the price. And the neighbors would be better off, too.

If the farmer paid his neighbors to endure the bad air, they’d still be holding their noses, but now they would do it willingly. And the farmer could still enjoy the economic benefits of his onion-fed pigs.

Either case would give a fairer outcome than the court decision.

Whichever option they decide on at the Coaseian bargaining table, both parties would walk away happy. That’s why, when it’s feasible – when transaction costs are low, in economics jargon  – Coaseian bargaining is superior to top-down regulations or judicial decisions. Finding the missing market and letting the parties make an exchange in it can make everyone better off. Why have a winner and a loser when there can be two winners?

In the meantime, I’m glad I don’t live in Osnabrück.

TSA Thwarts Cupcake Bomber

Rest easy, America.

Holiday Travel Travails

Just in time for the holiday travel season, Vanity Fair’s Charles C. Mann took a trip through airport security with security expert Bruce Schneier. Mann used a fake boarding pass that he printed at home with a little bit of Photoshopping and some coaching from Schneier; it worked.

In fact, there are only three security measures that are effective, and they’re all already in place. They are “locking and reinforcing the cockpit doors, so terrorists can’t break in, positive baggage matching”—ensuring that people can’t put luggage on planes, and then not board them —“and teaching the passengers to fight back. The rest is security theater.”

It’s also time to allow passengers to keep their shoes on:

Taking off your shoes is next to useless. “It’s like saying, Last time the terrorists wore red shirts, so now we’re going to ban red shirts,” Schneier says. If the T.S.A. focuses on shoes, terrorists will put their explosives elsewhere. “Focusing on specific threats like shoe bombs or snow-globe bombs simply induces the bad guys to do something else. You end up spending a lot on the screening and you haven’t reduced the total threat.”

Schneier goes on to show, point-by-point, why almost every aspect of TSA’s security apparatus is spectacularly ineffective. Body scanners, behavioral detection officers, air marshals, and all the rest are the kind of big-budget production that doesn’t actually produce much in the way of increased safety. Fortunately, terrorism is rare; we are still safe.

Read the whole thing. And when you’re done, pick up a copy of Schneier’s book, Beyond Fear: Thinking Sensibly About Security in an Uncertain World.

CEI Podcast for December 22, 2011: The Keystone XL Pipeline

Have a listen here.

Politicians usually love infrastructure projects. But politics has delayed the privately owned Keystone XL pipeline’s construction for three years now. Research Associate David Bier explains the reasons behind the delay, and points out that the pipeline’s real benefit isn’t the jobs it would create; it’s the wealth and value it would create.