Category Archives: Regulation

More Mediocre, IT Worker-Bees On The Way From Bangalore

Economy, IMMIGRATION, Labor, Outsourcing, Regulation, Technology

Nothing much has changed. “Government”—what a neutral way way of putting it—is preparing to hand out H-1B visas for so-called high-skilled (they’re not) foreign workers by lottery, without changes to previous policy. See “U.S. Prepares to Distribute H-1B Visas Without Trump-Demanded Changes.” Who’s the biggest winner, Tata, Infosys or Microsoft?

Again and again this column has relayed the truth about the H1B scam. The last time was in Why The H-1B Visa Racket Should Be Abolished, Not Reformed“:

… Why doesn’t the president know that the H-1B visa category is not a special visa for highly skilled individuals, but goes mostly to average workers? “Indian business-process outsourcing companies, which predominantly provide technology support to corporate back offices,” by the Economist’s accounting.

Overall, the work done by the H-1B intake does not require independent judgment, critical reasoning or higher-order thinking. “Average workers; ordinary talent doing ordinary work,” attest the experts who’ve been studying this intake for years. The master’s degree is the exception within the H-1B visa category.

More significant: THERE IS a visa category that is reserved exclusively for individuals with extraordinary abilities and achievement. I know, because the principal sponsor in our family received this visa. I first wrote about the visa that doesn’t displace ordinary Americans in … 2008:

It’s the O-1 visa.

“Extraordinary ability in the fields of science, education, business or athletics,” states the Department of Homeland Security, “means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.”

Most significant: There is no cap on the number of O-1 visa entrants allowed. Access to this limited pool of talent is unlimited.

My point vis-à-vis the O-1 visa is this: The H-1B hogs are forever claiming that they are desperate for talent. In reality, they have unlimited access to individuals with unique abilities through the open-ended O-1 visa program.

There is no limit to the number of geniuses American companies can import.

Theoretically, the H-1B program could be completely abolished and all needed Einsteins imported through the O-1 program. (Why, even future first ladies would stand a chance under the business category of the O-1A visa, as a wealth-generating supermodel could certainly qualify.)

Now you understand my disappointment. In his April 18 Executive Order, President Trump promised to merely reform a program that needs abolishing. That is if “Hire American” means anything to anybody anymore.

MORE: “Why The H-1B Visa Racket Should Be Abolished, Not Reformed.”

Cannabis And The Constitution

Constitution, Drug War, Individual Rights, Law, libertarianism, Regulation, States' Rights

Ron Paul is synonymous for principle. He has called on Jeff Sessions to resign over his marijuana putsch.

Principled libertarians are with Ron—and are never confused about the devolution of power away from the Federales to states and to individuals. Libertarians ought not to support the federal goons’ drug war.

As for the prattle about a constitutional amendment. There’s no need for further Constitutional centralization. Letting states and individuals decide: Now that’s in THE CONSTITUTION.

Cannabis is not in the Constitution because … look up the Tenth Amendment.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Libertarians Looking For Trump To Reverse Or Nullify Bad Law

Constitution, Donald Trump, Law, libertarianism, Liberty, Regulation

Trump has signed 15 resolutions reversing Obama-era regulations. Kate’s Law—very important—has passed in Congress. Alas, the so-called Muslim ban is insignificant, unless followed up with something much more meaty.

The media are looking for “major pieces of legislation” from Donald Trump to properly asses him. To take the measure of the man as a president, I was looking for him to nullify lots of laws via Executive Orders. As said in “The Trump Revolution: The Donald’s Creative Destruction Deconstructed” (June 29, 2016):

“Should Mr. Trump deliver on his promises, consider nullification his political power tool, used by a benevolent Executive to pry the people free. Nullification should be properly considered as Justice’s Jaws of Life. As I said in the Opening, in this post-constitutional era, correctives to the corrosive actions of the State will reduce to action and reaction, force and counterforce.” (The Trump Revolution, p. 233, By ilana Mercer.)

