Race and Gender Checks Coming to a Boardroom Near You

“The Office of the New York City Comptroller was created in 1801 to be the chief auditor of local government and all its various financial activities. The comptroller’s top responsibilities, as bullet-pointed on the office’s website, are “conducting performance and financial audits of all City agencies,” “serving as a fiduciary to the City’s five public pension funds,” “providing comprehensive oversight of the City’s budget and fiscal condition,” “reviewing City contracts for integrity, accountability and fiscal compliance,” and “resolving claims both on behalf of and against the City.”

Or, you know, pressuring private companies to do race and gender checks.

On Thursday, New York Comptroller Brad Lander proudly announced that the city’s pension funds, with their estimated $263 billion under management, had successfully pressured four huge Wall Street firms (Goldman Sachs, Morgan Stanley, JPMorgan Chase, and BlackRock), plus Ford Motor Company, to publicly disclose a “Board Matrix” containing the “self-identified gender, race and/or ethnicity of individual directors.””

“What Lander and the pension funds are explicitly saying is that not knowing the racial and gender self-identification of a company’s board candidate hinders the decision-making process on how to vote. All things else being equal, if Terry Smith self-identifies as a white male instead of a Latinx female, the diversity-valuing city of New York is assumed to be more likely to vote “no” on his candidacy. (One can only imagine where voters’ preferences would lie if the nominee refused to self-identify with either a gender or a race.)

There is something both farcical and creepy about this obsession with tracking other people’s (mostly) immutable characteristics and using the power of government to compel disclosure thereof. “Race and/or ethnicity” is a tautologically unscientific classification, not improved upon by the city’s suggested “best practices” categories of African American, Asian/Pacific Islander, white/Caucasian, Hispanic/Latino, and Native American. What box should Tiger Woods check? Why are we asking individuals to join a group? What on earth does any of this have to do with providing an auditing function on a city government with a $100 billion budget and the highest taxes in the country?

Gotham is hardly alone in conducting race/gender checks on big business. Illinois since last year has required publicly traded companies based in the state to not only provide a board diversity report, but also a “description of the corporation’s policies and practices for promoting diversity, equity and inclusion among its board of directors and executive officers,” and “whether and how demographic diversity is considered” in senior hiring. A newer law imposes further diversity reporting requirements on any private company with more than 100 employees.

Maryland in 2019 passed a Gender Diversity in the Board Room law requiring publicly traded companies with sales higher than $5 million and nonprofits with budgets higher than $5 million to submit the gender information of their boards.

And just last month, a Superior Court judge struck down as unconstitutional a 2020 California law requiring publicly traded companies in the state to have on their boards at least one member who self-identifies as “Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian or Alaska Native, or…as gay, lesbian, bisexual or transgender.”

The Nasdaq, meanwhile, has imposed board-composition requirements of its own (approved by the Securities and Exchange Commission) that could get noncompliant companies delisted as soon as 2023.”

A Record Number of Drug-Related Deaths Shows the Drug War Is Remarkably Effective at Killing People

“Three years ago, President Donald Trump bragged that “we are making progress” in reducing drug-related deaths, citing a 4 percent drop between 2017 and 2018. That progress, a dubious accomplishment even then, proved fleeting. The upward trend in drug-related deaths, which began decades ago, resumed that very year, and 2020 saw both the largest increase and the largest number ever. That record was broken last year, according to preliminary data that the Centers for Disease Control and Prevention (CDC) published this week.

The CDC projects that the total for 2021 will be nearly 108,000 when the numbers are finalized, up 15 percent from 2020, when the number of deaths jumped by 30 percent. Two-thirds of last year’s cases involved “synthetic opioids other than methadone,” the category that includes fentanyl and its analogs. Those drugs showed up in nearly three-quarters of the cases involving opioids.

Illicit fentanyl, which has become increasingly common as a heroin booster or substitute during the last decade, is now showing up in cocaine, methamphetamine, and counterfeit pills passed off as prescription analgesics or anti-anxiety drugs like Xanax. That phenomenon vividly illustrates the hazards of the black market created by the war on drugs that Trump thought the government was finally winning.

Joe Biden, a supposedly reformed drug warrior, is still keen on “going after drug trafficking and illicit drug profits,” a strategy that has failed for a century but, he figures, might just work this time around. At the same time, Biden talks a lot about drug treatment and other forms of “harm reduction,” including “key tools like naloxone and syringe services programs.” He proudly proclaims that his drug control plan is “the first-ever to champion harm reduction to meet people where they are and engage them in care and services.””

