Think Small

Topics at Rolling Doughnut have been serious lately, so I want to shake it up just a bit and do a little fun, personal blogging.

Since it first re-appeared in 2002, I’ve been obsessed with the MINI Cooper. (Do the pictures below give away the outcome of my story?) I almost bought one in ’02 when I was looking for a new car. I wasn’t quite ready to jump in at the time, which turns out to be good since early models had a high risk of problems. I didn’t account for that when I decided against the MINI. The six-week wait for delivery decided it, since I needed a car I could drive off the lot immediately.

In 2007, the cars had improved significantly in build quality. And the six-week wait didn’t matter.

I began looking at car options in early 2006, but never felt compelled to make the leap until I came back to considering the MINI. The ’06 models were nice, but MINI intended to release an updated Cooper for the 2007 model year, the first model developed under BMW leadership. The looming changes convinced me to wait. Okay, being slightly indecisive, it convinced me to wait and wait and wait. And wait. Ask Danielle. In September, I finally placed my order for a Laser Blue 2007 MINI Cooper S. Behold:

I love small cars, but the ability to custom order (almost) the exact car I wanted is the MINI’s biggest selling point. Aside from my dream color – the orange-ish maroon Nightfire Red, which explains its appeal – being an exclusive color¹ to the base Cooper, I picked everything and only what I wanted. I made one minor mistake in not adding Xenon headlights, but that was my mistake, not MINI’s imposition of “any color you want as long as it’s black”. Looking at any other car, I had the choice of Package 1 or… Package 1. (I discount Package 2, even though most car makers splurge and offer that much choice, because Package 2 in every instance includes leather seats. I’m not interested.) I looked at an Altima, since my brother likes his, but if I wanted to add heated seats, it added $7,000 to the car because it upgraded everything to the premium selections. Why? Don’t list that option separately if it is impossible to purchase that option separately. MINI gets this right.

Since I took delivery two weeks ago, I haven’t stopped smiling every time I drive my MINI. I enjoyed my Volkswagens, but I remember how much fun it is to drive a small car. The MINI is the best small car I’ve driven. It’s quick and corners well. It doesn’t have much cargo space, as we learned when we bought a vacuum cleaner, but it makes driving fun again. That’s what I want.

¹ Laser Blue is an exclusive color to the turbo Cooper S. I bought the turbo-powered S for the better throttle response, not the extra horsepower. If the throttle of the Cooper was quicker, the slower 0-60 time would’ve been fine. I’m not racing so I don’t care.

Can we put the inmates back in the asylum?

There is some nuance necessary, I think, but this Frank Rich editorial is pitch perfect on the situation in Pakistan and how it too closely mirrors the United States. There’s too much goodness to excerpt any particular part as the key. However, I like this:

To believe that this corruption will simply evaporate when the Bush presidency is done is to underestimate the permanent erosion inflicted over the past six years. What was once shocking and unacceptable in America has now been internalized as the new normal.

This is most apparent in the Republican presidential race, where most of the candidates seem to be running for dictator and make no apologies for it. They’re falling over each other to expand Gitmo, see who can promise the most torture and abridge the largest number of constitutional rights. The front-runner, Rudy Giuliani, boasts a proven record in extralegal executive power grabs, Musharraf-style: After 9/11 he tried to mount a coup, floating the idea that he stay on as mayor in defiance of New York’s term-limits law.

This is exactly why I will not vote Republican in 2008, even though I’m ready to not vote Democrat. As detestable as I find the possibility of President Hillary Clinton, she has the polarizing chance to cause Americans to vote for gridlock in 2010. President Guiliani would laugh at gridlock, as if it mattered one iota to his ability to do whatever he pleases. He wouldn’t even raise himself to Bush’s level and pretend that he cares about the Constitution. No thanks.

Link via John Cole.

Simple Arithmetic Without the Economics

Writing on the implications of the proposed Sirius-XM merger, Marc Fisher engages in a discussion of competition based on dubious assumptions. Consider:

Think about it: Can you name one example of a new consumer technology that was guaranteed to a single provider and still served customers well? (Don’t everyone say “cable TV” at once.)

