Just Another Simple Solution

There’s no easy way to put this, so I might as well come out and just say it: Mr. Donley appears to be very confused.1 Unfortunately this is only to be expected from the silver bullet crowd who invariably see all problems as susceptible to simple solutions, solution simple solutions that they, of course, have at the ready.

Social promotion has been a concern for years 2, but it is not the source of the problem. The  reason for social promotion is that we have a system largely based on age based cohorts. And for most of a students school years, and removal from their age cohort is a kin to branding the child as “defective”.

Many educators have pointed out ways to address retention and social promotion 3 and underlying may of those recommendations is the fact that  if schools moved to a skill based system as opposed to an age based system, artifacts like social promotion would disappear, especially as the granularity of the skill based modules is increased. In fact, some of the more successful programs on view in schools attempt to exploit just such options, like Walk to Read 4, where students are grouped across classrooms for reading instruction.

Certainly there are challenges to any educational system. A typical criticism of skill based cohort management is that this is simply “tracking”5 and that tracking breeds elitism. Gross tracking could clearly lead in that direction, but effective course management and the distribution of children make it pretty clear that such results might only be seen for 3 of a thousand children, all of whom would have been entitled to IEPs as exceptional children until the likes of Mr Donley “fixed” the Alaska Statutes.

But changing the cohort system is not just a different “silver bullet”; it is not a comprehensive solution. Not only do we need to change the cohort system to focus on instruction (instead of focusing on “management”) but we also need to implement early childhood and Pre-K surveillance, assessment, and service,  as well as clinical intervention to address fundamental inadequacies in literacy and numeracy. It is not like we can hide our heads in the sand any more; we KNOW that early deficiencies in reading WILL result in likely trauma, incarceration, etc.6 Spend the money now, or spend the money later.

Lastly, let me note that this is not likely a sudden inspiration on Mr. Donley’s part. With the election of the current Governor, we will be seeing a bill along the same lines introduced in the legislature . 7 I don’t want to fault Republican legislators for being concerned about education; but endorsing a corporate package unsupported by actual research is a recipe for disaster.

 

The Short Shrift: Socialism Versus Social Activism

Bernie Sanders has called out Amazon in the BEZOS Act, and Jacobin Magazine says its time for socialists to organize at Amazon, but I can’t help wondering if this activism misses the soul of socialism as the increase in wages comes at the loss of access to ownership.

Setting aside the rants of the Randian culture warriors,  most have seen ownership of the means of production as the keystone of socialism.

For the sake of simplicity, in the discussion that follows I shall call “workers” all those who do not share in the ownership of the means of production—although this does not quite correspond to the customary use of the term. The owner of the means of production is in a position to purchase the labor power of the worker. By using the means of production, the worker produces new goods which become the property of the capitalist. The essential point about this process is the relation between what the worker produces and what he is paid, both measured in terms of real value. Insofar as the labor contract is “free,” what the worker receives is determined not by the real value of the goods he produces, but by his minimum needs and by the capitalists’ requirements for labor power in relation to the number of workers competing for jobs. It is important to understand that even in theory the payment of the worker is not determined by the value of his product. 1

Unfortunately, in the US the big union money typically moves in the other direction, with health and welfare funds and pension funds being managed by greedy Wall Street bankers solely on the basis of monetary return (which amounts to workers essentially capitalizing rentiers).

The value of Amazon stock is now about $1800/share, with a market capitalization of a bit over $900B, much of that owned by institutional investors and mutual funds. So, in broad terms all that needs to happen to make Amazon a socialist powerhouse is to finance employee purchase of $450B in stock.

The alternative, no matter how noble it might appear from time to time, amounts to begging or blackmailing, as Amazon’s market power is arguably no match for activists. 2

But is worker ownership of a behemoth like Amazon a pipe dream? Now that is an organizational question  worth pondering. Rather than propose that thousands of militant socialists seek employment at Amazon quietly for the purpose of an October Revolution, why not organize for the takeover of the company; it is certainly just a “doable” as rendering Amazon a union shop, and it makes “labor” management.

Seems to me that if one is going to hitch one’s wagon to Hope and Change, then charging into the fray for the purposes of continuing to be regarded as beggars at the gate is not all that inviting.


Fuck That Shit

To my expropriating friend,

You have opined about the unkempt nature of your recent communications, announcing that you will start using the word feck.  

“In an effort to clean up my act, I am expropriating the Irish word “Feckin” as my official expletive.”
Fuck that shit. Fuck1 has an ancient and honorable tradition that was sullied only by the minions of Queen Victoria.

Now, if you wanted to talk about you being feckful (I think we reserve feckless2 for those promoting “solutions” which are, in ‘effect’ [you liked that bit of word play, didn’t you?] little more than opportunities to co-op energies that might otherwise actually produce change… ) we could talk about how full of feck you were (though I don’t know how we actually measure feck – perhaps a fecking meter – would we find one of those in Old Eire?).