“If we focus on substance rather than words, the real breakthrough will come when politicians understand and acknowledge the nature of the harm that needs to be reduced. It is not just the harm caused by drug abuse but also the harm caused by misguided and counterproductive efforts to address that problem. Prohibition itself is the most obvious example.

Consider one of the harm reduction measures that the Times mentions: the distribution of test strips that can alert drug users to the presence of fentanyl in a substance sold as something else. Those test strips don’t tell you how much fentanyl a bag of powder or a pill contains; they just tell you whether there is a detectable amount. But even that much knowledge is an improvement in a black market where people routinely buy drugs of unknown provenance, composition, and potency.

The danger that fentanyl poses to drug users is not inherent in the drug itself, which can be used safely when you know the dose, as demonstrated by its various medical applications. I was recently given fentanyl, along with midazolam, as a sedative during dental surgery, and I was not at all worried that it would kill me. Patients who receive fentanyl injections in the hospital or use fentanyl patches, lozenges, or nasal spray to relieve severe chronic pain likewise are not dropping dead left and right.

In the black market, by contrast, drug users may not even realize they are buying fentanyl; hence the test strips. Even if they do realize that, they still don’t know the concentration. That potentially lethal ignorance is entirely a product of prohibition. While the proliferation of illicit fentanyl has made drug use more dangerous by increasing variability and uncertainty, those problems are not new. They are inevitable when the government tries to prevent the use of psychoactive substances by banning them.”

“Biden thinks that “going after drug trafficking” will help prevent drug-related deaths. But the pressure from enforcement drives drug traffickers toward more-potent products, which facilitate smuggling by allowing them to pack more doses into the same volume. Alcohol prohibition shifted consumption from beer and wine toward distilled spirits. Drug prohibition gave us heroin instead of opium, fentanyl instead of heroin, and sometimes even-more-potent fentanyl analogs instead of fentanyl.

Given the economics of the black market, interdiction has always been a hopeless proposition. That should be clearer than ever today as the government vainly tries to intercept little packages of fentanyl, each of which contains thousands of doses. But while “going after drug traffickers” has never been a cost-effective way to reduce drug consumption, that does not mean it has not accomplished anything. It has been remarkably effective at making drug use deadlier.”

Gov. Newsom Proposes Eliminating One of California’s Many Marijuana Taxes

“When Californians voted to legalize recreational marijuana cultivation and sales back in 2016, the industry ended up saddled with state and local taxes that make it inordinately costly to attempt to sell or buy cannabis legally. As a result, the black market for marijuana still dominates sales in a state where it’s legal to buy it. Industry analysts estimate about $8 billion in black market marijuana sales annually in California—double the amount of marijuana purchased through licensed dispensaries.

The cultivation tax has been consistently eyed by industry analysts as a problem. This particular tax is unique among agricultural products in California, and due to the legislation passed in 2017 to establish tax authorities, it’s regularly adjusted for inflation. As a result, cultivation tax rates actually increased at the start of 2022 despite this big black market problem.

The high cost of attempting to cultivate marijuana has both given cannabis farmers second thoughts and has fostered a whole new drug war as state and local law enforcement officers raid illegal grow operations out in the rural and uninhabited parts of the state. Legislators even passed a new law adding more potential criminal penalties for those arrested for “aiding and abetting” any unlicensed dealers.”

“It’s good news that Newsom is proposing eliminating the cultivation tax. He may be doing it in the hopes that the state will make more money, but California residents will also benefit from cheaper legal options. And if this makes it easier for people to grow cannabis legally, there will hopefully be fewer raids and enforcement operations in the future.”

Biden Is Right: We Shouldn’t Restrict Americans in the Name of Liberating Cuba

“The move reinstates the Cuban Family Reunification Parole Program, which from 2007 to 2016 allowed up to 20,000 Cubans per year to come and stay in the U.S. while applying for permanent legal resident status. It also removes the $1,000-per-quarter restriction on how much money Americans can send to family, friends, and private entities across the Florida Straits.”

“Lifting government prohibitions on the movement and trade of Americans is a good policy in and of itself, regardless of impact on captive peoples abroad. But is the impact of increased travel and remittances on balance good or bad for Cubans?

