Wednesday, May 14, 2014

Living with Laws

Government Has Made America Inept

http://www.kiwiblog.co.nz/2014/05/government_has_made_america_inept.html#comments
May 14th, 2014 at 10:00 am by David Farrar
Philip K. Howard writes:
In February 2011, during a winter storm, a tree fell into a creek in Franklin Township, New Jersey, and caused flooding. The town was about to send a tractor in to pull the tree out when someone, probably the town lawyer, helpfully pointed out that it was a “class C-1 creek” and required formal approvals before any natural condition was altered. The flooding continued while town officials spent 12 days and $12,000 to get a permit to do what was obvious: pull the tree out of the creek.
Government’s ineptitude is not news. But something else has happened in the last few decades. Government is making America inept. Other countries don’t have difficulty pulling a tree out of a creek. Other countries also have modern infrastructure, and schools that generally succeed, and better health care at little more than half the cost.
Reforms, often embodied in hundreds of pages of new regulations, are tried constantly. But they only seem to make the problems worse. Political debate is so predictable that it’s barely worth listening to, offering ideology without practicality—as if our only choice, as comedian Jon Stewart put it, is that “government must go away completely—or we must be run by an incompetent bureaucracy.”
The missing element in American government could hardly be more basic: No official has authority to make a decision. Law has crowded out the ability to be practical or fair. Mindless rigidity has descended upon the land, from the schoolhouse to the White House to, sometimes, your house. Nothing much works, because no one is free to make things work.
Automatic law causes public failure. A system of detailed dictates is supposed to make government work better. Instead it causes failure.
The simplest tasks often turn into bureaucratic ordeals. A teacher in Chicago who called the custodian to report a broken water fountain was chewed out because he didn’t follow “broken water fountain reporting procedures.” On the first day of school he was required to read to his students a list of disciplinary rules, including this one, just to start things off on the right foot: “You may be expelled for homicide.”
It would be hilarious, if it wasn’t so sad.
Budgets are out of control because government executives lack flexibility to shave here and there to make ends meet. Soon after his election, New York Governor Andrew Cuomo thought he had found an easy way to save $50 million when he learned that a large juvenile detention center was empty, with no prospects of use anytime soon. There it was, sitting upstate, with several dozen employees—doing nothing but costing taxpayers millions of dollars. But no one had the authority to close it down, not even the governor. There’s a New York law that prohibits closing down any facility with union employees without at least one year’s notice. 
I look forward to Labour adopting this as policy!
Even matters of life and death are sometimes asked to yield to the rigid imperatives of a clear rule. In 2012, Florida lifeguard Tomas Lopez was fired for leaving his designated zone on the beach to rescue a drowning man just over the line. “On radio I heard Tommy saying ‘I’m going for a rescue but it’s out of our zone,’” said another lifeguard, who added that the “manager told him not to go and to call 911.” Lopez said he couldn’t just sit back, and was prepared to get fired, adding, “It wasn’t too much of an upset, because I had my morals intact.” After publicity about the incident, Lopez was offered his job back. He declined.
These are extreme examples, but they show why it is important to rely more on values and judgement than strict rules.
Let this be our motto: Just tell me the rules. In 2013, an elderly woman collapsed at an assisted living facility in Bakersfield, California, and a nurse called 911. The operator asked the nurse to try to revive the woman with CPR, but the nurse refused, saying it was against policy at that facility. “I understand if your boss is telling you, you can’t do it, but … as a human being … is there anybody that’s willing to help this lady and not let her die?” “Not at this time,” the nurse replied. During the seven-minute, sixteen-second call, the dispatcher continued to plead with the nurse: “Is there a gardener? Any staff, anyone who doesn’t work for you? Anywhere? Can we flag someone down in the street to help this lady? Can we flag a stranger down? I bet a stranger would help her.” By the time the ambulance arrived, the woman had died. The executive director of the facility defended the nurse on the basis that she had followed the rules: “In the event of a health emergency … our practice is to immediately call emergency medical personnel for assistance … That is the protocol we followed.”
Very sad.
http://www.thedailybeast.com/articles/2014/05/04/government-has-made-america-inept.html