But feck, as a minced oath (you will want to read this 3 amounts to what the ultrablue might argue is cultural appropriation (as you no doubt understand based on your intent to expropriate), and that would be potentially damning in a political melee where the critical play is choosing sides!

All I can recommend is what is suggested to be the lesson of the friars of Cambridgeshire:

Flen, flyys, and freris populum domini male caedunt,
Thystlis and breris crescentia gramina laedunt;
Christe, nolens guerras, sed cuncta pace tueris;
Destrue per terras breris, flen, flyȝes, and freris.
Flen, flyȝes, and freris, foul falle hem thys fyften ȝeris,
For non that her ys lovit flen, flyȝes, ne freris.

Fratres Carmeli navigant in a bothe apud Eli,
Non sunt in cœli quia gxddbov xxkxzt pg ifmk.[1]
Omnes drencherunt, quia sterisman non habuerunt,
Fratres cum knyvys goth about and txxkxzv nfookt xxzxkt,[2]

Ex Eli veniens praesenti sede locatur,
Nec rex nec sapiens, Salomon tamen ille vocatur.

Pediculus cum sex pedibus me mordet ubique,
Si possum capere, tokl tobl[3] debet ipse habere.

Si tibi strok detur, wyth a round strok evacuetur;
Et si revertetur, loke tu quod retribuetur.

Est mea mens mota pro te, speciosa Magota.

Verum dixit anus, quod piscis olet triduanus;
Ejus de more simili foetet hospes odore.

Est in quadrupede pes quintus, in aequore pulvis,
In cirpo nodus, in muliere fides.

Cum premo, re retrahit, stringit con, inque sigillat,
Sub silet, ob spoliat, sed de gravat, ex manifestat.

Thus, pix, cum sepo, sagmen, cum virgine cera,
Ex hiis attractus bonus est ad vulnera factus.

Vento quid levius? fulgur. Quid fulgure? flamma.
Flamma quid? mulier. Quid muliere? nichil.
Auro quid melius? jaspis. Quid jaspide? sensus.
Sensu quid? ratio. Quid ratione? nichil.

Frigore Frix frixit, quia Tros trux tubera traxit,
Trosque truces Traces secuit necuitque minaces.

Taurus in herba ludit, et optat tangere limpham.
Rumbo murena extat Thamesia plena.4

 


 

UPDATE ON ANCHORAGE SCHOOL DISTRICT’S LOOK AT SCHOOL START TIMES

High School student Matthew Park started a petition to ASD in July 2017 to push high school start times to 8:30. https://www.change.org/p/anchorage-school-district-push-start-times-in-asd-high-schools-to-8-30-am

In August of 2017 the Superintendent (Dr. Deena Bishop) and the Board President (Tam Agosti-Gisler) indicated that they wanted to look at changing school start times.  https://www.adn.com/alaska-news/education/2017/08/09/should-the-anchorage-school-district-change-its-school-start-times/

By November the Superintendent had used her discretionary budget to hire Western Demographics to look at the issue in what some have called an “efficiency study”.  http://www.ktva.com/story/36909860/local-teens-welcome-new-school-start-times

Since then the Superintendent has published a web page on school start times on the ASD website. The Page never identified who actually authored the content. https://www.asdk12.org/Page/10284  The web page originally contained names and dates of authors whose work purportedly supported the claims made in the document, but no bibliography was ever included. When complaints were made about ASD needing to provide a full bibliography, the material identifying dates and authors was deleted. https://www.facebook.com/groups/AkEducators/permalink/10156543167479267/  A  bibliography that included all but one of the sources apparently mentioned by ASD (one did not appear to exist) as well as quite a bit of additional literature addressing questions raised by AEA members was prepared and shared with ASD (see https://www.zotero.org/groups/2153649/school_start_times. ASD has never shared that bibliography.

Shannon Bingham, President of Western Demographics, presented to AEA building representations on March 28th. Mr. Bingham apologized for not having published his presentation online, and for not having a bibliography available. AEA Representatives presented quite a few unanswered questions, including the impact on Elementary students, and interventions that ameliorate the sleep disorders relied upon by much of the research to suggest changes in start times (see Alaska Educators Facebook Group https://www.facebook.com/groups/AkEducators/permalink/10156543167479267/ ). ASD still has not published any additional material from Mr. Bingham.

The material presented by Mr. Bingham was somewhat inconsistent with the material presented on the ASD web page, apparently as a result of ongoing examination of the question by Western Demographics, but as noted, the most current material has not been published to the ASD website.

