In the News: Antitrust and Amazon

Over at Digital Commerce 360, Don Davis has a thorough writeup about the potential antitrust case against Amazon. He also quotes me a few times. Read the whole thing here.

This Week in Ridiculous Regulations

It was a four-day work week due to Labor Day. There were massive fires along the West coast, and Congress declined to pass a $500 billion spending bill because it was thought to be too small. Regulatory agencies issued new regulations ranging from domestic hemp production to Pyongyang flyovers.

On to the data:

  • Last week, 31 new final regulations were published in the Federal Register, after 69 the previous week.
  • That’s the equivalent of a new regulation every five hours and 25 minutes.
  • Federal agencies have issued 2,229 final regulations in 2020. At that pace, there will be 3,148 new final regulations. Last year’s total was 2,964 regulations.
  • There were 30 proposed regulations in the Federal Register last week, for a total of 1,513 on the year. At that pace, there will be 2,137 new proposed regulations in 2020. Last year’s total was 2,146 proposed regulations.
  • Last week, agencies published 336 notices, for a total of 15,640 in 2020. At that pace, there will be 22,090 new notices this year. Last year’s total was 21,804.
  • Last week, 1,112 new pages were added to the Federal Register, after 1,713 pages the previous week.
  • The 2020 Federal Register totals 56,470 pages. It is on pace for 79,760 pages. The 2019 total was 70,938 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Three such rules have been published this year. Four such rules were published in 2019.
  • The running cost tally for 2020’s economically significant regulations ranges from net savings of between $1.38 billion and $4.19 billion. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published 50 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 447 new rules affect small businesses; 19 of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, with 22 of them significant.

Highlights from last week’s new regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

New Paper Out Today: Terrible Tech 2.0

My colleagues Jessica Melugin, Wayne Crews, Iain Murray, Patrick Hedger, John Berlau, and I have a new paper out today, Terrible Tech 2.0: The Most Burdensome, Anti-Consumer Technology Policy Proposals in Washington. We examine 25 of the worst tech-related bills and policies to come out of Washington in the last two years.

The full paper is here.

A press release summarizing the main findings is here.

My quote from the press release:

“Technology has been an essential part of the COVID-19 response,” said senior fellow Ryan Young. “New technologies have made a difficult lockdown easier by enabling contactless grocery deliveries, remote work and school, telemedicine, kept friends and family connected, and even provided some levity with streaming media like Tiger King. The tech regulations we examine in our paper would hurt the COVID-19 response. They would lock in existing technologies and block new ones, make it harder for people to find work, give established big companies an unfair advantage over startups, censor political speech, and put politics over people—not to mention their health.”

This Week in Ridiculous Regulations

As Labor Day marked the unofficial end of summer, the unemployment rate went back down to 8.4 percent, and Attorney General Barr announced that the Justice Department will likely file an antitrust lawsuit against Google by the end of the month. Regulatory agencies issued new regulations ranging from relaxed DNA tolerance to semipostal stamps.

On to the data:

  • Last week, 69 new final regulations were published in the Federal Register, after 68 the previous week.
  • That’s the equivalent of a new regulation every two hours and 26 minutes.
  • Federal agencies have issued 2,198 final regulations in 2020. At that pace, there will be 3,176 new final regulations. Last year’s total was 2,964 regulations.
  • There were 39 proposed regulations in the Federal Register last week, for a total of 1,483 on the year. At that pace, there will be 2,143 new proposed regulations in 2020. Last year’s total was 2,146 proposed regulations.
  • Last week, agencies published 474 notices, for a total of 15,304 in 2020. At that pace, there will be 22,116 new notices this year. Last year’s total was 21,804.
  • Last week, 1,713 new pages were added to the Federal Register, after 1,618 pages the previous week.
  • The 2020 Federal Register totals 55,323 pages. It is on pace for 79,947 pages. The 2019 total was 70,938 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Three such rules have been published this year. Four such rules were published in 2019.
  • The running cost tally for 2020’s economically significant regulations ranges from net savings of between $1.38 billion and $4.19 billion. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published 49 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 439 new rules affect small businesses; 18 of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, with 22 of them significant.

