Category Archives: law

Defending against deadly attacks on Jews.

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There have been many attacks on Jewish schools, homes , and markets. The press likes to blame white supremicists. But in the US, Islamicists and “Black Hebrews” have been the more regular assailants. Along with them are equal opportunity killers — those who kill, for no obvious reason. I note that mostly attackers don’t wear body armor, suggesting that a small revolver is the best choice for defense. The police come, but never in time.

The Monsey, NY, 2019 attack is fairly typical of a small-scale hate crime, though it was not charged as such. A member of the “Black Hebrew” movement who had attacked Jews in the. past, always released by police, waled into a Channuka celebration in a home in Monsey, NY, pulled a large knife, and stabbed the rabbi and four others before being chased out by folks with chairs. One of those stabbed died from the wounds, and several others spent time in hospital. The attacker, undeterred, drove attack another Jewish establishment, a nearby orthodox shul, and attacked there. It seems he’d committed an anti-Jewish stabbing shortly before this murder, but was released as always before the final, deadly attack. As with most black on Jewish attacks, this was not ruled a hate crime by the police.

Kessler before the attack. The claim is that his flag triggered an accidental attack by Professor Alnaji and his compatriot.

In the US Islamic on Jewish attacks tend to be ruled as accidents or legitimate expressions, and never as hate crimes. In Thousand Oaks California, 2023, Paul Kessler 69 was standing with an Israeli flag (right) when two Islamic activists crossed the street to shout at him. One of them, Professor Loay Abdelfattah Alnaji, hit him fatally on the head with a bull horn. The police ruled it accidental, involuntary manslaughter, despite that it was two on one, deliberate, premeditated, and the assailant kept yelling: “stop killing our children,” even after Kessler was down after being hit. Alnaji is free on bail of $50K. It was not ruled a hate crime.

Poway synagog shooter, Shot four, killed one before gun jammed.

The court reacts quite differently to white on Jewish crimes, ruling these hate crimes and punishing to the full extent of the law. An example, in Poway, CA, 2019, a white man, left, entered the Orthodox, Chabad synagog during services carrying a semi-automatic pistol. He shot and killed the first person he met, then shot the rabbi, entered a side room, and shot two more, an adult and an 8 year old. Then his gun jammed. At that point he left, and called 911. He claimed he hated Jews, Moslems, and President Trump. I note that gun jams are common in stressful situations, but police showing up in time is uncommon. A revolver for personal defense would’ve helped, but they are mostly illegal in California — not that the antigun laws deterred the killer.

Organized attacks are more deadly, and almost impossible to defend against. They tend to be Islamic. The recent attack on a music festival in Israel, for example. An air – land assault with machine guns by an armed group civilians (and UN workers!) that left 1500 dead, and 250 captured. Most of the victims were unarmed, but some were armed. They were over-run, and killed. It is very hard to defend against multiple assailants with training and the advantage of surprise.

A smaller-scale versions of these military stile Islamic attacks have play out regularly around the world. For example, Mumbai, 2019, two Islamic activists entered an orthodox Jewish hostel and school, and barricaded themselves in. Over the course of three days, they killed the rabbi and his wife, and five of their children. It was part of a wider program of well-planned attacks on Jews and Jewish businesses in India. The two perpetrators were eventually killed by the police, but the support network escaped justice. These are the folks who planned the attack, and armed the two; IMHO they are as guilty as the murderers.

The shooter who attacked the Hyper Kasher kosher store in Paris. He was trained, but worked alone, and wears no bulletproof vest. First he shot the person nearest to him and those behind the counter — anyone who might reasonably stop him. He then closed the metal grate around the store, started talking and killing for 4 hours. A well timed shot or two could have taken him out.

In Paris, as a similar Islamic general attack on Jews and businesses included the killing of 12 at the humor magazine “Charlie Hebdot” A trained Islamic activist entered a kosher market, “hypercasher” with two Kalashnikov AK47s provided by the same network who armed the Charlie Hebdot killers. Ownership of most guns is illegal in France, but that makes for easy targets. On entering, he immediately killed the person next to him and shot the two people behind the counter (one died). He then asked that the store be sealed by its steel gratings so he could keep on killing in peace. Secure in the market, the attacker then asked if he should kill someone else. When every shouted no, he laughed and killed the person. The killer talked and killed for the next 4 hours while the police gathered outside and watched. One unarmed customer tried to attack him, but was killed in the process, and jeered at besides — jeers seem to be common. Eventually, the French police killed the attacker and rescued those still alive. As with the Indian attack, the support network escaped or were found non-guilty. If someone had a pistol, maybe the killing would have ended quicker.

White supmemicist, right killed 11 in Pittsburgh. Survivor, center picture will testify. From the NY Post.

In Pittsburgh, PA, 2018, a “White supremicist” entered the “tree of life synagogue” with four semi-automatic pistols (three of them Glocks). He killed 11, going from room to room, sometimes talking to people. One survivor hid under the sink for hours, unable to reach his phone in deadly fear that it would ring and expose him. Eventually the killer just left, and as he did, someone with a gun shot after him, missing. Clearly, this fellow had that gun all along but was afraid to draw it, or could not find it. I’m glad he missed, by the way. If he’d hit the guy as he left, the shooter would have gone to jail. According to US law, you can’t shoot a fleeing attacker. My lesson is that you want a gun that’s small enough to hide well and draw easily, and you want to practice enough to be comfortable using it.