Menendez argues that “nothing changed” as a result of Barack Obama’s decision to ease restrictions. By the unreasonable standard of regime change or even significant liberalization, the senator is correct. But by the standard of measurable differences in living conditions and relationship with the government, things indeed changed. As I wrote after visiting the island in 2016 for the first time in 18 years:

“A noticeable segment of the population has gained at least some financial and experiential independence from the police state. They are not, in my observation, spending that extra money on flower arrangements for the Revolution. As Sen. Jeff Flake (R–Arizona) told us during our visit, “You have about 25 percent of Cubans who work fully in the private sector….The big change is the number of Cubans being able to not have to rely on government and therefore can hold their government more accountable.”””

“Menendez’s statement nods toward the potential universality of his foreign policy vision: “Today is another reminder that we must ground our policy in that reality, reaffirm our nation’s indiscriminate commitment to fight for democracy from Kyiv to Havana, and make clear we will measure our success in freedom and human rights and not money and commerce.”
That logic, applied evenly, suggests at minimum the dismantling of the World Trade Organization and the imposition of travel restrictions on Americans seeking to visit not just Havana but the more than 60 countries categorized by Freedom House as “not free.” Menendez would never openly advocate such an approach, because that approach would be both politically suicidal and logically insane.

Cuba has long been the crystallization of America’s worst foreign policy instincts. Good on the Biden administration for easing that somewhat.”

The Buffalo Massacre Illustrates the Inherent Limitations of ‘Red Flag’ Laws

“A 2012 study that the Department of Defense commissioned after the 2009 mass shooting at Fort Hood in Texas includes an appendix titled “Prediction: Why It Won’t Work.” The appendix observes that “low-base-rate events with high consequence pose a management challenge.” In the case of “targeted violence,” for example, “there may be pre-existing behavior markers that are specifiable.” But “while such markers may be sensitive, they are of low specificity and thus carry the baggage of an unavoidable false alarm rate, which limits feasibility of prediction-intervention strategies.” In other words, even if certain “red flags” are common among mass shooters, almost none of the people who display those signs are bent on murderous violence.

Supporters of red flag laws prefer to ignore this problem. After a mass shooting in a state that has such a law, they argue, as in this case, that it would have worked if only it had been used properly. But the problem goes deeper than that. However you weigh the risk of preventable violence against the risk of taking away innocent people’s rights, this policy has inherent limitations that mean it is bound to fail”

California’s Water Bureaucrats Are Making a Bad Drought Worse

“Nearly 50 percent of the state’s available water flows to the Pacific, 40 percent goes to farms and 10 percent goes to urban users. Residences use 5.7 percent of the state’s water, with half of that going to pools and landscaping. Conservation is a good idea during times of scarcity. But why are environmentalists and regulators fixated on squeezing more drops from those who use the least?

It’s almost as if they are more intent on punishing Californians for our lifestyles than funneling more water into our system to assure that everyone has the water that they need.”

“California needs to build appropriate water-storage facilities to capture more water during rainy years (and, yes, we’ll have rainy years again), improve water trading and pricing, and build recycling and desalination plants. We’re not going to do desalination now obviously, we’re not fixing the pricing situation and we’re not building water-storage facilities.
Again, the governor’s rhetoric has been good lately when it comes to water, but his action is lacking. He appoints members to the Coastal Commission and we see how that went. He touts his $5.1-billion water infrastructure package as the centerpiece of his efforts to boost water availability, but one need only look at the administration’s own press package to see it’s a fairly empty package.

The largest portion ($1.3 billion) goes toward drinking and wastewater infrastructure for disadvantaged communities—an important and long-neglected upgrade that nevertheless has little to do with boosting water supplies. The other main expenditures relate to environmental improvements, including fish corridors and water-efficiency subsidies.

As U.S. Rep. Tom McClintock (R–Roseville), has said, “Droughts are nature’s fault and they are beyond our control. Water shortages, on the other hand, are our fault.” Based on the commission’s decision, it’s sadly clear that California has made its choice to enter a stage of permanent rationing and endless crisis.”

US Army terminates science and technology effort for strategic long-range cannon

“Congress directed the Army to stop funding the long-range cannon in its fiscal 2022 appropriations act, and “based on that direction, the Secretary of the Army decided to terminate the [SLRC] project this year,” Ellen Lovett, Army spokesperson said in a May 20 statement to Defense News.

The decision also “eliminates potential redundancy, and ensures we effectively use tax dollars to achieve modernization objectives,” she wrote. “Pursuing the effort could cost billions of dollars even if the science and technology effort succeeded because the Army would have to enter into a development program, procure the system, and create entirely new units to operate it.”

The Army still has four other long-range fires programs set to reach operational Army units in 2023”

Eric Adams’ Emergency Price Controls on Baby Formula Will Make the City’s Shortage Worse

“The country’s ongoing shortage of infant formula has been exacerbated and prolonged by a long list of counterproductive government interventions: from tariffs and trade restrictions to price-distorting subsidies and nonsensical labeling requirements.

