Worker’s Rights Advance, Under the Radar

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In the firestorm of news reports surrounding President Trump’s nominees and Russia’s hacking, some great news about workers’ rights has been overlooked. But in January, without any fanfare, Kentucky adopted a right-to-work (RTW) law.

An RTW law simply gives workers in any business where the workers are unionized the right not to support (i.e., join or pay dues to) the union. Without RTW laws, unions can and often do compel workers to join or support them in spite of their desires. While the right to join a union is protected by federal law, the right to refuse to join is not so protected. It is up to the states to pass RTW laws, and counting Kentucky, 27 states have now done so.

The Kentucky House of Representatives first passed the measure by a vote of 58–39. What allowed this to happen was a massive recent historical change: the Republicans took control (by a nearly 2-to-1 margin) of the chamber, which had been controlled by Democrats for nearly a century. Shortly thereafter the bill was passed by the Republican-controlled Senate, in a rare Saturday session, and the Governor — Matt Bevin, also a Republican — immediately signed it into law.

Short-term, this was a fabulous deal for the auto workers, giving them a seemingly crazy amount of job security. But in the long run, it drove the automakers off a fiscal cliff.

The reaction to this by Kentucky union leaders was predictably bitter. Bill Londrigan, head of the Kentucky AFL-CIO, angrily barked, “Right-to-work is simply a clever slogan designed to undermine union resources.” Caitlin Lally, of the Greater Louisville Central Labor Council, lamented, “The future of the fight is in . . . trying to stop the erosion of wages, benefits and safety.”

This is nonsense, of course. There are several compelling arguments about why it is morally repugnant to force workers to support a union, arguments that are winning out in state after state.

First, unions justify forcing workers to support them with the free rider argument: since the unions deliver great contracts to the workers, it is right to make every worker pay dues. However, it is by no means clear that unions negotiate contracts that benefit the workers overall and long-term. For example, the contracts the United Auto Workers were able to force upon US automakers included provisions that seemed great — such as the one requiring the companies to keep all employees on at full pay when any of the companies shuttered a plant (say, because the model made at the plant wasn’t selling). Short-term, this was a fabulous deal for the auto workers, giving them a seemingly crazy amount of job security. But in the long run, it drove the automakers off a fiscal cliff, resulting in the bankruptcy of two of them, and in turn requiring taxpayers to pay massive amounts of subsidies to keep the companies alive.

Second, the right to free association applies to all parties. You and your friends are free to form a club, free from any interference by me. But I have the same right to refuse to join, no matter how much you might think it would benefit me to be a member. Similarly with unions: the right of private-sector workers is sacrosanct, and nobody — least of all I — proposes to take it away. But the right to opt out of the union should therefore be recognized as equally sacrosanct.

Workers who are pro-Second Amendment find with alarm that their dues fund politicians intent on ending gun rights.

To this, union apologists offer the freedom-to-contract argument: workers and management have the right to contract freely, so if a company’s workers can get management to agree to a contract compelling all workers to support the union, the rest of us shouldn’t interfere. But the union apologists are intellectually dishonest here, since they support the federal law that prohibits “yellow dog” contracts — that is, contracts that forbid unionization. If there is freedom of contract, then yellow dog contracts should be allowed, too.

Finally, there is the point made by Thomas Jefferson: “To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical.” Unions typically use worker dues for the lavish support of politicians and political organizations that are typically Left-liberal in orientation. So workers who are pro-life find with disgust that their dues go to support extreme pro-choice candidates, and workers who are pro-Second Amendment find with alarm that their dues fund politicians intent on ending gun rights.

More good news for worker freedom may be just around the corner: both Missouri and New Hampshire are considering RTW laws, and both have newly elected Republican governors who have indicated that they support free choice for workers.




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Hidden Messages

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Many years ago I was asked to be the scorekeeper at an international synchronized skating competition. I dressed in official black, sat at the judges’ table with my pencil in hand, and proudly wrote down each team’s scores. When the day ended I asked a judge where I should take my clipboard to have my scores recorded. The judge laughed. “Just throw them away. We only record them manually in case there’s a power failure and we lose the official scores.” So. I had just been an insignificant backup scribe. Yet I had enjoyed my experience sitting at the judges’ table, and if the power had failed, my recordkeeping would have saved the day.

I thought about my backup role at that competition while watching Hidden Figures, a terrific film about the little-known women — most of them “colored” — who provided the backup computations in the early days of the space program. They didn’t design the rockets or map the trajectories, but they double-checked the math for the engineers — all of them men — who did those things. It was a respectable job that required respectable dress and respectable manners. They also needed respectable math skills. But they were the proofreaders, not the creators. Even their title objectified them: they were called “computers,” because that’s what they did.

I know how that feels too. My first real job was proofreading for a university press. I had a natural ear for spelling and for grammar rules, and I was fast and accurate at my job. As an added benefit, I spent my days reading the galleys of fascinating books and articles. I felt a definite pride in my grammar skills, as I’m sure the NASA computers felt pride in their math skills. But what I really wanted was to become a writer, not a proofreader. I wanted to be on the other side of those galleys.

Even their title objectified them: they were called “computers,” because that’s what they did.

Three of the computers at NASA also had higher aspirations than backup math. Dorothy Vaughan (played by Octavia Spencer in the film) wanted to be a supervisor. Mary Jackson (Janelle Monae) wanted to be an aeronautical engineer. And Katherine Goble Johnson (Taraji P. Henson) wanted to be an astrophysicist. Hidden Figures tells the compelling story of how these three women influenced the space program in the early 1960s, while also influencing the civil rights movement regarding women and African-Americans.

You probably didn’t know that any women worked on the space program in the early days, let alone black women. Neither did I. They have been a well-kept secret, these “hidden figures” who did the figuring. The film has predictably outrageous moments as we watch Katherine running to use the “colored restroom” in the building half a mile from the one where she works, or Mary being told that she can’t attend extension classes at the all-white high school, or Dorothy being given the responsibilities of a supervisor without the title or the pay that would go with the official promotion. But what makes this film wonderful is the way these women address these culturally accepted slights with dignity, humor, and indomitable persistence. They are as delightful as they are strong, and they bring something new and fresh to the civil rights story that is usually dominated by the men who were marching, sitting-in, and orating for freedom.

Fans of Big Bang Theory will enjoy seeing Jim Parsons in “Sheldon’s” dream job as a NASA physicist. Kevin Costner is well cast as level-headed, open-minded Al Harrison, the director of the department where Katherine is sent to check the trajectory figures. It was also good to see a grown-up Kirsten Dunst on screen as the supervisor in charge of giving the women from the computing pool their daily assignments. She portrays the kind of woman who thinks she is modern, progressive, and active in advancing the colored women who work under her, until Dorothy responds with a scathing smile, “I’m sure you believe that’s true.”

What makes this film wonderful is the way these women address these culturally accepted slights with dignity, humor, and indomitable persistence.

Hollywood makes few films that a libertarian can cheer, but Hidden Figures is one of them. I suspect the makers of this film didn’t even realize the libertarian ideals hidden within their script about civil rights and racial prejudice. Here are a few gems to watch for:

Lead the Way. Often the argument against change is “This is the way we’ve always done it.” In a film whose backdrop is the race to be first in space, Mary Jackson’s eloquent argument for being allowed to attend the white high school is profound. “Someone has to be first,” she says to the judge who will either maintain the status quo or change the future. “Why not you?”

Recognize Individual Worth. As a child, young Katherine (Lidya Jewett) demonstrates math skills far beyond her years. Her teachers not only recommend a school for children who are gifted in science and mathematics, but they also take up a collection to help her get there. Compare that attitude to the one touted in the new movie Gifted, in which the grandmother (Lindsay Duncan) of a brilliant little girl (McKenna Grace) wants to send her to a special school for gifted children but her uncle and legal guardian (Chris Evans) wants to keep her in the neighborhood school where she will have a “normal” childhood. What kind of world do we live in when we champion mediocrity and vilify those who would nourish genius? Katherine Johnson was blessed to have had her genius recognized and nurtured.

