In Indiana the other night, two grassroots groups–one on the left, the other on the right–got together to discuss the merits of state schooling, home schooling, and private school choice programs. There doesn’t seem to have been any high-profile organization orchestrating the event. It was just two groups of citizens getting together to try to find the best way forward on education policy. Let’s hope this is the beginning of a trend.
Cato at Liberty
Cato at Liberty
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Egypt’s Iraq Connection
Overall, President Obama was right to applaud the Egyptian military for defending (at least for now) rather than killing Egyptian civilians, potentially avoiding the Arab world’s Tienanmen Square. Whether Obama’s rhetoric could have been more supportive, as we saw with Tunisia, is up for debate. But it appears that Egyptian President Hosni Mubarak’s attempt to shape an orderly transition is running into trouble.
The New Yorker’s Jane Mayer reports that Mubarak’s recently appointed Vice President, Omar Suleiman, was “the C.I.A.’s point man in Egypt for renditions—the covert program in which the C.I.A. snatched terror suspects from around the world and returned them to Egypt and elsewhere for interrogation, often under brutal circumstances.” Suleiman used to be head of the Intelligence Services (al-mukhabarat).
According to U.C.S.B. Professor Paul Amar, the mukhabarat, which detains and tortures foreigners more than Egyptians, is less hated than the Interior Ministry’s State Security Investigations (SSI) (mabahith amn al-dawla), and different than the Central Security Services (Amn al-Markazi), “the black uniformed, helmeted men that the media refer to as ‘the police.’” Mayer reports that Suleiman Suleiman was also the C.I.A.’s liaison for the rendition of al Qaeda suspect Ibn Sheikh al-Libi. “The Libi case,” Mayer reports, “is particularly controversial, in large part because it played a role in the building of the case for the American invasion of Iraq.”
How ironic that America’s attempt to export democracy to Iraq was aided by a repressive government like Egypt’s.
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Science: ‘All Kids Different’
It didn’t get a lot of attention, but in last week’s State of the Union address President Obama celebrated the spread of national curriculum standards that’s been fueled largely by the federal Race to the Top. Of course, he didn’t actually call them “national standards” because no one is supposed to think that these are de facto federal standards that states have been bribed into adopting. The point, though, was clear to those in the know:
Race to the Top is the most meaningful reform of our public schools in a generation. For less than one percent of what we spend on education each year, it has led over 40 states to raise their standards for teaching and learning. These standards were developed, not by Washington, but by Republican and Democratic governors throughout the country.
Despite the celebration of national standards by both the President and lots of other supporters, there is essentially zero evidence that such standards will produce better educational outcomes. Much of that has to do with the reality of democratically controlled, government education: Those who would be held accountable for getting kids to high standards have the most clout in education politics, and they naturally fight tough standards. It also has a lot to do with human reality: All kids are different. It’s an inescapable observation for anyone who has ever encountered more than one child, but the national-standards crowd prefers to ignore it.
Maybe science will help them see the light. According to the BBC, new research comparing identical and fraternal twins reveals that genetics — something that exists before standards and schooling — has a lot to do with how much and how quickly someone learns:
The researchers examined the test results of 12-year-old twins — identical and fraternal — in English, maths and science.
They found the identical twins, who share their genetic make-up, did more similarly in the tests than the fraternal twins, who share half their genetic make-up.
The report said: “The results were striking, indicating that even when previous achievement and a child’s general cognitive ability are both removed, the residual achievement measure is still significantly influenced by genetic factors.”
In light of this confirmation of the obvious, isn’t it clear that a single timeline for what all children should know and when they should know it makes little sense? And doesn’t it point to the best system being one that gives kids individualized attention?
Of course it does, but that would require “experts” of all stripes to stop trying to impose their solutions on all children. It would also, ultimately, necessitate a system in which parents would choose what’s best for their children, and educators would specialize in all sorts of different curricula, delivery mechanisms, and teaching techniques.
Unfortunately, few in the education policy world are willing to adopt that utterly logical — but power relinquishing — solution.
