Judges Say No To Obama Labor Regulators’ Hot Blueberry Crush

What does federal labor law have in common with civil forfeiture law? As I write at Reason:

Under a provision of the 1938 Fair Labor Standards Act, the U.S. Department of Labor can seek what is known as a “hot goods” order, freezing the physical output of an employer that it suspects of having violated wage and hour law, all without having to prove its case at a trial.

Until lately the procedure was little known to the general public, but the Obama administration, amid its general all-fronts offensive to expand wage and hour law and intensify its enforcement, has begun using it against farmers in a series of actions. Applied to agriculture, a “hot goods” order is even more than usually coercive, because both sides know the crop will rot if not brought to market soon. Moreover, as in many forfeiture cases, the freezing of a target’s most valuable asset may mean that it cannot afford legal help to appeal or otherwise challenge what has happened — all of which gives the federal government the leverage to get what it wants in resulting negotiations without having to test the strength of its case at trial.

Now, however, a federal judge has slapped down the administration hard in a Pacific Northwest case that farm groups had described as “extortion.” In a humiliating defeat, the Department of Labor has agreed to drop charges against two Oregon blueberry growers and refund the moneys extracted from them. It’s a case that should rally attention to the need to roll back the Department’s powers in this area.

My whole Reason piece is here.

Disappointed Broad Foundation Pauses its $1 Million Prize for Urban Schools. Foreseeable?

The Broad Foundation has decided to halt its 13-yr-old prize for academic improvement.The idea of the prize was that recognizing and celebrating top performance within our traditional district-based school system would lead to widespread emulation of the most successful practices. The proximate cause of the decision is reportedly the Foundation’s disappointment at the paucity of high performing districts. It may also have to do with the the fact that earlier prize-winners did not spark the mass replication of successful methods, as hoped.

While no doubt frustrating for the Foundation, it was neither unforeseeable nor unforseen. Two years before the Prize for Urban Districts was launched, I reviewed the Foundation’s programs and plans. Concerned, I addressed a letter to Mr. Broad, which I reproduce in its entirety below.

March 14, 2000

Dear Mr. Broad:

It was with great pleasure that I read your letter describing the creation of the Broad Foundation. Your organization’s dedication to encouraging exemplary educational leadership has the potential to do great things for our nation’s children.

Having also read the brief prospectus enclosed with your letter, I wonder if I might raise a question which I consider crucial to the Foundation’s success? It seems as though the Foundation will be promoting pockets of excellent leadership in urban districts around the country. My question is this: Does the Foundation have a plan for ensuring that these pockets of excellence will 1) consistently endure beyond the lifetime of the individuals involved, and 2) systematically expand to reach all students rather than remaining isolated?

Much of my research on educational governance has been historical, chronicling the relative merits of education systems from 500 BC to the present. One of my findings is that, while there have been few periods that lacked isolated pockets of excellence, these pockets very rarely lasted for more than a generation or two, and very rarely spread beyond a tiny fraction of the population.

There have been only a handful of exceptions to this sad historical record, such as classical Athens, the early medieval Islamic world, and early 19th century England and America. The difference between these remarkably successful periods and their less successful counterparts was that they enjoyed a mechanism that reliably perpetuated excellence over time, and relentlessly drove its spread to an ever wider group of children.

The specific nature of that mechanism is not the point of my letter. My point is to highlight the compelling need for some such mechanism given the patently transitory nature of nearly every education reform effort in the history of civilization. The goals of the Broad Foundation, which I share, are too important to be left to erode in the sands of time like the mighty works of Ozymandius, or to burn like a few solitary candles amidst a vast and lingering educational darkness.

There have been many foundations created for the improvement of education over the years. The ones that will be remembered will be those that understand excellence is not intrinsically self-perpetuating—that it only endures and thrives within systems whose incentive structures inexorably drive people to perpetuate it. I hope that your organization will be among this rare group of insightful foundations.

Please feel free to call or e-mail me if you would like to discuss this issue in detail.

Yours very truly,

Andrew J. Coulson

Mega Drought in the Pacific Southwest?

Global Science Report is a feature from the Center for the Study of Science, where we highlight one or two important new items in the scientific literature or the popular media. For broader and more technical perspectives, consult our monthly “Current Wisdom.”


On Page 3 of Friday’s Washington Post is (yet another) lurid climate story, this time about mega-droughts of several decades that are going to pop up in the Pacific Southwest around 35 years from now. The findings are based upon the UN’s climate model suite that, according to our presentation to the American Geophysical Union, is in the process of failing, because it just isn’t warming at the rate they project. Here, for example, is a graphic from John Christy and Dick McNider of the University of Alabama-Huntsville, showing the growing disparity.

The work cited in the Post ignores this teensy-weensy little problem and, instead drives the models with the UN’s biggest scenario for future carbon dioxide emissions, something that natural gas, which emits much less carbon dioxide than coal when used for electrical generation, is in the process of burying.

But it gets worse.

Droughts in the Pacific Southwest are usually broken by the big pacific climate oscillation known as  El Niño.  They occur every four to eight years or so. So, in order to have decades of drought, there has to be decades without El Niños.

