Friday, March 25, 2011

The NFL Lockout and Union Struggles

Stephen Squibb over at n+1, rights the piece I've been trying to write since the Wisconsin union battle and the NFL lockout overlapped.  The whole thing is worth your time, but I'm going to pull out two passages that get to the heart of the issue.  First:

For this obvious restraint of trade the league needs and has needed the blessing of the federal government in the form of an exemption from the Sherman Anti-Trust Act. First secured in 1966 on the occasion of the merger of the AFL and the NFL, the exemption was granted on the condition of Commissioner Pete Rozelle’s promise that teams would not relocate, the idea being that if owners had the right to move teams from city to city they could blackmail local constituencies for millions in public financing. This is, of course, exactly what they’ve done, again and again, in the forty-five years since, to the tune of about $7 billion in taxpayer dollars. It’s unclear whether this figure includes sums like the $36 million paid by the Municipality of San Diego to Alex Spanos, patriarch of the Chargers, for empty seats after the city was forced to guarantee him revenue equivalent to an attendance of 60,000. To put that number in perspective, $36 millon is a little over six times the amount Spanos donated to 527 separate groups to help reelect George W. Bush in 2004, putting him in the GOP’s top five. It is also roughly one-tenth the subsidy demanded by Spanos’s son, Dean, currently team president, to, again, prevent a move to Los Angeles and San Antonio.  “I don’t know how many cities are going to be willing to put up $400 or $500 million,” San Diego Mayor Jerry Sanders said of a possible relocation in light of San Diego’s dire financial situation. “But I take every city as a credible threat.”

And Squibb concludes his piece with this:

Most convincing of all is the simple fact that, at the very least, the American people have paid $7 billion in operating expenses for the privilege to watch football in the fall, and have not complained about the rising ticket prices or the thoroughly oppressive advertising included in the increasingly bullshit bargain. Instead, in the face of overwhelming evidence that the game is more dangerous and more profitable than ever before, the owners have decided that it is still not dangerous or profitable enough, and they have shut it down rather than hear otherwise. Those behind Scott Walker and the others like him have made a similar determination about the rights of American citizens. Collective bargaining, like collective ownership before it, is an unacceptable check on the flow of public monies into fewer and fewer private hands. History needs a push and our clients aren’t interested in being partners with your guys. In other words, Fuck You.

It should come as no surprise that I'm siding with the players in this particular labor dispute.  The chief reason for my support of the unions is the categorical refusal by owners to open up their books to attempt to justify the additional $1 billion that want to skim off the top.

The Short List - March 25, 2011

  • In Libya, it is clear some of the populace remains loyal to Qaddafi.

  • In Egypt, the Muslim Brotherhood rises in prominence, causing concern among the secular opposition groups.

  • It appears President Saleh of Yemen is preparing for an exit, but conditions are being negotiated, and there remains a great deal of uncertainty.

  • Thousands in Dara'a, Syria marched in protest of government killings of demonstrators from earlier protests.  The outburst of dissent in that country has been remarkable, and violent acts by the government seem to sustain the protests much as they did in Iran in 2009.

  • Japan has only begun to assess the extensive damage to its infrastructure following the earthquake and tsunami that befell the country two weeks ago.

  • As U.S. Special Forces trainers prepare to leave Iraq, there are concerns the 4,000 strong force they leave behind could become the private militia of Prime Minister al-Maliki.

  • As state budgets are tightened, unemployment benefits are on the chopping block.  Ten Year U.S. T-bills are trading at 3.39% this morning.


Thursday, March 24, 2011

What Kind Of Day Has It Been

  • As NATO appears to ready itself to takeover operational control of the intervention in Libya, the tide in the fight between Qaddafi and rebels appears to be turning. If a tipping point is near, look for events to start accelerating as the regime crumbles.

  • While the world is fixated on Libya, the Arab Spring continues in Jordan, Syria, and Yemen.

  • Spasm of violence between Israel and the Palestinians may be related to a split within Hamas.

  • Michele Bachmann moves yet closer to running for President.

