Category: Government

Government Obstacles Slow 5G Innovation

(p. A13) . . . , governmental obstacles threaten to block a new wave of wireless innovation, known as fifth generation or “5G.” It will multiply download speeds by at least 10 times, allowing wireless carriers to compete with cable companies for high-speed internet access. With superfast speeds and low lag times, 5G will enable advances in everything from driverless cars to the “tactile internet,” in which surgeons can perform operations and builders operate construction equipment remotely, and entertainment can include sensations beyond the audiovisual.
. . .
In some places, outdated local requirements prohibit carriers from placing small cells in local rights-of-way and on government-owned utility poles. Zoning ordinances designed for much larger towers often require local zoning boards to approve small cells. Some localities refuse altogether to negotiate right-of-way access, while others impose prohibitive fees and other unreasonable conditions.

For the full story, see:
Robert McDowell. “Local Laws Imperil 5G Innovation; Misapplied zoning rules and huge fees block antennas the size of pizza boxes.” The Wall Street Journal (Tuesday, April 3, 2018): A13.
(Note: ellipses added.)
(Note: the online version of the story has the date APRIL 2, 2018.)

FDA Regulations Stop Vape Shop Innovations

(p. A19) After Kimberly Manor lost her husband to lung cancer, she was inspired to make a dramatic career change. Kimberly now owns and operates Moose Jooce in Lake, Mich., a “vape shop” that sells various electronic nicotine devices. These products use battery-powered coils to vaporize liquids, with differing levels of nicotine or none at all. Thus, vapers may inhale nicotine without the tar or other harmful chemicals in tobacco smoke, since there is no tobacco and no combustion. Scientific evidence suggests this is a much safer alternative to smoking.
Ms. Manor estimates that her business has helped more than 500 people quit smoking, most of them longtime smokers in their 50s or older. Yet the Food and Drug Administration is discouraging more such enterprises. In a regulation issued in 2016 known as the “deeming rule,” the agency ordered that vaping products would be subject to the same regulations developed for the cigarette industry under the Tobacco Control Act of 2009.
The deeming rule has been devastating to businesses like Ms. Manor’s. To give just one example, vape shop owners frequently experiment by mixing new flavors for the liquid “juice.” Now, each separate creation requires its own prohibitively expensive application for FDA approval, which means that vape shops have been forced to stop innovating.

For the full commentary, see:
Todd Gaziano and Tommy Berry, “Career Civil Servants Illegitimately Rule America; Leslie Kux has never been elected or confirmed by the Senate. She’s issued nearly 200 regulations.” The Wall Street Journal (Thursday, March 1, 2018): A19.
(Note: the online version of the commentary has the date Feb. 28, 2018.)

Art Diamond Predicts a 40% Chance that Elon Musk Will Make It to Mars

(p. A1) What are the chances that readers will make it to the end of this article? About 40%.
If you do make it, that prediction will look smart. If you don’t, well, we said the odds were against it.
Such is the nature of the 40% rule, a favorite forecasting tactic of Wall Street analysts and other prognosticators trying to make a bold call without being too bold.
Former British Prime Minister Tony Blair said last month there’s a 40% chance that Brexit will be reversed; Citigroup Inc. analyst Jim Suva wrote that there’s a 40% chance Apple Inc. buys Netflix Inc.; and Nomura Holdings Inc. economist Lewis Alexander said there’s a 40% chance Nafta gets ripped up.
The nice thing about 40% is that you never have to say you were wrong, says Peter Tchir, a market strategist at Academy Securities. Say you predict the Dow Jones Industrial Average has a 40% chance of hitting 30000 before year-end.
“Get it right and you can say ‘See, I was telling everyone it could happen,’ ” he says. “Get it wrong and you can weasel your way out: ‘I didn’t say it was likely, I just said it was a strong possibility.’ “

For the full story, see:
Winkler, Rolfe and Justin Lahart, “How Pundits Never Get It Wrong: Call a 40% Chance.” The Wall Street Journal (Tuesday, Feb. 27, 2018): A1 & A10.
(Note: the online version of the article has the date Feb. 26, 2018, and has the title “How Do Pundits Never Get It Wrong? Call a 40% Chance.”)