Make Yourself Indispensable. Katherine is sent to Harrison’s department as a simple proofreader, checking the math. She patiently endures the segregationist policies and does her work well. But she goes beyond that, using her skills in analytical geometry to solve trajectory problems the professionals haven’t been able to solve. Eventually her reputation for accuracy becomes so strong that John Glenn (Glen Powell) refuses to launch until Katherine has confirmed the Go-No Go calculations (a story that appears to be founded in fact). Instead of focusing on changing unfair office conditions, she focuses on doing her job well and making herself indispensable.

The law seems to protect the lowest paid workers, but in fact it limits their ability to work extra hard, stand out, and prove themselves worthy of promotion.

Adapt to Changing Technology. When an IBM machine threatens to make the human computers obsolete, Dorothy heads for the library to learn Fortran. She encourages the other women in the computer pool to do the same. She realizes that the one sure way to keep a job is to stay ahead of change so the organization can’t get along without you.

Work Until the Job Is Done. As the pressure to beat the Russians to the moon increases, everyone has to step up. “You’re going to have to work harder and longer than ever before, ” Harrison tells them, “and your paychecks won’t reflect it.” Then he adds, “It starts with me.” They all feel a sense of purpose and accomplishment that transcends the word “job”; they’re part of a mission that will change the world. Compare this to the law enacted on December 1 that mandates workers earning less than $47K be paid time and a half if they work more than 40 hours in a week. It seems to protect the lowest paid workers, but in fact it limits their ability to work extra hard, stand out, and prove themselves worthy of promotion. Significantly, the boss doesn’t give orders and go home — he works long hours right alongside them.

Be Persistent and Patient. Dorothy, Mary, and Katherine never stop lobbying for the promotions and advancements they feel they deserve, but they continue to do the jobs they’ve been hired to do in the meantime. They don’t lead protests or threaten to strike. Instead, they increase their educations, adapt to changing technology, look for places where they can make a difference in the organization, and make themselves critical to the organization’s success. As a result, each of these brilliant women became, in real life, a quiet pioneer — Dorothy Vaughan became the first African-American woman supervisor at NASA, Mary Jackson became the first African-American woman aeronautical engineer, and Katherine G. Johnson was the first African-American woman to become a technical analyst for the space program. Their story is finally and finely told in a film that is entertaining, inspiring, outrage-inducing, and in the end, triumphant.

Often the argument against change is


Editor's Note: Review of " Hidden Figures," directed by Theodore Melfi. Fox 2000, 2016, 127 minutes.



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Now the Majority

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Amid all the hoopla surrounding the elections, the nation passed a milestone worth noting. We now have right-to-work (RTW) laws in place in the majority of states. This is a cause for quiet celebration.

Earlier this month, West Virginia — long a stronghold of Big Labor (specifically, the United Mine Workers) — voted to become the nation’s 26th RTW state. This was as surprising as Michigan’s decision a couple of years ago.

Workers find their dues used to elect politicians who want to close down the very industries that employ those workers.

It took maneuvering. The law had narrowly passed the Republican-dominated legislature the week before, but Democrat Governor Earl Ray Tomblin vetoed it. However, the state constitution allows the legislature to override a veto with a simple majority. The Republican-dominated legislature did just that, by 18–16 in the Senate and 54–43 in the House.

Undoubtedly the driving force for this change is something I have long noted in these pages. Ever since FDR, there has long been an unholy alliance between Big Labor and the Democratic Party. Labor unions freely used enormous amounts of workers’ money to elect Democrats, who then passed laws favorable to unions, but often opposed to the desires of workers. Over the past 20 years, and especially with the election of Obama, Big Labor has elected Democrats who are environmental extremists. This is the ultimate in irony: workers find their dues used to elect politicians who want to close down the very industries that employ those workers!

That is especially true in West Virginia. Of course, the state has long had major coal-mining operations. But Obama’s campaign against coal has devastated those industries. This has been the major reason that West Virginia has the second-highest unemployment rate in the nation — 6.5%, or about a third higher than the average.

Workers of the country, unite, and throw off the chains with which the vicious environmentalist Democrats have shackled you! Not only will you be free — you may just keep your job!




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Right-to-Work Nation?

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The mainstream media has more or less ignored some interesting news out of Wisconsin. It is that the governor, the unflappable Scott Walker, has signed into law a right-to-work bill that covers private sector unions.

This makes Wisconsin the 25th state in the country to adopt right-to-work legislation, that is, legislation that stops any union from forcing workers to support it.

Wisconsin’s action is notable for a variety of reasons. First, it is a traditionally blue state. Second, it is an upper-Midwest industrial state. Third, it has a history of heavy unionization — about one-fifth higher than the national average (8.2%, compared to 6.7%). Back in the mid-1980s, over 20% of Wisconsin private sector workers were in unions.

Also, like Michigan, Wisconsin passed the bill even though its governor was initially reluctant to support it. Walker had originally called it a “distraction,” but after the state senate majority leader pushed the billed through the legislature, Walker quickly signed it into law.

The law did not have bipartisan support. In the state assembly, all 35 Democrats voted against it while all 62 Republicans voted for it. In the senate, 14 Democrats (joined by one turncoat Republican) voted against it, while the remaining 17 Republicans voted for it.

The vitriol reached its peak when a union supporter threatened to gut Walker’s wife “like a deer.”

Proponents of Big Labor hegemony were predictably outraged at Walker’s signing the bill. One union supporter lamented, “It’s going to take 25 to 40 years to correct problems Scott Walker’s done in 4 ½ years.” Phil Neuefeldt, head of Wisconsin’s AFL-CIO, threatened, “We’re not going to forget about it.” And of course our unifying President Barack Obama had to chime in, calling the Wisconsin law “a sustained, coordinated assault in unions, led by powerful interests and their allies in government.”

As if Obama’s whole tenure weren’t a result of the machinations of powerful interests — not least of which is Big Labor.

But then, Walker has made a career of facing down unions. In his first term, he pushed through restrictions on public employee unions’ collective bargaining powers, forced public employees to contribute more to their pension and health care benefits, and gave government employees the right to opt out of the obligation to pay dues to the public employee unions.

These modest reforms appear to have saved local governments in Wisconsin $3 billion in taxpayer dollars and kept property taxes from rising while keeping the number of teachers from being cut. But the teachers’ unions are singing the blues: the National Education Association saw its Wisconsin membership drop from 100,000 to 66,000, the American Federation of Teachers (representing the college teachers) saw a drop of 50%, and the state employees union dropped from 70,000 to 21,000.

For all this, Walker faced near-riotous demonstrations and a recall election, with Big Labor money flowing in from across the nation, to remove him. The public employee unions even tried to remove a Wisconsin state Supreme Court judge who had upheld Walker’s earlier law.

The vitriol reached its peak when a union supporter threatened to gut Walker’s wife “like a deer.” I am always moved by the boundless compassion offered by progressive liberals.

The rhetoric of the Walker-haters aroused by the current law — which, please note, merely gives private-sector workers the freedom given to public sector workers, years ago — has been amazing. But what is to come will almost surely be worse. GOP legislators are now indicating that they will take on Wisconsin’s nearly century-old “prevailing wage law,” which forces governments to pay union-dictated wages on all public works projects.

In the end, what is driving the push for worker freedom is popular opinion, supported by unarguable logic. One recent poll put public support for the right of workers not to support a union at 62%. And the reasons have been the same for decades. First, unions force workers to support candidates and causes they abhor. Second, unions often destroy the businesses that employ the workers. Third, unions violate the human right of free association.

With the action in Wisconsin, half the states in the union now give liberty to workers to belong or refuse to belong to unions. In many of the remaining states, such as California, the stranglehold of Big Labor is too strong to break. Yet there is hope. Should Scott Walker ever become president, with a Congress controlled by Republicans, it is possible that a federal right-to-work law would be enacted.

Should that ever happen, there would be a cry of freedom from American workers that would rock the gates of Heaven itself.

And it could happen.