  • Gentrification has had a serious impact on DC's demographics--the African-American population dropped by 11% in a decade and now barely forms a majority of the District's residents.

  • Meanwhile, I'm puzzled by the sudden interest in the (Constitutional) meaning of "war" in the United States. A notable change compared to the last . . . sixty years.

The Short List - March 24, 2011

  • In Libya, pro-Qaddafi forces have resumed attacks on rebel held cities.  In the U.S., President Obama has come under criticism from House Speaker Boehner over the mission and level of consultation regarding military intervention in Libya.

  • In Japan, even as power has been restored to the Fukushima Daiichi nuclear plant, there are many challenges that remain including potential salt build up linked to previous efforts to cool the reactors using seawater.

  • In Syria, there are reports the government continues to crackdown on protesters, killing several people.

  • In Yemen, President Saleh's control grows more tenuous as the web of tribes in the country start to turn on him.

  • The Justice Department and the SEC have been stepping up prosecution of U.S. companies allegedly perpetrating bribes to foreign governments.

  • As state budgets find ways to balance their budgets, support to municipalities is on the chopping block.  Meanwhile, the 10 year treasury rate sits at 3.39%, over half a point from the 52-week high of 4.01%.

  • Sen. Rand Paul mulls a presidential run, to ensure the Tea Party point of view is represented.

Wednesday, March 23, 2011

What Kind Of Day Has It Been

  • Tokyo drinking water is unsafe for infants, raising more fears about radiation.

  • Largely unnoticed, the conflict between Israel and the Palestinians seems to be heating up.

  • Rumsfeld has the nerve to criticize another administration's handling of a military intervention. Newt caught being completely inconsistent on Libya.

  • Crude.

Interesting Graphic

So I stole this from Ezra Klein, and I also stole regular viewing of xkcd.com from a friend of mine, but I thought this was an interesting graphic concerning radiation levels.

Click to Enlarge
You should definitely follow his less serious, but seriously funny comics through your preferred reader.  An example:


The Short List - March 23, 2011

  • In Libya, as the air strikes have been successful, managing the allies has not.  If you haven't,  read the account of the four NYT journalists captured and brutalized by the Libyan government.  The New York Times explores the diplomatic no-man's-land for ambassadors from the Middle East with governments in turmoil.

  • Elsewhere in the region, six people were killed by government forces in Dara'a Syria.  Jordan's King Abdullah II is blaming the country's prime minister for the lack of political change.

  • A report by Human Rights Watch claims the Ugandan police are guilty of torture and killings of their own citizens.

  • The Justice Department has sued on behalf of a former Illinois math teacher who quit after her request to complete the Hajj, or a Muslim's pilgrimage to Mecca, was denied.

  • The Affordable Care Act, often derisively referred to as "Obamacare," was passed a year ago this week. While legal challenges persist, even as calls for repeal have quieted, Republicans have failed to clearly articulate an alternative that would cover as many people.

Tuesday, March 22, 2011

What Kind Of Day Has It Been

  • The No Fly Zone over Libya got more complicated today, as Turkey blocked NATO's taking command of the operation. The United States, which is currently in operational control of coalition forces, is trying to extricate itself from that role as quickly as possible. AFRICOM, the youngest U.S. Combatant Command, is getting quite a bit of exposure from the Libyan operations.

  • Moshe Katav, former President of Israel, has been sentenced to seven years imprisonment for rape.

  • Romney accuses Obama of a "fundamental disbelief in American exceptionalism." That makes him a realist, right? Imagine, a President who makes foreign policy decisions on the basis of the national interest and not blind ideology.

  • More inconsistently fiscally conservative Republicans. I wonder how much the tax payers will end up shelling out in the inevitable taxpayer suit challenging this if it becomes law?

