Edward H. Levi – An Introduction to Legal Reasoning, Second Edition

Edward H. Levi – An Introduction to Legal Reasoning, Second Edition

A depressing read, but not on purpose. Basically, Levi argues that much legal reasoning is ad hoc, rather than stemming from general principles or logic. Basically, people just make it up as they go along. There is a long history of common law analysis that ties in with spontaneous order and social evolution. This book is not necessarily part of that tradition. As Levi shows, while case law can adapt to changing social mores or work around ineffective or counterproductive statutes, the process is slow, mistakes are common, people are wrongly punished, and even then bad laws aren’t necessarily reformed. The confusing mix of statute and case law makes for a confusing thicket that is extremely reform-resistant. As the name of this blog says, inertia always wins. Levi sheds some insight into why. Levi wrote this book in the 1940s while teaching law at the University of Chicago; he would later serve as President Greald Ford’s attorney general.

Matt Ridley – Genome: The Autobiography of a Species in 23 Chapters

Matt Ridley – Genome: The Autobiography of a Species in 23 Chapters

This is an older book, from 1999, and some parts are dated now. It is still excellent. The book has 23 chapters, one for each pair of chromosomes in the human genome. Ironically, this organizational conceit gives Ridley the freedom to take a more scattershot approach. He tells about genes found in each chromosome that affect certain traits. Since our genes were designed without a designer, chromosomes don’t have individual themes, and genes controlling certain traits can be found in multiple chromosomes.

Ridley does what he can with what the material provides him, but this randomness actually makes some of his evolutionary arguments stronger, a fact he takes full advantage of. He also goes on frequent tangents about how a given chromosome’s traits might be useful or not, how they have impacted human history, how they connect various species and common ancestors, how mutations work, and many other concepts in evolutionary biology.

Re-Prioritizing Regulatory Reform

The 2019 edition of Wayne Crews’ Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State is out now. It contains basic data on the regulatory state that is harder to find than it should be: how many regulations agencies issue, how much they cost, and what is coming up next. Wayne also has several reform ideas, from a regulatory budget akin to the government’s sending budget, to improved disclosure and cost accounting standards, to more congressional involvement in the rulemaking process.

If you prefer a shorter version, Wayne and I have a piece at National Review sharing the main findings and making the case for re-prioritizing regulatory reform:

President Trump, who made regulatory reform a priority early in his term, claims to have reduced federal regulatory burdens by $23 billion in fiscal year 2018. That’s the good news. The bad news is that he has hinted at declaring premature victory and given indications of abandoning the issue altogether.

Congress should also be on board:

Congress has shown interest in executive-branch transparency in matters concerning Trump himself. It should extend that interest to regulatory agencies over which President Trump wields power.

Read the whole piece here. The new 2019 edition of Ten Thousand Commandments is here, and a summarizing press release is here.

Happy 120th Birthday, F.A. Hayek

Today would be Hayek’s 120th birthday. From the archives, here is an appreciation I wrote a few years ago of Hayek’s career and intellectual contributions.

Mark Miodownik – Stuff Matters: Exploring the Marvelous Materials That Shape Our Man-Made World

Mark Miodownik – Stuff Matters: Exploring the Marvelous Materials That Shape Our Man-Made World

A highly enjoyable introduction to materials science. Miodownik is an academic at the University College London. He is also a fantastic popular-level writer. The ten chapters each cover a different type of solid material, from steel to glass ceramics to concrete to diamonds and carbon fiber. To explain why these solids are interesting and important, Miodownik incorporates the history of invention, how they have affected industry and architecture. He gives comprehensible explanations of how different molecular shapes can make a substance brittle or malleable, or can affect its friction coefficient, as with Teflon or graphene, and more.

As a layman reader with no expertise in materials science and limited understanding of molecular chemistry, I learned more per page of this book than from anything else I’ve read in years, and sparked my interest in an entirely new discipline. This is just about the highest praise I can give a book, and I could not recommend it more highly. Miodownik’s just-released sequel on liquids, Liquid Rules, deserves similar praise.

Matt Ridley – The Red Queen: Sex and the Evolution of Human Nature

Matt Ridley – The Red Queen: Sex and the Evolution of Human Nature

In Lewis Carroll’s Through the Looking Glass, Alice races against a red queen. They have to run faster and  faster just to stay where they are. This paradox is a common analogy in science books to the point of being a cliché. But it got that way for a reason. Predators and prey are constantly evolving sharper teeth, adaptive defense strategies, hunting techniques, camouflage, new ways to exploit food sources, and more. The result of all this effort and adaptation is to keep survival rates pretty much the same. A similar red queen story can be told about our immune systems, which must constantly adapt to fight microbes, who are themselves constantly adapting to keep up with our immune systems.

Ridley, a top-notch science writer and something of a polymath, develops the red queen conceit as well as anybody. While The Rational Optimist is his best book, The Red Queen takes a strong second place. Red queen stories, Ridley notes, also appear in public policy, such as in arms races, where governments spend billions of dollars per year building weapons and researching new ones. This is all so they can keep geopolitical dynamics more or less the same as they are now. Elections are the same way, as billions of dollars get spent every cycle for just a few percentage points swing one or the other, which can easily be reversed the next time around. In the private sector, companies have to adapt and innovate just to keep the doors open.

Export-Import Bank Politics

Politico’s Zachary Warmbrodt has an excellent–and thorough–writeup on the current state of Export-Import Bank politics, covering all sides. He also quotes me at the end:

Conservative opponents of the bank are making clear they’ll resist entreaties by McHenry and others to bring them along for reauthorization.