A short bulleted version of this is available at http://bit.ly/ASDBULLETS

Bill Roth ADN

Anchorage skyline and pan ice at Point Woronzof on Wednesday, March 22, 2017. (Bill Roth / Alaska Dispatch News)

 

Orbital Questions

A funny thing about being in a stationary orbit is that on the hand you are moving a zillion miles per hour, while on the other the countervailing forces are keeping you almost stationary while you ever so slowing approach your doom. What an analogy for the arguments about “gun control”…

Mental health? I could just argue it is an oxymoron, but frankly the entire concept of mental health is largely a fiction. After all, what is “health” when you get down to it other than a compromise between a statistic and an aspiration. Forget for a moment the biological aspects of the matter, and consider that virtually all of the DSM requires some element of subjective judgment.

Keeping guns out of the “wrong hands”? 1) There are no wrong hands; all humans of capable of doing something stupid enough to get another killed. It happens on a daily basis. 2) How would you begin to identify the wrong hands because a) yeah, that is the same gambit as the mental health scam, and b) sane today, nuts tomorrow…

Safe schools? Schools are never going to be “safe” because humans are not “safe”. Mandating greater distance (figuratively speaking) between dangerous instrumentalities and humans  is the only way we have made life any safer. But there are two possible measures that could be pursued: building secure classrooms and adopting legislation (see, e.g. Santaella-Tenorio, Julian, Magdalena Cerdá, Andrés Villaveces, and Sandro Galea. “What Do We Know About the Association Between Firearm Legislation and Firearm-Related Injuries?” Epidemiologic Reviews 38, no. 1 (January 1, 2016): 140–57. https://doi.org/10.1093/epirev/mxv012.

Putting more guns in school? Why not arm the kids (https://opinion.alaskapolicy.net/pardonme/?p=94) Good guys with guns? I think you will find that a recent stat being flashed about suggests that police hit their targets 20% of the time in dynamic situations (some reports argue as “high” as 35%, rofl! http://www.nytimes.com/2007/12/09/weekinreview/09baker.html) for people trained to shoot under stress – are you going to exceed the training police officers receive? Likely not, which means that at least 2/3 of the rounds discharged will likely hit someone other than the perpetrator (and in a school, who might that be?) Sounds like a party!!!!!! And securing the gun lockers in a school? Now that sounds like a real gas…

Yeah, I am a teacher, a parent, an owner of class 3 weapons, a registered Republican, and an old lawyer, and the amount of bandwidth on inane rationalizations about our current firearm policies is simply obscene. We require more attention to the ownership of automobiles than we do to firearms (at least we require, half heartedly, a license and insurance, kind of, rofl…..) How about a mandatory strict liability no fault policy in the amount of $2M per firearm that pays off in full without question if anyone is injured in any way as a result of the discharge of a weapon, funds payable to a victims’ trust? Yup, that policy might run you more than your health insurance policy

“Separate But Equal” Has No Place

The highest court of this land, in the words of Chief Justice Warren, stated in no uncertain terms:

“We conclude that, in the field of public education, the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment.” Brown v. Board of Education of Topeka, 347 U.S. 483 (1954)

Yes, “in the field of public education, the doctrine of “separate but equal” has no place”. But today, especially in public education, we are seeing a rise in segregated education, and along with it, a clear attack on the values so clearly espoused by the Brown Court.

While race was the basis for the Brown decision, race is, as arguably IQ is, just a matter of a few genes. But it is, in a very real sense, a fiction. It is a fiction that was broadly employed in our country (and some argue its use is now rising again, see The Resegregation of Jefferson County and Better Use of Information Could Help Agencies Identify Disparities and Address Racial Discrimination) to maintain what were argued variously as “cultural” or “ability” differences. It was fairly common to allege that as some races were less amenable to education (slower?) they did better in their own schools, with their own kind.

It was this kind of thinking that was found unacceptable as to race, and then, in a striking partial reversal of Rowley, it was applied in Endrew F. v. Douglas County School Dist. RE–1, 580 U.S. ____ (2017).  You cannot have equality of education where you are segregating populations, and that applies to the entire gamut of actual (or perceived) differences.

In that light, of course, tracking should raise a number of concerns. While tracking may be a very effective tool for pedagogy, it can easily become a very effective tool to promote social segregation (and has done just that). Charter schools are being created specifically to keep the “wrong child” elsewhere, and how “Native” charter schools could survive a Brown challenge would rest solely on the dubious claim that separate but equal is acceptable if the separated agree? Really?

When I was young I was tracked (with excellent results) but I was also required to take a half a dozen different shop classes (where many of my academic peers were far from performance leaders). This had a counterbalancing effect to the academic tracking, and promoted the mixing of all students in the school. As a teacher I was able to help coach a US FIRST Robotics Team that likewise included a broad range of students, and it was this breadth that was the aspect of the team most celebrated by the team members.