Another deadly attack from “Black Hebrews”, this time organized, military stile. In Jersey City, 2019, two “Black Hebrews” attacked the patrons of an orthodox, Kosher market, starting to shoot from the street, from 50 feet away. Once they were sure that no one inside was armed, they entered and killed three individuals who were doing their best to hide. The recent Gaza attacks used this military style, too. They attacked from a distance first to drive folks into hiding, then set the buildings afire or shot cowering individuals point blank. it’s very hard to defend against this sort of attack, especially if you are unarmed, but even if you are armed and trained.

Enhanced photo from the shooting at the Jersey City Kosher market. This is a rare example of military tactics being used. Two attackers of the “Black Hebrews” started shooting from outside the store, and only entered later to finish up.

The majority of other deadly attacks are by “Islamic youths” against older Jews. The youths will enter a house, threaten, kill, and leave. In one case the victim (a professor) was beheaded on the main street. He’d shown cartoons to his class that suggested that Islam is not peaceful. As with beatings that go with “Palestine Independence” rallies, these attacks are not considered “hate crimes,” but teen violence or political expression.

Hate crimes or not, they mostly target Jews, and they seem to be religiously motivated. Typically, it’s only one or two assailants attacking a chosen, visibly orthodox individual or place. Killing is mostly in close quarters over a relatively long period, often jeering the dead. So far, none appear to use a bulletproof vest. The police do not come on time, ever.

From the above, I suggest a stubby revolver for its concealment and reliability. Carrying a gun is not a good idea if you have children in the house, or if you spend a lot of time in schools, even though these are among the locations that need defending most. You need permission to carry in large venues, including big stores, synagogues and churches, as well as most clubs.

J. Edgar Hoover’s 1939, 32 caliber, “Pocket perfect,” Detective.

A gun suggestion is a “detective special” revolver like the S+W 642 “airweight, 14.6 ounces. It’s about half of the weight of a standard Glock, and shoots five bullets of 38 caliber. A step smaller are 32 caliber revolvers as were carried by J. Edgar Hoover. Smaller yet, are 22LR and/or 22WMR, revolvers like the S+W 351C or 351 PD, and all the NAA mini revolvers, 6 to 11 oz. They are easy to carry, non-obvious, and more reliable than a semi. Five to seven bullets can be enough. Robert Kennedy was killed with a 22lr. Semi-automatic pistols are good for the range, but they need to be racked, and tend to jam in tense situations.

I suggest a revolver that takes different loads. You can practice with cheaper ammo, and carry it loaded with more expensive. Especially with semis, make sure you can draw fast and shoot accurately without jamming.

Robert Buxbaum, March 10, 2024. A common claim in the press is that guns should be banned as in Europe, or highly regulated as in New York, New Jersey and California. I disagree. Europe has a very high rate of violent crime, including quite a few deadly attacks on jews.

Half of Americans want to be kept from voting Trump

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Both Trump and Biden are unpopular. Academics and the press favor Biden, and find it inconceivable that anyone would like Trump but polls show him leading in the country as a whole, and leading in key swing states, Arizona, Georgia, Michigan, etc. Some 15.1% more Americans have an unfavorable view of Biden than a favorable view.

Biden’s problems include his age, the border crisis, and the economy. People say they find that essentials are expensive, while luxuries are cheap, and that Biden seems out of touch, perhaps that he favors the rich (the Democratic Party is increasingly the party of billionaires). Then there are religious objections, including to diversity, or gender-affirming child surgery, or abortion till birth and doctor-assisted suicide.

Trump leads in the polls, pointing to misuse of the Justice Department including Republican civil servants fired over phony mask mandates, the many illegal immigrants, the EV agenda, even Trump’s impeachment hearings that began as soon as he was elected, based on a made up “Russian collision” dossier. There’s a claim from Twitter, that the Biden’s DOJ demanded Twitter favor Biden, and then demanded that Trump be “deplatformed”, completely silenced before the election.

The Democrats fire back that Trump is ineligible to be president as he is a seditionist — citing an anti-confederate clause of the 14th amendment. They have so far, removed him from the ballot in two battleground states, Colorado and Maine, and are looking at removing him from the ballot in several others. These moves are surprisingly popular, supported by 49% of voters, despite the fact that Trump leads in the polls.

In New York, the district attorney ran on the platform that he would “get Trump,” that is put him in prison for something, and thus stop his presidential bid. NY has already pulled Trump’s business license and has indicted Trump on 48 felony counts based on the assertion that he paid a prostitute and called it legal fees on his internal books. They also claim he over-valued his buildings. No one has ever been charged or convicted on such crimes before this, but it seems certain he will be found guilty in NY. Either way, it’s is a big drain on Trump’s time and money, and the case allows the judge to command Trump not speak. Meanwhile, the ex-prosecutor has an open mike to claim he heads a crime family, now that he’s handed the case over to another DA. The judge has threatened to jail Trump for saying the charges are bogus and the treatment unfair.