Presidential Power and the Libyan Intervention

Yesterday, a debate emerged over whether the President has the authority to order U.S. armed forces into action over Libya without Congressional ascent. Lawmakers from both sides of the aisle attacked the President for exceeding his Constitutional authority in launching attacks against Libya without prior Congressional authorization. While it is nice to see members of Congress cross party lines to defend Congress’s institutional prerogatives—something woefully absent when Republicans dominated Congress during the Bush Administration—the criticism here leveled is nonsense. Jack Goldsmith explains why here.

The Short List - March 22, 2011

  • The U.S. has achieved its immediate goals in Libya, and looks to hand off command to European forces.  Over night, a F-15E fighter jet crashed though no casualties are being reported.

  • The situation in Fukushima Daiichi may be stabilizing, according to a member of the US Nuclear Regulatory Commission.  However the impact of the radiation that has been leaking from the plant is hard to calculate at this point.

  • In Yemen, President Saleh has indicated he would accept an offer from the opposition that would clear they way for him to leave his office sooner then 2013.

  • The European Union agreed on parameters for a future bailout fund, giving member states access to up to $700 billion in emergency loans with low interest rates.

  • The Supreme Court rejected, without comment, a challenge that to the campaign restriction that limits an individual candidate from collaboration and coordinating directly with his party.  In semi-related news, a consumer advocacy group, The Media Access Project, has filed a petition with the FCC to require campaign ads to include notification of the biggest donors to the ad.

  • President Obama has asked federal workers to give him ideas on how to reorganize the twelve federal agencies that have some sort of purview over trade and export issues.

Monday, March 21, 2011

What Kind Of Day Has It Been

  • The UN Security Council rejected Libya's request for formal hearings regarding the ongoing coalition bombing of Libya pursuant to UNSCR 1973. Meanwhile, Tripoli has been bombed for the third night in a row. Reinvigorated, Libyan rebels advanced on Ajdabiya.

  • Ivory Coast, everyone's favorite forgotten sub-Saharan crises, gets worse.

  • TPaw edged closer to running for the GOP nomination.

  • Republican hypocrisy--or at least, inconsistency--continues. Color me unsurprised. This may just be yet another example of Lucy and the Football.

Jus Ad Bellum versus Jus In Bello in Libya

The law of armed conflict is a funny beast. It distinguishes between the law governing going to war (jus ad bellum) and the law governing rights and duties within an armed conflict (jus in bello). Curiously, whether an armed conflict is lawful under jus ad bellum has no bearing on whether the actions taken within that armed conflict are lawful under jus in bello. That is, even if one state invades another state in a blatant act of aggression (illegal), its armed forces may still lawfully target the armed forces of the invaded state and its combatants are still protected by combatant immunity. Similarly, the invaded state’s armed forces are not freed from their obligations vis-à-vis the enemy invading armed forces or enemy aliens present within its territory during the armed conflict.

Examining Libya through these lenses is an interesting exercise. For instance, had the United States or any of its coalition partners begun bombing Libya last Wednesday, the bombing campaign would arguably have been an act of aggression and, therefore, illegal under international law. Despite that hypothetical illegality, the bombing campaign could still be lawful so long as it conformed to jus in bello—particularly, proportionality, necessity, and distinction. On the other hand, a bombing campaign begun after UN Security Council authorization would be lawful under jus ad bellum but would be illegal under jus in bello if, for example, the coalition forces bombed indiscriminately.

These two separate but interrelated paradigms spring to mind today in the wake of the bombing of Qaddafi’s compound over night. The majority of the reporting has focused on the fact of the targeting and the claim by the coalition that it is not specifically targeting Qaddafi.

Now, whether the coalition is targeting Qaddafi or not, he is likely a lawful target from a jus in bellow perspective. He is the commander—and therefore a member—of the Libyan armed forces. The coalition—a group of several states—is engaged in hostilities using regular armed forces against Libya, another state, indicating that the coalition and Libya are in an armed conflict of international character. In such an armed conflict, the members of the armed forces are targetable 24/7 unless they have been rendered hors de combat.