Slowly but surely though, financial pressure has been brought to bear to move “non-academic” “career-oriented” students to programs focused on “getting them a job”. I think one of the worst aspects of such programs is that it gives up on these students when these students have yet to demonstrate that they are literate.  That is on its face unacceptable.  What we see in test after test is that we are graduating students who have NOT mastered the adopted curriculum. To essentially accept that has an acceptable “truth” and thereupon to decide that we can then spend a couple of years not teaching them to read, but teaching them to do medical filing, is obscene.

But more importantly, and why I write today, such “vocational” schools promote class segregation at a time when such polarization is perhaps the biggest crisis facing this nation. Nor do the inclusion of a few well chosen “academic courses” remove the separate identity (whether one wants to call it stigmatization or not) as the students are still segregated.  And see Cain Polidano and Domenico Tabasso, “Fully Integrating Upper-Secondary Vocational and Academic Courses: A Flexible New Way?,” Economics of Education Review 55 (December 1, 2016): 117–131, accessed January 10, 2018, http://www.sciencedirect.com/science/article/pii/S0272775716300012; John H Bishop and Ferran Mane, “The Impacts of Career-Technical Education on High School Labor Market Success,” Economics of Education Review 23, no. 4, Special Issue In Honor of Lewis C. Solman (August 1, 2004): 381–402, accessed January 10, 2018, http://www.sciencedirect.com/science/article/pii/S0272775704000287. And we have yet to address the gender segregation that is typical of Voc-Ed, VET, and/or CTE programs

In creating “vocational schools” we are promoting the “deplorable”, if you will, as a viable segment of our population, and frankly, I don’t think pride in ignorance is anything to ever be proud of.

Scofflaw Heaven?

Wickersham’s Conscience pulls out Ferguson as his whipping boy in a diatribe about Beauregard bringing back debtors’ prisons. The specifics on how the legal system “took advantage of” poor people have been beat to death, but were resurrected January 2017 by WC to paint Mr. Sessions as a Dickensian fiend. Well, I am no fan of Sessions, but there are very good reasons for his actions here, whether those actions are the result of racist ideology, or “Trumpist philosophy” (what an oxymoron that is).

To deal with the last bit first, Session pared away “guidance” by which the executive branch appeared to pre-empt local discretion under the law.  Nothing unlawful or reprehensible about that, on its face, is there? I may find that frustrating, because I endorse the policies behind the “guidance”, but in essence Sessions is correct in finding that such accretions are problematic.

Now, let’s put aside for a moment the outrage and excesses seen in Ferguson and what you arguably have (as in, what you can argue you could arrive at legitimately) is a “system” that is trying to impose order on a community of scofflaws. Let’s compare what we learned about Ferguson with what happened in Anchorage with respect to automated speed enforcement, so that our analysis isn’t contaminated by extrinsic outrage. Anchorage has an horrendous problem with people violating traffic laws. The apparent solution (photo radar) resulted in a huge hue and cry, however. Why? Because everyone was speeding, everyone was getting hefty fines, and no one wanted to pay said fines. Well, the good folk who wanted the speed limits enforced argued, “If you don’t want to pay the fine, don’t do the crime”.  But the Anchorage scofflaws were not about to be undone by technology. They beat photo radar in criminal court on a resolvable technicality, and the outrage over the program precluded politically it being implemented as a even a civil measure. We have lots more people dead from speeding vehicles. If you REALLY want to control behavior, what are you to do?

Clearly, if you want to put an end to Behavior X (whether that is speeding, running red lights or beating up on your wife) there has to be a clear ban on the behavior, and a set of actually enforced consequences. The liberal tripwire here is the concern that the consequence is intentionally being contrived such that the “perp” can never escape the the circle of ever rising debt or imprisonment. Yes, yes, yes! We can all agree that this is problematic, and yet day fines are still not widely implemented in the US. Day fines gob smacked many Americans for the first time when The Atlantic carried a story about a monstrous Finnish fine. Day fines impose fines that are proportionate to ones ability to pay (see, for example, How To Use Structured Fines (Day Fines) as an Intermediate Sanction . The question for the outraged, as far as I am concerned, is whether a system of days fines in a place like Ferguson would remediate the issues decried.

“Nay, nay, nay,” I say. Lets face it, the folk in Ferguson would not have paid the fines under any circumstances. Sorry, but if you make the day fine just a copper, you will have those who appear with a hapenny. Why? For the same reason you can impose a 45 mph speed limit and someone caught doing 60 will complain. While the Ferguson situation is clearly “over the top”, go to any court system in the country and visit the “wants and warrants section” and you will see the same thing. Review the collection of fines, and you will recognize that our judicial system is largely ignored until you hear that loud clack as the electronic door lock on the jail sets, or you are made to empty your pockets on the witness stand. I know. I have had to do debtor hearings where the debtor, claiming poverty, is wearing $30K in jewelry. Yah, tools of their trade….. 