In Colorado, the decision the case is stronger – sedition. They decision to remove Trump’s name from the ballot was made by a 5 to 4 vote in the Democrat-majority Supreme Court. In Maine the Secretary of State removed his name, acting alone. The claim is that what happened January 7 was not a protest, but an insurrection, and that Trump is guilty for it, along with many others who didn’t participate. Further they maintain that it is a false narrative that it was the FBI who entered the capital, fanning the flames as a sting operation against Trump. Similarly false is any claim that the Democrats skewed the election by stuffing the ballot box or overruling laws that required voter ID. That Trump says otherwise shows that Trump is a danger to democracy, they say. They find extremely offense that he calls them the “Department of Injustice.”

According to a January 16, 2024 Ispos, ABC poll, here nearly every voter who favors Biden favors removing Trim from the ballot. Most do not require that Trump be convicted. Not that it’s unlikely that Trump will be convicted of something. In NY it’s likely to be for paying a prostitute and for saying his buildings are worth more than the DA thinks they are. In Georgia, the DA took the unusual step of indicting Trump’s lawyers and his witnesses too. She thus prevents anyone who could testify for Trump from doing so. The Georgia DA seems to have done some other illegal things, but it seems certain that she’ll win her case, even if she goes to jail in the process. Several other battle-ground states’ DAs have said thay will remove Trump from the ballot, or try. Among these are Michigan, Arizona, and Georgia — states where Trump is the leading candidate.

Behi d the effort to remove Trump, guiltier not, is a generally low opinion of the legal system. Polls show that 53% of America believes that judges decide based on their politics, not on law. If Trump is found guilty, they believe it’s politics. If he’s found innocent, tit’s also politics, according to the majority of Americans. Given that folks are convinced the judges are crooked, they want to make sure that their crooked judges are the ones to stay in power, and those with other views are kept from office. It’s a tribal view of justice, not uncommon in 3rd world countries. Man for all seasons is a classic movie/ play about it.

In Russia and China the same tribal view of justice prevails, and the same story is playing out. Putin is running for president in 2024, and has take the precaution to jail his opposition as seditionist. Chinese chairman Xi has not only jailed his opposition, but also most major business leaders. The people in these countries don’t seem to mind, and seem genuinely supportive. The press there, as here, can’t understand why anyone would support anyone but the boss, and have warned against false news in an eerily unified voice.

Efforts are underway to keep Trump off the ballot in these states where he is winning, plus Wisconsin and Minnesota, states where he’s tied or losing by a small margin. A majority people don’t want him or Biden, so removal is popular.

Robert Buxbaum, Jan 31, 2024. To me, the removal of Trump from the ballot is related to the desire for term limits, and for our support, in Ukraine for the elimination of upcoming elections. Folks like democracy, in theory, but need to make sure the wrong person doesn’t win. It’s a paradox.

Ferries make more sense than fast new trains.

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Per pound mile of material, the transport cost by ship is 1/4 as much as by train, and about 1/8 as much as by truck. Ships are slower, it is true, but they can go where trucks and trains can not. They cross rivers and lakes at ease and can haul weighty freight with ease. I think America could use many more ferries, particularly drive-on, fast ferries. I don’t think we need new fast rail lines, because air travel will always be faster and cheaper. The Biden administration thinks otherwise, and spends accordingly.

Amtrak gets $30 Billion for train infrastructure this year, basically nothing for ferries.

The Biden administration’s infrastructure bill, $1.2 Trillion dollars total, provides $30 Billion this year for new train lines, but includes less than 1% as much for ferries, $220 million, plus $1B for air travel. I think it’s a scandal. The new, fast train lines are shown on the map, above. Among them is a speed upgrade to the “Empire Builder” train running between Chicago and Seattle by way of Milwaukee. I don’t think this will pay off — the few people who take this train, takes it for the scenery, I think, and for the experience, not to get somewhere fast.

There is money for a new line between Cleveland and Detroit, and for completion of the long-delayed, and cost-over-run prone line between LA and San Francisco. Assuming these are built, I expect even lower ridership since the scenery isn’t that great. Even assuming no delays (and there are always delays), 110 mph is vastly slower than flying, and typically more expensive and inconvenient. Driving is yet slower, but when you drive, you arrive with your car. With a train or plane, you need car rental, typically.

New Acela train, 150 mph max. 1/4 as fast as flying at the same price.

Drive-on ferries provide a unique advantage in that you get there with your car, often much faster than you would with by driving or by train. Consider Muskegon to Milwaukee (across the lake), or Muskegon to Chicago to Milwaukee, (along the lake). Cleveland to Canada, or Detroit to Cleveland. No land would have to be purchased and no new track would have to be laid and maintained. You’d arrive, rested and fed (they typically sell food on a ferry), with your car.

There’s a wonderful song, “City of New Orleans”, sung here by Arlo Guthrie describing a ride on the historic train of that name on a trip from Chicago to New Orleans, 934 miles in about one day. Including stops but not including delays, the average speed is 48 mph, and there are always delays. On board are, according to the song, “15 restless riders, 3 conductors, and 25 sacks of mail.” The ticket price currently is $200, one way, or about as much as a plane ticket. The line loses money. I’ve argued, here, for more mail use to hep make this profitable, but the trip isn’t that attractive as a way to get somewhere, it’s more of a land-cruise. The line is scheduled for an upgrade this year, but even if upgraded to 100 mph (14 hours to New Orleans including stops?) it’s still going to be far slower than air travel, and likely more expensive, and you still have to park your car before you get on, and then rent another when you get off. And will riders like it more? I doubt it, and doubt the speed upgrade will be to 100 mph.