In any case, when you read the convoluted and impenetrable legalese in which legislation is written, you wonder whether implementing change The People want is at all possible in post-constitutional American (a question asked and answered in the book aforementioned). You realize, too, that dismantling any aspect of the Administrative State is pie-in-the-sky (a thing for which the book mentioned had hoped).

Here’s a list of Trump laws, so far, courtesy of NPR. The words “Disapproving the rule” seem very musical, but who knows?

  • H.J.Res. 67: “Disapproving the rule submitted by the Department of Labor relating to savings arrangements established by qualified State political subdivisions for non-governmental employees”
  • H.J.Res. 43: “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by Secretary of Health and Human Services relating to compliance with title X requirements by project recipients in selecting subrecipients”
  • H.J.Res. 69: “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Department of the Interior relating to ‘Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska’ “
  • H.J.Res. 83: “Disapproving the rule submitted by the Department of Labor relating to ‘Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness'”
  • S.J.Res. 34: “A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Communications Commission relating to ‘Protecting the Privacy of Customers of Broadband and Other Telecommunications Services’ “
  • H.J.Res. 42: “Disapproving the rule submitted by the Department of Labor relating to drug testing of unemployment compensation applicants”
  • H.J.Res. 57: “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to accountability and State plans under the Elementary and Secondary Education Act of 1965”
  • H.J.Res. 58: “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to teacher preparation issues”
  • H.J.Res. 37: “Disapproving the rule submitted by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration relating to the Federal Acquisition Regulation”
  • H.J.Res. 44: “Disapproving the rule submitted by the Department of the Interior relating to Bureau of Land Management regulations that establish the procedures used to prepare, revise, or amend land use plans pursuant to the Federal Land Policy and Management Act of 1976”
  • H.J.Res. 40: “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Social Security Administration relating to Implementation of the NICS Improvement Amendments Act of 2007”
  • H.J.Res. 38: “Disapproving the rule submitted by the Department of the Interior known as the Stream Protection Rule”
  • H.J.Res. 41: “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Securities and Exchange Commission relating to ‘Disclosure of Payments by Resource Extraction Issuers’ “
  • S. 496: “A bill to repeal the rule issued by the Federal Highway Administration and the Federal Transit Administration entitled ‘Metropolitan Planning Organization Coordination and Planning Area Reform.’ “
  • H.J.Res. 66: “Disapproving the rule submitted by the Department of Labor relating to savings arrangements established by States for non-governmental employees.”

Modifying Existing Programs (6)

  • H.R. 353: “Weather Research and Forecasting Innovation Act of 2017”
  • S. 442: “National Aeronautics and Space Administration Transition Authorization Act of 2017”
  • H.R. 72: “GAO Access and Oversight Act of 2017”
  • S. 419: “Public Safety Officers’ Benefits Improvement Act of 2017”
  • S. 583: “American Law Enforcement Heroes Act of 2017”
  • H.R. 657 “Follow the Rules Act”

Encouraging An Agency To Try Something New (5)

  • H.R. 321: “Inspiring the Next Space Pioneers, Innovators, Researchers, and Explorers (INSPIRE) Women Act”
  • H.R. 255: “Promoting Women in Entrepreneurship Act”
  • H.R. 534: “U.S. Wants to Compete for a World Expo Act”
  • H.R. 274: “Modernizing Government Travel Act”
  • H.R. 366: “DHS SAVE Act”

Naming Something/Siting A Memorial/Encouraging Flag Flying (5)

  • S.J. Res. 1: “A joint resolution approving the location of a memorial to commemorate and honor the members of the Armed Forces who served on active duty in support of Operation Desert Storm or Operation Desert Shield”
  • H.R. 1362: “To name the Department of Veterans Affairs community-based outpatient clinic in Pago Pago, American Samoa, the Faleomavaega Eni Fa’aua’a Hunkin VA Clinic”
  • H.R. 609: “To designate the Department of Veterans Affairs health care center in Center Township, Butler County, Pennsylvania, as the ‘Abie Abraham VA Clinic'”
  • S. 305: “Vietnam War Veterans Recognition Act of 2017”
  • H.R. 375: “To designate the Federal building and United States courthouse located at 719 Church Street in Nashville, Tennessee, as the ‘Fred D. Thompson Federal Building and United States Courthouse.'”