Occupational Licensing Hurts Military Spouses

(p. A15) Heather Kokesch Del Castillo launched a dietary advice business in Monterey, Calif., in 2014. The business grew and Ms. Del Castillo eventually established a nationwide client base as a “health coach.” But when her husband, who is in the Air Force, was transferred to a base in Florida, her business hit a roadblock. A Florida Department of Health investigator showed up at the door of their new home with a cease-and-desist letter and a $750 fine.
After nearly two years of operating her business in Florida, Ms. Del Castillo learned that she had run afoul of a law requiring any person offering dietary advice to possess a state-issued license. Qualifying for that permit requires a bachelor’s degree in dietetics, a 900-hour internship, a passing grade on an exam administered by the state Commission on Dietetic Registration, and a $355 fee. A licensed dietitian had tipped off the Health Department that Ms. Del Castillo was giving unauthorized advice. She retained the Institute for Justice, a public-interest law firm, to fight the law that stripped her of her livelihood.
State licensing laws pose a particular burden on military spouses like Ms. Del Castillo. About 1 in 4 Americans need licenses to perform their occupations. In some states, florists, taxidermists and even fortune-tellers need licenses to operate. Far too often, these licenses serve less as safeguards of public health and safety than as barriers to entry. In many cases, the state-appointed boards that issue licenses are stocked with industry insiders seeking to restrict competition.
. . .
Military spouses were 10 times as likely to have moved to a new state in the past year than the average American, according to a combined 2012 study by the Treasury and Defense departments. Surveys suggest that anywhere from 35% to 50% of military spouses work in professions that require licensure, and nearly 75% of them would need to be relicensed upon transferring to a new state. Perhaps as a result, the unemployment rate for military spouses is 16%, while the national unemployment rate is only 4.1%

For the full commentary, see:
Shoshana Weissmann and C. Jarrett Dieterle. “Why Do You Need a College Degree to Give Diet Advice?; State licensing laws overly burden military spouses, who move frequently only to find they can’t work.” The Wall Street Journal (Thursday, February 1, 2018): A15.
(Note: ellipsis added.)
(Note: the online version of the obituary has the date Jan. 31, 2018.)

New York City Mayoral Health Regulator Shook Salt onto His Saltine Crackers

(p. A17) Purring in the mild winter day, a small armada of S.U.V.s was parked Thursday morning along 42nd Street outside the New York Public Library. Inside was Mayor Bill de Blasio, at an interfaith prayer breakfast that went on for quite a while.
By divine right of mayoralty, or someone, 13 vehicles waited at the curb in a no-standing zone, among them four black S.U.V.s (three Chevy Suburbans and one Yukon XL) an ambulance, a huge E.M.S. vehicle and a police school safety van. The engines on those big boys were running while the mayor was inside, for about two hours.
At least one of the S.U.V.s had Taxi and Limousine Commission plates. It may not have been part of the official mayoral entourage, but its dashboard was anointed with the holiest of government oils: a police placard giving it license to park where unblessed mortals cannot.
One day earlier, Mr. de Blasio announced that the city would sue five big oil companies for the hardships and costs inflicted on New York by climate change.
. . .
Hypocrisy is more widely practiced by humans than any creed. Mr. Bloomberg’s health department wanted restaurants to cut sodium from their recipes but he was known to shake salt on slices of pizza and saltine crackers.

For the full commentary, see:
JIM DWYER. “Battling Climate Change From the S.U.V. Back Seat.” The New York Times (Friday, January 12, 2018): A17.
(Note: ellipsis added.)
(Note: the online version of the commentary has the date JAN. 11, 2018, and has the title “About New York; Battling Climate Change from the Back Seat of an S.U.V.”)