Lake Express, 30 mph across Lake Michigan

Ferry travel tends to cost less than train or plane travel because water traffic is high volume per trip with few conductors per passenger. At present, there are only two ferryboats traveling across Lake Michigan, between Michigan and Wisconsin, Milwaulkee to Muskegon. They are privately owned, and presumably make money. The faster is the Lake Express, 30 mph. It crosses the lake in 2.5 hours. Passenger tickets cost $52 one way, or $118 for passenger and car. That’s less than the price of an Amtrak ticket or a flight. I think a third boat would make sense and that more lines would be welcome too. Perhaps Grand Haven to Racine or Chicago.

Route of the Lake Express. I’d like to see more like this; St. Joseph to Milwaukee say, and along Lake Erie.

Currently, there are no ferries across Lake Erie. Nor are there any along Lake Erie, or even across Lake St. Clair, or along the Detroit River, Detroit to Toledo or Toledo to Cleveland. These lines would need dock facilities, but they would have ridership, I think. New York’s Staten Island ferry has good ridership, 35,000 riders on a typical day, plus cars and trucks. In charge are roughly 120 engineers, captains and mates, one employee for every 300 passengers or so. By comparison, Amtrak runs 300 trains that carry a total of 87,000 passengers on an average day, mostly on the east coast. These 300 trains are run by 17,100 employees as of fiscal year 2021, one employee for every 4 passengers. Even at the slow speeds of our trains the cost is far higher per passenger and per passenger mile.

The Staten Island ferry is slow, 18.5 mph, but folks don’t seem to mind. The trip takes 20 minutes, about half as long as most people’s trips on Amtrak. There are also private ferry lines in NY, many of these on longer trips. People would take ferries for day-long trips along our rivers, I think. Fast ferries would be nice, 40 mph or more, but I think even slow ferries would have ridership and would make money. A sea cruise is better than a land cruise, especially if you can have a cabin. On the coal-steam powered, Badger, you can rent a state-room to spend the night in comfort. Truckers seem to like that they cover ground during their mandatory rest hours. The advantage is maximized, I think, for ferry trips that take 12 hours or so, 250 to 350 miles. That’s Pittsburgh to Cincinnatti or Chicago to Memphis.

New York’s Staten Island ferry leaves every 15 minutes during rush hour. Three different sizes of boat are used. The largest carry over 5000 passengers and 100 cars and trucks at a crossing.

A low risk way to promote ferry traffic between the US and Canada would be to negotiate bilateral exemption to The Jones Act and its Canadian equivalent. Currently, we allow only US ships with US crews for US travel within the US.* Cabotage it’s called, and it applies to planes as well, with exemptions. Canada has similar laws and exemptions. A sensible agreement would allow in-country and cross-country travel on both Canadian and US ships, with Canadian and/or US crew. In one stoke, ridership would double, and many lines would be profitable.

Politicians of a certain stripe support trains because they look futuristic and allow money to go to friends. Europeans brag of their fast trains, but they all lose money, and Europe had to ban many short hop flights to help their trains compete. Without this, Europeans would fly. There is room to help a friend with a new ferry, but not as much as when you buy land and lay track. We could try to lead in fancy ferries going 40 mph or faster, providing good docks, and some insurance. Investors would take little risk since a ferry route can be moved**. Don’t try that with a train.

In Detroit we have a close up of train mismanagement involving the “People Mover.” It has no ridership to speak of. Our politicians then added “The Q line” to connect to it. People avoid both lines. I think people would use a ferry along the Detroit river, though, St. Claire to Wyandotte, Detroit, Toledo — and to Cleveland or Buffalo. Our lakes and rivers are near-empty superhighways. Let’s use them.

Robert Buxbaum, January 2, 2024. *The US air cabotage act (49 U.S.C. 41703) prohibits the transportation of persons, property, or mail for compensation or hire between points of the U.S. in a foreign civil aircraft. We’ve managed exemptions, though, e.g. for US air traffic with Airbus and Embraer planes. We can do the same with ferries.

** I notice that it was New York’s ferries, and their captains, that rescued the people on Sullenberger’s plane when it went down in the Hudson River — added Jan. 6.

Modern piracy and the gate of tears.

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Piracy is illegal throughout the world, but has become increasingly popular. Over the last 3 weeks, perhaps 15 ships have been attacked by pirates (or privateers) in the narrow entrance to the Red Sea between Yemen, Somalia, and Djibouti, the “Bab el Mandab,” In Arabic, this means “the gate of tears”. Most of the ships attacked are large commercial vessels operating between Europe and Asia. The US destroyer, Carney has been attacked as well. Three of the attacked ships have been boarded, and two have been successfully hijacked, the car-carrier Galaxy Leader was taken to South Yemen, while the MV Ruen a Bulgarian owned dry bulk (grain) ship was brought to Somalia. The last of the hijacked ships, the Strinda, was recaptured by the US and Japanese navy. The other ships were attacked, at a distance, by Iranian ballistic missiles, cruise missiles, and drones, all fired from Yemen. All of these acts are defined as piracy under the UN Charter, Law of the Sea, UNCLOS. The punishment is 10+ years in prison, assuming you catch the pirate.

Bab al Mandab = Gate of tears, where the pirates operate.

