Monthly Archives: December 2012

Legal Proceedings So Weird We Need Hunter Thompson to Cover Them

The first story, about proceedings in District Court in Tampa, FL was pretty weird and blackly funny, as lawyers scrambled to disassociate themselves with the proceedings in Porn trolling case thrown out for “attempted fraud on the court”.

Now Ars Technica ups the ante with the Minnesota sequel, Man charges porn trolling firm Prenda Law with identity theft: Says firm listed him as the CEO of a shell corporation without permission.

Hunter Thompson could really have done something with this material.

Posted in Law: Copyright and DMCA, Law: Ethics | Comments Off on Legal Proceedings So Weird We Need Hunter Thompson to Cover Them

Please Help a Conservative Escape Epistemic Closure

I went to have my routine eye exam today, and the ophthalmologist, an educated man and small-business owner (he runs his practice with his son), was — as he often does — channeling the Wall Street Journal editorial page’s view of the world. Today the heartfelt worry was that the Deficit Will Devour Us All, especially if we fall off the Dreadful Fiscal Cliff.

I attempted to point out that he could relax because on day one the so-called Fiscal Cliff (1) doesn’t do dramatic changes [although I should have added it stops extended unemployment payments, which is a bit drastic], and (2) fully implemented it lowers the deficit, which should have made him happy about his deficit worries. But, no, he said, then people won’t have any money. My attempts to suggest this argued for stimulus spending (and bigger deficits in the short run) failed to crack through what he knew was true: deficits are bad because they cause inflation, and the Fiscal Cliff is bad because it reduces spending money in the economy, and these ideas are not in tension. (Note please that I wrote “not in tension” rather than “utterly incompatible” as there might be some way to reconcile them, but that’s not what he was trying to do.)

As we parted, my ophthalmologist asked for some things to read “to hear the other side”. So I’m putting together a list for him, version 0.1 of which appears below. Please help me improve this list — keeping in mind he primarily wants economics-oriented readings for a non-economist.

Economic readings for the perplexed

  1. Basic facts about the causes of deficit: wars and tax cuts (CBPP)
  2. The real nature of that “crushing” debt burden (CEPR)
  3. Why it might be that you are hearing about hysteria over the deficit (CEPR)
  4. The Atlantic magazine has a comprehensive set of economic charts. Note that while the the first set of charts are about Europe, most of the others are about the US economy.
  5. More generally, the Center on Budget and Policy Priorities offers a very balanced assessment of relevant data. Some staring points:Three Charts on the Coming Budget Debate and some basic tax info and some more.

Other good general sources for economic information

For general political comment, including but not limited to the politics of the budget, I recommend

Posted in Econ & Money | 20 Comments

Stuff that Doesn’t Exist (and Stuff that Does)

First we learn that 49% of the Republicans polled think ACORN stole the election for Obama and we also learn this great fact:

…most Americans don’t have an opinion about [Bowles/Simpson]. 23% support it, 16% oppose it, and 60% say they don’t have a take one way or the other.

The 39% of Americans with an opinion about Bowles/Simpson is only slightly higher than the 25% with one about Panetta/Burns, a mythical Clinton Chief of Staff/former western Republican Senator combo…

So both the long-defunct ACORN and the (as yet)non-existent Panetta/Burns plan weigh heavily on the low-information-voter mind.

Meanwhile, in the department of good cheer, BoingBoing points me to a band called Do Not Foresake Me Oh My Darling that has made a shot-for-shot remake of the classic intro to the The Prisoner.

I’m not in love with the music (the Leonard Cohen cover on their page is not a crime, but I never want to hear it again), but I love the concept of “Episode 1 – Arrival”.

I’d also like to hear a copyright scholar tell me if this is a legitimate derivative work, or a potential copyright violation. It’s clearly too much a labor of love to be a parody.

Posted in 2012 Election, Kultcha, Law: Copyright and DMCA | 4 Comments

Shopper Boehner’s Mistake

House Speaker John Boehner acts like he’s a customer at the Obama Emporium of Budget Plans. Shopper Boehner doesn’t like the wares he offered. “Bring me a better one,” he commands. Strangely, this is more or less how negotiations between the Obama administration and the GOP used to work. Now, however, the Obama people have reverted to claiming they want actual negotiations, the sort that requires both sides to have an actual opening bid. “Bring me a better one” will not do. Shopper Boehner, and the House GOP in general are finding this shift hard to cope with.