However, from a jus ad bellum perspective, targeting Qaddafi may be a crime. Resolution 1793 authorizes the imposition of, among other things, a No Fly Zone for the protection of civilians. It is not immediately obvious how targeting Qaddafi’s compound furthers the imposition of a No Fly Zone for the protection of civilians. The compound is presumably fixed to the ground and not flying, nor presumably was the compound the site of an anti-aircraft or radar battery that targeted coalition aircraft.

Yet, UNSCR 1793 also authorize the use of “all necessary measures” to protect Libyan civilians. Such language is broad enough to excuse all manner of action—including, potentially, the bombing of Qaddafi’s compound. The compound may have been the base of Qaddafi’s command and control apparatus. If so, then the coalition forces may have determined it is necessary to disrupt or disable Qaddafi’s command and control to ensure civilians are protected. If so, then targeting the compound complies with the UNSCR and it is not violative of jus ad bellum.

The question is more difficult, however, when one examines the reporting of the first airstrike outside of Benghazi.

Closer to Benghazi, the tanks and missile carriers were blown to pieces as they faced the city. Farther south along the road, many of the tanks seemed to have been retreating, or at least facing the other way.
The fact that the tanks were apparently retreating from Benghazi and fleeing the airstrikes would seem to suggest that destroying them was not necessary to protect Libyan civilians. Unless, of course, we are to adopt a definition of necessary that requires the destruction of the whole of the Libyan military apparatus regardless of its current use against civilians.

Such a definition seems to be overly broad. However, it is likely the definition embraced by the coalition forces. Indeed, no other definition of necessity would be sufficient to achieve the apparent goals of the coalition: the ouster of Qaddafi. By destroying the Libyan military—at least those elements of the military loyal to Qaddafi—the coalition hopes to facilitate the anti-Qaddafi forces ability to route the government and take over the country.

The Short List - March 21, 2011

  • Over the weekend, allied forces under the authority of a UN Security Council resolution have imposed a no-fly zone over Libya, and have now started to target military assets not related to imposing a no-fly zone.  Qaddafi's compound was reportedly bombed, but allies forces say they aren't trying to kill Qaddafi.  **Programming Note: DCExile breaks down the legality of the allied attacks at 11am.**

  • The Arab League has called an emergency meeting to discuss reported, but unconfirmed accounts of civilian casualties in Libya.  Five Yemeni generals have called for the ouster of the President Saleh and thrown their support behind the protesters.  Protesters in Syria set fire to the Baath Party headquarters in Dara'a on Sunday.  The government responded by firing live munition into the crowds.  Oil jumped $2 in early trading today.

  • Japan continues to work to contain failed nuclear reactors there and prevent a meltdown.  There were reports over the weekend that elevated levels of radiation were found in some produce and in the water supply even beyond the immediate area.  The current death toll sits at 8,600 with 13,000 people missing.

  • AT&T has agreed to buy T-Mobile for $39  billion from Deutsche Telekom.  The merger is expected to face intense anti-trust review from government regulators, and if approved would create the largest carrier in the country.

  • The Wikileaks scandal continues, as U.S. Ambassador to Mexico, Carlos Pascual, has resigned after cables reveal that Pascual criticized Mexico's drug war.

  • Elections held in Haiti yesterday have been declared successful, despite poor logistics, reports of people voting twice, and low turnout.  **Editorial Note:  The economics of catastrophe, condensed.**

Friday, March 18, 2011

What Kind Of Day Has It Been

  • Qaddafi has responded to UNSCR 1973 by declaring a ceasefire but reports conflict as to whether clashes have ceased. Meanwhile, at least 40 protesters in Yemen were killed by security services there. The different treatment accorded the Saleh regime will likely prove to be a case study in realism.

  • A Wisconsin judge has issued a temporary restraining order preventing the effect of the anti-union signed last week. Wisconsin state judges are elected.

  • CBO dings Obama's proposed budget.

  • House Republicans are okay with preserving farm subsidies but not with preserving food stamps. Farm subsidies are bad policy pursued by Republicans and Democrats alike however cutting food stamps instead of farm subsidies seems to undercut the Republican's budget-hawk seriousness. It also tends to support the idea that Republicans are, in my colleague's words, anti-people.

