Category Archives: Business

The Federal Regulatory Tsunami

Scheduled to hit this year, with no warning. It’s like we’re reliving the Roosevelt administration.

[Update a while later]

Related: The wages of Wickard:

“The exhibition of the Hemingway cats is integral to the museum’s commercial purpose, and thus, their exhibition affects interstate commerce,” the court said. “For these reasons, Congress has the power to regulate the museum and the exhibition of the Hemingway cats.”

The USDA acted after a visitor complained several years ago about the museum’s care of the cats. The agency wanted the museum to obtain an animal exhibitor’s license; either cage the cats at night, construct a higher fence to contain them, or hire a night watchman to keep an eye on them; tag each cat; and construct “elevated resting surfaces” for animals, according to the opinion.

Can it get more ridiculous? I often say I’m glad that we don’t get all the government that we pay for, but things like this make me wonder if we actually do.

What Kind Of Negotiator Is Barack Obama?

I’d say door number three:

President Obama has not negotiated a single win-win middle ground legislative compromise with the other political party. I fear he may not know how to do so or be unwilling to do so because he sees all his dealings with Congressional Republicans as pure zero-sum.

The scary part about model 3 is that the President might unwittingly kill an agreement, further inflame a nasty partisan blame game, and trigger a recession even though in this model that’s not the outcome he wants. In model 3 a different negotiator (say, Mr. Bowles) could find a middle ground that could pass both the House and Senate, but President Obama cannot or will not. Some combination of legislative inexperience, a distaste for interacting with Congress, and a naturally combative rather than cooperative temperament may hobble the President’s ability to close deals with those who have different policy priorities. And if model 3 is correct, in the next few weeks it could all go sideways because we have a President who doesn’t know how to or isn’t willing to negotiate.

We’ll find out in a couple weeks.

Space Property Rights

My latest piece at The New Atlantis is up.

It’s very similar to my paper for CEI, but I have a new twist at the end:

…it is worth noting that, while the OST arguably does not prevent the recognition of property claims per se, it may prove to be a hindrance to any kind at all of large-scale space activity, not just settlement. In that regard, this is the most troublesome sentence in the entire treaty: “The activities of non-governmental entities in outer space, including the moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty.”

Consider the implications of the words “continuing supervision,” if taken literally. It could be argued that satisfaction of this requirement would demand that any person operating off the planet would be required to have a government minder with him at all times. Prior approval — for example, a launch license — might not be sufficient, because supervision could be argued to imply not just observation, but physical control. This wording in the treaty could imply that even the remote monitoring of private activity in space, which itself would be a significant hindrance for space settlement, would be insufficient.

With new affordable spaceflight technologies on the horizon, extensive private activity in space will be a serious possibility in the near future. If we wish to see humanity flourish in space, we have to recognize that the Outer Space Treaty is a relic of a different era. Fresh interpretations may not suffice: we may soon have to renegotiate and amend the treaty — or even completely scrap it and start from scratch — if we want not just to protect space as a mere scientific preserve but to open it for settlement as a grand new frontier.

So we have to be prepared to fight.