Fair enough on the surface, but how is it economically any more sane to guarantee two and only two competitors in a new consumer technology, as the FCC did? How might the market have shaped up had the federal government not impeded the natural development of satellite radio? We’ll never know, of course, but that isn’t sufficient to say we’ve achieved the optimal market condition. Only the central planner is so presumptuous as to assume such nonsense.

[Sirius CEO Mel] Karmazin, who would be chief executive of the combined satellite provider and is leading the charge for a merger, counters that listeners would benefit by getting the best of both services without having to pay for two subscriptions. To bolster that claim, the companies propose a menu of pricing options: Subscribers could keep their current service at the same price they pay now; add the “best of” the other service for an extra $4 a month; or choose to get fewer channels at a lower price. But while the companies tout these choices as the a la carte offering that cable TV has never consented to, the fact remains that if you want more channels under a combined XM-Sirius operation, you will have to pay more.

I think that last argument is supposed to be a zinger. If you want more, you must pay more. Holy Batman, the injustice! It’s good to clear that up, since under the current dictate from the FCC, if I want more channels, I have to pay… more? Oh, wait.

The danger in offering packages with fewer channels is the same risk cable TV companies have warned against for years: If consumers can pick and choose channels, that undermines the whole business, because inevitably, the bulk of the audience will spend most of their time listening to a relative handful of channels. Less popular channels, now subsidized by a flat subscription fee, would wither away.

We must have competition, except when it interferes with anyone’s preference for what should be offered.

How long would more obscure, low-rated satellite programming such as Sirius’s Underground Garage rock or NPR Talk channels or XM’s Cinemagic movie music or choral classical outlets survive in a monopoly, a la carte system? And if the range of programming narrows, what is satellite offering that AM and FM do not?

And if a merged Sirius-XM stopped offering content compelling enough to “force” people to pay, wouldn’t the departure of subscribers to free radio be a fairly important incentive to offer more content? How does this competition thing work again?

Virtually anyone can start an Internet radio station these days [ed. note: if you can afford the exorbitant royalty fees for a format that generates little revenue.] and play an intriguing mix of music. But only XM and Sirius — and National Public Radio, perhaps — have the resources to produce a great range of creative, professionally produced programming: Bob Dylan’s explorations in music and storytelling on XM; original radio dramas; XM’s Artist Confidential series of sessions with big-name performers; and specialized programs for truckers, gays, Latinos, NASCAR fans, Broadway lovers, opera buffs, movie-music mavens, presidential campaign addicts and on and on.

That programming diversity is what justifies giving XM and Sirius a chunk of the government-licensed radio spectrum. …

No, the central planner’s belief that such programming diversity is the correct mix for customers, whether customers want it in sufficient quantity to justify its cost, is the excuse offered to perpetuate a two – and only two – competitor market. This, despite the evidence cited earlier in the essay that most subscribers to either service listen to a small subset of the offered channels.

… Reducing the two services to a satellite monopoly will inevitably bring about a diminution of choices, along with higher prices. …

This is a blanket statement unsupported by the case made in the essay. Prices only rise if the subscriber wants more content. I know I’m supposed to be outraged by that, but I’m not. And if the merged company dumps the niche programming he likes, he cancels his subscription. That’s a useful signal to the company. If it happens enough, imagine how the company might respond with some combination of more content and lower prices. But that only occurs if there are two – and only two – competitors. Because that’s the free market.

… At XM’s Washington headquarters, the number of producers and DJs would decline, meaning more formulaic programming — if XM even remained here. How long would Karmazin keep production facilities in both the District and New York, where Sirius is based?

An individual how lives in Butte and wants to hear both Howard Stern and her beloved Pittsburgh Pirates should care about the employment prospects of producers and DJs in the Washington, DC area, why? Based on what Sirius and XM have said, she could get both for less money than she would have to pay now, but only if the companies merge. How is she harmed?

Aside from the gain I’d likely receive as a Sirius investor and the definitive gain I’d receive if my Sirius subscription included Major League Baseball, this merger should occur because the government has no legitimate basis to be involved, much less deny a free market outcome based on some subjective criteria of consumer benefit.

War is Peace. Freedom is Slavery. Ignorance is Strength.

