Massachusetts Sen. Elizabeth Warren has a new scheme to impose employee co-determination and an assortment of other forcible corporate governance alterations on American business. My new Cato post argues that it would expropriate huge sums in shareholder value while undercutting incentives for economic dynamism. Alternatives to the U.S. corporate governance system, “European or otherwise, simply do not have as good a track record of supporting a dynamic economy that generates world-beating enterprises across a wide range of business sectors.” Other views: Donald Boudreaux (“deeply truly scary”), Matt Yglesias/Vox (taking favorable view of scheme, including its destruction of perhaps 25 percent of current shareholder value). More on the “stakeholder” and co-determination angles: Samuel Hammond, and Megan McArdle on the latter.
Posts Tagged ‘Denmark’
Free speech runs into deeper trouble in Europe
The European Union may bring member states before the European Court of Justice for protecting freedom of expression too vigorously, reports Jacob Mchangama. “Even historic defenders of speech like Denmark and the United Kingdom are starting to choose ‘social harmony’ over free expression.” [Foreign Policy]
How to revive blasphemy law in just a few easy steps
Denmark had allowed its old blasphemy law to fall into disuse, but now it’s reviving prosecutions by way of its ban on hate speech purportedly aimed at religious groups [Jacob Mchangama, Columbia U. Global Freedom of Expression & Information Jurisprudence Project]
Medical roundup
- “No, Donating Your Leftover Tissue To Research Is Not Like Letting Someone Rifle Through Your Phone” [Michelle Meyer answers “Henrietta Lacks” author Rebecca Skloot; related, Richard Epstein/Hoover]
- “Women Should Not Have to Visit a Doctor for Birth Control” [Jeffrey Singer, Time/Cato]
- Lawyer ads can scare TV viewers into discontinuing medically indicated therapies. But is more regulation the right answer? [reform group Sick of Lawsuits]
- Johnson & Johnson followed federal government’s own advice on labeling a drug, and got slammed by a jury in consequence [WSJ editorial]
- U.S. opinion resistant to ratifying treaties that would create an international-law right to health care, so how about smuggling it in via congressional/executive agreement? [Nicholas Diamond, Harvard “Bill of Health”]
- Denmark, like other Scandinavian countries and New Zealand, has replaced malpractice suits with iatrogenic injury compensation scheme [Pro Publica]
- Has liberalized patient access to opioids been a net harm? Study suggests no [Tyler Cowen]
Free speech roundup
- Understanding the liberal-conservative gap on what “free expression” means [Ronald K. L. Collins]
- Foes of Yik Yak “want universities to ban the very app that gives marginalized students a voice on campus” [Amanda Hess, earlier] No-platforming: “It is an anti-Enlightenment movement.” [Claire Lehmann on Germaine Greer case] At UCLA, administrators and activists are attacking the core right to free speech [Conor Friedersdorf]
- “If you know what you’re doing, you bring in the litigators before you start running your mouth.” [Popehat on game developer’s lawsuit threats, language]
- “Climate change, Galileo, and our modern Inquisition” [Edward Dougherty, Public Discourse/MercatorNet on climate RICO] “Veteran campaigner Bill McKibben and Democratic presidential candidate Bernie Sanders demand the Obama administration launch a criminal investigation [over Exxon’s allegedly improper issue advocacy]… victory over deniers and climate criminals is always just around the corner” [Holman Jenkins, Jr., WSJ, paywall]
- In Denmark, courage of cartoon editors belatedly recognized, yet fear governs press [Jacob Mchangama, Politico Europe]
- Federal judge: First Amendment forbids Kentucky officials to shut down parenting column written by N.C. psychologist on grounds that it constitutes practice of psychology in Kentucky without a license [Caleb Trotter, Pacific Legal Foundation]
- “To Tweet or Not to Tweet: How FDA Social Media Guidelines Violate the First Amendment” [Kirby Griffis and Tamara Fishman Barago, Washington Legal Foundation]
Health and safety regulators vs. Danish pastry
Two of my enduring interests — excessive government regulation and the quest for truly scrumptious cinnamon buns — intersect here in a single story from Denmark. [Guardian]:
…scientists have now discovered that too much of the most commonly used type of cinnamon, cassia, can cause liver damage thanks to high levels of coumarin, a natural ingredient found in the spice.
The EU has accordingly decreed that coumarin levels must be kept below 50 mg per kg in “traditional” or “seasonal” foodstuffs eaten only occasionally, and 15 mg per kg in everyday “fine baked goods.”
Last month, the Danish food authority ruled that the nation’s famous cinnamon swirls were neither traditional nor seasonal, thus limiting the quantity of cinnamon that bakers are allowed to use, placing the pastry at risk – and sparking a national outcry that could be dubbed the great Danish bake strop.
The president of the Danish Bakers’ Association, Hardy Christensen, said: “We’ve been making bread and cakes with cinnamon for 200 years. Then suddenly the government says these pastries are not traditional? I have been a baker for 43 years and never come across anything like this – it’s crazy. Using lower amounts of the spice will change the distinctive flavour and produce less tasty pastries. Normally, we do as we’re told by the government and say OK, but now it’s time to take a stand. Enough is enough.”