“WHOA!”, you say, “I never never knew you to be such a retro asshole!” Sorry, but as we promote an “open” society, we are also promoting a society where there are few norms outside of the law; i. e. the law exists to set the norm. While you may have cleaned up after your dog, and controlled him while out walking in the past out of a sense of personal and communal responsibility, once such a shared sense is lost, the only thing that keeps you from letting your dog shit on my porch is enforcement of the law. Enter civil fines. You violate the norm you get assessed a fine. You fail to pay the fine, your action gets criminalized, and the monkey chases the weasel.

The fly in that ointment is a constabulary that won’t enforce the law (which in many cases is what we have in Anchorage). If you don’t want to simply punish offenders (punishment is really not conducive to alleviating criminal behavior) then we could try to tax them, and the ultimate taxing of an individual who simply refuses to comport themselves with society is to put them to work paying off their debt, lol. And that is a debtor’s prison. With or without day fines.

Perhaps instead of being outraged by the concept, we should explore ways to make it viable. Or we could just say, “You can break the law all you want, because we don’t care.” Your choice….

Billing, Finnish Style

I was recently whisked off to Scandinavia for a couple of weeks courtesy of my wonderful daughter. Unfortunately, I was having a bit of a problem with my sinuses, which necessitated a visit to a doctor in Helsinki. Friends there lined me up to see a doctor at a private clinic. He asked what the problem was, and I started in. Within a couple of seconds he stopped me.

“Look,” he said. “You clearly know what the problem is and I concur.  Let me get the medical business done and then we can chat.” Perhaps more out of astonishment than compliance, I shut my trap and he started typing away. In a minute or so he looked up from his keyboard and gave me the medical spiel – I was getting an assortment of meds to be used as necessary, an EU version of Clarinex, codeine cough syrup, and an antibiotic if things did not clear up on their own in a week. He asked if all was clear, I confirmed, and he hit a button on the keypad.  Then he explained….

He worked for the clinic and he billed based on the amount of time he spent with the client. Materials were extra at cost plus, as were pharmaceuticals. The whole trip to the doc plus the meds ran be $160.  Since he wasn’t pressed with patients at the moment he had time to chat, and there was no reason to bill me for the time he was amusing me with his dry Finnish wit. And that was PRIVATE care!

I mention all this because yesterday I received an EOB (Explanation of Benefits, for those either lucky – or unlucky – enough not to have to deal with them) which indicated that a specialist I see was dinging me and extra ~$30 for lidocaine and a cortico-steroid injected a YEAR AGO. Turns out that the specialist’s office had been billing for an office visit and a surgical procedure (for a total of ~$500) but had neglected to charge me for the contents of the syringe. I inquired when I called to ask about the incremental billing why they weren’t charging me an incremental fee for the needle and syringe.

In this country insurance companies make providers negotiate on a huge range of services – that’s what the CPT codes are about, because apparently we believe that if a doctor gives you a  flu shot, that has a different value then when he pulls a little wooden splinter out of your finger. Same person, doing what he was trained (and insured to do), and yet somehow the doctor is going to get twice the amount for the splinter than for giving the flu shot. No, it does NOT make a great deal of sense.

Lawyers will often debate whether to offer services, say for a simple adoption, as a flat fee as opposed to an hourly. Flat fees in some senses make it simpler, and in a very real sense its a gamble. We call the other side of that gamble, “insurance” – socializing the cost of the risk. Amortizing the risk may in fact be a great idea, but if we are going to do that, it is high time we stopped doing half of it. Otherwise, we might as well go to having doctors bill out their time by the tenth of the hour. The CPR that saved your life? .1 hr at $300/hr is $30; now that’s a bargain!

License and Insure the Shooter, Tax the Firearms

License and Insure the Shooter, Tax the Firearms,

and Do It Through State and Local Governments.

© Allen D. Blume, 2017

During the 2016 political campaign season, virtually any discussion of ending endemic gun violence in the United States was tantamount to touching a subway “third rail;” with the promise of immediate political death to anyone seeking a solution to the problem. In the wake of the militant takeover of the Malheur National Wildlife Refuge in Oregon; the rapidly escalating firearms attacks in Kalamazoo, Michigan, Madison Township, Ohio, and Glendale, Arizona; domestic terrorist assaults on Planned Parenthood in Colorado Springs, Colorado; and county government workers in San Bernardino, California by “self-actualized” lone wolves, there were more demands to restrict Americans’ access to virtually all types of firearms. As with the slaughter of school children in Connecticut in 2012, Democrats in general, and to a lesser extent, the investment community, questioned the ready availability of such “weapons of mass destruction,” and, predictably called for restricting entire classes of firearms and limiting the availability of large capacity magazines. As expected, too, the Republican Party mouthed prayerful platitudes and offered nothing in the way of solutions to halt the rising body counts in every part of the United States.

