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An Allen Drury quote

In the final book of the famous series of political novels that began with ADVISE AND CONSENT, we get a (relatively) happy ending called THE PROMISE OF JOY, in which Drury's idealized hero, Orrin Knox, finally becomes President. His inaugural speech is recorded in some detail. This one paragraph -- which does not really arise out of anything else in the plot, jumps out at me. "Agriculture will continue to receive the same close attention from my administration that it has received from others. The price gap between producer and consumer is still too low for the producer, too high for the consumer, too close to profiteering for the middleman. We will seek ways to close that gap."   What on earth does that mean? As I say, it is from Drury's hero. We should not lightly write it off as meaningless political blather.  The gap between producer and consumer? Presumably this refers to the gap between what the farmer gets selling wheat and what the consumers put out buying the
Recent posts

Silence, securities fraud, sulfur

  Macquarie Infrastructure v. Moab Partners -- a unanimous decision came down from our Supreme Court last week.  The opinion, written by Justice Sotomayor, says in essence that securities fraud, regarded as an actionable private tort, is a tort of malfeasance, not of nonfeasance.   Let us abstract from the particular facts a bit. Consider any case in which a plaintiff believes that he was sold stock by the issuing corporation at an unrealistically high price. He has sued. Asked why he bought it at such a price, the plaintiff might say, "They didn't tell me about X, a fact known to them and one that soon thereafter eliminated the value of the securities at issue." This decision tells that plaintiff: that isn't enough.  You're going to have to plead, and in due course prove, that they made materially false statements, not simply that they failed to make certain true ones. The decision is a matter of interpreting the text of an SEC rule,  10b–5(b), which makes it

Constraints on, permissions to violate, Effective Altruism

To start off today's discussion, I refer the reader to my post in November discussing what "effective altruism" is and why I think we must judge that somewhere in its reasoning this philosophy goes horribly wrong.  Effective Altruism: The short course (jamesian58.blogspot.com) I won't re-tread that ground but I will observe that the Notre Dame Philosophical Reviews site has a review of a new book on the subject. The book is THE RULES OF RESCUE by Theron Pummer. The reviewer is Violetta Igneski . Pummer argues (in Igneski's paraphrase) that "we are not always required to provide the most help possible," that is, maximally effective altruism. He does not reject EA, but wants to reconcile it with a non-consequentialist account of both moral constraints and moral permissions.  The constraints are things that you must NOT do, regardless of your utilitarian calculations, and the permissions are things that you CAN rightly do that are in some respect unhelpfu

Links concerning OJ Simpson

  One day last week I was in my home office, typing away on work related matters, and (since the door was open) I half heard a news report about OJ Simpson. People in my line of work love doing resonant "anniversary" stories so, after a little thought, I believed that I knew what the story was: we must have reached the 30th anniversary of the killings or the trial verdict or something.  Well, that wasn't it. Simpson had died. [Of natural causes.] I have nothing to say about this, so I'll just leave you with some links.  Well, I guess I do have SOMEthing to say, at least at a meta level. The fourth of the below links is an oddity. Someone thought it sensible to publish the reaction of ... Caitlyn Jenner. Why? Well, Caitlyn used to be Bruce Jenner and Bruce Jenner was the husband of the ex-wife of Robert Kardassian, one of the attorneys for Simpson, the man credited with putting together the "dream team." So of course we all want to know what Caitlyn has to sa

The first criminal trial of DJT is underway

Many were despairing of such an event. But jury selection is now underway. The former President, Donald Trump, is now being tried in a court whose judgment is not subject to any presidential pardon. He is not being tried for insurrection. He is being tried for falsifying business records. But he is on trial -- his odd de facto immunity from any such proceedings is at an end.  Nothing even remotely like this has happened in our country since 1807, when Aaron Burr went on trial.  Burr was not a former President, of course. Burr was a former Vice President. Another difference: Burr was tried by a federal court. He could presumably have pardoned himself had he been convicted there and had somehow thereafter been elected President. So ... not an exact likeness to the current situation.   But let's talk a bit about Burr. He was the guy who inspired the 12th amendment, changing the way vice presidents are selected, largely so that Jefferson could replace him with George Clinton. Dramatic

Nebraska and the electoral college

  Nebraska is one of just two states that does NOT follow a winner-take-all rule with reference to the allocation of its electoral votes in a Presidential contest. [The other is Maine.]  Part of  Nebraska's allocation of electors works by congressional district. [It gives out two of its five votes on a statewide basis and the other three by virtue of the presidential votes of its three congressional districts.] The result of this is that Nebraska sometimes votes in the electoral college four to the Republican candidate, one to the Democratic, because of the blue political tint of the district that includes the city of Omaha.   Now, there is one plausible breakdown of the state-by-state results this November that has Biden winning by 270 to 268. THAT scenario involves Biden winning that one vote in otherwise deep red Nebraska.  If the Trump forces can change the law in Nebraska, as they are now endeavoring to do, then that scenario yield a 269 to 269 result. Unless the Biden forces

A National Green Bank

The "green new deal" is a cliche. Now we hear of a national green bank.  As if Alexander Hamilton had hooked up with Rachel Carson. The Biden administration's long talk of a "national green bank"  came into focus last week with the announcement that the administration is providing $27 billion in climate finance funds to coalitions of nonprofit lenders. The funding comes out of funds already appropriated by last year's Inflation Reduction Act. Formally, the "bank" is known as the Greenhouse Gas Reduction Fund.  The hope is that the GGRF will evolve into something like a true bank, borrowing from private capital on the one hand what it lends out to private enterprises on the other, and making enough back from its debtors to pay its creditors. The hope, furthermore, is that this will truly be a NATIONAL bank in a Hamiltonian sense, the center of a network of private banks that will end up financing everything from community solar projects to EV chargi