New York City Mayor Eric Adams has decided to throw one more log on the fire by issuing an emergency order limiting price increases on infant formula.

“The nationwide infant formula shortage has caused unimaginable pain and anxiety for families across New York—and we must act with urgency,” said Adams on Sunday. “This emergency executive order will help us to crack down on any retailer looking to capitalize on this crisis by jacking up prices on this essential good.”

The mayor’s order invokes city rules that prohibit merchants from raising prices more than 10 percent from where they were 30–60 days preceding the emergency. Adams urged people to report potential gouging to the city’s Department of Consumer and Worker Protection.”

“sudden price hikes discourage people from engaging in harmful and unproductive hoarding.”

“Higher prices make once unprofitable activities suddenly lucrative. For example, it’s usually not profitable to drive 100 miles to sell people bags of ice. That calculation changes when a hurricane drives up the price of ice to $15 a bag.

Conversely, if price gouging laws force a bag of ice to be sold at $1, hurricane or not, a lot fewer potential suppliers are going to be induced to take that trip. The result is more people go without ice.

Adams’s order will similarly deprive New Yorkers of much-needed formula. Out-of-city suppliers who might have incurred higher transportation costs to reap the rewards of higher prices in the Big Apple will instead sell off closer to home. That’ll be particularly true if they’re located in a jurisdiction that hasn’t banned market prices on baby formula.

The federal policies driving the formula shortage—whether that’s prohibitive tariffs on baby formula or labeling rules that keep European products off the market—are outside the control of local officials like Adams, who are nevertheless expected by their constituents to do something.

The least the mayor could do, however, is not make the formula problem worse. His emergency order shows he can’t even clear that bar.”

Pollsters prepare for major changes after presidential election misses

“Pollsters are increasingly embracing new methods in the run-up to the 2022 midterms after notable misses in recent races. Front of mind is the looming 2024 election cycle, when former President Donald Trump — whose support among the electorate has bedeviled pollsters trying to measure it for the past seven years, including missing low on Trump’s vote before his 2016 win and underestimating the closeness of his 2020 loss — could be on the ballot for the third consecutive presidential election.”

“Increasingly, pollsters across the field favor combining multiple methods of contact in the same poll, seeking to include the hardest-to-reach Americans.”

“It’s already happening across the board. After ending their more-than-30-year partnership with NBC News after the 2020 election, the Wall Street Journal’s new poll — a cooperative effort between the pollsters for both Trump and President Joe Biden — reaches a quarter of its respondents via text message. The technique, called “text-to-web,” sends a link to an internet survey, and those interviews are added to others conducted by voice over landlines and cell phones.
Over the past year, CNN’s polling has spanned a wide range of methods. Conducted both over the phone and the internet, some polls are conducted from respondents who have joined a panel maintained by SSRS, the Pennsylvania-based company that conducts polls for CNN and other outlets. But the samples for two other CNN polls — one earlier this year and one in the summer of 2021 — were obtained by mailing solicitations to people at home and asking them to participate, either on the phone or the web.

Prior to last summer, all of CNN’s national polling had been conducted by phone.

Large media outlets have experimented with emerging methodologies before. CBS News and The New York Times did some of the first major media polling over the internet in 2014.”

“as Americans become increasingly more difficult to reach, traditional methods are becoming more untenable.

“These things are only getting harder,” said one pollster who was granted anonymity to offer a candid assessment of the state of the industry. “So if you’re just doing the same thing, it’s only going to get worse.”

The innovations are not limited to sampling and data collection. But devising new weighting parameters — ways to adjust the results to better reflect the electorate — is more difficult. That’s because one of the main culprits of the 2020 election miss appears to be people who don’t respond to polls — so-called “nonresponse bias.” Voters in that group were more likely to support Trump, which made it harder for polls to reflect the true measure of his support.”

“some of the new proposals include weighting data to some social benchmarks, like the percentage of people who know and talk to their neighbors, or who volunteer in their community. Others suggest asking whether people trust media or polling in order to determine if their sample is too establishment-friendly.

The implementation of new methods is also happening at the campaign level, though to a lesser degree. Campaign pollsters — whose jobs involve giving candidates and outside groups strategic advice more than simply measuring the horse race — are dipping their toes tentatively into less-familiar waters.

In general, Democratic firms — many of which banded together after the 2020 election to study went wrong — are more open to experimentation.”