In response to a brief update by Andrew Sullivan on the Oregon circumcision case (correctly titled “Genital Mutilation Update”), a website called discarded lies tracks back to Mr. Sullivan’s entry with only a link. Obviously that earns a “So what?” but reader “V the K” offers something interesting in the comments, allegedly in defense of parents:

It’s because we’ve created a whole society of busy-bodies. We’ve empowered every Mrs. Kravitz in the world to impose her views on everybody else instead of respecting individual choices.

Allowing an individual child to choose for himself is not “respecting individual choices”? Allowing parents to impose their views onto the body of their child sons is an “individual choice”? Like too many, “V the K” has a very poor understanding of individual and choice.

Just for fun, Gladys Kravitz is an interesting pop culture reference. On Bewitched, she actually saw the strange behavior she claimed. Nobody believed her, but she was always correct. That sounds like a perfect example of what occurs with individuals like me pointing out the violation of routine/ritual infant circumcision. Unintended by “V the K”, I’m sure, but still accurate.

Oregon already denies parents the “right” to circumcise.

It’s shameful how easy it is to demonstrate that the law is wrong, biased, and in dire need of repair. Oregon’s current law on the limit to parental rights over daughters:

Be It Enacted by the People of the State of Oregon:

    SECTION 1. (1) A person commits the crime of female genital mutilation if the person:
    (a) Knowingly circumcises, excises or infibulates the whole or any part of the labia majora, labia minora or clitoris of a child; or
    (b) Is the parent, guardian or other person legally responsible for the care or custody of a child and knowingly allows the circumcision, excision or infibulation of the whole or any part of the child’s labia majora, labia minora or clitoris.
    (2) Female genital mutilation is a Class B felony.
    (3)(a) A person who circumcises, excises or infibulates the whole or any part of a child’s labia majora, labia minora or clitoris does not violate subsection (1) of this section if:
    (A) The person is a physician, licensed to practice in this state; and
    (B) The surgery is medically necessary for the physical well-being of the child.
    (b) In determining medical necessity for purposes of paragraph (a)(B) of this subsection, a person may not consider the effect on the child of the child’s belief that the surgery is required as a matter of custom or ritual.

    SECTION 2. …

Parents do not have the right to make this non-medical decision for their daughters. No one will claim that this law denies parents a right to make medical decisions based on actual need, or to raise their daughters in their religion. We do not care because we know this is the only correct position. It is ethically inconsistent with liberty to allow parents to cut their child’s healthy genitals before the child can consent. It is a larger indictment against our humanity that we see a valid gender distinction.

Still, we fall back on tradition and ignore that boys deserve the same protection of their rights. That must stop. This is a constitutional issue. Any belief otherwise by the Oregon Supreme Court is willful ignorance¹.

¹ The same applies to the United States Supreme Court. Oregon’s text is virtually identical to the Female Genital Mutilation Act (pdf) passed by Congress and signed by President Clinton.

News from the Oregon Supreme Court hearing.

I remain pessimistic about the circumcision case in Oregon. I still hold out hope that the judges will put the boy’s circumcision on hold until he reaches turns 18, a compromise a court reached last year in Illinois. It would be an important step, but that’s the ceiling of my expectations. News reports from the hearing don’t help, although I understand that judges will pursue contrary positions to discover facts and analyze ideas:

A county judge dismissed Mrs. Boldt’s challenge, but blocked the circumcision from taking place until all appeals were exhausted. The mother’s attorney, Clayton Patrick, told the court that the circumcision posed “an unreasonable and unnecessarily high risk to the child.” Mr. Patrick was quickly challenged by Judge W. Michael Gillette, who asked whether courts should step in when a divorced couple disagrees about whether a child should play football.

“More people get hurt playing football than from having a circumcision and a lot more seriously,” Judge Gillette said. He said family court disputes over going out for football were a “necessary consequence” of the mother’s position. “That’s preposterous. I hope you recognize that cannot work,” the judge said.

By conventional thinking, yes, football causes more injuries. But circumcision is physical harm when acknowledging the facts. It is the non-medically necessary surgical removal of healthy, functioning genital tissue. By any definition, that is harm.

However, accepting the judge’s far-too-typical view, football injuries don’t always leave scars, but circumcision leaves at least a scar in 100% of cases. Just as useful to understand, the child hasn’t consented to being circumcised, unlike the child who gets hurt playing football that he presumably consents to playing.