Now, twelve months into 2017, following the particularly murderous assaults in Las Vegas, Nevada, with 59 dead and 441 injured; and Sutherland Springs, Texas, with 27 dead and 25 injured, the body counts continue to climb, the intensity of gun attacks are more savage, and the places of their occurrence appear even more randomly dispersed. The high-profile shootings that leave tens of people dead and hundreds more injured are signifiers of our increasing reliance on firearms to “settle scores” real or perceived. The data on places like Las Vegas or Sutherland or the 2016 Pulse nightclub shooting in Orlando, obscure other shootings that should be high profile – but are now simply the background noises of a society in turmoil.

Date

Location Killed

Injured

Jan. 16, 2017

Miami, FL 0 8

Jan. 27

Brownsville, TN 0

10

Feb. 12

Caruthersville, MO 1

6

Mar. 26

Cleveland, OH 2

15

Apr. 16

Columbus, OH 0

9

Apr. 30

San Diego, CA 2

6

May 7

Chicago, IL 2

8

May 20

Philadelphia, PA 10

0

May 27

Washington, DC 1

7

May 28

Phenix City, AL 0

12

June 5

Orlando, FL 6

0

June 9

Fort Worth, TX 2 5

June 30

Little Rock, AR 0

25

June 30 The Bronx, NYC 2

6

July 9

Cincinnati, OH 1 8

Aug. 4

Lodge Grass, MT 3

2

Sep. 10 Plano, TX 9

1

Sep. 24

Antioch, TN 1 8
Oct. 22 Lanett, AL 2

7

Nov. 14 Corning, CA 6

12

(Source: Gun Violence Archive, Mass shootings, November 2017) [1]

The increasingly deep and wrathful divisions between those who favor an outright ban on firearms of any sort, and the barely checked threat of violence emanating from extremists in thrall to the National Rifle Association (NRA) guarantees deadlock and stalemate in addressing runaway gun violence in our society.

In the main, social justice liberals seek to address gun violence by mandating federal “one-size-fits-all” solutions that would create enormous and expensive databases on firearms, ammunition, magazines, and the piece-parts of firearms technology; while notably encroaching on the rights of individuals, states and/or communities to police themselves. Clearly, an increased emphasis on background checks is warranted, as evidenced in President Obama’s Executive Order, and increased attention from the Trump White House, requiring that individuals selling firearms at gun shows be licensed dealers and run background checks before selling a firearm to another person. However, the move is, at best, a tentative one and will certainly be tested by gun owner advocacy groups. Further, by seeking to reinstate semiautomatic weapons and magazine bans, Washington will again chase the minutiae of our violence problem to the exclusion of other and more effective solutions.

A careful reading of the Supreme Court decisions in Washington, DC v. Heller (2008) and McDonald v. Chicago (2010) offers a more direct and manageable solution: Mandate licensure and liability insurance for shooters at state and/or local government levels, and levy appropriate taxes on firearms, magazines, ammunition, and other adjunctive technologies.

Just as states regulate driver’s licensing, they can as readily use their existing infrastructure to manage firearms, even to the extent of using the same departments of motor vehicles to provide for licensure and examination. Set by state statute and/or multi-state compacts, controls can be put in place to provide for categories of gun ownership and use that are comparable with existing automobile, motorcycle, or commercial vehicle licensing, and that do not violate constitutional standards for possession and use of firearms. While there would be some initial state and/or local government outlay to set up certified training and testing gun ranges or contract for their services, this approach would obviate the need for expanding the federal bureaucracy on a fool’s errand to track down and enumerate every Picatinny rail, large capacity magazine, or MilSpec round.

Much is made of the so-called abuse of the regulatory power of the state, but taken at its most fundamental, such actions are a legitimate exercise of the policing powers inherent in every social compact. Justice Oliver Wendell Holmes’ often cited prohibition against crying “Fire” in a crowded theater is an example of the state asserting authority over the exercise of our First Amendment rights; and just as it is in the people’s and government’s interest to regulate explosives and hazardous materials, physicians and health care providers, pet and animal welfare, and restaurants and food vendors, state and local government licensure of shooters is well within the purview of that lawful exercise of regulatory authority.

By licensing the gunner instead of the gun, a more direct accountability can be established between the state and the individual, thereby requiring standards of competence and levels of certification that can be subject to periodic review and testing. An added advantage comes in requiring gunners of any level of competency to have insurance consistent with the same legal standard that requires a driver to have motor vehicle insurance. Again, there is no need to create an elaborate infrastructure, as it would be in the financial interests of insurance underwriters to offer policies for shooters that would include indemnification, risk management, and competency testing (i.e., mental health as well as weapons proficiency); and to avoid overlap and bureaucratization as noted earlier, state and local governments can make use of their existing agencies to manage the licensure process. Finally, and particularly for financially strapped governments, the taxes generated can be directed to mental health and violence reduction activities; or their general fund.