All of these ships are European except for the Carney and a Chinese container ship flagged in, Hong Kong. You’d think that the European navies would protect their own ships here, but they do not. Neither did the Chinese navy, though they are stationed in Djibouti. It’s clear that Iran is organizing the attacks, and that they are using a spotter ship to help direct the missiles. My guess is that the European countries don’t want to annoy Iran here, nor do they like to use their $1 million missiles.

In theory, these attacks are in response to the Israel – Gaza war. The hijacked Galaxy Leader was registered in the UK, but owned by an Israeli Jew (see a video of the attack). Another ship that was attacked, the Strinda, was not directly associated with Israel, but was going to go to Israel at some point in the future. While it’s possible that the other attacked ships had Jewish or Israel connection, a simpler explanation is that this is economic terror. Israel-based Zim shipping has elected to avoid the straight and redirect around Africa instead, a much longer route that is sure to damage the shipper and Israel’s economy. I suppose that was an intent, but the damage is spreading.

Commercial vessel attacks in Bab al Mandab, chart from “What the Ship” video blog.

The European shippers have demanded that the US protect their ships, and perhaps Biden will agree. My sense is that Trump would have said no, or at least demand something in return. Personally, I see no reason to defend trade that doesn’t involve us, with no obvious payback. Yesterday, British Petroleum BP announced that it would avoid the Bab. Four major European container freight firms, MSC (Swiss), Maersk (Danish), Hapag-Lloyd (German) and CMA CGM (Italian, French). Currently Maersk supplies our troops, but has threatened to stop unless we defend their whole fleet. I consider this an offensive, a breech of contract. They European press seems to think it’s clever. We used to have a US company that supplied our troops, Landsea intermodal, but Maersk bought them out. Personally, I think it’s time to look for a company that doesn’t play these games.

As of two days ago, the economic damage has been minimal, except to Israel. Only 55 ships had diverted around Africa, or begun to. This is a small fraction of the 2,128 ships that have gone through the Bab since November 15. In the last day or so, European oil prices have started to rise, while ours fell. The thought is that Saudi oil will now flow to the US, not Europe. I think this is the beginning of a serious problem for Europe and that they should defend their own shipping. A few, million dollar missiles are a lot cheaper than the billions of loss to their economies that rerouting will cause. At present, Europe expects us to save them while they do little or nothing. I think we should say no. They think Biden will cave.

Robert Buxbaum, December 19, 2023. I’d like to call out my admiration for the “What the Ship” video blog, and Marine Link.

To make social security fairer, raise the ceiling.

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For most working folks, the majority of your taxes are social security, certainly the majority of your federal taxes. The tax structure of SS is strongly weighted to help the rich. This is a fact that politicians have created and typically hide. Both parties proclaim tax help for the middle class, by instituting income tax changes that barely affect anyone, and really sticking it to the low wage-earner and middle class by a highly recessive SS tax that charges 14.2% off the top for a self-employed person, or 7.1% for an employee, but only to a cut-off of $160,000.

Anyone making more than this pays nothing on the overage, with the result that high earners, on a percent basis, pay essentially 0% tax. The rest of the high eaters income is generally protected by deductions. His car is a work expense, rented from the company, his travel is too. The working plumber benefits from these same deductions, but ends up paying 14.2% because of Social Security, while someone earning $1.6 million ends up paying 1.42% effectively.

People earring more than $1.6 million gain credit for other exemptions. Bill Gates has been buying farm land and claims the depreciation of the land value. Land does not actually depreciate, but you can claim it does because people like him get to fix the tax code (Donald Trump gets the same deduction, BTW on his gold courses). Less rich folks can still deduct the high cost of country club membership, of travel, entertainment, and meetings in exotic places (you can claim some of that too). Because so much of what you pay is Social security, it will come out that, while the executive may pay more in absolute tax, he or she will pay far less as a percentage. Many rich folks claim to find this offensive, but neglect to suggest the most obvious correction raise the ceiling on social security and (ideally) lower the the %.

I strongly suspect that we could bill for social security at 5% and 10% if we raised the ceiling to $2,000,000 per year. I suspect that SS would then be more solvent too. The net result would be drastically fairer.

Robert E. Buxbaum, April 23, 2023

I’d like to expand the Jones act so more ships can do US trade.

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If you visit most any European port city, you’ll see a lot more shipping than in the Midwestern US. In Detroit, where I am, your’ll see an occasional ore boat from Wisconsin, and an occasional tourist cruise, but nothing to compare to German, Belgian, or Turkish ports. The reason for the difference is “The Jones act.”

The port of Istanbul with many ships

The Jones act , also known as “The Merchant Marine Act of 1920”, requires that all ships depositing cargo or people between US ports must be US owned, US built, US captained, US flagged, and at least 70% US manned. This raises costs and reduces options. The result is that few ships can move people or cargo between US cities, and these ships are older and less efficient than you’ll see elsewhere. World wide water traffic costs about 1/8 that of rail traffic per ton-mile, but in the US, the prices are more comparable. The original justification was to make sure the US would always have a merchant marine. The Jones act does that, sort of, but mostly, it just makes goods more expensive and travel more restrictive.

The port of Detroit — we rarely see more than one ship at a time.

Because it does some good, I don’t want to get rid of the Jones act entirely, but I’d like to see US shipping options expanded. Almost any expansion would do, e.g. allowing 50% US manned ships delivering along US rivers, or expanding to allow Canadian built ships or flagged, and ships that are more than 50% US owned, or expanding to any NAFTA vessel that meets safety standards. Any expansion of the number of ships available and would help.