This is about liberty. Judge Gillette’s concern is not the outcome if his questioning pursued the correct constitutional issue rather than the irrelevant family law issue. Playing football and surgically removing healthy portions of a child are hardly comparable. Remember, also, that only male children are legally subjected to this parental decision, which should be the screaming indicator that this is a constitutional issue of the child’s individual rights rather than a squabble over parental “rights”. Hacking at your child’s healthy genitals is not a right.

“The child’s wishes, while of course they should be considered, are not legally decisive or, legally speaking, relevant,” Mr. Boldt, who is a lawyer and has represented himself in the legal proceedings, said. Judges speculated about whether custodial parents had the right to impose genital mutilation or a nose job “on children whose faces are just fine.” “Are there no limits?” one judge asked.

When Mr. Boldt said he thought a custodial parent could do anything that wasn’t illegal to a child, Judge Rives Kistler replied, “That seems a real broad claim. What if they wanted to have tattoos put on the child’s face?”

Mr. Boldt said some actions might be so outrageous that they called into question a person’s fitness as a parent. A tattoo on a child’s shoulder that says “Mom” would be a different matter than “a swastika on the forehead,” he said.

Mr. Boldt’s moral relativism is obvious, but unfortunately, it’s not surprising given how willing people are to engage in moral relativism when it comes to male circumcision. It’s useful to bring it into the debate, if only the court wisely smacks it down in favor of gender-neutral individual rights.

Mr. Boldt insisted that the court should not single out circumcision for greater scrutiny than other parenting choices. “There’s no principled, intellectually defensible, legally supportable reason to extract that one category,” he said.

How did Mr. Boldt pass any state’s bar exam?

To demonstrate more reason for pessimism, those on the correct side of liberty and facts aren’t helping.

“We’re not talking about an infant circumcision here,” said Clayton Patrick.

Remember, Mr. Patrick is Lisa Boldt’s attorney. When does Mr. Patrick believe the individual right to remain free from unnecessary genital surgery at the whim of another begin? With friends like these…

And now the core claim that I hear too often:

The parents dispute whether the boy wants to be circumcised. The trial judge did not interview the child or appoint an attorney to represent him.

But James Boldt said that legally it doesn’t matter what the boy wants. Custodial parents get to make medical decisions for their children, he said.

The law is wrong because it treats children like parental property. Circumcision is not a medical decision when it is not medically indicated (i.e. routine and/or ritual circumcision). That’s what the court needs to acknowledge.

Book Meme

I don’t normally partake in the meme-du-jour running around the Internets, but I like this book meme picked up from Positive Liberty and Freespace. The rules:

  1. Bold what you have read
  2. Italicise what you started but couldn’t finish

(The original meme list is longer, but I’ve read so few of those to bother with the full list. I’m keeping only those I have a reason to mention, which will probably give the impression that I don’t read. I do, but I favor spy novels set in WWII when I read fiction.)

Crime and Punishment

I own an old copy of this that belonged to my grandfather. I’ll read it one day.

Catch-22

I haven’t read this, but I feel like I should. So far, “should” isn’t a compelling reason.

A Tale of Two Cities

Great Expectations

A Heartbreaking Work of Staggering Genius

I have this book, but I’ll probably never read it.

Atlas Shrugged

I’m reading The Fountainhead now. This is high on the list of what I’m considering after The Fountainhead

Brave New World

Finally, a classic I’ve read. I love this book. It was my first introduction to the idea that maybe government isn’t perfect. I wrote my senior term paper comparing this and After Many a Summer Dies the Swan. My teacher wasn’t confident I could pull it off, but she okayed the idea. I earned a B+, but only because the footnotes were so badly formatted. (This was back in the old days, when kids used pens to write.) She told me I would’ve earned an A.

The Fountainhead

As I mentioned, I’m currently reading this. I’ve been slow in parts of my libertarian development. For what it’s worth, I’m enjoying this tremenously. And I’m wondering if I could play Roark if a remake appears.

The Grapes of Wrath

1984

I read this for the first time last year. Excellent. Justifiably called a classic.

The Amazing Adventures of Kavalier and Clay

My favorite novel. I can’t say enough good things about it. With a WWII setting and excellent writing, it’s money. Highly recommended.

The Curious Incident of the Dog in the Night-time

The Sound and the Fury

I tried to read this. Made it through approximately 40 pages. One long streaming mess. Supposedly it gets better after the first 70 pages or so, but I have no interest in returning to it to find out. Seriously, I want that part of my life back.