The overdriven, overheated climate models used in this study cannot simulate them with any degree of realism.

That’s why, in the Post article, study co-author Toby Ault

had a word of caution.  Weather conditions can vary, climate impacts can be mitigated, and the warnings of the study might not come to pass. A single El Niño weather pattern in the West could interrupt periods of prolonged drought.

At least younger climate scientists like assistant professor Ault are getting wiser. The fates willing, he’s going to live another 35 years, and we hope much longer. And when those pesky El Niños (along with many other potential co-conspirators) destroy the forecast of gloom and doom, he’ll be able to say that he warned that could happen, because the models his team used didn’t have a good handle on them.

Happy Valentine’s Day from the Cato Institute!

Having trouble finding the perfect V-Day greeting for your freedom-fighting honey? Cato’s got you covered.

This collection of liberty-friendly valentines puts a fun twist on some recent Cato research. Perfect for your like-minded love … and all your friends. 

If your crush cares more about free markets than flowers, these valentines are sure to sweep them off their feet!

Topics:

You Ought to Have a Look: Global Temperatures and Climate Skeptics

You Ought to Have a Look is a feature from the Center for the Study of Science posted by Patrick J. Michaels and Paul C. (“Chip”) Knappenberger. While this section features all of the areas of interest that we are emphasizing, the prominence of the climate issue is driving a tremendous amount of web traffic. Here we post a few of the best in recent days, along with our color commentary.

Highlights from the various and sundry stories from across the web this week:

Over the weekend, a brouhaha erupted over the trustworthiness of the various compilations of the earth’s surface temperature history for the past century or so. This is a simmering cauldron that sporadically boils over with claims of pernicious data manipulation. This week’s eruption began with an article by Christopher Booker in the United Kingdom’s Telegraph headlined “Climategate, the Sequel: How We Are STILL Being Tricked with Flawed Data on Global Warming.” It went from local to global when it was featured prominently and for several days on the Drudge Report.

We immediately sought to temper those claims—in many cases, there are good reasons why the “raw” temperature observations are not the best representation of a location’s (natural) climate. These involve such issues as station moves, instrument changes, inconsistent observing times, and erroneous readings, as well as changes to the microclimate around the thermometer (e.g., fading paint, encroaching trees, spreading suburbia, etc.). To compile a reliable temperature record that best represents how the climate is changing, you need  to  mitigate as many of these confounding effects as much as possible. (Some of those effects are harder to remove than others.) Basically, the “raw” data need to be “adjusted.”

Concerns about the appropriateness of the methodology as well as the accuracy of the adjusted data is at the root of the simmering controversy.

The Congressional Pack Rats

The U.S. Congress hoards real estate like proud pack rats. For example, the Department of Defense has 562,000 facilities that cover 24.7 million acres—an area about the size of Virginia.

The Pentagon has surprisingly indicated that it might be wise to shed some of its real estate. Congress has stonewalled the Pentagon on this. Indeed, Congress has barred the Pentagon from even thinking about the Department of Defense’s excess asset problem.

The congressional—and often bureaucratic—asset-hoarding pathology is a result of perverse economic incentives that accompany public ownership. These incentives encourage bad behavior. The fact that capital carrying charges or rents are not paid for publicly owned assets means that no costs have to be budgeted for holding them. Once assets are under government ownership and control, they are viewed as being free; nothing must be given up for the assets’ use and retention. Furthermore, if a decision is made to dispose of some of those assets, the revenues from their disposal are usually not earmarked for use by the department or agency that initiates the sale. Hence, there are no bureaucratic or budgeted benefits that flow from the liquidation of government property.

I ran into both congressional and bureaucratic stonewalling over 30 years ago when I designed President Reagan’s privatization program. Until capital carrying charges on public assets are budgeted (read: charged), the game will remain rigged in favor of the pack rats.

Washington Should Celebrate Valentine’s Day by Dumping Allies

It’s hard to get out of a bad relationship. People can’t admit that it’s time to say goodbye.

Countries have the same problem. The United States has spent decades collecting allies, like many people accumulate Facebook “Friends.”

After Valentine’s Day, Washington should send the equivalent of a “Dear John” letter to at least a half-dozen foreign capitals. Where to start:

 

Saudi Arabia

Saudi Arabia and America have little in common other than commerce in oil. Essentially a totalitarian state, the monarchy plunders people, brutalizes political opposition, suppresses religious expression, and even exports Sunni tyranny.

But no alliance is necessary for the two states to cooperate when their interests coincide. It’s time to send Riyadh a text message breaking up. The two governments still should cooperate where appropriate, but the U.S. military no longer should act as an inexpensive bodyguard for the al-Saud family.

 

South Korea

The United States was drawn into war in Korea during the Cold War. Then American troops were required on the peninsula until South Korea gained both political stability and economic development.

By the 1980s the South had raced well ahead of the North economically. Today South Korea enjoys a 40–1 economic lead, 2–1 population edge, vast technological advantage, and overwhelming diplomatic support.

The South can defend itself. Other forms of cooperation could be conducted without a “Mutual Defense Treaty” that would be mutual in name only.