Highlights from last week’s new regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

Retro Review: William H. McNeill – Plagues and Peoples (1976)

William McNeill was one of the 20th century’s leading big-picture world historians. Interconnectedness is a major running theme of his work. This reviewer, whose work focuses quite a bit on trade policy, has found McNeill’s approach to history quite useful.

McNeill was a student of Arnold Toynbee, who instead emphasized separation and conflict as key drivers of world history. In a way, McNeill spent his career disagreeing with his teacher, thus living out the dreams of countless frustrated students.

Plagues and Peoples applies McNeill’s interconnectedness emphasis to disease as an engine of world history. This is of obvious interest in the wake of COVID-19. What can we learn from how other societies have dealt with plagues? What were mistakes we can avoid? What things worked that we can adapt to our own time?

McNeill’s book begins in prehistory and goes all the way up to modern times. In a later edition’s preface, McNeill briefly analyzes the AIDS epidemic, although in this reviewer’s opinion, that part has not aged well.

The rest of the book mostly has. That said, its focus on disease means that McNeill, at least in Plagues and Peoples, gives short shrift to other historical factors This is a forgivable sin; books have only so much space, and McNeill gives them plenty of attention in other works such, as his mistitled The Rise of the West: A History of the Human Community (1963), which spends more time out of the West than in it. But it is up to the reader to remember that history is nearly always multicausal.

As population grew after the agricultural revolution, long-separated peoples gradually came into contact with each other. Each group had suffered from its own local diseases. These depended on climate, geography, livestock, and agricultural choices. Tropical diseases rarely adapt well to cold climates, and vice versa.

An early obstacle to animal domestication was disease transmission between species. Over time, humans built up immune tolerances to their animal companions’ diseases. But different regions had different domesticated species, and hence different immunities. This caused outbreaks when people with different domesticated animals made first contact. Rice farmers, who spend much of their time wading through standing water, face a very different disease mix than farmers of grains or legumes, who deal with land-based diseases transmitted from insects, pests, and animal feces.

When different cultures first came into contact, there were often terrible outbreaks at their borders—this happened throughout Eurasia as agriculture and cities spread across the continent. If people near borders continued to interact, they built up mutual immunities to each other’s diseases, and could then benefit from trade, specialization, and cultural exchange.

But if there were long breaks in contact for whatever reason, the immunization process might have to start all over again. And sometimes people might decide it wasn’t worth the bother. These types of local disease-related decisions could impact generations of economic well-being, as well as decisions of war and peace.

This same process happened on a much larger scale after Columbus. It was also far more intense. The wild versions of the Americas’ domesticated animals, such as llamas and alpacas, did not live densely together enough to sustain highly infectious diseases. That means they didn’t pass them along to humans during domestication. So not only were Amerindian civilizations capable of greater density with fewer diseases than was possible in Europe, people in the Americas also had far fewer antibodies. This is one reason why contact with Europeans and their animals hit so hard.

Some diseases also require a minimum population density to survive. This includes diseases where the sufferer gains lifelong immunity after illness, such as chicken pox. Such diseases need constant access to fresh hosts who have not yet developed immunity. Often the only places with enough density and fresh hosts are cities. Cities, it turns out, were a major development for more than just humans.

At the macro level, high disease rates in cities played a major role in millennia of urban-rural interactions. There were fewer diseases out in the country, so population growth there was often rapid. In cities, deaths usually outpaced births until modern times—and modern sanitation. Cities depended on rural migration to maintain population—at precisely the same time as rural population growth was too high to bear. So rural-to-urban migration balanced out both environments.

This delicate equilibrium was often upset by wars, famines, and other non-disease factors. But this equilibrating tendency was the norm for most of history, and disease rates played a major role in the rate of urbanization until the last century or so.