FDR’s Coast Guard Denied Entry to Future Medical Visionary

(p. B12) Dr. Arno G. Motulsky, a former refugee from Nazi Germany who became a founder of medical genetics, recognizing the connection between genes and health long before mainstream medicine did, died on Jan. 17 [2018] at his home in Seattle.
. . .
“It was his vision to study how heredity could be involved in practically everything,” Dr. Francis Collins, a geneticist and the director of the National Institutes of Health, said in an interview. “The relationship between heredity and the response to drug therapy — nobody was thinking about that until he started, 60 years ago. He anticipated it decades before science made it possible to get the answers that he dreamed of.”
As technologies emerged to decode DNA, the fields that Dr. Motulsky helped originate came to the forefront of medicine, leading to improved diagnosis and treatments for a host of diseases.
. . .
Dr. Motulsky’s path to prominence began in harrowing fashion. He had been one of more than 900 Jewish refugees aboard the German liner St. Louis, which reached the Miami coast in 1939 but was turned away by the United States and sent back to Europe.
. . .
His parents tried to leave Germany with him and his younger siblings, Leah and Lothar, in 1939, before war broke out in Europe. In an account he gave to the Annual Review of Genomics and Human Genetics in 2016, Dr. Motulsky said his family had hoped to join his father’s brother in Chicago but headed for Cuba instead after hearing that a United States quota system was causing long delays in granting visas.
His father left first. His mother followed soon afterward, taking young Arno and his brother and sister with her aboard the St. Louis in Hamburg on May 13, 1939, bound for Havana. But Cuba refused to accept the refugees, as did other Caribbean countries.
“We asked to land in America, but were denied,” Dr. Motulsky said. “When we sailed close to Miami, U.S. Coast Guard cutters and planes shooed us off.”
Its passengers filled with dread, the ship headed back to Europe on June 6.
“Miraculously, a few days before we would have arrived back in Germany, four other countries — England, France, Holland and Belgium — each agreed to take one-fourth of the passengers,” Dr. Motulsky said.

For the full obituary, see:
DENISE GRADY. “Arno Motulsky, a Founder of Medical Genetics 60 Years Ago, Dies at 94.” The New York Times (Tuesday, January 30, 2018): B12.
(Note: ellipsis, and bracketed year, added.)
(Note: the online version of the obituary has the date JAN. 29, 2018, and has the title “Arno Motulsky, a Founder of Medical Genetics, Dies at 94.”)

Politicians Build Costly Megaprojects to Burnish Their Legacy

(p. 14) Petroski, a professor of both engineering and history at Duke and the author of such books as “The Pencil” and “The Evolution of Useful Things,” brings an eye for the little things: what kinds of guardrails are best, how roads can be made safer through better signage, which paving materials last longest. One of his key lessons is that small thinking can be a virtue, because the history of infrastructure is a series of experimental and incremental improvements.
Local governments tried endless variations of asphalt and concrete before developing paving surfaces that didn’t produce excess dust or deteriorate quickly under rain and snow. They gradually built longer bridges, learning from earlier designs that worked, and that didn’t. They tried out different paint colors for lane markings, finding the ones that drivers could see best.
This little-things perspective is needed at a time when America’s infrastructure agenda is simultaneously characterized by grandiose ambitions and limited budgets. Money is tight, and infrastructure needs are going unaddressed. At the same time, despite funding limitations, politicians have a tendency to fall in love with novel, pathbreaking, expensive projects that frequently go astray, resulting in arguments against spending more on infrastructure.
. . .
Politicians aren’t drawn to megaprojects just because they believe the initial rosy cost projections and therefore underestimate the risk of complications. They also see an opportunity to build their legacy: It’s more fun to say “I built that bridge” than “I retrofitted that bridge.”

For the full review, see:
JOSH BARRO. “Getting There.” The New York Times Book Review (Sunday, March 20, 2016): 14.
(Note: ellipsis added.)
(Note: the online version of the review has the date MARCH 18, 2016, and has the title “‘The Road Taken,’ by Henry Petroski.”)

The Petroski book under review, is:
Petroski, Henry. The Road Taken: The History and Future of America’s Infrastructure. New York: Bloomsbury USA, 2016.

Clarence Darrow Did Not Always Defend Working People

(p. 12) Kersten frames Darrow’s penchant for representing murderers and other criminals, for instance, as the only way he could underwrite his political work. And he doesn’t even mention some of Darrow’s more unseemly efforts, like the case of the good ship Eastland, when labor’s beloved lawyer mounted a defense of the steamboat’s chief engineer, whose negligence had been a cause of the drowning deaths of 844 working people out for a day of fun on the Chicago River.
Farrell has no such compunctions. He agrees that Darrow had core principles. “He was Jefferson’s heir,” he says, “his time’s foremost champion of personal liberty,” raging against the concentration of wealth and power that had accompanied the nation’s industrialization. But Darrow also thought of the law as blood sport. He shamelessly seduced juries with his common man routine — the rumpled suits and suspenders, the gentle country drawl — and his extraordinary closing statements, which he packed with philosophy, poetry and cheap emotions meant to make men cry. Those were the benign manipulations, Farrell argues. In some of his biggest cases Darrow bought the testimony he needed. And when he was apparently caught in the act in 1911, he hired as his counsel the most ruthless criminal lawyer he could find — a flashy-dressing, hard-drinking, anti-union conservative — because there was no point in confusing means and ends.
A similarly callous streak ran through Darrow’s personal life. He divorced his first wife because she wasn’t sophisticated enough; married his second because she doted on him; then took a mistress 21 years his junior. He cheated on his law partners too, handing them work he didn’t want to do and pocketing fees they were supposed to share. And for all his radicalism, Darrow loved a big payday: according to Farrell, he took on Leopold and Loeb, two sons of privilege, primarily because their parents offered him a $65,000 retainer.