The upshot is that while there is a presumption, constitutionally derived, of an individual’s “natural right” to keep, carry, and use weapons in self-defense, it is not a right that comes without expressly stated costs. In short, for an individual to fail to exert prudent control over his or her firearms, the cost could range from insurance premium hikes to outright policy cancellation. An unlawful act by a licensed shooter could nullify the insurance policy and make the perpetrator subject to material and criminal damages, and failure to have insurance would be fundamental grounds to prohibit a gun sale. Further, an unlicensed person in possession of a firearm would be presumptively in violation of state or local law and subject to such fines and penalties as legislatures might impose. Finally, there will be an open policy consideration in whether a state or other jurisdiction can or will “grandfather” firearms owners or provide for incremental imposition of these proposed standards. Imperatively it is time to move the focus of the divisive gun rights/gun control debate off the center stage of national politics, and vest its solutions in the so-called “laboratory of the states.”

Such a process will not eliminate the role of the federal government to oversee regulation of fully automatic and/or exclusively military weapons and explosives, monitoring and enforcing laws against illegal trading in stolen firearms, and maintaining national registers of felons and others not permitted to own or possess guns.

This approach will not completely stop traffic in illegal firearms, nor will it absolutely keep firearms out of the hands of criminals or emotionally unstable individuals; but it will provide a matrix whereby law-abiding citizens are presumptively determined to be acting within the law in the exercise of their Second Amendment rights. An additional benefit can be realized by working through organizations such as the National Conference of State Legislatures (NCSL), the National Governors Association (NGA), the National Association of Attorneys General (NAAG), et al, to develop model legislation that provides for the specifics of any given gun-owning state or community; and acts presumptively in favor of firearms owners who might otherwise be in violation of a federal law because they own a firearm or other item subject to national regulatory controls. By licensing and insuring the gunner, a singularly more powerful means of controlling and compelling lawful behavior can be accomplished at a level well below those federally-based laws that would have to be, in the main, confiscatory.

Predictably, more extreme gun owners will claim government overreach and intrusion into their Second Amendment and/or unstated rights of privacy. The immediate and most absurd comparisons will be made to Adolf Hitler or Josef Stalin’s totalitarian gun laws, while conveniently overlooking that during the Vietnam War, virtually every person above a certain age in Communist North Vietnam was armed and instructed to shoot down American aircraft. Far more absurdly will be the argument that by making up lists of licensed shooters, the government will then easily be able to round up licensees. (In a nation of roughly 350 million people, a full third of the population are gun owners, and according to the Geneva, Switzerland-based Small Arms Survey, the leading source of international public information about firearms, the United States has “the best armed civilian population in the world,” with an estimated 270 to 315 million total guns. That’s an average of 89 firearms for every 100 residents. Information courtesy of the Statistic Brain and the Gallup Poll, 2015; and The Blaze, and Cleveland State University, 2013.) The point, of course, is that the likelihood of any such “roundup” borders on the absurd.

Notwithstanding the absurdist attacks from extremists on the right and left of the American political spectrum, by indemnifying lawful gun owners at the closest appropriate level of governance, the effect will strengthen their fundamental rights while concurrently mandating standards of behavior, performance, and competency, and provide a significantly different means to attenuate the frequency and extremity of gun violence in the United States.

-/-

[1] Ed. Note: The table is not scientifically selected or weighted, save only to show relatively large incidents. NO state is missing from the data in the source cited.

When is Insurance for Dependents a Bad Idea?

In a recent social media discussion about the adoption of Alaska HB23, “Creating a fund in the Department of Public Safety; providing for payment of certain medical insurance premiums for surviving dependents of certain peace officers or firefighters who die in the line of duty; relating to contributions from permanent fund dividends to the peace officer and firefighter survivors’ fund; and providing for an effective date”, Andy Holman (past Anchorage Education Association President and presently Anchorage School Board Member) stated, “Way too long coming.” While I am typically a fan of Representative Andrew Josephson (the bill’s primary sponsor), this bill was and will continue to prove to be, a mistake.

The Bureau of Labor Statistic’s “Census of Fatal Occupational Injuries” tells us that there are as many job related teacher deaths as there are job related fire department deaths [OK, I will come clean about the appropriate consideration of the BLS data below]. Does that mean that Andrew will soon be fast-tracking a similar bill for teachers? Somehow I think not.

One can dramatize the situation as much as one wishes, but where there are as many occupational fatalities among teachers as among firefighters, the actuarial impact on their families is THE SAME. In fact, in many schools teachers DO walk towards the fire, as it were, but I don’t think we should be ensuring health care coverage because of the nature of the job someone is doing (even if we misperceive the dangers inherent in that job because we are emotionally involved), but because it is the right thing to do.