Personnel-Related (5)

  • S.J.Res. 30: “A joint resolution providing for the reappointment of Steve Case as a citizen regent of the Board of Regents of the Smithsonian Institution”
  • S.J.Res. 36: “A joint resolution providing for the appointment of Roger W. Ferguson as a citizen regent of the Board of Regents of the Smithsonian Institution”
  • S.J.Res. 35: “A joint resolution providing for the appointment of Michael Govan as a citizen regent of the Board of Regents of the Smithsonian Institution”
  • H.R. 1228: “To provide for the appointment of members of the Board of Directors of the Office of Compliance to replace members whose terms expire during 2017, and for other purposes”
  • S. 84: “A bill to provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces”

Extending Obama-Era Policy (2)

  • S. 544: “A bill to amend the Veterans Access, Choice, and Accountability Act of 2014 to modify the termination date for the Veterans Choice Program, and for other purposes.”
  • H.J.Res. 99: “Making further continuing appropriations for fiscal year 2017, and for other purposes.”

Omnibus Appropriations Bill (1)

  • H.R. 244: “Consolidated Appropriations Act, 2017”

New Policy (1)

  • S. 1094: “Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017”

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SOURCE.

EpiPen Protest Should Be Directed @ FDA & Patent Protectionism

Business, Capitalism, Free Markets, Government, Intellectual Property Rights, Regulation

And it’s the people’s fault, too.

Most Americans have zero understanding of free-market capitalism, and are interested only in government “protections,” namely the regulation of production, in the belief that government interference can reduce costs and get Big Bad Business to behave.

If only Americans, brainwashed in the nation’s government-controlled schools, understood the less intuitive truth and aimed the arrows in their quiver at Big Bad Government, the real bad actors.

In the case of the “EpiPen sticker shock,” bureaucrats at the FDA (US Food and Drug Administration)—beholden to keeping the bureaucracy alive, not getting innovation to market—practically gum-up the process whereby other makers of the product can enter the allergy antidote market and trigger competitive forces.

Then there are the patent grants of government privilege. By granting EpiPen makers patents for posterity—yes, this is government’s fault—these lengthy grants of patent privileges prohibit manufactures of generic drugs from entering the market to make comparable products.

Via Slate Star Codex:

… when was the last time that America’s chair industry hiked the price of chairs 400% and suddenly nobody in the country could afford to sit down? When was the last time that the mug industry decided to charge $300 per cup, and everyone had to drink coffee straight from the pot or face bankruptcy? When was the last time greedy shoe executives forced most Americans to go barefoot? And why do you think that is?

The problem with the pharmaceutical industry isn’t that they’re unregulated just like chairs and mugs. The problem with the pharmaceutical industry is that they’re part of a highly-regulated cronyist system that works completely differently from chairs and mugs.

If a chair company decided to charge $300 for their chairs, somebody else would set up a woodshop, sell their chairs for $250, and make a killing – and so on until chairs cost normal-chair-prices again. When Mylan decided to sell EpiPens for $300, in any normal system somebody would have made their own EpiPens and sold them for less. It wouldn’t have been hard. Its active ingredient, epinephrine, is off-patent, was being synthesized as early as 1906, and costs about ten cents per EpiPen-load. …

Golden oldies:

* “Should Policymakers Trust The Free Market To Meet Urgent Demand For Prescription Drugs?”
* “Patent Wrongs”

To further explore the topic from a libertarian propertarian perspective, click the “Intellectual Property Rights” search category.