a number of interesting comments after the break

Ryan Sproull (6,795 comments) says: 
Just to play devil’s advocate here, what are the scenarios that this bureaucracy prevents that might otherwise occur?
For example, sure, $12,000 is spent fucking around about something we say is obvious: pull the tree out of the creek.
Let’s imagine a situation where there’s a tree stump in the way of something. Someone says, “The solution is obvious – chain it up to the tractor and rip it out. No need for expensive consent bureaucracy!” And it gets pulled out, but turns out the roots run down and around some gas lines, and the tractor rips up the gas lines along with the stump.
Obviously I’ve invented that scenario. I’m just saying that it’s very easy to point at the most ridiculous or worst consequences of something when its greatest successes are in the events that don’t occur.
Danyl Mclauchlan (1,051 comments) says: 
Obviously I’ve invented that scenario. I’m just saying that it’s very easy to point at the most ridiculous or worst consequences of something when its greatest successes are in the events that don’t occur.
Nasim Taleb hypothesizes a similar scenario in The Black Swan. A US politician passes a law imposing stricter security regulations on domestic airlines, the law comes into effect on Sept 10 2001 and prevents the 9/11 attacks, the airlines are outraged by the pointless regulatory cost that’s been imposed on them by the government with no visible gain and fund the politicians’ opponent who defeats him in the next election.

gump (1,275 comments) says: 

The problem isn’t just that there are rules, the problem is that people have been conditioned to follow them blindly.
It’s the same mentality that allowed the Holocaust to occur in an other otherwise civilised country.
tom hunter (4,065 comments) says: 
I think it’s a mistake to simply talk about government here. If you look at those examples what you’re actually seeing is a culture where people have been told not to think for themselves, especially if it involves breaking rules set by the state, no matter how stupid or immoral. That feeds in from a whole range of factors that make up our society; education, parenting, media messages – culture.
The real question is whether the numbers of people like the lifeguard are being overwhelmed by the numbers of people like the nurse. Here in NZ I don’t think we’re at the tipping point towards mindless rule-following – yet. But elsewhere in the West, including the US …..?

Howard strikes me as the same kind of button pusher that John Stoessel is. Find an outrageous government excess or ineptitude, extrapolate it to the whole and make money selling a book to anti-government rubes. The corollary is that some banks tanked the economy by selling too many bad loans, therefore all banks are evil. Banks are killing the country.
Sure, there are too many inane government regulations, but the balance is you have ones that aren't. And the list of regulations you benefit from every day is far greater than the list of of silly ones. Would you like to go back to leaded gasoline, for instance? Would it be okay for companies to resume dumping PCB in rivers? Should we stop inspecting meat? Want to resume advertising cigarettes and booze to kids? Eliminate seat belts from cars?
It's a question of balance. I don't know whether we've gotten it right or not, but I'm pretty sure headline writers who say government has made American inept are full of s*&t.

@FJR2010  "And the list of regulations you benefit from every day is far greater than the list of of silly ones."
I doubt the "list" is as lopsided as you make it out to be but still a concerted effort to get rid of the silly ones would be of greater benefit to society than to let them stand. It is not as if ALL regulations must go but doesn't it make sense to get rid of the ones holding us back? Why do liberals think we have to accept the stupid and wasteful things from government just because there are a few good ones sprinkled in? This is not an all or nothing situation. 



The truth is that every system of government is geared to generating new laws, rules, & regulations.  Howard is correct that once a law is on the books, it usually requires a major calamity to get the law changed or reversed.  Frequently, laws regularly sap funds, attention, & manpower away from the enforcement of critical laws because the system can not distinguish or prioritize its efforts well.
Our government would be significantly better if more laws had sunset provision that required them to be periodically reviewed & approved to continue.  There are plenty of laws that have unclear wording, ineffective results, or unintended consequences from when they were created.  They are frequently shotgun approaches to solve problems that have multiple hands shifting their aim.  They frequently miss badly but are still the law & are enforced with all the backing of large bureaucracies that depend on them for their long term funding, job security, and prestige.
For you, please go to the appropriate government agencies & try to find clear rules about gasoline requirements, river pollution, meat packing quality, car safety, &  the requirements of selling controlled substances.  Then post how many pages of instructions & regulations that you find & how long it takes you to finds a specific reference to each of the landmark laws that you think are so important.