This had special importance in post-classical Europe. Feudal ties bound rural peasants to nobles and kings. But the rise of cities, who often answered to no king, offered refuge to peasants, who continued to migrate away from kings into cities. A custom evolved whereby an escaped serf who was able to live in a city for a year and a day without being captured was legally emancipated. This is where the phrase “city air makes one free” came from, as well as city names such as Freiburg (“free town”). Disease rates, which kept cities constantly in need of fresh migrants, played an important role in this cultural and political dynamic.

Moreover, these power struggles, with disease always operating in the background, prevented kings from becoming too strong. These checks and balances eventually led to city- and democracy-based modernity as we know it today.

One of the most interesting concepts in Plagues and Peoples is McNeill’s comparison of microparasites and macroparasites. Viral and bacterial pathogens are microparasites. Some of their behavioral tendencies repeat themselves at a macro level in humans. An example of this is in McNeill’s theory of government.

McNeill’s theory of the origins of the state is similar Mancur Olson’s stationary bandit theory, but with a disease-centered twist. McNeill observes that diseases that are too lethal don’t survive for very long. They kill their host so quickly that they cannot spread. This is why Ebola breakouts, though terrifying, tend not to spread very far. At the macroparasite level, a bandit who completely destroys an agricultural settlement feeds himself for a day. But after that, like Ebola, he might have a hard time finding food.

More “successful” diseases such as colds, flus, or malaria make their hosts ill enough to exhibit contagion-spreading behaviors such as coughing, sneezing, or diarrhea. But they don’t kill them. Or at least, death does not come quickly enough to stop the pathogen’s spread. In the microparasite world, a milder human bandit also does much better for himself. He takes enough to feed himself, but not enough to starve his “hosts.”

The concept of immunity also plays a role. If the bandit “immunizes” his hosts against competing bandits, they gain security. The bandit not only gains a steady food source, but his immunized villagers may actually be happy to have him around; a chronic but mild illness is preferable to sudden death.

Analogous to biological natural selection, destructive roving bandits eventually gave way to milder stationary bandits, who gradually took on the trappings and functions of proper governments. And in social evolution, change need not mean death. A simple change in strategy is enough for a roving bandit to change into a stationary bandit. From this selection process, the earliest states emerged. One needn’t take the disease analogy too literally for it to shed useful light on an important process in human history. James C. Scott’s book Against the Grain: A Deep History of the Earliest States has much to offer readers interested in pursuing this direction further.

McNeill then applies this framework throughout world history. Confucianism arose in China as a successful macroparasitic adaptation to “keep exactions imposed upon the peasantry within traditional and, under most circumstances, tolerable limits.” (p. 101) The Confucian examination system limited the number of government officials, and imposed cultural, ethical, and institutional restraints on their behavior. The Confucian system kept Leviathan properly shackled, as Daron Acemoglu and James A. Robinson might argue (see my review of their recent book The Narrow Corridor: States, Societies, and the Fate of Liberty).

This dynamic, McNeill theorizes, might explain why the earliest known governments in Egypt and Mesopotamia were highly despotic, even compared to later absolute monarchies.

The 14th century bubonic plague pandemic known as the Black Death happened as it did in large part due to interconnectedness. As always in history, there were many factors. The plague bacillus tended to be stable only in rodent communities in remote areas. The rise of the Mongols and their fast-moving horses not only displaced many of these rodent communities, but their swift-moving horses—and enticing grains and other foods—drove rodents across the Eurasian continent. Independently, “Improvements in ship design occurring in the 13th century made year-round sailing normal for the first time,” which “offered securer and more far-ranging vehicles for rats.” (pp. 176-177). These multiple engines of interconnectedness made plague vectors spread faster and farther than they otherwise would have.

The plague response also has a potential lesson for today’s policy makers. On p. 195, McNeill observes:

In contrast to the rigidities of the church, city governments, especially in Italy, responded rather quickly to the challenges presented by devastating disease. Magistrates learned how to cope at the practical level, organizing burials, safeguarding food deliveries, hiring doctors, and establishing other regulations for public and private behavior in time of plague.

