A Climate Trial Legal Outcome

…is in the offing.  The piece by John O’Sullivan in Principia Scientific International is a bit optimistic, but the outcome is legitimately expected under Canadian law.  The offing-ed outcome concerns Penn State pseudo-scientist Michael Mann and his slander lawsuit against Canadian climatologist Dr Tim Ball in a British Columbia court.

It turns out that there are two legal factors of interest here.  One is that Canadian courts always grant adjournments before a trial in their belief that an out of court settlement is preferable, and Mann had moved for such an adjournment of the lawsuit’s trial that was scheduled to months ago on 20 Feb.  Ball agreed (of course), but he was able to get conditions imposed on that adjournment, one of which was that Mann would produce the data underlying his suit in court by 20 Feb.

Now (4 Jul) Mann has refused to provide the data.  That’s important scientifically because Ball had said Mann belongs in the state pen, not Penn State, and Ball produced this figure to illustrate why.

Notice that Mann’s graph disappears both the Medieval Warm Period and the following Little Ice Age, but it does draw in a pronounced uptick in the late 20th century, resulting in Mann’s infamous “hockey stick” representation. Below that, Ball’s graph, using more reliable and widely available public data—as opposed to “data” that Mann refused to produce in open court or anywhere else, shows the MWP (and the fact that it was warmer than today), the LIA, and that today’s temperature is well within the noisy variation of those prior 1,100 years.

The other legal factor, the larger one, is that this sort of contempt, this refusal to produce the data underlying a slander claim, is taken by Canadian courts as dispositive: the refused-to-produce data are taken ipso facto as false and so the slander claim itself is false.

[U]nder Canada’s unique “Truth Defense,” Mann is now proven to have willfully hidden his data, so the court may rule he hid it because it is fake. As such, the court must then dismiss Mann’s entire libel suit with costs awarded to Ball and his team.

This outcome, if the judge follows through as anticipated, will have tangential implications for Mann’s similar lawsuit against Mark Steyn in the DC Federal trial court.  There, the court had ruled that Mann could withhold the underlying data because they are his intellectual property.  The BC court ruling, based on Mann’s contempt of court, will be of interest in the US courts and may have some influence.

The influence will be tangential, though, for a couple of reasons.  One is that foreign court rulings have little influence on domestic courts: the logic in them might be useful to understand, but they do not direct an outcome.

The other reason is that the DC trial court erred in its ruling regarding the proprietary nature of Mann’s research results.  That research was funded by the Federal government through grants to Penn State.  What the US taxpayer pays for in the way of government funding for research or development or both, however, belongs to the Federal government, including the results of that research or development.  Only the processes used in the research or development can be proprietary.  Data aren’t proprietary.

There’s one other consideration regarding the PSI piece.  O’Sullivan is taking the (anticipated) ruling as blowing up Mann’s research and with it all of the research underlying claims of human-impacted global warming.  That’s a bit overwrought.  Court rulings are legal matters; they’re not scientific findings.  The (anticipated) ruling will blow up Mann’s reputation as a climate scientist, and little else.

Food Stamps and Work

Now that the Obama administration’s waiver of work requirements for families without dependent children in order to be eligible to obtain food stamps has been rescinded, the vast numbers of recipients are being greatly reduced.  Alabama, for instance, this year resumed the work or work training requirement in a pilot program involving 13 of its counties and has seen its food stamp enrollment fall by 85%.  Georgia is running a similar program, and it’s seen a 58% drop.

It’s all well and good that the work/work training requirement has moved people off the food stamp rolls, but the flip side of that is what happens to those that are: are they actually working or training, or are they just shoved off the rolls, still unemployed, now deeper in poverty?  The Maine results give an indication.

An analysis of a group of 7,000 Mainers who left SNAP in 2014 found their total earnings increased from $3.85 million in the third quarter 2014 to $8.24 million in the last quarter of 2015.

That’s more than a doubling in earnings in just over a year.  These folks, clearly, are getting work; they haven’t just been shoved over a cliff.

Kansas is getting similar results.

…60% of former beneficiaries found employment within 12 months and their incomes rose by an average of 127% per year….

Hmm….

Russia and the PRC Propose

Recall that northern Korea has just tested a missile it’s representing as an intercontinental range missile (and the missile’s flight profile suggests that it can reach Anchorage).  Northern Korea also has a potful of shorter-range missiles that easily can hit the Republic of Korea and Japan and most of our bases in the Western Pacific, including in those nations.  Russia and the People’s Republic of China have a proposal to resolve the matter.

[T]he Chinese and Russian foreign ministries proposed that North Korea declare a moratorium on nuclear and missile tests while the United States and South Korea refrain from large-scale joint military exercises.

This is just cynical.  In return for the US and the Republic of Korea stopping training to defend ourselves against attack, northern Korea would be allowed to retain, intact, its nuclear weapons facilities.

Sure.

Bank Bailout, Italian Style

Italy has nationalized Monte dei Paschi di Siena, a major bank that otherwise would have gone into bankruptcy. In the process, the bank’s €26.8 billion ($32.5 billion) “nonperforming loans” will be “disposed of,” and the Italian government taxpayers will feed the bank €5.4 billion and get a 70% stake in the failing bank.

Under the bad loan disposal plan, €26.1 billion will be bundled and sold at 21% of gross book value, the vast majority to the government-organized Atlante II fund, while the bank retains 5%.

This is the third time Monte dei Paschi had gotten capital injections, and for some reason, the men of the Italian government thinks this third time will be the charm.  Of course, that’s an easy choice for them to make; it’s not their money being used in this risk.  It’s the Italian taxpayers’ money being cavalierly gambled.

No, instead the bank’s creditors and other investors should be the only ones on the hook; they’re the ones whose money is at stake, and they’re the ones whose management oversight was…absent.

The New Protectionism?

A deep cultural divide between the US and Europe in their approaches to Silicon Valley has thrust European officials into the role of global tech-industry cops.

Notice that.  The EU is looking to dictate to the world how other nations’ businesses must conduct themselves, whether in Europe or not.  This “thrust” is an economic matter, too, so the question arises concerning just how much culture actually plays—or is it an economic matter.  And since the economics of the thing is aimed at protecting EU companies, the underlying question comes clear: is the EU protecting against unfair practices, or is it just protecting its domestic businesses from competition, a competition EU companies lose because they can’t keep up—especially under the costs inflicted by, for instance, the EU’s own labor laws?

And this:

Just Friday, Germany approved new legislation imposing €50 million fines on social-media companies that fail to quickly remove hate speech and terrorist content—over strident opposition from and other tech companies, which advocate self-regulation to tackle those problems. That step followed the €2.42 billion ($2.76 billion) fine that the European Union’s executive arm levied this week against Alphabet Inc’s Google for abusing its dominance as a search engine.

The concept of “free” speech is dragged in through the EU’s and now Germany’s imposed limitations on that, which have economic opportunity implications far beyond the mere freedom question raised in that post.

The Republic of Korea is considering using this sort of thing nakedly for protectionism.

South Korea’s antitrust chief told the Yonhap News Agency he will examine how to curb the market clout of Google and Facebook.

No fair.  Those guys are competing too successfully.

My thought isn’t new.  Ex-President Barack Obama (D)

said the EU’s investigations into big US tech companies were “more commercially driven than anything else,” suggesting the EU was trying to help out European competitors.

It’s just becoming more obvious.