Meanwhile: Anonymous informant shuts down school bus cookie lady in Minneapolis suburb of Chanhassen, Minn. [MPR, AP]
February 17 roundup
- Federal taxpayers via National Cancer Institute grant dished out more than a million dollars to pay for laughable conspiracy-theory report smearing Tea Party [Hans Bader, more, Jacob Sullum on report from Stanton Glantz, whom we’ve often met before] “Rather than [being] a spontaneous popular phenomenon, opposition to the tea parties was nurtured by the government.” [@RameshPonnuru]
- Ken on why the relentless overuse of the epithet “bullying” gets on his (and my) nerves [Popehat; Clark at Popehat on New York police chiefs who feel bullied because someone won’t sell them guns]
- On immigration, advocates of liberty can’t afford to ignore the future-polity angle [Eugene Volokh; Ilya Somin with a response]
- More on that wretched State of the Union retread, the Paycheck Fairness Act [Hans Bader, Ted Frank, 2009 DoL study, earlier here, here, here, here, here, etc.] Other dud SOTU ideas: federally paid universal preschool [Andrew Coulson, related, more, related on minority kids’ results, yet more, Neal McCluskey on public infant care, Tyler Cowen] minimum wage hike [Chris Edwards, Veronique de Rugy]
- Woman sues fitness club over “sexually suggestive” exercises [CBS Dallas]
- Silent witness: undeveloped state of law, police, insurance contribute to widespread Russian use of dashboard cams [WaPo]
- Would-be assassin came dressed as postman: Danish free-speech advocate Lars Hedegaard interviewed [Spectator]
Free speech roundup
- “People’s Rights Amendment” paves way for government control of media and trampling of many other rights. Is your Rep a sponsor? [Volokh, more, Somin]
- Indian skeptic charged with blasphemy for revealing secret behind “miracle” of weeping cross [Doctorow] “Arab world’s most famous comedian” jailed in Egypt on charges of “insulting Islam” [Volokh]
- “Is the Real Intent of Cyber-Bullying Laws to Eliminate Criticism of Politicians?” [Coyote]
- Timothy Kincaid: why I oppose the California “don’t say ex-gay” therapy-ban bill [BTB]
- More on unreasonable IRS demands of tea party groups seeking nonprofit status [Stoll, Anne Sorock/Bill Jacobson, Houston Chronicle, earlier]
- Denmark Supreme Court, 7-0, strikes down conviction of Lars Hedegaard for criticizing Islam in own home [Mark Steyn] Institute of Public Affairs launches campaign to defend free speech in Australia [Andrew Bolt case earlier] Free speech in Britain looking the worse for wear [Cooke, NRO] Belgian court throws out lawsuit seeking ban on allegedly racist “Tintin” comic book [Volokh] Group files criminal complaint against Swiss magazine over cover story on Roma crime [Spiegel]
August 26 roundup
- Eugene Volokh on Lineage II “addictive videogame” lawsuit [Volokh Conspiracy, earlier]
- New “Trial Lawyers Inc.” report on environmental litigation [Manhattan Institute, related from Jim Copland on a Richard Blumenthal suit]
- Furor continues over Philadelphia’s $300 “business privilege tax” on bloggers and other low-revenue businesses [City Paper, Instapundit, Atlantic Wire, Kennerly]
- “DoJ seeks Ebonics translators” story affords glimpse of oft-abused market for prosecution experts [Ken at Popehat]
- Much more on FASB show-the-adversary-your-cards litigation accounting proposals [Cal Biz Lit and more, Beck, Hartley, ShopFloor, PoL (with Chamber views), earlier]
- “The Many Ways In Which Fashion Copyrights Will Harm The Fashion Industry” [Masnick, TechDirt, on the Innovative Design Protection and Piracy Prevention Act, earlier links here]
- Denmark carries out a real-world experiment in the incentive effects of unemployment compensation [Stossel]
- “Junk fax” suit demands $2 trillion [eight years ago at Overlawyered]
Quasi-off-topic musing
Inconceivably beyond my frame of reference as an American: self-operated rides in a Denmark amusement park (as part of a larger travelogue on a very strange park, Bon Bon Land). Instructions are provided on signs: customers seat themselves, and the next person on line is supposed to press the appropriate button at the appropriate time to send a customer hurtling down a zip line.
It fascinates me how other cultures tolerate risk and reject idiot-proofing so much differently than the US. I wonder which way the causal arrow goes with the general litigiousness of American culture: are we litigious because we’re risk-averse, or are we risk-averse because we’re litigious? If the former, perhaps the European example actually reflects the moral hazard of social insurance. (Of course, other photos on the travelogue pages demonstrate other important differences between Denmark and the US.)
Related: Subcontinental Drift on zoos in Southeast Asia.
Update: Amusement-park-loving torts prof Bill Childs comments, which is appropriate, because the post was originally just going to be an email to Childs and a handful of other people before I realized there was no reason not to just expand it into a post.