The Church was a very different creature than today’s federal or national governments, but the larger principle stands: smaller, closer governments tend to be more responsive than larger, distant ones. People today expect more of Washington than it could possibly deliver during the time of COVID-19. Effective responses will instead tend to come at the individual, local, and state levels.

Retro Reviews: Azar Gat with Alexander Yakobson – Nations: The Long History and Deep Roots of Political Ethnicity and Nationalism (2013)

Though military historian Azar Gat wrote Nations: The Long History and Deep Roots of Political Ethnicity and Nationalism, he gives extensive credit to fellow historian Alexander Yakobson for his comments and advice contributed throughout the book. Yakobson also authored the final chapter. I read this book at the recommendation of my former colleague Alex Nowrasteh.

Yoram Hazony’s The Virtue of Nationalism has become the standard defense of nationalism. The trouble is that Hazony’s defense is not very coherent. In a sense, Hazony wrote a book-length version of “it’s not about race.” Hazony also struggles to say what nationalism might be about instead. Hazony also argues that nationalism is a recent phenomenon. After all, nations as we know them today have only been around for a few centuries.

Gat’s two main arguments cause problems for Yazony-style thinkers. One, nationalism is ancient. In fact, the impulses behind it predate our species. They are an inescapable part of the human condition. Two, nationalism is mostly about race. More precisely, it is mostly about ethnicity. Not exclusively, but mostly. Gat uses a broader, boutique definition of ethnicity for the purposes of his discussion, about which more below. But race is an important part of his use of the term. Unlike Hazony, he does not dodge the question.

Gat also does not defend nationalism. Nor is he interested in attacking it, though he is clearly put off by the cultural chauvinism and belligerence that often accompany nationalism, even in relatively peaceful places such as France. Gat instead seeks understanding. What makes nationalists tick? Why do they hold their beliefs? This 2013 book came out before nationalism regained its current voguishness in populist movements around the world. Nations may be a better book for that reason. It provides light without the heat that current events can inspire.

Nationalism predates the concept of nation, which is one reason why Gat focuses on ethnicity. To Gat, nationalism is just one possible way of expressing a deeper impulse. Gat doesn’t cite Adam Smith’s circle of concern theory from The Theory of Moral Sentiments, but his thinking is similar. Basically, people care more about people close to them than they do about people who are socially distant. People care most about themselves. They care very much about close relatives such as children and siblings, though a bit less than about themselves. They care a bit less than that about cousins, aunts, and uncles, still less about second cousins, and so on.

The circle of concern is not an ironclad rule that applies in every single case, as Richard Dawkins convincingly argues in The Selfish Gene—along with any parents who have made sacrifices for their children. But as a guide to understanding human behavior, the circle of concern is a universal tendency.

As Adam Smith put it, a person in England will lose more sleep over losing his little finger than over a hundred thousand people dying in a natural disaster in China. This might sound cold or callous, and it is. Smith himself disapproved of this tendency. But Smith was writing about “is,” not ”should.” Those are separate questions, similar to the difference between fact and opinion. The reason Smith made that point, even though he did not like it, is that it is true.

In fact, growing the circle of concern was one of Smith’s greatest hopes for humanity. In a way, the whole project of modernity and the post-1800 Great Enrichment has consisted of people growing their circles of concern en masse. This moral vision, far more than material gain, was the foundation of Adam Smith’s case for free trade. It is the moral foundation for liberalism as a whole—liberalism in the original, and correct sense of the word.

Where does nationalism enter this picture? Humans have more sophisticated social arrangements than other animals, so our Smithian circle of concern naturally tends to be wider than in other species. For 95 percent of our 200,000-year history as a species, we lived in mostly-related clans of 50 to 150 people or so. But these bands would often slightly overlap with other nearby clans. While these encounters were often far from friendly, they provided a chance for groups to trade and to exchange members through intermarriage. This prevented inbreeding and created opportunities for trade, or for depleted groups to replenish their numbers.