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The Absurdity of Intellectual “Property”

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This is a response to Kyle Scott’s essay, published in Liberty on August 16.

Kyle Scott’s case for copyright is interesting, and he should be commended for making it so clearly and intelligently. For him, as for many other libertarians, what people write is their own property, like any other kind of property, and they have a natural right to keep it. Government is merely the protector, not the source of their right. All this can be deduced from the natural rights theory most importantly exemplified by John Locke’s Second Treatise of Civil Government.

Unfortunately, so concerned is Mr. Scott with his line of deductive reasoning, so clear, so forcible, so all-sufficient, that he never notices what a strange kind of property he’s talking about. Copyright is property that stops and starts whenever the government starts or stops it. A few decades ago, it lasted for 28 years, with renewal for another 28 years, if you mixed your labor with the thing a second time, by filling out a form asking for renewal. Now it continues for 70 years after your death or, in the case of “work for hire” — work performed, for instance, in the employ of the Disney Corporation, which hired you to mix your labor on its account — for a whopping 90 years after the original publication of whatever you wrote or otherwise created.

Copyright is an invention of government, and it has fluctuated at the arbitrary whim of government.

I have no doubt that many other alterations in the lifetime of this weirdly fluctuating property will occur, as congressmen receive yet more campaign funds from yet more wealthy holders of copyright. As things stand today, however, the heirs of a 20-year-old who writes something, anything, today, and survives to the age of 80, can manifest themselves in the year 2144, demanding that you get their permission to republish this something, anything, that was produced so long ago by so callow a youth. And if the heirs are not around, in the sense of being visible, you will have to find them, or show that you tried. Then, miracle of miracles, in the year 2145, the troublesome property will vanish. The copyright will have expired, a mere 70 years after its author’s expiration, and you will be free to publish it a thousand times over, if you want.

Now really, does this look like property? Do farms and houses vanish 70 years after the deaths of their creators, unless some government action resuscitates them?

Historically, copyright is an invention of government, and it has fluctuated at the arbitrary whim of government. Mr. Scott would doubtless argue that this has nothing to do with the basic issue, which is one of individual right, right eventually recognized and protected, however imperfectly, by government. He might carry his reasoning to the obvious, though absurd, extreme of insisting that anything I write and perhaps toss into the street should be guaranteed to me and my heirs forever — that the heirs of Sophocles and King Solomon, no doubt very numerous by now, should be tracked down and reimbursed for every republication of these authors’ works. Oh no, no need for consultation of Athenian or Israelite statutes of inheritance, which knew nothing of copyright. Principle alone will guide us.

But in truth, copyrighted “property” is no property at all. The assumption that it is property is fraught with as many evils as St. Paul attributed to the love of money.

Everyone has a right to own a house, to sell it, or to pass it to his heirs. But the house doesn’t vanish 70 years after his death, or whenever Congress passes another law. Nor, to get closer to the root of the problem, is the house an abstract title to the legal authority to reproduce a house, the ownership of which title can require expert knowledge to identify after a fairly short time. No, there is the house, at 400 S. Main Street, and there are the people inhabiting the house or paying rent on it to a readily identifiable owner. A house is completely different from the reproduction of a house — or, still more abstractly, the right to reproduce it. Your property right in your house is in no way diminished by my building a house that looks exactly like it. Furthermore, you can’t just build a house and move away and abandon it, and expect other people to run and find you and pay you money for the right to live in it — much less the right to build a house in Dubuque or Delphi that’s exactly like that house. No, other people are eventually going to mix their labor with your house — use it, maintain it, claim it for their own. Even in the most rights-conscious communities, if you keep leaving your grandfather’s gold watch on the sidewalk, someone else is going to pick it up, wind it, clean it, and appropriate it, and no jury will convict him for doing so. Nor should it, all cookie-cutter libertarian theory to the contrary.

The vast majority of copyrights are of no value at all, and honoring them constitutes an enormous tax on productive people.

Now, a copyright is not like a house, and it is not like a gold watch. It is nothing so real as those things. In Mr. Scott’s conception, and that of the United States government, it is an absolute right to keep other people from copying something, for the sole reason that you produced it. You could say the same thing about — pardon my taste for low imagery — your garbage, or the stuff you put in your toilet. Copyright, in this conception, is an absolute guarantee that no one can copy your words, even if you abandoned them, even if you sold somebody the paper they were written on and walked away and didn’t bother to leave your address. Even if you gave the paper away. Even if you left it lying in the gutter. Even if it stayed in the gutter, or in the moldering archives of a vanity press, for seventy years after your death.

Now, if I sold you a house by claiming that Frank Lloyd Wright had built it, and he didn’t build it, but I built it myself, you could sue me for fraud — but the Wright estate could not. I had every right to build and sell the house, even if it looked the same as one of Wright’s houses; I just didn’t have the right to claim that he built it and charge you more accordingly. But if I sold you a laundry list, claiming that Wright had written it, and he did write it, and you reproduced it, only without the permission of his estate, the estate should be able to sue you successfully, according to the argument of Mr. Scott and many other libertarians. What’s the difference? It isn’t a difference of natural right, that’s for sure; it’s a difference of political enactments that have become so naturalized in libertarian thought that rationalizations are found for them.

It never occurs to dogmatists of copyright that valuable works could be protected by invoking laws against fraud. More important, it never occurs to them that the vast majority of copyrights are of no value at all, and that honoring them constitutes an enormous tax on productive people. I know scholars who spend much of their lives trying to trace the copyright owners of works that are almost 100 years old, works that are of no value except to the hapless researchers and a handful of readers. They are paying a pointless tax to a ridiculous law, a law that Mr. Scott would presumably make still more ridiculous by extending it to eternity.

It isn’t a difference of natural right; it’s a difference of political enactments that have become so naturalized in libertarian thought that rationalizations are found for them.

If labor has anything to do with the creation of property — which it doesn’t, contrary to Mr. Scott’s faith in Lockean dogmas, according to which I can’t pick up a kitten in the street without asking who mixed his labor with the land that sustained the kitten’s progenitors, all the way back to Noah — there are a great many more researchers and readers who have a more substantial property right to the stuff they research and read than the authors who once excreted it. If you don’t believe that, try mixing your labor with John Locke’s prose.

Mr. Scott is patently an intelligent person, yet his claims for copyright are patently absurd. This is an observation that could be made in respect to many radical libertarian arguments, particularly those whose results turn out to be, rather ironically, highly conservative. By Scott’s logic, high schools shouldn’t just be teaching Shakespeare; they should be supporting an eternal Shakespeare Trust, providing dividends for his millions of heirs, any one of whom could veto republication of his works, as a matter of right.

This prompts the question: under what circumstances are intelligent persons most likely to make absurd statements, without realizing their absurdity? Answer: When they are in love. And so it is: Mr. Scott — again, like too many other libertarians — is in love with an ideology and cannot see the absurdity to which his supposedly radical position leads him: the absurdity of endorsing, on the ground of individual rights, a massive governmental creation and subsidization of crony “property.”




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In Defense of Intellectual Property

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Libertarianism can be different things to different people. Trying to define it, or characterize it, will leave some libertarians at odds with one another. What follows will isolate me from most libertarians. It is a defense of intellectual property rights (IPR) based on the thesis that there is no normative distinction between IPR and real property rights (RPR). I will use Butler Shaffer's short polemic for the Mises Institute, "A Libertarian Critique of Intellectual Property," as my primary foil as it encapsulates many of the arguments against IPR that libertarian thinkers embrace.

Where Shaffer ends I will begin. At the end of his polemic he boils down his rejection of IPR on the ground that a libertarian cannot endorse a right that is created and enforced by the state. The premise that IPR are created by the state is false, while the premise that IPR should be rejected because they are enforced by the state is unpersuasive. This essay will unfold in three parts, with the first demonstrating why Shaffer’s first premise is false, the second section demonstrating why his second premise is unpersuasive, and the third section confronting other objections to IPR.

