Tag Archives: regulation

Due Process and Colleges/Universities

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Recall the Department of Education’s 2011 egregious and cynically biased Dear Colleague Letter and its attack on due process and equal protection under law.  Things are being restored to legitimacy under the  Betsy DeVos DoEd via interim guidance just issued.

Colleges can now apply a higher standard of proof when determining guilt in sexual misconduct cases and must offer equal opportunity for the accused and accuser to have legal advisers participate in their hearings, according to interim recommendations issued by the US Department of Education on Friday.

Because

The Education Department on Friday formally rescinded guidelines issued by the Obama administration in 2011 and 2014….

There is one item to be cleared up; hopefully it will be when formal, final guidance is issued by DoEd.

Schools now have the discretion to apply either the “preponderance of the evidence” standard, or the higher “clear and convincing evidence” standard….

The criminal standard, preponderance of the evidence, must be the only standard allowed.  And the accusation must be investigated by the police, not by ad hoc amateurish kangaroo courts and pseudo-investigators of school faculty or staff.  A victim of sexual misconduct is not helped in the slightest by a jumped up school tribunal bent on social justice rather than justice.

The PRC and Bitcoin

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The behavior of the People’s Republic of China regarding bitcoin has purpose far beyond controlling bitcoin.  As background, The Wall Street Journal had this assessment of the PRC’s financial industry:

China has digitized its financial sector faster than any other nation.

The reason for their rapid pace is this according to Li Lihui, a spokesman for the National Internet Finance Association of China, and it has nothing at all to do with a sovereign nation’s legitimate desire to control its own currency and money supply:

A goal of China’s monetary regulation is to ensure that “the source and destination of every piece of money can be tracked[.]”

That end-to-end tracking, to the extent it can be done, guarantees that the PRC will know who is spending and for what.

And that means that the PRC, a nation that rules by “law” (rather than operates under rule of law) and that brooks no dissent from the pronouncements of the Communist Party of China, can control whether any given individual or organization will be permitted to spend for any particular purpose—or even whether that person or individual will be allowed access to his money at all.

Medicare for All

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Senator Bernie Sanders (I, VT) is beating that drum, again, and has support from some Progressive-Democratic Party Senators.

The health proposal, dubbed Medicare for all, would offer the same suite of medical benefits required for some insurance plans under the Affordable Care Act and eliminate most out-of-pocket costs. Mr Sanders argues that although taxes would likely rise to support the new system, families would save money by no longer needing to purchase health coverage. The government, he says, could also secure lower prices for medical services.

Of course it has the same stuff as Obamacare—it’s the planned evolution of Obamacare into a Federally mandated single-payer system.  Because Government Knows Better, especially one run by Progressive-Democrats and their Social Democrat crony.

“Taxes would likely rise”—yewbetcha, to the tune of an additional $24,000 per family.  Whether we want that “benefit” or not.  Families can save money by not having actually to purchase coverage?  That’s rich: what do these guys think those 24 stacks are, if not coverage purchase costs inflicted on us whether we want or need coverage or not?  Aside from that, lots of folks, my family included, don’t use health care services very much; we don’t need coverage against costs we don’t incur.  That’s for one geezer family.  Those 24 stacks represent no net savings for us at all.  The young families also are healthy, don’t use health care services very much, and so have no need of health coverage.  And as they’re just starting their lives, they don’t have those 24 stacks to begin with.

Government can get lower prices?  That’s, um, rich.  Just like it (doesn’t) get lower prices on so many other “services” it provides, what with requiring contractors to pay prevailing union labor wages, whether the contractors employ union workers or not.

[P]rivate insurers wouldn’t be permitted to compete with the government plan for basic coverage….

This, I suppose, is one way in which Sanders’ government would get lower prices—competition raises prices, after all, in his and his Progressive-Democrat cronies’ fetid imaginations.

The 96-page bill offers no mechanisms to pay for the plan….

Of course not.  Money grows on trees.  Or, as I speculate Sanders will tout in his promised for “tomorrow” white paper on funding, money is in the bottomless wallets of the rich.

State’s Obligations

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These are the flip side of the 10th Amendment States Rights mantra that State government personnel are starting to tout.  And that makes State governors’ and legislators’ objections to the Trump administration’s moves to clip the intrusive wings regarding investment advice to retail investors and who should be permitted/required to give it a bit ridiculous.

[T]he Obama Labor Department’s fiduciary rule requires brokers to act in the best interests of retirement savers rather than sell products that are merely suitable and potentially more lucrative for the brokers.

Never mind that this would tacitly limit a retail investor’s investment options, limiting him to too-conservative alternatives, and price many out of the investment advice market.  Big Brother knows better.

Individual States are fully capable of enacting their own fiduciary rules, as Nevada and Connecticut have done, for better or worse for their citizens, and as New York, New Jersey, Massachusetts, and California are considering doing, as is their right, and obligation to the extent they seriously see such a thing as a public good and not just a shower look good, under the 10th Amendment.

I think such overregulation is idiotic, as well as insulting to American citizens.  We don’t need Government looking over our shoulder or telling us what to do and not to do in every aspect of our lives.  But let’s find out.

Patchwork regulation if the States are left to their own devices?  So what?  Let the 50 laboratories of democracy try out their various ideas.  We Americans can vote with our dollars as well as our feet regarding which experiments work and which don’t.

Republicans and Obamacare

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Too many now are begging for surrender on repeal and replace.

[F]ew congressional Republicans have signaled they are ready to let the health-care market deteriorate while their constituents are still battling higher premiums and fewer insurers to choose from on the individual marketplace.

This means those Republicans are signaling that they don’t have the stomach to repeal Obamacare at all, which would be the ultimate deterioration of it.

This is a betrayal of their constituents along two dimensions: the cynical destruction of their promise to repeal and replace, and their decision to continue inflicting Obamacare with its steadily increasing premiums and fewer insurers to choose from on their constituents.

President Donald Trump’s move to just let Obamacare die on the vine and hope for something better to rise out of the sewage is just as foolish and immoral.  Republicans need to remember what they promised and who sent them to Congress to honor their promise and get back to work on repeal and replace.  On that score, Trump is entirely correct, even if the doable path is stages as originally proposed last winter or via another path proposed by Senators Lindsey Graham (R, SC) and Bill Cassidy (R, LA) whose bill (as an interim step, I say) would “take ACA funding and distribute it to the states through block grants.”

Voters should remember this pending abject failure in the upcoming primary elections.