There was an evolutionary advantage to having some social ties between clans between these clans, even if not at the same level as within-clan ties—again, remember the selfish gene. Often these adjacent clans would meet for seasonal feasts, holidays, or religious ceremonies—a form of social evolution that helped to strengthen survival-enhancing bonds.

Evidence from surviving classical sources such as Herodotus, Caesar, and Tacitus, as well as modern anthropologists studying today’s tribal peoples, have all found surprisingly similar pre-national social structures around the world, despite all the local cultural differences.

These networks of 500 to 1,000 people or so are about the outer limit of the number of personal relationships a human is able to maintain. Beyond that, everyone is a stranger. And strangers with no binding ties were as likely to steal food or kidnap mates as they were to trade peacefully. That is why people have an instinct to affirm their in-group and vilify their out-groups—back in the day, it was a survival mechanism.

Natural selection processes chose people whose circle of concern was wide enough to include adjacent groups, not just their everyday in-group. We are their descendants. At the same time, there was no such pressure for the circle of concern to extend wider than this, to perfect strangers—until very recently. Too recently for evolution to catch up to our new social circumstances.

As human societies scaled up into city-states, regional empires, and eventually nation-states, all the different facets of Gat’s concept of ethnicity come into play to progressively greater degrees. Having something in common, such as a language, religion, or a shared hometown or king gave people something in common. It made for an easy mental shortcut to determine if a stranger could be trusted.

Gat argues that language is usually the most important ethnic identifier. If someone does not speak your language, or does so with a noticeable accent, they are clearly other. Religion is another ethnic identifier. Someone who prays to foreign gods probably isn’t from around here. Dress and appearance matter for the same reason. The European divide of beer and butter in the North, versus wine and olive oil in the South, is another point of division. Jews and Muslims took their dietary customs with them throughout their travels, keeping them ethnically apart—in Gat’s sense of the term—from pork-eating peoples regardless of where they settled down. As the comedian George Carlin observed, people will always find excuses not to get along. Just ask sports fans at a Packers-Bears game.

While the genetic view of race is a fairly recent phenomenon, people have also always marked themselves apart by racial appearances. And ironically, the reason we do this is genetic. That means Gat’s argument about ethnicity and nationalism both is and is not genetically based. Race is literally only skin deep. But the reason why people so often fight so fiercely about race and ethnicity has genetic roots that are universal to our species. And race is just one of approximately a million and one ways to express that larger inborn tendency. That is where nationalism comes from—human nature’s in-group-out-group instinct.

Gat combines many of these factors in a very wide concept of ethnicity that varies from place to place and changes over time. Sometime around the invention of agriculture, out of this evolving mush eventually came the concept of fixed political boundaries. These too came about organically, usually in line with ethnic boundaries.

But because different facets of ethnicity have different boundaries, a single geographic line can never accurately reflect ethnic lines. It is literally impossible. Maybe two people with common genetics, language, and territory have a different religion, as in Serbia and Croatia. It is impossible to set a national boundary that fits every facet of ethnic identity, so war ensued. In many places, two or more different ethnicities live enmeshed together in the same cities and neighborhoods. If each wants its own state, how does one create a fair boundary?

These types of questions are difficult, and maybe impossible to answer. And that is one reason why war will likely always be with us. So will other, usually less lethal forms of social division.

This aspect of Gat’s thesis reminds this reader of the virtues of a cultural-national version of Ostrom-style polycentrism. Typical government services such as schools, parks, roads, and police are very different from each other. They each serve different constituencies with different needs and different boundaries. And the city workers providing those services all have their own varying needs. So why are nearly all of these wildly different services administered at just a few fixed levels—city, state, and federal?

This kind of shoehorning often has adverse effects on the quality of those services. Just as more flexible scaling of government services can make them more effective, maybe the same is true of nations. One size clearly does not fit all, as any history book will tell you. Maybe allowing for multiple concurrent sizes of “nation” that adapt over time would allow different people to live together more peacefully.