Section I: Intellectual Property Rights are not created by the state

The only means through which one may defend RP, and not IP, is to say that the manner in which man exerts ownership over RP has nothing to do with his mind. RP and IP are both products of the same process, even though they take different forms. It doesn’t require a great imagination to see this, but because it is an unfamiliar formulation I will elaborate by means of a familiar source: John Locke. A Lockean justification of private property provides a sound defense of IPR by building through a property of conscience.

Unless we assume that man’s arms and legs move without cognition, man’s labor is a product of his mind.

In chapter 5 of his Second Treatise on Government Locke gives his seminal account of property rights. It runs thus: man alone is in possession of himself, and through his drive and ingenuity he extends his dominion beyond himself. Man is in possession of himself because no other individual gave him his will, conscience, or abilities; thus, no one else can exert dominion over him except that to which he consents.

Man takes possession of property when it lies in common and he mixes his labor with it. Simply put, if there is unowned property available, and someone takes it out of its natural state by mixing his labor with it, that property becomes his so long as there is enough left over for others to sustain themselves, for that man has no right to deprive others of providing for themselves. An acorn becomes mine if it is lying on the ground or staying in the tree, and I take it out of its natural state by mixing my labor with it — plucking it from the tree or picking it up from the ground. The mixing of labor makes it mine because that acorn is no longer what it had been. My labor made it something that it had not previously been, by virtue of my efforts. This means that nobody else can stake a claim to it without depriving me of the fruits (or nuts, in this case) of my labor.

The Lockean argument gets a bit more complicated, but in terms of how common property becomes private, this is it. That is why Locke and his intellectual heirs consider private property paramount for the preservation of liberty, for there is no real distinction between man and his property, since property is nothing more than the extension and physical manifestation of a man's liberty.

As it relates to IP, a Lockean position is easy to extract. Unless we assume that man’s arms and legs move without cognition, man’s labor is a product of his mind. Without cognition I would not cut down trees and build a shelter, nor would I engage in any productive activity that would lead to property ownership. Whether it’s writing a book or building a widget, property originates from man’s will and ability to produce.

If the process by which IP is protected is conducted poorly, that is simply the government doing a necessary job poorly and not evidence that the job is unnecessary.

James Madison has a more expansive, and sometimes confusing, articulation of property rights, but he understands them as Locke does. Madison uses property to describe what man possesses within himself (what Locke would call will or labor), and those external objects that become man's possessions through the mixing of himself with them (land, hogs, etc.). This formulation is articulated by Madison in a 1792 essay entitled "Property." Madison writes:

In a word, as a man is said to have a right to his property, he may be equally said to have a property in his rights. Where an excess of power prevails, property of no sort is duly respected. No man is safe in his opinions, his person, his faculties, or his possessions. Where there is an excess of liberty, the effect is the same, tho' from an opposite cause. Government is instituted to protect property of every sort; as well that which lies in the various rights of individuals, as that which the term particularly expresses. This being the end of government, that alone is a just government, which impartially secures to every man, whatever is his own.

We may conclude that protecting property, broadly understood, is the sole object of government for both Madison and Locke.

Somebody stealing my IP is the same as someone stealing my RP, particularly if IP is what I use to make a living. If the market for my book is 10,000 people, then someone who resells my book, or makes 10,000 copies it and sells them without my permission, has shrunk the market for me, the originator and creator of the book. This is no different from someone breaking into my shop and stealing 10,000 widgets and selling them on the black market when the market for the widget is 10,000 people. In either instance my ability to make a living through my labor has been denied by someone who illegitimately used the product of my labor without my consent. In simple terms: my right to life, liberty, and property has been denied. Nothing gives someone else the right to capitalize on my labor without my consent, for without my labor that product would not be in existence. These considerations give me sole ownership of the property if we follow the Lockean formulation of property rights.

Section II: Rights and the State

It is not a defect of IP that it needs the government to enforce it; it is the fault of libertarians if they cannot accommodate a necessary and just idea, such as IP, without government enforcement. If libertarians reject IP on the ground that it needs government to enforce it, then we have not evaluated IP on its merits but merely through a heuristic defined by ideology rather than logic.

If the process by which IP is protected is conducted poorly, that is simply the government doing a necessary job poorly and not evidence that the job is unnecessary. The focus should be on how to correct what’s wrong, not how to eradicate protections for property. Government is legitimate when it protects life, liberty, and property, and illegitimate when it does not. That does not mean that life, liberty, and property are illegitimate ends when the government does a poor job protecting them. To reject the ends because the means are faulty is a logical error.

Furthermore, libertarians who embrace RP cannot reject IP on enforcement grounds, for RP also requires government enforcement. Perhaps in idealized settings, or at least in smaller, more communal settings than the current nation-state model, RP would not require the government for protection. But we don’t live in those scenarios and must therefore recognize the reality of the situation. We can certainly debate the degree to which the government protects RP well, the means through which it does so, and the externalities associated with government protection of RP, but I don’t think anyone would say that if the police in every city were shuttered up tomorrow, crime would be reduced significantly the following day. In today’s reality, RP requires government protection just as IP does. Thus, unless one is willing to reject RP on these grounds one cannot also reject IP for the same reason.

Section III: Remaining Objections and Rebuttals

Shaffer objects to those who say that IPR promote creativity by protecting the products of one’s creative endeavors. It is true that IPR do not make me more creative, but IPR protection may provide incentives for creative activities rather than other activities that would be more profitable. If I am a musician who is unable to profit from my music because others can steal my ideas, I will have to find another job. This doesn’t prevent me from being creative, but it does reduce my incentive to do so and it impedes my ability to dedicate the necessary time to creative endeavor.

Shaffer uses the Roman aqueducts and the Egyptian pyramids as examples of human achievements in ingenuity and creativity that occurred without IPR. What Shaffer fails to acknowledge is that these were state-sponsored projects that would not have been realized without financing and organization from a large state. Similarly, while Michelangelo did not require IPR to produce his art he did require a wealthy patronage to support him and his products financially. IPR is one reason we no longer have to rely upon a patronage system in the arts and literature.

We must not deny producers security in their life, liberty, and property for fear that the authority we must rely upon to do so may turn against it.

Shaffer endorses the claim by Paul Feyerabend that “science is an essentially anarchistic enterprise” to demonstrate that an open exchange of ideas is beneficial for scientific and artistic achievement. But the passage from Feyerabend goes on to stipulate that “theoretically anarchism is more humanitarian and more likely to encourage progress than its law-and-order alternatives.” Shaffer conveniently ignores the operative term “theoretically” and thus fails to explore the reality of our world and defaults to the theoretical without acknowledging having done so. Shaffer, and all those who endorse stripping producers of their ownership rights, should recognize that producers have bills to pay and those who steal their products deprive them of their ability to provide for themselves through the outcomes of their labor. Moreover, thieves do exist, and having a means to guard against them is necessary albeit unfortunate.

Conclusion

In practical and theoretical terms there is no meaningful distinction between real property and intellectual property. If libertarians accept government protections for real property then they must too accept them for intellectual property if consistency is to be maintained.

I am sympathetic to the concern that when we ask the government to protect us it enfeebles us potentially and opens the door for the government to inch into other areas of our lives. But, the potential does not have to be realized if we do not permit it. It is possible to restrain and confine the government to those means and ends that we think most appropriate. Thus, we must not deny producers security in their life, liberty, and property for fear that the authority we must rely upon to do so may turn against it. We must instead opt for just government rather than reject it outright until such a time comes that we live in a world of entirely honest men and women.

With the permission of the author, a reply to this essay has been invited from Wayland Hunter; it is available here.




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Universities Are Not Walmart

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Just recently, the e-zine Salon.com ran a piece bearing the provocative title, “The Walmart-ization of higher education: How young professors are getting screwed.” It wins my prize for the most bizarre think-piece of the year.

The author, Keith Hoeller, considers the move in higher education to replace tenure-track professors with lowly adjuncts. To him, this is apparently as shocking as it is surprising.

He begins by noting that various surveys of workers show that tenured professors are a pretty happy bunch. They average over $90,000 a year in total compensation, for only nine months work, and they report low levels of job stress, high levels of job satisfaction, and so on. This is hardly a surprise. Getting tenure means never having to hear “you’re fired.” Tenured professors are virtually immune from termination, no matter how poor their job performance.