The jones act increase the price of oil transport by a factor of five, about.

Currently, the only exceptions to the Jones act are for emergencies (Trump voided the act during several storms) and for ships that visit a foreign port along the route. This exception is how every cruise ship between California and Hawaii works. They’re all foreign, but they stop in Mexico along the way. Similarly, cruises between Florida and Puerto Rico will stop in Bermuda typically, because the ships are foreign owned. Generally, passengers are not allowed to get off in Puerto Rico, but must sleep on board. This is another aspect of the Maritime act that I’d like to see go away.

Because of the Jones act, there is some US freight-ship building, and a supply of sailors and captains. A new, US ore-ship for the Great Lakes was launched last year, so far it’s been used to carry salt. There is also a US built and operated cruise ship in Hawaii, the “Pride of America,” that makes no stop in Mexico. I’d like to see these numbers expanded, and the suggestions above seem like they’d do more good than harm, lowering prices, and allowing modern container ships plus roll-on-roll-off car transports. Our rivers and lakes are super highways; I’d like to see them used more.

The port of Antwerp – far busier than Detroit.

Another way to expand the Jones act while perhaps increasing the number of US-built and operated ship would be through a deal with Canada so that ships from either country could ply trade on either countries rivers. As things stand, Canada has its own version of the Jones act, called the Coastal Trade Act where Canadian vessels must be used for domestic transport (cabotage) unless no such vessel is available. Maybe we can strike a deal with Canada so that the crew can be Canadian or US, and where built ships in either country are chosen on routes in either country, providing they meet the safety and environmental requirements of both.

Robert Buxbaum, June 14, 2023.

Right to work is a right.

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In 26 states you can work in a unionized industry without joining a union. You can even cross a union strike line if you like. It’s called “right to work.” Michigan allowed it up till last month, but no longer. Immediately following the Democrats’ taking majority of the MI legislature, they voted to make non-union membership illegal. The claim was that those who do not want to be represented by the state-acknowledged union is misguided, or worse.

The argument for making union membership mandatory is presented in the poster at right. It notes that states that banned right to work are richer, with workers getting higher pay and benefits. These include California, New York, NJ, Washington, Alaska,.. See the map below. Although these states, on average have higher yearly wages, they also have higher taxes, higher costs of living, and more high-tech jobs. The cause and effect implied by this poster is erroneous, I think: The claim is that if you are forced to join a union you will be paid more with more benefits. I strongly suspect that the reality is that these states have high wages and high benefits and a lot of people working in safe fields, programming for example. They then force workers to work for one union so they’ll be easier managed, not because they want a strong opposition.

Another thing, even if you could guarantee higher wages by forced union membership, and you could avoid the high taxes and high cost of living that you find in NY and California, no person should be forced to accept representation by a group that they don’t get to choose, or who supports social goals that the worker doesn’t support. I don’t believe this is fair, or moral, but that’s how it is. It’s the law in most every state with a Democrat as governor and where Democrats control the legislature.

Right to work as of last month, before Michigan forced unionism.

Union membership had been declining in Michigan for years, but it took a particular nose dive in 2016 when the unions spent heavily for Clinton while blue collar workers supported Trump. It was 14% or workers before the law changed. Workers claimed that their unions were working against them, and complained about how their dues were spent. It also came out that some of the Michigan union bosses had stolen money from their funds to build fancy private houses — using non-union labor to do it. When the union bosses tried to show their muscle by calling strikes, the strikes accomplished little, or went on for months. The results were two-tier salaries, layoffs, and business failures. The working for the local newspapers teamsters struck, and one newspaper collapsed. The other chose non-union drivers. The teamsters are still on strike, 10 years later. I’d think a worker should be able to leave a union like this.

I’m a fan of unions, but think the worker should be able to choose. I’m a particular fan of craft unions that work to improve the quality of their work along with the quality of their workers lives. This helps everyone. I suspect that unions should not be able to support political parties too. See my thoughts on unions, here.

Michigan has a particularly strong history of crooked union bosses. When Jimmy Hoffa challenged the Teamster bosses over how the retirement fund was spent, he vanished. The union’s bosses seem to have had him killed. The last place where he was seen alive is an Andiamo Restaurant near my home. He was picked up by someone he knew, perhaps his nephew. No one’s talking and his remains were never found. In Michigan you used to be able to choose your union just as you chose your political club and your own lawyer, or you could choose none at all. Nowadays, the law says otherwise. Maybe you don’t like this law. Maybe you don’t like the union boss or how he’s spending. Maybe you’d like to visit with Jimmy Hoffa.

Robert Buxbaum May 19, 2023. Aside from everything else, you have a right to have a state that isn’t high-wage, high-tax, even if you could prove people were happier in such states. Freedom is a good, in and of itself.

Canada’s doctor-assisted suicide killed 10,064 in 2021

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Canada’s healthcare is free to the user. It’s paid for by taxes, and it includes a benefit you can’t get in the US: free, doctor assisted suicide, euthanasia. This is a controversial benefit, forbidden in the Hippocratic oath because it’s close to murder, and includes the strong possibility of misuse of trust. Assistance by a trusted professional can be a bit likes coercion, and that starts to look like murder — especially since the professional often has a financial incentive to see you off.