That, in a nutshell, is Gat’s thesis, plus a few outside applications of it. To illustrate his arguments, Gat spends the last two thirds or so of the book on a survey of world history. He briefly visits nearly every time period on every continent in at least enough detail to show how ethnicity and national sentiments have intertwined, peacefully and not. The same ethnic dynamics were nearly always in play before, during, and after modern nation-states emerged as we know them today. Yakobson’s concluding chapter applies his and Gat’s framework to present-day (in 2013) politics around the world.

Nations is the rare book that makes the reader see the world differently, permanently. It provides a magnifying lens that, when properly held, can bring into focus important details on world history; modern history; why countries exist in the first place; why larger structures such as the European Union (EU) are controversial despite being peaceful; why the EU’s faults are not necessarily random; and on today’s in-progress worldwide political realignment, which is increasingly based around a nationalism-versus-liberalism axis, rather than a socialism-versus-liberalism axis.

This Week in Ridiculous Regulations

The last week saw another political convention, another police shooting, and two hurricanes. There was at least one major positive story, though. Polio has finally been eradicated from Africa, one of the last places on Earth where people were still suffering from it. It now exists only in Pakistan and Afghanistan. Regulatory agencies issued new regulations ranging from respirators to orbital debris.

On to the data:

  • Last week, 68 new final regulations were published in the Federal Register, after 78 the previous week.
  • That’s the equivalent of a new regulation every two hours and 28 minutes.
  • Federal agencies have issued 2,129 final regulations in 2020. At that pace, there will be 3,168 new final regulations. Last year’s total was 2,964 regulations.
  • There were 65 proposed regulations in the Federal Register last week, for a total of 1,445 on the year. At that pace, there will be 2,169 new proposed regulations in 2020. Last year’s total was 2,146 proposed regulations.
  • Last week, agencies published 468 notices, for a total of 14,830 in 2020. At that pace, there will be 22,068 new notices this year. Last year’s total was 21,804.
  • Last week, 1,618 new pages were added to the Federal Register, after 2,082 pages the previous week.
  • The 2020 Federal Register totals 53,644 pages. It is on pace for 79,828 pages. The 2019 total was 70,938 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Three such rules have been published this year. Four such rules were published in 2019.
  • The running cost tally for 2020’s economically significant regulations ranges from net savings of between $1.38 billion and $4.19 billion. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published 48 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 427 new rules affect small businesses; 18 of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, with 22 of them significant.

Highlights from last week’s new regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

Wearing Masks Is Good. But Mask Mandates Backfire

Steve Horwitz and Don Boudreaux recently joined forces for an excellent op-ed on mask mandates. They make some excellent points, including one highly relevant to the debate over police reform:

“By creating more opportunities for encounters between law enforcement and the citizenry, mask mandates create yet one more way for authorities to harass the relatively powerless. We’ve already seen that mandates are disproportionately enforced against people and communities of color.”

They also make solid points about bottom-up social norms versus top-down mandates. The whole piece is worth reading. But many people don’t seem to realize that there are effective ways to encourage good behavior without mandating it. Governance doesn’t always require government. In many case, governance is more effective without government. Wearing masks in public when there is a pandemic on is one of those things.

The alternative to mandates is social pressure. Don’t patronize stores that don’t enforce mask requirements, and let them now why. Give good publicity and your business to stores that do require masks. Don’t socialize in person with anti-maskers or let them into your home, and let them know why. Anti-maskers are the butts of jokes all over tv and the Internet. Let’s keep all that up.

The trouble is that social norms have shortcomings. They aren’t perfect, which is why some people favor mandates in addition to social norm enforcement.

After all, some people value their anti-masker in-group identity more than they value the approval of their friends, family, and community. Other people are just thoughtless of others. That does not mean, therefore mandates. It’s not as though such people are respecting mandates anyway.

Another important point is to think about mandates at the margin, the way an economist does. What additional impact would a mandate, on top of what people are already doing? How does this compare to the additional costs a mandate would impose, such as more police encounters?