The first strange thing about Hoeller’s article is that it isn’t reporting anything new. The shift from highly-paid tenured professors to lowly-paid adjuncts has been going on for decades. The article’s deeper flaw its author’s use of Walmart as a slur.

Yes, Walmart uses a lot of part-time labor, as do most other retail and service industries. (The frequency of part-time work is increasing rapidly as the full implementation of that crazy-quilt law called ObamaCare grows nigh). But the resemblance ends there. Walmart, so despised by bien pensant literati, has succeeded in lowering its prices dramatically, on a vast array of consumer goods, and has done so since its inception. Walmart saves the average American family — all American families, including those of elitists who refuse to shop there — something like $2,300 per year. Its costcutting measures, including of course labor-saving measures — which go way beyond using part-time labor — have benefitted all consumers with lower prices and better goods, and Walmart investors with a good return on their money.

Walmart, Target, Costco and so on continue to deliver more for less, while the higher education system business only continues to deliver less for more.

In stark contrast, colleges have systematically screwed their consumers and investors. Consider first the consumers, i.e. students. During the past few decades, they have seen their tuition rise much faster than inflation — while the service rendered has steadily deteriorated. The deterioration takes the form of watered-down courses, degrees in vacuous subjects, and rampant grade inflation. Over the past decade in particular, students have had to run up huge amounts of loan debt getting degrees that have proven worthless in terms of career placement.

The investors in these colleges, the taxpayers (for public schools) and the donors (for private ones), who have seen graduation rates dwindle and the employability of recent college grads — only 56% of whom are in jobs appropriate to their training — plummet, are also being swindled.

The Hoeller piece doesn’t address the damning context of the increased use of academic part-timers: the fact that such savings in labor costs have not even slowed the explosion of costs to the students, and the fact that the services rendered have dropped in quality. The proximate cause is, of course, administrative bloat.

Bloat is the focus of a recent article by Jon Marcus of the New England Center for Investigative Reporting. Marcus reviews a report from the Delta Cost Project (also reviewed by the Chronicle of Higher Education) on the rapid growth in college administrative staff. Marcus reports that the growth in the number of college administrators has greatly exceeded the growth in both the number of students and the number of faculty. Over the past 25 years, colleges and universities have increased the number of their administrative staff by 517,636. During that time, the ratio of nonacademic employees to faculty has doubled. We now see two non-academics for every tenure-track or tenured professor at public universities, and a ratio of two and a half to one at private colleges.

Growth in this area is especially strong at the central offices of public college and university systems. For example, the headquarters of the California State University system has a separate budget that exceeds the budget of three of its campuses!

Marcus cites economist Robert Martin making the point that so eluded Hoeller: “While the rest of the economy was shrinking overhead, higher education was investing heavily in more overhead.” Walmart, Target, Costco and so on continue to deliver more for less, while the higher education system business only continues to deliver less for more.

Marcus notes that in constant dollars, tuition and fees have nearly doubled at private four-colleges, and nearly tripled at public four-year colleges, over the last quarter-century. And during this period, the ratio of part-time to full-time faculty has gone from about one-third to about one-half.

Naturally, administrators have a reply: they claim they are delivering more value to the consumers (students) and principals (taxpayers and donors) by creating and expanding offices for security, counseling, technology services, “sustainability,” disabled student services, and especially “diversity.” But skeptics rightly reply that these services don’t seem to have resulted in objectively measurable favorable outcomes. For example, over the past decade, Marcus notes, the percentage of students pursuing bachelor’s degrees — which can be completed in four years — and actually getting their degrees within six years has risen only slightly (from 55% in 2002 to 58% in 2012).

In constant dollars, tuition and fees have nearly doubled at private four-colleges, and nearly tripled at public four-year colleges, over the last quarter-century.

And several economists cited in Marcus’ piece made the obvious point that universities, to the extent they even need many of these services, could easily outsource them. As Robert Martin put it, “You can hire outside firms, on a contract basis, with competitive bidding. All these activities are a distraction from what the institution is supposed to be doing.”

What is causing the exploitation of adjuncts and the explosion in student fees is at base the same thing: a severe case of the principal-agent problem.

The managerial agents at American universities — the administrators — have achieved virtually total power over the institutions they manage, so much so that they view themselves as the true principals (owners). Of course, they’re not — the principals are the taxpayers, the donors, and the tuition-payers. But the administrators seldom see it that way.

Until this problem is solved, you can expect to see administrative bloat continue apace, enabled by the burgeoning ranks of the adjuncts — and by higher tuition, which is in turn fueled by the federal student loan program, a government program run amuck.

In fine, the American university system is as dissimilar to Walmart as you can get. Walmart has not been shafting its customers through management bloat, higher prices, poorer service, and lousier products, all fueled by massive federal subsidies. The American university system has.

Growth in this area is especially strong at the central offices of public college and university systems. For example, the headquarters of the California State University system has a separate budget that exceeds the budget of three of its campuses!




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An Unforeseen Development?

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On NPR this morning, I heard that 525,000 people had left the American labor force in December. I couldn’t find the number on the NPR website, so I looked on the Labor Department’s. My “find” function came up empty there as well. It’s probably there, but I think you have to add and subtract a little from the relevant columns of figures to come up with it. Having wasted precious minutes, I grew impatient. I baited my Google hook with the raw number (525k) and cast it into the data sea. The number was reported on many suspect blogs, tagged with red doughnuts warning me away. Then: Voilà. An article from Economics Analytics Research, Unemployment Rate Plunges to 6.7% in Dec. As Labor Force Shrinks; Payrolls Up Disappointing 74K”:

The drop in the unemployment rate came as a result not of new jobs, but a sharp increase in the number of persons not in the labor force — 525,000 — to 91,808,000, an increase of 2,969,000 in the last year. In 2012, the number of persons not in the labor force increased 2,199,000.

Why are people dropping out of the labor force? Some retire. Some grow weary of a fruitless job search and move in with their parents. Others migrate to the underground economy. But why the “sharp” increase at the end of 2013?

Let’s face it, there are people who will choose to glide into Social Security and Medicare on the wings of Obamacare.

At least part of the reason may be this: before January 1, 2014, when you left the labor force early, not only did you lose any possibility of unemployment benefits but you were also probably tossed into the healthcare jungle of uninsurable pre-existing conditions, crowded emergency rooms, and lousy medical treatment.

Let us say that you are a 60ish empty nester who has been downsized. You have been looking for work for a year. Your unemployment benefits have run out and all your job leads have led nowhere. While you have a modest nest egg, Social Security won’t kick in for a few years and Medicare a few years after that. Your company-sponsored health insurance has run out and you are on the verge of applying for jobs for which you are ridiculously overqualified just to get the insurance.

But not so fast. Beginning on January 1, 2014, if you don’t have a job or more than a modest income, you are eligible for Medicaid — healthcare provided at no cost to you as a result of the Affordable Care Act. Please note: non-income assets don’t count against eligibility, and, under the new law, the allowable income ceiling has been raised (eligibility requirements have been relaxed) to allow millions more to enjoy this benefit, including the boomer described above.

Let’s face it, there are people who will choose to glide into Social Security and Medicare on the wings of Obamacare. They will choose not to take a big step down the career ladder in order to secure a benefit that is available for the asking. There is a facet of human nature that shrugs, “Why not?”

It has to be asked: was this incentive to hang it up early an intended part of the new law, or was this “sharp” shrinking of the labor force an unforeseen development?

In either case: heck of a job, guys.




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Speaking Truth to Stupidity

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An amusing incident occurred recently in France, which not long back elected a Socialist government — an incident so amusing it warrants noting.

As reported in the Wall Street Journal, an American tire company — Titan International — was looking at possibly taking over Goodyear Tire & Rubber Company’s unprofitable French factory in Amiens. Maurice Taylor, Titan’s CEO, visited the factory late last year to assess the economic viability of the proposed acquisition.