Slaughterhouse-five

I named my website after a reference in this book. I’ve read it several times. I even enjoyed the movie.

The Scarlet Letter

The Catcher in the Rye

Twice, and both times I enjoyed it. When I read it in high school, I couldn’t read it for English class until I had my mother’s written permission.

On the Road

In Cold Blood : A True Account of a Multiple Murder and Its Consequences

I read this in one day. I enjoyed it well enough, but the book report due the next day caused the one-sitting effort.

There are books not on this list that should be, given some of the choices offered. A classic like The Great Gatsby, which I liked well enough, or a more recent novel like The Crimson Petal and the White, which I loved.

Circumcision: The Ongoing Class War

From a Time article on circumcision:

Medicaid no longer covers the surgery routinely, leaving many poor children without the option.

Poor (and rich) children, when left with the option, choose to do nothing to their foreskin. The author meant to imply that poor parents are less likely to have it done because they can’t afford it. But it is not legitimately their choice.

The article quotes pro-circumcision propagandist Dr. Edgar Schoen¹ on a separate, no less stupid point beyond the scope of this entry. Still, Schoen is a useful figure in the quote from above. He put these nuggets into the circumcision debate, from his book² Ed Schoen, MD on Circumcision:

Since the anti-circumcision groups have been unsuccessful in decreasing circumcision among the general public in the U.S. they have turned their frustration and desperation into an attack on the most vulnerable and defenseless part of the population – poor children. Parents on welfare have no political or economic power, and are at the mercy of State bureaucracies and legislatures for decisions on the medical care of their children. …

Schoen is either intellectually incompetent or intellectually dishonest. He’s graduated from medical school, so he’s clearly not stupid. And he’s been involved in this debate long enough to have encountered more than enough opponents of routine infant circumcision to know that the economic class of the child’s parents is irrelevant. (It is not irrelevant to Schoen, as he’ll demonstrate in a moment in one of his many nods to non-medical excuses.)

Regarding his second statement, children – regardless of economic class – have no political or economic power, and are at the mercy of their parents and medical professionals for decisions on their medical care. That demands that we act conservatively on their behalf. Yet Schoen doesn’t advocate such reservation. Instead, he attempts to score cheap sympathy through blatant mischaracterization.

Some have spoken out against this disregard of the wishes of poor parents. An editorial in the St. Petersburg Times criticized Florida legislators who “never stop boasting about an agenda they say promotes families and “more personal freedom.” Then they halt Medicaid coverage for newborn circumcision – a surgical procedure that the nation’s most respected medical professionals say should be a decision left to families and their doctors.” In quoting one state legislator who said that halting funding for circumcision was a “no-brainer” the editorial went on to say: “This is a terrible message – that poor people don’t deserve the right to make a medical, cultural, and religious choice that is available to everyone else.” So much for the claim of the anti-circumcision groups that they are out to protect the rights of the child.

Letting parents remove their son’s healthy foreskin promotes more personal freedom. For whom, the parents and their non-existent “right” to circumcise or children and their valid right to remain free from harm? And note the quoted editorial’s opinion that denying state funding is “denying the right” to circumcise. I admit I seek to deny this “right”, but I can only pray it gets that easy some day. Refusing to finance circumcision is not the same as prohibiting circumcision.

Also note Schoen’s dishonesty in his last sentence. The child has a “right” to be circumcised. I’ve witnessed more intelligent taunts on an elementary schoolyard, but this nonsense appears every so often under the belief that parents are denying the boy the chance to grow up circumcised, with all the subjective benefits. Frankly, I think this is idiocy because anecdotal evidence that intact men almost never choose circumcision supports the principle the every individual should be free from harm. The right to grow up with the healthy body you’re born with is easily defended. The alleged right to grow up with less of the healthy body you’re born with is not, absent parental psychic powers.

With the great majority of mainstream, middle class boys in the U.S. being circumcised, an uncircumcised [sic] boy in this country is marked as either an immigrant, a son of recent immigrants or a child of poverty (with the exception of a few middle class followers of the anti-circ movement). To cope with this social disadvantage of the foreskin, some poor parents, sadly and courageously, have scraped together enough money to pay for newborn circumcision from their meager assets, in order to giver their sons the appearance of mainstream American boys. The cost of newborn circumcision for middle class boys is covered by health insurance but in 13 states poor parents will have to raise the money themselves if they want their sons circumcised.