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Tax Lawyers, Tax Complexity, and the Broader Problem of a Self-Serving Legal Profession
The Internal Revenue Code is nightmarishly complex, as illustrated by this video. Americans spend more than 7 billion hours each year in a hopeless effort to figure out how to deal with more than 7 million words of tax law and regulation.
Why does this mess exist? The simple answer is that politicians benefit from the current mess, using their power over tax laws to raise campaign cash, reward friends, punish enemies, and play politics. This argument certainly has merit, and it definitely helps explain why the political class is so hostile to a simple and fair flat tax.
But a big part of the problem is that tax lawyers dominate the tax-lawmaking process. Almost all the decision-making professionals at the tax-writing committees (Ways & Means Committee in the House and Finance Committee in the Senate) are lawyers, as are the vast majority of tax policy people at the Treasury Department and the Internal Revenue Service.
This has always rubbed me the wrong way. Yes, some lawyers are needed if for no other reason than to figure out how new loopholes, deductions, credits, and other provisions can be integrated into Rube-Goldberg monstrosity of existing law.
But part of me has always wondered whether lawyers deliberately or subconsciously make the system complex because it serves their interests. I know many tax lawyers who are now getting rich in private practice by helping their clients navigate the complicated laws and regulations that they helped implement. For these people, the time they spent on Capitol Hill, in the Treasury, or at the IRS was an investment that enables today’s lucrative fees.
I freely admit that this is a sour perspective on how Washington operates, but it certainly is consistent with the “public choice” theory that people in government behave in ways that maximize their self interest.
There’s now an interesting book that takes a broader look at this issue, analyzing the extent to which the legal profession looks out for its own self interest. Written by Benjamin H. Barton, a law professor at the University of Tennessee, The Lawyer-Judge Bias in the American Legal System explains that the legal profession has self-serving tendencies.
Glenn Reynolds, of Instapundit fame, interviews Professor Barton about his new book.
I freely confess that I’m looking at this issue solely through my narrow prism of tax policy. But since Barton’s thesis meshes with my observations that tax lawyers benefit from a corrupt tax system, I’m sympathetic to the notion that the problem is much broader.
One of the most qoted lines from Shakespeare’s Henry VI is, “let’s kill all the lawyers.” But rather than making lawyer jokes, it would be a better idea to figure out how to limit the negative impact of self-serving behavior — whether by lawyers or any other profession that might misuse the coercive power of government.
This is one of many reasons why decentralization is a good idea. If people and businesses have the freedom to choose the legal system with the best features, that restrains the ability of an interest group — including lawyers — to manipulate any one system for their private advantage. This new study by Professors Henry Butler and Larry Ribstein is a good explanation of why allowing “choice of law” yields superior results.
This Should Make You Nervous
From today’s edition of Farmpolicy.com:
The American Farm Bureau Federation, the National Cattlemen’s Beef Association, and the American Sugar Alliance all recently expressed delight that Kansas GOP Senator Pat Roberts will be the new Ranking Member of the Senate Agriculture Committee.
Good Riddance 1099 Mandate
Senate Democrats deserve credit for this much: in voting to repeal the so-called “1099 reporting mandate,” they have acknowledged that this small part of Obamacare will be a disaster. With time and education, perhaps they will see what most Americans already see: The rest of Obamacare is a disaster too — a monumental one — for patients, doctors, employers, the Constitution, and individual freedom.
At this point, even the most ardent Obamacare supporters must have noticed that the law has not been well received. As public opposition further manifests itself, perhaps some supporters will begin to reconsider their fealty to this law.
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Not a Good Week for Obamacare
It has not been a good week for Obamacare. Another court ruled that the bill was unconstitutional, while it took a party-line vote in the U.S. Senate to avoid a legislative repeal. Meanwhile, chipping away at the legislation began, with the Senate voting to repeal one of the bill’s most unpopular provisions, a requirement that businesses file 1099 tax forms on even small purchases. Supporters of the bill are bailing as fast as they can, but the ship is sinking rapidly.