Taylor looked the place over and wrote an interesting letter to the French Industry Minister Arnaud Montebourg, explaining why he was not going to pursue the deal — a letter that caused a hysterical reaction in a government much given to hysteria.

In his inspection of the plant, Taylor found that the communist-controlled union was totally obstructive to all the changes needed to make it profitable, including such mundane steps as requiring workers to work put in longer hours and permitting target layoffs of unneeded staff. He found that the highly-paid union workers were working only three hours a day on average. Worse, the workers were demanding that Titan guarantee all their jobs for a minimum of seven years.

In his letter to Montebourg, who had contacted Taylor in January to see why Titan wasn’t pursuing the failing factory, Taylor replied, “Sir, your letter states that you want Titan to start a discussion. How stupid do you think we are?” He went on to say, “Titan is the one with the money and the talent to produce tires. What does the crazy union have?”

This brought on Montebourg’s hysterical reaction. He told Taylor, “Your comments, which are as extremist as they are insulting, display a perfect ignorance of our country, France.” The furious Frenchie added the dig, “Can I remind you that Titan . . . is 20 times smaller than Michelin . . . and 35 times less profitable? That shows how much Titan could have learned and gained from establishing itself in France.”

However, the moronic Montebourg did not answer the obvious question of why, if the French tire maker Michelin is so marvelously profitable and skillful, it didn’t pick up the plant itself.

The exaggerated response showed that the Socialist government is once again on the defensive. It is making only the feeblest attempts at reforming France’s notoriously rigid and archaic workplace rules, rules that make laying off or cutting back the hours of workers extremely difficult, and so international business is continuing to avoid opening production facilities there.

I wish that I could revere CEO Taylor as an entrepreneurial hero speaking truth to politicians as stupid as they are powerful. But in his letter, Taylor accused the American government of being little better than the French because it hasn’t taken steps to protect America’s tire makers from Chinese competition.

It doesn’t seem to occur to Taylor that protectionist laws help domestic unions get similarly rigid and inefficient work rules for American workers.




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O Canada!

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“Canadians are the only people who take moderation to an extreme.”

— H. L. Mencken

Cross the border into Canada circa 2005, and the convivial pleasantries of the immigration official would only be interrupted — almost apologetically — by the requisite formalities. “Are you bringing in any liquor, beer, wine, or tobacco?” An honest declaration inevitably rendered a generous individual exemption.

No longer. Today Canadian immigration agents have taken a page — the third-degree page — from US Customs and Immigration: all obdurate business without a hint of foreplay.

“Are you carrying any self-defense devices such as guns, pepper spray, or mace?” The eyes narrowed down suspiciously, homing through the response to detect revealing body language.

We were. Pepper spray.

My wife and I were embarking on a mountain bike ride across Canada along the Trans Canada Trail (TCT), a dedicated, mostly back-country route for walkers, skiers, horseback riders, and bikers that crosses the country and which, in typical Canadian all-inclusive fashion, incorporates every province and territory. Our plan was to ride from the Pacific coast to the Atlantic, camping out along the way. Instead of lugging the more traditional panniers to carry our gear, we were pulling single-wheel BOB (beast-of-burden) trailers each loaded with tent, sleeping bags, cooking kit, etc.

British Columbia, with its accordion folds of Coast Mountains, Rocky Mountains, and subsidiary ranges, is teeming with bears. And pepper spray, the provincial parks’ wardens’ (rangers in the US) preferred bear deterrent, was our only legal protection. Curiously, although capsicum aerosols are legal, they must be labeled “for bears.” Ours were not, so they were confiscated. Perhaps some bears can read; or perhaps the label inhibits its use against other predators. Who can say? We later forked out $80 for two Canadian-made capsicum bear repellents with the proper government labels.

Not one question about drugs or suspicion about illegal stowaways. Canada’s priorities are obvious: first, a mirror image of the US concern over terrorism expressed by the immigration officer as a lack of civility; then a concern about liquor and tobacco smuggling (not only are vice taxes an important source of Canadian revenue but they embody a long tradition of reformist social policy that discourages unhealthy habits); and, finally, handgun prohibition. Canadians are proud of their civil society and deathly afraid of contracting what they perceive as a US epidemic of handgun violence.

Perhaps some bears can read; or perhaps the label inhibits its use against other predators. Who can say?

But a demand for handguns persists. Jock Bigjaw, a Dogrib First Nations (not his real name or tribe) leader and self-styled warrior, wanted a .357 Magnum. Jock was a big-rig hauler, a job that allowed him plenty of time to pursue his real passion — alpinism. We’d met on the flanks of Aconcagua in Argentina and hit it off, laughing ourselves into indignity at the 14,000 foot base camp. Politically, he believed in self-reliance and the Canadian government’s duty to adhere strictly to its treaties. Jock fought many of his fellow Indians’ sense of aimlessness, despair, and alcoholism by setting an example of achievement. He dreamed of being the first Native American to summit the Vinson Massif — the highest peak in Antarctica — and toured Canada’s Indian Reserves giving inspirational presentations at schools and community conclaves. In the world of Canadian indigenous peoples, Jock was a hero.

After the climb he asked me if I’d be willing to buy him a handgun in the US, meet him in Idaho during one of his cross-border forays, and sell it to him. Though he was apprehensive about buying the gun, he was untroubled about smuggling it into Canada. I agreed.

* * *

In spite of NAFTA, “free trade” remains an elusive concept — particularly at entry levels. After completing a guidebook (see About this Author) to sea kayaking the Inside Passage (three-quarters of which traverses the BC coast), I submitted the manuscript to Rocky Mountain Books, Canada’s premier outdoor guidebook publisher. They wanted it. However, because of my US citizenship, it did not qualify for certain subsidies offered by the federal and provincial governments — in effect, a quota system for Canadian authors that makes it hard for non-Canadians to compete (which is its intention). So, in the end, they declined it.

Just before crossing into Canada to start our bike trip, my wife and I stopped at Smith Rocks State Park in Oregon to do a little rock climbing. For this sport, Smith Rocks is a world-class destination. It is the birthplace of “sport climbing”, a relatively safe technique that in the 1980s allowed standards of difficulty to be pushed way beyond what anyone ever imagined.

Though he was apprehensive about buying the gun, he was untroubled about smuggling it into Canada.

Lacking a guidebook, I approached a large group of young climbers in the campground to get “beta” — route information. They were from NOLS, the National Outdoor Leadership School, an outgrowth of Outward Bound. NOLS teaches outdoor wilderness and survival skills. These kids had signed up for a month-long rock climbing course that was to take place at Squamish Chief, BC — Canada’s Yosemite. But a Canadian immigration officer had different ideas.

When asked the purpose of their visit, the instructors responded innocently and honestly. Although tuition had been paid in the US — and was already a done deal — the martinet declared that the NOLS program would unfairly compete with Canadian guide services. He refused entry into Canada to the two trailer-hauling vans with 24 kids and instructors. Smith Rocks was their consolation destination.

* * *

In spite of the border crossing unpleasantness and the high prices, it is alwaysa pleasure to be in Canada. A leisurely civility and understated formality barely conceal an endearing earnestness — about the most trivial of life’s minor curiosities — that disarms even the most irascible visitor. Canadians are patient, tolerant, and egalitarian to the core. While the American Declaration of Independence celebrates “life, liberty and the pursuit of happiness,” Canada’s founding document promises “peace, order and good government.” As Pierre Trudeau once belligerently declared, “We are in the extreme centre, the radical middle. That is our position!”Nonetheless, to the average American, Canadian politics are an irrelevant baffle mired in minutiae.

Perhaps what makes Canadian politics so unintelligible, frustrating, and yes, even boring to Americans, is the more than usual lack of congruence between political parties and any sort of principled political philosophy. Consistency has been sacrificed to national unity, growth, and development, which — in such a geographically sprawling and climatically extreme country — all parties promote through vigorous federal intervention and subsidies to make settlement and development of its inhospitable extremities more attractive.