The author doesn't touch on the main problem, which is the voluminous procedural rules that result from loopholes and ambiguities being written into the law to benefit a few, so much of the it is code that is at war with itself. An excellent start would be to revisit badly written law of this description and write it like someone with a brain instead of a war chest.
tom hunter (4,070 comments) says: 
Having said that there is also the fact that the very act of passing rules has increasingly been backed up by massive state efforts to ensure that those rules are followed – which includes education, parenting education, media messages, as well as the threat of force or the use of force (the latter usually being sufficient).
In earlier times in the post-industrial revolution West it was accepted that the gap between having a rule and the enforcement of a rule was a part of what we called freedom. If your rule-breaking was large-scale, egregious, and damaging to society then you hit the wall of the state sooner or later.
Nowadays you hit that wall a lot sooner, you do so over ever finer details, and the punishments for the small-scale stuff – including social ostracism – are a getting tougher: Is your child over 140cm? No? Well they should have been in a booster seat. That will be a $160 fine – and let that be a lesson to you!!.
That’s how you produce compliant subjects. There’s no point moaning about them then refusing to act on their own moral, ethical or intellectual initiative.
unaha-closp (1,050 comments) says: 
Obviously I’ve invented that scenario. I’m just saying that it’s very easy to point at the most ridiculous or worst consequences of something when its greatest successes are in the events that don’t occur.
If one generation spends its time ritualistically cavorting in meaningless, but increasingly expensive circles. Prevention definitely is on the agenda.
The next generation doesn’t get a retirement.
And the next generation after that doesn’t get an education.
Gulag1917 (428 comments) says: 

The displacement of common sense with rules and regulations. Idiot proofing systems is impossible because idiots will always find a way.
SPC (4,897 comments) says: 
Too many lawyers. They infest all areas of society and regulate it to death. The ability to sue then allows them to work both sides of the fence. Compliance and negligence.
Kimble (4,125 comments) says: 
Those examples seem to lay the blame at the foot of the judiciary.
Yes, there are too many rules and regulations … as that is what happens when you pay people to make rules.
And yes, people are becoming conditioned to follow the rules regardless of the circumstance … but why is that?
It is because if they break the rules, they have to face consequences that are determined by other people who have become conditioned to follow the rules regardless of the circumstances.
And thats the way it goes right up the chain until they get to someone who doesnt have to follow the rules. Not the ones who make the rules, but the ones who enforce them.
The citizen who pulls the tree out of the creek gets sued by the council (asshats who are following the rules regardless), and eventually they stand before a judge. Which way will that judge rule? That’s what the citizen and the asshats think about before they respectively act and sue.
The asshats sue because they expect the judge to place their rules above the circumstances.
The citizen doesnt act because they also expect the judge to place the rules above the circumstances.
Nobody expects the judiciary to rule fairly or sensibly.
Who the hell made those asshats judges in the first place?
Paulus (2,350 comments) says: 
I was told a while ago by an American Doctor that she witnessed a horrific vehicle crash, but she had to drive past as she was not licenced to practice in that state.
Kimble (4,125 comments) says: 
but she had to drive past as she was not licenced to practice in that state.
I guess she values her licence more than she values human life.
tom hunter (4,070 comments) says: 
I guess she values her licence more than she values human life.
Or to put it another way it’s a choice between A) not being able to feed and provide for your children and B) potentially saving someone who is probably on the way out anyway. Ugly, but it’s questionable whether “conditioning” is an apt description for what might actually involve considerable thought.
Ed Snack (1,581 comments) says: 
The legal issue is very real and is a specifically US problem. A very similar situation to the rest home case is that most doctors will not stop and help road accident victims. Even if they do their utmost under very difficult circumstances if there is any adverse outcome it is very likely that they will be sued. No cost lawyers who settle for a chunk (often the major chunk) of any settlement will run the whole case at no cost to the person suing. Insurance costs for doctors in the US are horrendous and often contain clauses that invalidate cover in such impromptu circumstances. the high cost of US medical care can at least in part be sheeted home to this.
Tort reform would seem to be a genuine issue that could assist, but the trial lawyers are a large, powerful, and very wealthy group that contributes heavily to election campaigns (very largely but not exclusively to one (guess which) side) and thus tort reform just doesn’t get any serious attention in Congress. Where there’s large sums to be made, greed trumps common sense, and lots of people think they just might hit the settlement jackpot at some time.

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