For the full review, see:
KEVIN BOYLE. “Equal Opportunity Defender.” The New York Times Book Review (Sunday, July 10, 2011): 12.
(Note: the online version of the review has the date JULY 8, 2011, and has the title “Clarence Darrow, Equal Opportunity Defender.”)

The books under review, are:
Farrell, John A. Clarence Darrow: Attorney for the Damned. New York: Doubleday, 2011.
Kersten, Andrew E. Clarence Darrow: American Iconoclast. New York: Hill and Wang, 2011.

Regulations Threaten Precision Medicine Innovations Against Cancer

(p. A15) The federal government is threatening to limit treatment options for doctors fighting cancer.
. . .
At issue is whether reimbursements will be available to most physicians, hospitals and patients for a diagnostic technology known as next-generation sequencing. A cornerstone of the emerging field of precision medicine, NGS tests analyze molecular changes that occur in cancerous tumors and show up in biopsies.
. . .
Under the proposed policy, only one of hundreds of laboratories that currently offer NGS testing would meet all the new reimbursement requirements. The policy would in effect force clinicians and institutions to send all NGS testing to a single vendor, Foundation Medicine .
This is unfair to cancer patients. The proposal would result in a monopoly, allowing price manipulations, decreasing quality, and potentially contributing to market failure. It would turn the entire genomic-testing industry upside-down. The FDA is already unable to keep up with advances in precision medicine. Restricting access to cutting-edge molecular testing would stifle growth in precision medicine at approved testing sites nationwide. The limits could prevent desperately needed innovation, setting back progress in genomic testing and oncology by at least a decade.

For the full commentary, see:
Olivier Elemento. ”A New Regulatory Threat to Cancer Patients; Washington may impose needless limits on genetic testing.” The Wall Street Journal (Mon., Feb. 26, 2018): A15.
(Note: ellipses added.)
(Note: the online version of the commentary has the date Feb. 25, 2018.)

Over-Regulated, Quasi-Governmental Health Sector Is Often Slow in Face of Crisis

The nurse interviewed in the passages quoted below, also appeared at about the same period, on Anderson Cooper’s CNN 360 show. On that she had a wonderful riff on how the hospital was irresponsible in taking so long to get the right protective gear. She says that they could, and should, have gotten it overnight through Amazon Prime.

(p. B4) DALLAS — A nurse who observed and participated in the care of Ebola patients at Texas Health Presbyterian Hospital spoke out publicly on Thursday about what she characterized as inadequate training and infection control there.
. . .
Ms. Aguirre said she and other nurses were “horrified” at the protocols used to care for Ms. Pham. She said they received instruction only once about the proper use of personal protective equipment — gloves, masks, gowns, hoods and shields — before entering Ms. Pham’s room, and then were shown how to remove the potentially contaminated gear while in the room. The garb left a triangle of skin exposed on the front of her neck.
“The very first time I was being instructed to put the stuff on I immediately voiced my concerns,” Ms. Aguirre said. “Why would I be wearing two pairs of gloves, three pairs of bootees, have my entire body covered in plastic, have two hoods on and have an area so close to my mouth and my nose exposed? And they said, ‘We know, we’ve addressed it and basically our verdict on that at this time is we’re taping that area closed.’ “

For the full story, see:
KEVIN SACK. “Controls Poor at Hospital, Nurse Says.” The New York Times (Fri., October 17, 2014): A14.
(Note: ellipsis added.)
(Note: the online version of the story has the date OCT. 16, 2014, and has the title “WHEELS; The Internal Combustion Engine Is Not Dead Yet.” The online version says that the New York print version was on p. A14. My paper, probably the midwest version, was on p. A18.)