The Short List - March 18, 2011

  • The UN Security Council has authorized military action to respond to Libyan government forces.  France has promised action to institute a no-fly zone will start soon.

  • Violent suppressions has slowed opposition movement in Bahrain, while in Yemen today security forces and pro-government forces opened fire on protesters killing at least 10 people.  In Saudi Arabia, King Abdullah has announced billions of dollars for new handouts and is taking steps to strengthen his security apparatus.

  • Mexico is defending the overflights by U.S. drones.

Thursday, March 17, 2011

Libya: Courage, Prudence, and War-mongering

My colleague's apt poem selection today brought my mind back to Libya.  Reading some thoughts on the day, I found this piece by Max Boot impugning the manhood of President Obama for not acting decisively with force against Qaddafi.  Mr. Boot's war mongering and call to arms is quite honestly shocking in both the sophomoric criticisms of Obama's machismo and blind belief in American triumphalism.

Mr. Boot calls Obama's response "vacillating" and declares, "It is not far-fetched to imagine a Barack Obama Boulevard in Tripoli if the president finally finds the courage to act."  Such appeals to vanity belittle the realities of war and the costs of the use of force.  It is a paradigm that sees a single tool for all tasks, the hammer.

Mr. Boot outlines how easy it would be for the U.S. to enforce a no-fly zone, "if we first neutralize Gadhafi's air defenses."  But of course, before they are neutralized, the must be destroyed which would likely necessitate putting American troops in harm's way.  Mr. Boot glosses over that part, lest we think the use of force is in fact a dangerous endeavor.

He tries to frighten us by declaring, "Given the way the U.S. and our allies have turned against Gadhafi, at least rhetorically, he could easily decide to seek revenge by returning to his old tricks. Considering that Gadhafi was responsible for the midair bombing of Pan Am flight 103 in 1988, among many other acts of terror, that is no idle threat."  Except the U.S. has not done anything but speak negatively of Qaddafi, a course of action that Mr. Boot spends his time decrying.  

Still, he erects more boogeymen when he says, " if he is able to keep power by force, it will encourage other Middle Eastern despots to emulate his example.... The Arab Spring could easily turn into a very dark winter that will arrest and reverse the momentum of recent pro-democracy demonstrations...the long-term winners will be al Qaeda and their ilk."  It is as if Mr. Boot believes the mere mention of Al Qaeda will compel people to act.  In truth, he draws some broad conclusions from a very specific situation, while entirely neglecting the on-going history of democracy through force in Afghanistan and Iraq.

To be sure, there are many different views on what we should do about Libya.  Here at DCExile, Ben and I have disagreed about whether to intervene or to not intervene.  Leslie Gelb writes in TheDailyBeast.com that if Britain and France and the Arab League believe so strongly in their ominous warnings, they have the ability to act independent of the UN and the United States.  I am certainly frustrated by others seeking the shade of our military umbrella when it suits them, then shouting at us when they want to be in the sun.  Will Wilkinson also criticizes Mr. Boot, but comes down firmly on the side of a libertarian ilk, which feels too isolationist to me.

There are not easy answers to this problem, but Max Boot seems all to willing to embrace a bloody solution who's motivations lie in a misbegotten sentiment of American triumphalism while grossly ignoring our recent history with democratizing military adventures.

A Saint Patrick's Day for Libya

As the UN Security Council mulls a resolution authorizing a No-Fly Zone and “other measures” for Libya, and as Qaddafi presses the attack against rebels in both the East and West of Libya, I am reminded of Pearse’s words from The Rebel:
And I say to my people’s masters: Beware
Beware of the thing that is coming, beware of the risen people
Who shall take what ye would not give.
Did ye think to conquer the people, or that law is stronger than life,
And than men’s desire to be free?
We will try it out with you ye that have harried and held,
Ye that have bullied and bribed.
Tyrants… hypocrites… liars!
Pearse was executed in the wake of the Easter Rising some 95 years ago.