From Charlie Hebdot (a French, humor magazine): The medical association refuses to participate in euthanasia — Why? People are already dining quite well on their own waiting in the emergency room.

In 2021, according to Statistics Canada, Canada assisted the suicide of 10,064 people, 3.3% of all Canadian deaths. There were about 4,000 more, non-assisted suicides. In Quebec, the Canadian Provence where Medical Assistance in Dying (MAiD) is most popular, 5.1% of deaths result from MAID. The Netherlands has a similar program that results in 4.8% of deaths. In Belgium, it’s 2.3%. These countries’ suicide rates are far higher than in the US, and account for far more deaths, per capita than from guns in the US. My guess is that suicide is common because it is free and professional. It’s called “Dignity in Dying,” in Europe, a title that suggests that old folks who don’t die this way are undignified.

In Canada, about 80% of those who requested MAiD were approved. A lot of the remainder were folks who died or changed their mind before receiving the fatal dose. If you attempt suicide on your own, it’s likely you won’t succeed, and you may not try again. With doctor assisted suicide, you’re sure to succeed (even if you change your mind after you get your lethal shot?)

In Canada you don’t have to be terminally ill to get MAiD, you just have to be in pain, and extreme psychological pain counts. Beginning March 17, 2024, depression will be added as a legitimate reason. According to Canadian TV news, depressives are lining up (read some interviews here). Belgium and Netherlands allows elders to be euthanized for dementia, and children to be euthanized on the recommendation of their parents. France passed similar legislation, but the doctors refused to go along, see cartoon. I applaud the French doctors.

Rodger Foley says he’s being pressured to ask for medical suicide, picture from the NY Post

There have been persistent claims that Canadian doctors and nurses push assisted suicide on poor patients, telling them how much bother they are and how much resources they are using. There has been an outcry in British and American newspapers, e.g. here in the Guardian, and in the NY Post, but not in Canada, so far. Rodger Foley, a patient interviewed by the NY Post, recorded conversations where his doctors and nurses put financial pressure on him. “They asked if I want an assisted death. I don’t. I was told that I would be charged $1,800 per day [for hospital care]. “I have $2 million worth of bills. Nurses here told me that I should end my life.” He claims they went so far as to send a collection agency to further pressure him. In another case, a disabled Canadian veteran asked for a wheelchair ramp, and was told to apply for MAiD.

Even without outside pressure, many people seeking MAiD often cite financial need as part of the reason. A 40 year old writer interviewed by Canadian television said that he can’t work and lives in poverty on a disability payment of just under $1,200 a month. “You know what your life is worth to you. And mine is worthless.”

The center of the argument is the value of a person in a social healthcare state when their economic value is less than the cost of keeping them alive. Here, Sabine Hossenfelder, an excellent physicist, argues that the best thing one could do for global warm and to preserve resources is to have fewer people. Elon Musk says otherwise, but Ms Hossenfelder claims this only shows he is particularly unworthy. There’s a Germanic logic here that gave us forced euthanasia in the 1940s.

I find euthanasia abhorrent, especially when it’s forced on children, the elderly, and depressed folks. I also reject the scary view of global warming, that it is the death of the earth. I’ve argued that a warm earth is good, and that a cold earth is bad. Also, that people are good, that they are the reason for the world, not its misfortune. It seems to me that, if suicide aid must be provided, state-funded hospitals should not provide it. They have a financial incentive to drop non-paying, annoying patients. That seems to be happening in Canada. A patient must be able to trust his or her doctor, and that requires a belief that the doctor’s advice is for his or her good. Unfortunately, Canadian politicians have decided otherwise. I say hurray for the doctors of France for not going along.

Robert Buxbaum, April 25, 2023. The medical profession is shady even when you pay for services, see Elvis Presley’s prescription. There’s always a financial interest. Even based on old data, the US is not a particularly high-murder country if suicide is considered murder.

Abortion and Childbirth in the US vs China

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There are a lot of abortions in China, and not many births. Last year, there were about 9.7 million abortions in the major clinics and almost 12 million live births. That’s about 8.5 live births per 1000 Chinese population and 79.7 abortions per 100 live births. If you include the minor clinics and the abortion pill, it’s likely that there are more abortions than live births in China. It’s the preferred method of birth control. In the US, the ratio of abortions to births has grown but we have only about 1/4 as many abortions as births.

Births and abortions per year in China to 2020, from The Economist, 2023. The biggest change is decreased births, not increased abortions.

The birthrate in China is low and decreasing. China had pushed for one-child families as a cure for overpopulation and a route to a richer China with abortion promoted as a safe, painless way to end an unwanted pregnancy. Billboard ads continue to show happy women who are leading their best life now that they’ve had an abortion. Of course, during the one-child years, if you had that extra baby, the state might take your baby him or her. Condom ads were forbidden, and remain so to this day.

China seems to have succeeded too well. The population has leveled out, and has began to decline this year — likely too fast. Meanwhile the economy has grown by an average of 10% per year for 40 years, so that China is now, likely the second largest economy on the planet, but has such an old population that this is unlikely to continue. One down-side of the heavy reliance on abortion is that it’s produced a severe sex imbalance. The Chinese chose to abort mostly girls. It’s also resulted in an active sex trade. I’ve claimed it will lead to war, famine, or an economic collapse in the next ten years.