Of course, the locker room teasing theory. It’s “American” to circumcise, except for the few middle-class followers who reject circumcision. The “appearance of mainstream American boys” is a goal worth pursuing, so much that poor families should spend their meager assets on medically unnecessary surgery for a child who can’t consent. I can see the advertising now: “Can’t afford a BMW? Don’t worry, your kid’s circumcised penis can show that you’re upwardly mobile!” The mind reels at such stupidity.

But look past the supposedly distasteful class warfare he so readily uses to bludgeon infant circumcision opponents, he undermines his arguments by admitting that poor parents can and do circumcise their children, in spite of not having government funding. The debate becomes a legal/political/economic issue. He’s moved beyond medical facts – those he acknowledges – yet is unencumbered by the absurdity of the doctor as sage mentality. He thinks parents should choose, but there is only one correct choice. He’d be more honest if he advocated for mandatory circumcision of all infant males.

The anti-circumcision groups have argued unsuccessfully that by agreeing to have their newborn sons circumcised, parents are robbing the infants of their human rights. In a brazen example of hypocrisy apparently they feel that newborns should have the right to choose or refuse circumcision, but not poor people. The opponents of circumcision have met with some success in punishing the weak and helpless, but have had no effect on the general American public.

I didn’t understand it when I first read Schoen’s book, and I don’t understand it now. How are opponents of infant circumcision hypocritical? Schoen inserted class into the discussion.

This “infant circumcision opponents hate poor people” canard is a classic straw man, but it’s so pathetically transparent that even a moment’s thought destroys it all. Yet, he’s quoted as an expert in Time magazine and anyone who believes children should keep their choice when surgery isn’t medically necessary must defend the normal against the common, as if we’ve lost our minds and might come back to the “reasonable” view that parents have a right to surgically alter their healthy children if we’re humored long enough.

¹ I will not link to his website, where, like he does in his books, he selectively omits any information damaging to his maniacal pursuit to have all boys circumcised.

² Schoen, MD, Ed. Ed Schoen, MD on Circumcision. Berkeley: RDR Books, 2005, pp. 82-84.

If tradition and parental preference mean more, the Constitution means nothing.

The Oregon Supreme Court is now hearing the case where the (custodial) father wants his 12-year-old son circumcised as part of conversion to Judaism against the wishes of the (non-custodial) mother and, possibly, the wishes of the boy. I wrote about it previously, although there are many issues to consider beyond what was in that entry. NPR’s Day to Day recapped the story in a concise 4:32 (Real Player audio here). I recommend it to anyone interested in principles of self-ownership.

Here are my thoughts on the report, for anyone interested. If the boy wants to convert as the father contends, I have no specific qualms with him choosing circumcision for himself, beyond some basic expectation that he is competent to understand the permanent ramification. Self-ownership is the issue here.

Contrary to the implication early in the report, opposition to circumcision is not synonymous with anti-Semitism or a desire to oppress Jews. I do not care if someone chooses to have himself circumcised, for a religious reason or for no reason. I oppose medically unnecessary genital cutting on a non-consenting individual. Although routine infant circumcision dominates the discussion in America, I am opposed to medically unnecessary genital cutting on a non-consenting individual whether the individual is male or female, child or senior citizen. Proxy consent is reasonable only when a) immediate medical need exists and b) the patient is not legally competent to make the decision. But when a) is absent, b) is irrelevant. Until a) is satisfied, proxy consent is invalid and can’t justify the permanent removal of healthy, functioning genital tissue.

I think the law professor quoted at the end of the report is correct in assuming the case will be decided on family law rather than Constitutional law. The “right” of the parent will trump the right of the boy, regardless of which parent prevails. If that happens, it will be wrong.

From the Female Genital Mutilation Act (pdf):

“In applying subsection (b)(1), no account shall be taken of the effect on the person on whom the operation is to be performed of any belief on the part of that or any other person that the operation is required as a matter of custom or ritual.”

How does family law trump extending that protection to a gender-neutral guarantee (i.e. Constitutional) of the same rights to male minors in the United States?