While the American Declaration of Independence celebrates “life, liberty and the pursuit of happiness,” Canada’s founding document promises “peace, order and good government.”

This was all the easier because, unlike the US, which attempted to design a government from scratch based on the latest Enlightenment philosophy hot topic, Canada simply continued being a part of Britain, developing the same structure of government as the mother country, and following its lead in foreign and domestic policy.

Each election seems to be contested by politicians with a big wish-list of concrete promises that expediency and the demands of a fractious confederation often reverse 180 degrees within days of victory. Canada dodged the 2008 financial crisis through fiscal health and well-capitalized banks, with the “Loonie” shooting ahead of the US dollar for the first time ever. The Economist, however, avers that the housing market is frothy and likely to pop.

But we had more practical matters to consider. We drove to a West Vancouver marina and found a safe place to park our van for the duration of the bike ride, spending the rest of the day packing camping gear, tuning up the bikes, and making the myriad arrangements requisite for our trip — with Canadian talk radio in the background.

The controversy du jour was emblematic of Canadian attitudes, politics and the rise of China. A handful of young Oriental men (some of whom couldn’t speak English) had been arrested drag racing on a Vancouver street in Maseratis, Lamborghinis, Alfa Romeos and other such jet engines on wheels. The police had released them without filing charges. Speculation focused on the idea that wealthy and influential parents had pulled strings. Besides the predictable indignity over favoritism, suspected pay-offs, and police malfeasance, callers and host alike were incredulously outraged that common standards of Canadian propriety had been so contemptuously flaunted by drag racing on a staid city street.

Canada, with British Columbia in particular, has had a huge influx of rich Chinese immigrants — crony capitalists and rent seekers who have made fortunes in a changing China that lacks a rule of law and are using every trick availableto get their money out of the country. Unsurprisingly, China has currency export controls. With its lax immigration policy, passports that are virtually given away, comparative economic freedom, and relative proximity to China as a Pacific Rim neighbor, Canada is a preferred destination for Chinese oligarchs.

Our first day out covered 70 muscle-grinding miles through Vancouver and its suburbs, followed by a torrential downpour the following day. We took a rest day. By the end of the second week, we’d hit our stride and required a rest day only every 5 or 6 days. Much of our way was on “rails-to-trails”, old railway beds reclaimed for recreation. When present, these wilderness throughways profiling no more than a 3% grade made pedaling over BC’s mountain ranges a transcendent experience.

I commented to our host that I couldn’t imagine marching into battle to the strains of “O Canada.” She smiled and retorted, “We’re all about peace — and having fun!”

One of the first small towns we passed through, Gray Creek (pop. 125), had a refreshing libertarian flavor. The welcoming sign at the town limits proudly announced, “Gray Creek, still metric free.” When I groused about the $38 one-night, one-tent camping fee and the over-priced stale groceries, the good-humored campground and store owner-manager glibly blamed it all on the government.

Canada’s metric system is a bit of a Potemkin village — but with one real cannon that occasionally lobs a ball and messes things up. For one (as in Gray Creek), revanchists stubbornly adhere to the ergonomic English system. Yet, more fundamentally, the Dominion, surveyed by the British in the 18th and 19th centuries, is stuck with the mile-based Range & Township sectional land division, which rears its head nearly every time a property survey is necessary. In agricultural areas, rural roads retain a mile-based nomenclature (“Mile 154 Road”) and are located according to the old distances.

At Castlegar, a town of nearly 8,000 people located in the Selkirk Mountains at the confluence of the Kootenay and Columbia Rivers, we decided to splurge on an extended rest at a B&B. When we inquired at the tourist office, the attendant — without a hint of irony — informed us that Castlegar had suitably good motels, two campgrounds, but no B&Bs. Since British Columbia is the most British of Canada’s provinces, and B&Bs are a British invention, and they are common in Canada, I sensed something was amiss.

According to a café owner we befriended, a few years before — during an economic development spurt — the city fathers had invited a large, upper mid-range lodging chain to open a unit in town. In the US, when towns come calling for a local franchise, the chain, knowing it has an advantage, is not beyond asking for tax breaks or demanding a location it covets through the use of eminent domain. In Castlegar the quid pro quo took more of a Canadian turn — the elimination of an entire segment of the competition. In return for a fancy motel, the city council banned B&Bs.

An American can never spend much time in Canada without bumping — one way or another — into its famed health care system, usually (at the very least) as one of the first topics of conversation after an exchange of basic pleasantries. We’d heard of doctors going on strike and actually seen nurses striking (all of them are now public sector employees). In Castlegar, signs urging the government not to close 24/7 emergency medical services at the local hospital because of budget constraints were prominently displayed. These were nearly always twinned with another sign, hung by the firefighters’ union expressing opposition to theproposed closure.

As uninvolved tourists, we were entertained to observe another country’s political minuets without directly being involved. They gave us fodder for discussion as we pedaled up the Selkirk Range — but not enough to get us up the western slopes of the Rockies into Banff, where every breath up the technical single track was so precious it precluded conversation.

The town of Banff (Canada’s Aspen, Estes Park or Crested Butte, take your pick — but better), on the BC-Alberta border, is the center of Canada’s oldest national park: Banff National Park, the anchor for a series of parks that straddle the Rocky Mountains. Typical of such quaint alpine villages, it struggles to balance demand and development with retention of the picturesque ambiance that attracts tourists.

No amount of passing grades, accolades and applause, mortar boards and robes, paper diplomas or false confidence can replace or instill competence.

According to the August 30 issue of the Rocky Mountain Outlook, “Banff’s politicians are poised to revisit the controversial issue of setting quotas to control corporate chain stores and restaurants in the national park tourist town,” not only to preserve the community’s character but also because some homegrown businesses had already gone belly-up due to competition from recently opened national chain stores. Banff is already home to Starbucks (of course), Tim Hortons the coffee-and-doughnut chain(it wouldn’t be Canada without Tim Hortons), McDonald’s (which everyone abuses but patronizes), The North Face (it wouldn’t be a mountain town without The North Face), Tony Roma’s, The Gap, and others.

As with any scheme that preferentially treats one business over another, the details of this one are devilish to draw up and subject to corruption, with arbitrary choices that are based on aesthetics but that fundamentally affect livelihoods. As the newspaper reports:

The question of what level to set the quota is a challenging one. Options include back-casting the quotas to reflect the mix that existed during the 2008-2009 period when visitor surveys were done, capping at current levels or allowing a cushion, like 10% more. Banff’s senior planner said a quota below current levels creates instant pressure on existing situations, including the creation of legal, non-conforming uses, while a quota set too high doesn’t achieve the regulatory goals and becomes a zoning “paper tiger.”

So as not to kill the goose that lays the golden egg — not completely, at least — service stations, hotels and banks are not included in the proposedquota system.

Out of seven Banff City Councilors, only one declared unequivocal support for the free market; while the Mayor — like a good politician — concurred with him, but artfully hedged her position.

* * *

We took another multi-day rest at a friend’s home in Canmore, less than 20 miles from Banff and in just as stunning a location, to attend the annual Canmore Highland Games, an event Canadians take very seriously. It is absolutely nothing like the ersatz, corn-ball, out-of-tune bagpipe-screeching “highland games” not uncommon south of the border, attended by pot-bellied old men with giant calves in tams and kilts who can talk at length about Culloden, Bonnie Prince Charlie and what Mel Gibson doesn’t know about Robert the Bruce.

Attendance in the thousands, in spite of a prohibitively expensive admission fee; way over 100 pipe bands from all over the country, with electronically tuned bagpipes played by top-notch musicians of all ages, genders and colors; full-sized telephone poles that few men could even get erect for the caber toss; endless imported tap bitters, ales and stouts; more single malt whiskeys than you ever thought existed; haggis to die for (really!) and fish-and-chips with cod, haddock, salmon, and halibut choices. Even the step dancing competitions, from schools from all over Alberta, were top-notch. All on a perfectly turfed, quadruple-size football pitch ringed by giant, blindingly white campaign tents topped by Canadian flags — the whole surrounded up close by the crenelated limestone summits of the Fairholme and Rundle Ranges.