Most people who wear masks in public will do so with or without a mandate. I don’t even know if my city has a mandate, and I don’t care. I wear a mask in public because I don’t want myself or anyone I care about to get sick. Most people are the same way. And it’s not like mandates convince anti-maskers see the error of their ways. They’re digging in. Mandates have near-zero marginal impact.

Finally, there is what Harold Demsetz called the Nirvana Fallacy—comparing the real world against a perfect theoretical model. With masks, the relevant comparison is not social pressure versus mandates as we *would like* them to work. It is social pressure versus mandates as they *actually do* work. Compare real with real, not real with ideal. If the only feasible choices are between bad and worse, choose bad. And let’s help people to be better.

This Week in Ridiculous Regulations

The spring 2020 Unified Agenda was published on August 17. Due four months ago, it collects every rulemaking agency’s plans for upcoming regulations. The fall 2020 edition is due in October, and this analyst is skeptical that it will appear on time. The number of new rules this year surpassed 2,000 last week. The 2020 Federal Register surpassed 50,000 pages, and is on pace to exceed last year’s edition by more than 12 percent. Regulatory agencies issued new regulations ranging from cooking with energy to contact lens prescriptions.

On to the data:

  • Last week, 78 new final regulations were published in the Federal Register, after 51 the previous week.
  • That’s the equivalent of a new regulation every two hours and nine minutes.
  • Federal agencies have issued 2,061 final regulations in 2020. At that pace, there will be 3,161 new final regulations. Last year’s total was 2,964 regulations.
  • There were 24 proposed regulations in the Federal Register last week, for a total of 1,380 on the year. At that pace, there will be 2,169 new proposed regulations in 2020. Last year’s total was 2,146 proposed regulations.
  • Last week, agencies published 392 notices, for a total of 13,911 in 2020. At that pace, there will be 21,117 new notices this year. Last year’s total was 21,804.
  • Last week, 2,082 new pages were added to the Federal Register, after 1,863 pages the previous week.
  • The 2020 Federal Register totals 52,024 pages. It is on pace for 79,792 pages. The 2019 total was 70,938 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Three such rules have been published this year. Four such rules were published in 2019.
  • The running cost tally for 2020’s economically significant regulations ranges from net savings of between $1.38 billion and $4.19 billion. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published 46 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 411 new rules affect small businesses; 18 of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, with 22 of them significant.

Highlights from last week’s new regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

This Week in Ridiculous Regulations

Kamala Harris was announced as the Democratic dvice-presidential candidate, a massive storm swept through the Midwest, and Congress is out of session until September. The number of new final regulations is also set to pass 2,000 this week. Regulatory agencies issued new regulations ranging from powerline vegetation to risky plywood.

On to the data:

  • Last week, 51 new final regulations were published in the Federal Register, same as the previous week.
  • That’s the equivalent of a new regulation every three hours and 18 minutes.
  • Federal agencies have issued 1,982 final regulations in 2020. At that pace, there will be 3,176 new final regulations. Last year’s total was 2,964 regulations.
  • There were 30 proposed regulations in the Federal Register last week, for a total of 1,356 on the year. At that pace, there will be 2,169 new proposed regulations in 2020. Last year’s total was 2,146 proposed regulations.
  • Last week, agencies published 392 notices, for a total of 13,911 in 2020. At that pace, there will be 21,011 new notices this year. Last year’s total was 21,804.
  • Last week, 1,863 new pages were added to the Federal Register, after 1,476 pages the previous week.
  • The 2020 Federal Register totals 49,939 pages. It is on pace for 79,018 pages. The 2019 total was 70,938 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Three such rules have been published this year. Four such rules were published in 2019.
  • The running cost tally for 2020’s economically significant regulations ranges from net savings of between $1.38 billion and $4.19 billion. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published 43 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 388 new rules affect small businesses; 17 of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, with 22 of them significant.

Highlights from last week’s new regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.