The conventional wisdom is that House Speaker John Boehner is weak. He can’t deliver his caucus, and he doesn’t really understand the budget; he appears to believe, for example, that the Ryan Budget adds up. Because he doesn’t command the loyalty of his caucus, and because he has an ambitious lieutenant just aching to put the shiv between his ribs, Speaker Boehner can’t discipline his troops either. For these reasons, I recently called Boehner the Yasser Arafat of the Republican Party. It wasn’t meant as a compliment.

President Obama has made Speaker Boehner and the GOP an offer on the budget, one much like Obama’s previous budget plan, and so far Obama is actually sticking to it rather than ‘negotiating with himself’ as Obama has done for the last four years. Instead of offering concession after concession for the GOP to pocket and demand more, Obama has asked Boehner’s caucus to please spell out their own demands. This, of course, the GOP is unable to do for a number of reasons: politically, it would require them to own the pain caused by the radical cuts they claim to want; logistically it would require them to assemble a budget proposal that adds up (which would be a first in recent memory); logically, it requires either consistency with the budget they campaigned on — thus either causing extreme pain or not adding up — or it requires violating their recent campaign pledges. (Best line on that: “I’m old enough to remember when Republicans insisted that anyone who said they wanted to cut Medicare was a demagogue, because I’m more than three weeks old.“) Lurking in the background is the pledge that matters more than anything said to the voters on the campaign trail, the one to Grover Norquist.

Today’s paper quotes Speaker Boehner as saying this:

“We’ve put a serious offer on the table by putting revenues up there to try to get this question resolved,” Mr. Boehner said on “Fox News Sunday.” “But the White House has responded with virtually nothing. They have actually asked for more revenue than they’ve been asking for the whole entire time.”

In fact however there is no Republican “offer” on the table at all — nothing with numbers attached that could be turned in to legislation. Rather, Shopper Boehner’s idea of an “offer” is to say that were Obama to come up with something that actually closed a tax loophole, Boehner might accept it.

The Administration spent the weekend trying to explain this GOP tactic to pundits and to the people, but I’m not sure how good a job they did of it.

It may take a while for Shopper Boehner to grasp that the budget negotiation task requires Speaker Boehner. Right now I imagine Shopper Boehner thinks he is at the tailors. Someone brings out a suit. Shopper Boehner shakes his head, doesn’t even try it on, says he wants something nicer but he won’t pay much more for it. If you’re a customer and times are tough, maybe you can talk like that. If you are are a national leader trying to hammer out a budget while the economy is still on life support, not so much. You have to make a counter-proposal, and it actually has to have some substance. Even so, given the past four years, it is understandable why Shopper Boehner might think that if he continues being imperious then that nice tailor fellow will be right back out with fabrics drawn from the private stash.

Underlining the kabuki nature of the whole budget ‘negotiation’ are three other aspects: (1) The GOP has no intention of resolving the debt ceiling on a long-term basis: that’s it’s best hostage and the more it can extort for it more often, the better; (2) both sides have boxed taken the Pentagon’s budget off the table even though that is where most cuts should be coming from; (3) political momentum suggests strongly that at least a partial deal will be easier after January 1. Come the new year, the Bush tax cuts expire on their own. At that point, if the GOP wants to pass Obama’s versions of ‘tax cuts for the 98%’ it will no longer, as a formalist matter, involve ‘raising’ taxes for the top 2% since those will have gone up by themselves. While this might not please the GOP’s paymasters, it will at least allow the Republicans to claim with a straight face that their Norquist purity remains.


PS. Can someone explain to me how it can be that the Obama tax bill originated in the Senate? Art. I, sec. 7 of the US Constitution says,

All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Doesn’t that make the Senate tax bill invalid? Or is it that tax cuts are immune from the rule since they lower, not raise, revenue? Or is the plan to re-pass the no doubt amended version in the Senate after the House votes?

Posted in Econ & Money, Politics: US | 4 Comments

MIA Customer Response In Action (Not)

Back in October I wrote about how I was emailing the honcho at MIA who seemed to be responsible for kicking Boingo out of the airport (See And Another Thing (No Boingo Wifi at MIA).)

For the record, MDAD Deputy Director of Business Retention and Development Miguel Southwell never replied to my email.

Posted in Miami | 1 Comment

Nothing is Ever Simple

Naked Capitalism has more about Why Strike Debt’s Rolling Jubilee Puts Borrowers at Risk. Serious tax stuff. Not only isn’t this simple, but it actually does seem to carry real risks all around.

Previously: Tax Risks in Occupy Wall Street’s Debt Jubilee (11/18/12) and OWS to Buy, Forgive Distressed Consumer Debt (11/08/12)

Posted in 99%, Law: Tax | Comments Off on Nothing is Ever Simple