The festivities opened with a Royal Canadian Mounted Police regiment, an infantry division, and its 50-member pipe & drum band marching to the fore under the skirling strains of Scotland the Brave. The M of C then asked the crowd to stand for an a cappella rendition of O Canada, a composition I’d read much about but never heard — so I was particularly curious. Although the young lady did her best, the anthem was underwhelming. I commented to our host that I couldn’t imagine marching into battle to the strains of O Canada. She smiled, posed as if she were step dancing, and retorted, “We’re all about peace — and having fun!”

Descending the Rockies was a roller coaster ride. Nevertheless, we were concerned that once we were on the prairies, the ride would get boring over the flat, featureless terrain buffeted by endless winds. But when one expects the worst, things can only get better. And so it turned out. Our west-to-east direction virtually guaranteed a tail wind, and the artful design and routing of the TCT avoided traffic and kept our interest at ADD levels.

The prairies are cut by water courses carved through deep declivities and bordered by sirenic glens peppered with deciduous and evergreen copses. Quaint, colorful Hutterite colonies and Mennonite and Eastern Orthodox settlements, complete with metallic onion-domed churches incongruously plopped down in the middle of nowhere, enthralled us.

Even the imported oil-boom labor — people from 127 countries speaking 69 languages — can get mired in way-more-liberal-than-the-US Canadian immigration rules.

Still, we were concerned about a couple of routing questions. The TCT — again in typical Canadian all-inclusive fashion — was designed to go through every provincial capital. Edmonton, the capital of Alberta, is halfway up the province — far from the southern alignment we’d been following. The TCT then heads east and (back) down to Regina (rhymes with vagina, source of many a snicker), capital of Saskatchewan. Additionally, urban bike riding, especially with fully loaded BOB trailers, can be very trying. No worries — the TCT tied into extensive riverside urban trails through Calgary and Edmonton that displayed the best of both cities, slicing through downtowns and suburbs with equal aplomb.

We’d taken to eating breakfasts at fast food joints and cafes where the portions — and the clientele — were gargantuan (giving the lie to the old nutritionist’s tale that eating a healthy breakfast inhibits weight gain). The ubiquitous “We reserve the right to refuse service to anyone” signs posted in US cafes were nowhere to be found — probably too confrontational for Canadians. They were replaced by “Abuse will not be tolerated” signs that seemed to serve the same function — more politically correct, I suppose. These were sometimes coupled (at one Safeway, for example) with a poster of smiling employees — a black, a Caucasian, an oriental, an Indi…er, First Nations member, a Latino, an Inuit, an Indian or Pakistani-origin Muslim (you could tell from the forehead dot or the Muslim kufi), and of course, both sexes — touting diversity in employment practices.

Every one of these establishments in the Edmonton area carried the morning’s The Edmonton Sun with daily reports on the firing of Lynden Dorval, aka “the zeros teacher.” The Ross Shepard High School (part of the Edmonton Public Schools system) physics teacher had been fired after he gave a student a zero for not handing in an assignment.

“If students don’t do the work, they don’t deserve (a grade) and I stand by that,” Dorval was quoted as saying. Students, parents, the principal and even Edmonton Schools Superintendent Edgar Schmidt sported “Real heroes give Zeros” T-shirts in his support. But it was Schmidt, caving in to demands by the school board, who made the final call, stating that the firing was for “insubordinate, unprofessional” conduct.

The Sun, quoting Dorval,claimed that the firing was “for going against school policy by assigning students with a zero, rather than using the code system the school uses to evaluate work.” Both the Alberta Teachers’ Association (the union) and the school board were conducting investigations. Unstated but suspected is that the “code system” assigns some value to all work — including its absence. Perhaps, these people must reason, there is merit to merely being present — like Forrest Gump — when homework is assigned.

Political correctness (PC) run amuck? Definitely. We mustn’t ruin the students’ self-esteem.

I once argued with a couple — both teachers, one in the Pennsylvania Public School System, the other an Outward Bound instructor — about the consequences of failing students. The public school teacher, a union member, supported her school’s policy of never failing or expelling a student. Since “bad” students were usually “at risk” kids, failing or expelling them would just make an already bad situation worse, she argued. Her husband, the OB instructor, agreed.

So I asked them to imagine applying the same logic to instructing in rappelling (a technique for descending a cliff by zipping down a rope). In other words, telling a student who hadn’t mastered the technique that he was actually proficient at it. I said, “If he went out and tried rappelling on his own, the well-intentioned lie could cost him his life.” They couldn’t muster a reply.

The core problem with PC is that it wishfully reverses the order of cause and effect. No amount of passing grades, accolades and applause, mortar boards and robes, paper diplomas or false confidence can replace or instill competence. Moreover, it is condescending and patronizing — visibly signaling that the recipient can’t handle the truth. In fact, PC functions primarily, as David Foster Wallace has so eloquently expressed, “to signal and congratulate certain virtues in the speaker — scrupulous egalitarianism, concern for the dignity of all people, sophistication about the political implications of language — and so serves the self-regarding interests of the PC far more than it serves any of the persons or groups” who are the recipients of it. It is hypocrisy legitimized.

What’s more, many ofthe“at risk” kids (previously known as JDs — juvenile delinquents) are sharp, with well-developed BS antennae that can see right through the hypocrisy of patronizing, deceptive schemes. And they learn from them, using their new insights to game the system, while losing all respect for adults that are complicit in such manipulative behavior. That’s why they supported Dorval, who, by the way, was soon hired by a private school.

We didn’t run short of conversational topics when we turned east out of Edmonton and headed for the Saskatchewan border. Although the architects’ primary reason for this route was running through each province’s capital, there was a bonus: Edmonton’s latitude approximately coincides with the limits of agriculture.

North of the line, farms and roads disappear and the great northern Canadian wilderness rules. This made for a stunning ride. In places, giant combines were harvesting wheat and rape seed, the source of canola oil (Canadian oil) on farms run by Polish and Ukrainian immigrants. In others, hills studded with evergreens alternated with picturesque lakes surrounded by deciduous trees turning red and gold in the mid-September cold.

Peppering both the fields and the glens were “nodding donkeys” (oil pump jacks) and drilling rigs, while the occasional convoy of “thumpers” (seismic prospectors) tested the road shoulders for underground paydirt. Canada has the world’s third-largest proven oil reserves — most of it in northern Alberta’s oil sands — and 3,400 trillion cubic feet of natural gas in its shale beds. BC residents who live near the border nip over to Alberta for a cheaper fill-up.

The new discoveries, advanced drilling and fracking technology, and, as one oil-industry booster puts it — referring to less politically salubrious climes — “no bribes or body bags” are driving a boom no one is able to keep up with.

Several factors are holding back the bonanza. For one, there is no easy way to transport the thick crude out of northern Alberta. The US section of the proposed Keystone XL pipeline from Hardisty, Alberta to Port Arthur, Texas has not yet been approved by the Obama administration; while the Northern Gateway pipeline, proposed from Edmonton to Kitimat, BC, on the Pacific Coast (for exports to Asia) is being held up by environmental concerns and First Nation objections. The pipeline would cross aboriginal reserves.

“The other big bottleneck,” the November 17 issue of The Economist reports, “is human capital.” Hardly anyone lives near Fort McMurray, the closest city, and fewwant to move there in spite of the high wages and attractive incentives. Even the imported labor — people from 127 countries speaking 69 languages — gets mired in way-more-liberal-than-the-US Canadian immigration rules. “An Irish worker in Fort McMurray,” The Economist continues, “complains of having to fly to Calgary to sit a test of English proficiency. It’s her native language, and the test is online.”

* * *

When our canteens began freezing overnight, we decided it was time to go home.

At St. Paul we cadged a couple of discarded cardboard bike boxes from Canadian Tire, a megastore that combines aspects of Wal-Mart, Checker Auto and Sears (and whose business model still escapes me), to pack up our bikes for the Greyhound bus trip back to our van.

Next year — in Saskatchewan.

And, perhaps, another report.




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