Archive for 2019

OLD AND BUSTED: “If somebody wants to build a coal-powered plant, they can — it’s just that it will bankrupt them.”

The New Hotness? Biden Obliviously Tells Press that Fossil Fuel Execs Should Be Jailed.

Earlier: Ruthless Joe Biden Admits He’ll Sacrifice Hundreds of Thousands of Blue-Collar Workers for His Green Dream.

After the Democratic presidential candidates’ apocalyptic-themed “climate change” town hall on CNN in September, Bryan Preston wrote, “If you like Venezuela, voting for any of them will bring you a whole lot of Venezuela. Thank you, CNN, just for letting these people talk. Do it again next week? Please?”

WELL, SURE, BUT ANY BEDROOM WITH THE INSTA-WIFE IN IT WILL BE — OH, WAIT. Your Bedroom Is Too Hot.

JONATHAN TOBIN: Most U.S. Jews Don’t Care About anti-Semitic Violence Against the ultra-Orthodox.

The latest incidents did prompt statements of outrage and solidarity from liberal and mainstream Jewish groups. And local authorities in New York are finally responding by stepped-up police patrols in the Brooklyn neighborhoods where assaults of Jews have been happening on a daily basis in recent weeks.

Yet it is still doubtful whether the welfare of the group that has been singled out in this fashion will maintain the attention of the rest of the Jewish community, let alone the news media that is still treating these incidents as primarily a local story rather than one of national significance.

The reason for such skepticism is based on two factors: politics and the antagonism that exists between the ultra-Orthodox and the rest of American Jewry.

Actually, the muted response cuts across lines of faith and ethnicity, probably because the press has chosen to treat the attacks as a local story. You can safely bet that’s by design.

NEW YEAR’S RESOLUTIONS FOR THE TRUMP ADMINISTRATION?: Even if 2020 doesn’t turn out to be the administration’s last year, officials need to act on the assumption that it might be.

A couple of years back I recommended that the Trump Administration take a close look liability for “disparate impact” under Titles VI and VII of the Civil Rights Act of 1964 (as well as few other statutes). So far there’s been no action.   And time is running out.  But these are serious issues that need to be addressed.

Here is why I believe disparate impact liability under Title VII is unconstitutional. For Title VI, no one claims the statute itself imposes liability for disparate impact; the claim is that the regulations made pursuant to Title VI do. Here is why I believe that this is a misinterpretation of the regulations and that if it’s not a misinterpretation the regulations are beyond the scope of the rulemaking power granted under Title VI and unconstitutional.

There are a variety of things—large and small—the Trump Administration could do about this.  I hope they will have the time and the inclination to act.

THIS IS WHY IT’S NOT ENOUGH FOR THE DOEd TO JUST RESCIND THE OLD TITLE IX RULES: In-House Regulators: Documenting the Impact of Regulation on Internal Firm Structure. “Using case studies and theoretical insights, this Essay hypothesizes that the structures firms create in a regulated environment will not immediately disappear in a deregulatory world. Rather, they will persist. Modern regulation causes firms to make department-specific investments and centralize information gathering. Firms accomplish this, in part, by increasing the presence of regulatory-related staff. And, once these investments are completed, they will insulate regulatory-related staff from immediate removal in a deregulatory environment. That is, in-house regulators will be sticky.”

In other words, regulation creates a constituency within firms — the “compliance” bureaucracy — that survives deregulation. You can’t just undo the regulation, you have to push them in the right direction.