“He’s not going to succeed with us — that’s for sure,” Competitive Enterprise Institute senior fellow Ryan Young said. “We’re standing by our principles.”

I’m a (classical) liberal, not a conservative, but the statement is still true. The more company, the merrier on that front, regardless of party.

Trump Threatens New China Tariff with May 10 Deadline

On Sunday, President Trump announced via Twitter that if he does not approve of the results of this week’s U.S.-China trade talks, he will enact a new tariff on Friday, May 10th. It would raise a current 10 percent tariff on $200 billion of Chinese goods to 25 percent. He threatened a similar tariff late last year, but backed off. China, in response, might withdraw from the talks altogether.

This week’s trade talks, set to begin Wednesday, were expected to conclude by Friday anyway, though without a hard deadline.

Trump has a history of using drastic threats as a negotiating tactic, only to quickly back off. In addition to threatening and backing away from the same China tariff last year, he has also backed off of threats to shut down the U.S.-Mexico border and to enact tariffs against European automobiles on national security grounds.

If Sunday’s tweets are just the latest iteration of an established pattern, consumers will have little to worry about. But if Trump follows through, those same consumers should be aware of Trump’s tenuous grasp of how tariffs work. His two tweets read:

1:  For 10 months, China has been paying Tariffs to the USA of 25% on 50 Billion Dollars of High Tech, and 10% on 200 Billion Dollars of other goods. These payments are partially responsible for our great economic results. The 10% will go up to 25% on Friday. 325 Billions Dollars….

2: ….of additional goods sent to us by China remain untaxed, but will be shortly, at a rate of 25%. The Tariffs paid to the USA have had little impact on product cost, mostly borne by China. The Trade Deal with China continues, but too slowly, as they attempt to renegotiate. No!

To which I responded—with my apologies for a dumb grammatical error (that’s Twitter for you):

Chinese producers doesn’t pay the tariffs. American consumers do. Chinese companies sell goods at the same price and profit margins. U.S. consumers then pay the tariff when they make the purchase.

President Trump has a fundamental misunderstanding of who pays tariffs, and that matters for his policy aims. He has made this mistake before, and his advisors are apparently unable to shake him of it despite repeated “Groundhog Day” meetings.

As for tariffs helping the economy, that is also false. When people have to pay more money to get the same goods as before, they have less left over to spend on other goods, or to save and invest. This means tariffs not only reduce consumption, they shrink available capital for U.S. entrepreneurs, startups, and homebuyers.

Writ large, the Trade Partnership estimates that if President Trump goes through with the 25 percent Chinese goods tariff, and China retaliates in kind per usual, total tariffs would cost up to 1.04 percent of GDP. That comes to $2,389 per year for a family of four.

There is a policy action Congress can take immediately to prevent further tariff abuses. The China tariffs are enacted under Section 301 of the Trade Act of 1974; Congress should repeal that section. For more on that, see the trade chapter in CEI’s “Free to Prosper: A Pro-Growth Agenda for the 116th Congress.” For more on the larger case for free trade, see Iain Murray’s and my study “Traders of the Lost Ark.”

This Week in Ridiculous Regulations

Not one, but two potential Federal Reserve Board nominees withdrew from consideration last week and economic growth and unemployment remained in excellent health. Meanwhile, with the 2019 Federal Register poised to exceed 20,000 pages this week, rulemaking agencies issued new regulations covering TV channel lineups to postal products.

On to the data:

  • Last week, 53 new final regulations were published in the Federal Register, after 45 the previous week.
  • That’s the equivalent of a new regulation every three hours and 10 minutes.
  • Federal agencies have issued 867 final regulations in 2019. At that pace, there will be 2,521 new final regulations. Last year’s total was 3,367 regulations.
  • Last week, agencies published 528 notices, for a total of 7,184 in 2019. At that pace, there will be 20,884 new notices this year. Last year’s total was 22,205.
  • Last week, 1,746 new pages were added to the Federal Register, after 1,330 pages the previous week.
  • The 2019 Federal Register totals 19,681 pages. It is on pace for 57,213                                                         pages. The 2018 total was 68,082 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. One such rule has been published this year. Six such rules were published in 2018.
  • The running compliance cost tally for 2019’s economically significant regulations currently ranges from $139.1 million to $175.8 million. The 2018 total ranges from $220.1 million to $2.54 billion, depending on discount rates and other assumptions.
  • Agencies have published 27 final rules meeting the broader definition of “significant” so far this year. 2018’s total was 108 significant final rules.
  • So far in 2019, 156 new rules affect small businesses; 11 of them are classified as significant. 2018’s totals were 660 rules affecting small businesses, with 29 of them significant.

Highlights from last week’s new final regulations:

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

Ideology, Evolution, and In-Groups

Joel Mokyr points out a strange tendency among ideologies on p. 51 of his 2016 book A Culture of Growth: The Origins of the Modern Economy:

Cultural beliefs tend to occur in clusters. For instance, those Americans who adhere to evangelical religion commonly also think that widespread gun ownership is desirable, that marriage should be confined to heterosexual couples, that climate change is not a reality, and object to large scale federal redistribution policies, although logically these beliefs are not all obviously connected.

This tendency is not specific to religious conservatives. Other groups across political, national, and religious identities have their own similarly odd belief clusters. For many people, affirming their group identity is more important than evaluating the merits of a given policy.

We’re evolved to think that way, and it won’t change anytime soon. Even those of us without religious or partisan affiliation think that way; we’re human, too.

A big part of the greater Enlightenment project is raising awareness of this cognitive tendency among people. If people are more aware of what they’re doing, they are more likely to take a step back and evaluate policies with a cooler, more rational head. There are healthier ways to feel part of a group.