But we should back up a bit and ask first why this was necessary, or more importantly, whether there was some way to avoid the unforeseen consequences presented by the bill, while still providing health care for the families of deceased firefighters and cops. And that means answering the question, “Why is it that legislators supposed that firefighters could not provide for medical insurance premiums for an eligible surviving spouse or dependent child through an IRA, life insurance, or related instrument?” And if such options were available (and they were), instead of carving exceptions into state law, wouldn’t it have made more sense to transition state medical care to health trusts, and allow the health trust to provide such services until the covered parties are otherwise eligible?

All persons covered under this bill would already be entitled to COBRA  (which, at a cost no more than 105% of the existing premium, provides for continuation of coverage on the occurrence of a qualifying event, like death of the policyholder).  All employees through whom coverage would be realized through this bill are also provided or offered life insurance. The longest that COBRA (or alternative program) would have to be paid for would be 18 years, the time it would take an infant to reach majority (26 if we want to look at current insurance “standards” for parental coverage). A rational response to this situation might well be to provide adequate life insurance or similar instrument that would cover COBRA (technically COBRA today only runs 18 or 36 months) or alternative.  The cost for such insurance would be about $50/month. Yes, I said $50/mo.

The demonstration above gives rise to the possibility that some are seeking to “double-dip” based on milking an emotive response. How is it “double-dipping”? The covered employee class already negotiates for a salary and benefits based on their “heroic” status (walking towards the fire, as it is argued). Stripped bear of the chest beating, we are really talking about a way to avoid asking the employer for an additional $50/month, or more to the point, moving part of the employment cost away from the employer directly (but as we might expect, this will have an indirect effect on dollars available for other purposes, and the current situation, where the Senate Majority is unwilling to adequately fund education in the State, is just one example). So the fireman gets paid on the basis of his heroism, and then we also provide additional remuneration (off the books, as it were, on the same basis), while denying that benefit to every other public employee.

The fact of the matter is that whatever the reason for the loss of the employee’s life, it will result in the loss of medical benefits for their dependents, and that will present a family crisis to a family already in crisis. No responsible family member would leave his or her family in such a precarious position, so we really have to assume that all such persons are already implementing a solution such as described above. The issue, then, is not really providing the tools for coverage, but providing additional benefits to one occupation, not provided to another occupation on the basis of something other than risk of occupational fatality for that occupation. That, to be blunt, is an emotional response that carves exceptions with unforeseen consequences and promotes making non-data driven decisions.

An emotive response should have nothing to do with the need to make sure that the families of anyone who dies on the job retain their health insurance until otherwise covered. By emotive response I am referencing the perception that someone deserves something “extra” because of the perceived nature of the risk, despite whatever the stats might reveal about the actual risk, the actual risk being determine actuarially. As noted, public safety personnel negotiate compensation on the basis of the risk they experience (one of the reasons people argue about the fact that the job is less risky than people like you believe) – and we should not promote this “double dipping”  while the employee could provide for family coverage on the employee’s death.

But teachers? Look, if you want to reward public safety personnel for being “heroes”  that is fine (though remember, you are also doing that when they negotiate for pay), but I (and thousands of others) think that teachers are heroes too. If you really want to extend benefits based on heroism, your policy should be based on actual risk, and the actual risk is far from your perceptions of the risk.

When comparing US schools to Finnish, the difference, again and again, comes back to Disrespect that the population holds for teachers, and the ramification of that disrespect eventually “blossoms”. In addressing teacher victimization, the American Psychological Association states:

According to the U.S. Department of Education, from 2011-12 , approximately:

  • 20% of public school teachers reported being verbally abused.
  • 10% reported being physically threatened.
  • 5% reported being physically attacked in schools.

From 1997-2001 1.3 million nonfatal crimes (including 473,000 violent crimes) were committed against America’s teachers.

Yes,  the fatal injury rate is actually some 5 times greater for firefighters than for teachers (the rate for firefighters is 4 per 100,000 full-time equivalent workers) but the rate for firefighters is still a third of that for bus drivers! The point I am trying to make is that actuarially the fatal injury rate for firemen is actually lower than many other possible public employee sectors, so to single out a sector with a lower rate for extra benefits is emotional and not data driven, and as such would also arguably inappropriate public policy.  It would make more sense, I suppose, to use the occupational fatality rate as a multiplier to address public subsidy for COBRA or some such.

I think instead of this law, which is a mistake, the families should have clearly identified the cost of life insurance necessary for COBRA for 18 (or 26) years and negotiated for that. In the alternative, the legislature should have made the coverage available to everyone, which is to say, instead of me, me, we should be talking about us us 😉 And, of course, instead of trying to kill the health trusts functioning so well in this State, the State should be promoting the expansion and networking of such trusts. At that point we have coherent policy that meets the long range needs of Alaska residents. What we have now is a poor knee-jerk emotional response to what is really a non-problem, and legislation that really does need to be adopted as been sidelined instead.