Add for a Chinese abortion clinic. See how happy the lady is. Chinese ads have English because it’s cool — it suggests that this clinic serves Americans and British too.

In the US, there were 3,664,000 births in 2022, 12.012 births per 1000 people. That’s 1.5 times the birth rate of China, and a 1% increase from 2020, but significantly below the birthrate of the boomer generation. In the last year, there were 928,000 abortions, see graph below, or 25.3 abortions per 100 live births. Our population is as old as China’s, but the additional children suggests that our society will continue longer.

In America, the case for abortion is that it’s a woman’s right, see ad below. Anti-abortion is presented as slavery and a Republican plot for male domination. Politically, this has been a winning argument for Democrats; helping them win big in elections. They made good on the argument and amended the Michigan constitution to allow abortion till birth with the father having no say. The legal and religious establishment has gone along. They may want some limitations, but there is no consensus on what the limitation should be.

Abortions per year, US, Guttmacher Inst. report, 2022.

It’s been suggested that a good way to lower the abortion rate would be higher taxes to provide more healthcare and child benefits. That may be, though I’m not sure it’s the direct, sure route. China has free healthcare and benefits. I suspect that the preachers should do more personally to deal with the vulnerable. Another thought is to promote is rural living. In the US and China, rural areas have higher birth rates, while the cities have low birth rates and high abortion rates. The highest abortion rate in the US is in Washington DC.

In the US, abortion is presented as a right, and as a Republican anti-woman plot.

My overall sense is that Children are good: Admittedly, they are expensive hobbies, but they are worth it, for the parents, for the nation, and in particular for the child. Children are a beautiful part of life and a beautiful part of any environment, IMHO. They like to grow amid sunshine and fresh air.

Robert Buxbaum, March 14, 2023

Our Jail Minimums are Huge, or non-existent

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The United States has more people in prison, per-capita, than any other developed nation, see graph below. Our rate is double Russia’s, and barely below Cuba’s. About 38% of our prisoners are black. That’s a sign of cultural differences or systemic racism; perhaps both.

A major reason for our high prison rate is our huge minimum sentences. In Michigan, as most states, if you possess a firearm when committing a felony or an attempted felony, two years minimum are added to your sentence. The judge’s only allowed input is to add time, or to drop the felony charge. By law, two years minimum have to be added before (not during) the sentence for the underlying felony. It increases to 5 years minimum if you have a prior conviction, and 10 years if you have two or more prior convictions – on top of whatever the Judge decides for the crime. Typically, for a repeat offender, the judge will sentence zero for the felony, because 10 years is enough. Or he will drop the felony charge. The standard penalty, is either the huge minimum, or zero. About 25% of those in Michigan prison, are serving this minimum. Many others who should have gotten a month, or a year, were let go with nothing to avoid giving the minimum -crazy.

Countries with the highest prison population per 100,000 as of January 2023 (from statistica). No country in Europe makes this chart, Russia included.

These laws are specific to guns. No other deadly weapon is treated this way. A knife assailant serves the sentence for the assault only with adding 2 to 10 years minimum. We could go a long way to reduce the prison population if this add-on were moved or severely shortened. I’d like it shortened to 3 months, and broadened to all deadly weapons.

Minimums serve a purpose, I think, preventing violent felons from going free with a good sob-story. But our minimums too long to prevent crime and now only prevent rehabilitation. After ten years in prison, released felons have no life to return to, and no family. The only life they have is crime. It’s been speculated that our huge minimums make felons more violent. Saint Thomas Moore theorized this in the 1500s: A criminal facing a long prison sentence might as well kill the witnesses and hope to escape.

The Michigan State shooter,who killed 3 last week was a felon whose charge was dropped to avoid sending a mentally unstable black man to prison for 2 years. Anthony McRae, had a history as “a hell-raiser,” and was known to be mentally unstable. He had been shooting his gun outdoors near his home, and upon arrest was in possession of a concealed, loaded gun with no permit. These could be changed as firearm felonies, punished by 2 years minimum, or the Judge could drop the case, leaving McRae with his gun. The judge dropped the case, and returned the gun. McRae went on to kill with it. If the minimum were lower, 3 months say, I believe the judge would have convicted Mr McRae’s to that minimum, and taken his gun.

As it was, the judge was faced with the choice of ordering 2 years or nothing.

Our drug sentencing minimums are too high too, especially for “bad drugs.” These carry a 5 to 10 year minimum sentence with no chance for parole. But “dad drugs” are often the ones black people take: LSD, Crack, Heroin, and Methamphetamine. The drugs white politicians take are treated leniently, e.g. mayor Ford of Toronto, or Hunter Biden. I think we’d do everyone a favor by reducing drug minimums, even for bad drugs; for this, too, 2-3 month minimums should do with the judge having discretion to add.

There should be a maximum sentence too, I think, to stop hanging judges. And there should be rehabilitation, but it’s not clear we can manage that. The unions have opposed work-rehabilitation, calling it slave labor. Leader Dogs for the Blind allow prisoners to train guide dogs; it does wonderfully, but something bigger is needed. Lacking good rehabilitation, the smallest sentence that serves as a deterrent is what we should aim for.

Robert Buxbaum February 22, 2023. The original design of Sing-sing included work-rehabilitation in many crafts. The unions complained, and rehabilitation was stopped. Sentencing is a tough balancing act.