Sexual and emotional abuse can now become a feature of a typical contract dispute?

Not interesting: Kesha is suing a record company to get out of a contract signed when she was unknown.

Interesting: the “why I should win this contract dispute” argument features the kind of abuse allegations that are conventional in American’s divorce litigation system (see “The Domestic Violence Parallel Track” and the litigation chapter for an overview; see the Colorado chapter for example attorneys’ perspective on how commonly the abuse angle is worked). This Hollywood Reporter article gives some of the details of what a court is supposed to try to untangle.

Family law seemed like a bit of an outlier in American litigation. According to the older attorneys we interviewed, the pre-no-fault system featured lurid evidence regarding adultery and, now that most of the cash goes with winning custody of children, lurid testimony regarding child abuse has become standard in the no-fault age. But I’m wondering if, now that women are more commonly parties to contract, this is the future of contract law disputes as well. The dull-as-paint-drying discussions about legal fine print will be overshadowed by testimony about what happened in a dark bedroom.

According to this 2015 Billboard article, California law has recently been changed in this area:

If the two had contracted with each other more recently rather than a decade ago when Kesha was 18, the result might have been different. Kesha’s attorneys told the California judge that the state laws on sexual harassment and gender violence have been amended to include anti-waiver provisions, meaning that no contract can foreclose a grievance under the statutes, but Scheper responds that the provisions only apply to agreements made after January 1 of this year.

Fortune magazine covers the case more comprehensively but leaves out an analysis of the extent to which Kesha would profit financially from being free to sell her future recordings to the highest bidder.

Readers: What do you think? So far it doesn’t seem to have won the day for Kesha, but will this angle be used by more women involved in contract disputes?

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Why not let teachers get paid to stay home?

A minority of Americans are passionate about our country having world-class K-12 schools. Yet imposing Finnish-style academic standards for teachers to get to the performance levels described in Smartest Kids in the World is a non-starter politically. Our revealed preference is that the first and most important function of a public school system is a welfare system for employees.

I’m wondering if there isn’t a way to satisfy both sides of the debate, thereby enabling the next generation of children to grow up with a “Finnish-grade” education. What if we fully embrace the the concept that public schools are first and foremost a welfare system for employees? Tell teachers and administrators that if they don’t feel that they are doing a great job and/or aren’t engaged by their job, they can simply go home and still collect the same paycheck and pension. Kind of like New York City’s rubber room system except that the real estate and maintenance cost will be lower (since teachers will be at home instead of in a school-provided room).

At that point there can be a clean slate for hiring new teachers and, if so desired, we can be like Finland and require high academic achievement for those going into public school teaching. (The “stay home and get paid for the next 50 years” deal wouldn’t extend to new-hires.)

Won’t it be expensive to pay both at-home teachers and in-school teachers? Yes, but maybe not as bad as it looks. The teachers who stay home to be paid will be more senior and, due to the seniority-based payscale, their paychecks correspondingly much larger than anyone newly hired. Money currently being spent on administrative and legal efforts to fire bad teachers will be saved due to the fact that, for those teachers regarded as “bad” who haven’t already gone home, a school system can just ask them to switch over to the stay-at-home status.

Readers: What do you think? It sounds a little crazy to pay teachers not to work, but isn’t it even crazier to pay teachers to come in and impair our children’s future prospects through incompetence?

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Massachusetts residents feeling superior to folks in Iowa

A Facebook friend who lives in Cambridge posted a link to a story about Iowa considering changing its laws to allow children to shoot pistols under parental supervision (the change). This yielded a rich harvest of comments from Massachusetts Facebookers:

  • Just reinforcing the following… IOWA – Idiots Out Wandering Around!!! And I thought “Floriduh” was the #1 state for stupidity!
  • UnFUCKINGly deranged.
  • Facebook missed out on the WTF emoticon for things like this
  • Horrifying. I am getting so I just don’t want to know what shit this country can come up with next. We are ceaselessly horrifying. It’s depressing.
  • Can t believe this is possible!
  • Another side effect of Trumpification of America
  • Unbelievable!
  • They have truly gone insane.
  • Omg! What the Hell is going on with this country!

I’m not a gun owner so I don’t have an informed opinion regarding the law. What was interesting to me is the psychology behind the discussion. It turns out that if the change were adopted in Iowa, the result would be the same as the prevailing law in Massachusetts and most other states, i.e., that children can shoot pistols when with their parents. All of these folks were so eager to feel superior to Iowans that they didn’t bother to check the status of the law in their own state.

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Japan has its own Theranos

Elizabeth Holmes managed to convince investors in Theranos that being young and attractive was worth more than Siemens’s drawers full of experienced German chemistry PhDs. New Yorker has an article on a vaguely similar situation in Japan:

The revolutionary behind the work was Haruko Obokata, a thirty-year-old postdoctoral researcher who was the first author on both papers. With the publications, Obokata—a stylish, self-possessed beauty, uncommonly adept at maneuvering in the mostly male world of Japanese science—was hailed as a maverick. “A brilliant new star has emerged in the science world,” an editorial in the Asahi Shimbun read. “This is a major discovery that could rewrite science textbooks.” As an outsider—young, female, and not an established stem-cell biologist—Obokata, the newspapers argued, was unhindered by conventional notions of what cells can and cannot do. Her fresh perspective, coupled with dogged work and natural genius, had conspired to create one of the great scientific breakthroughs of the twenty-first century.

… The papers created an international sensation, and in Japan Obokata became a celebrity—an icon of the country’s future preëminence in the sciences, and of the new Japanese woman. …

… Five months after publication, both STAP papers were retracted, under intense scrutiny and growing doubt about their validity.

The article notes that scientific papers should be approached with skepticism:

Reproducibility has been an essential step in the scientific process since the Enlightenment, and it is currently the subject of a great deal of angst in American science. In 2012, a former research director at the pharmaceutical company Amgen reported that he and his colleagues had attempted to reproduce the findings of fifty-three prominent papers. Only six panned out—a validation rate of eleven per cent.

But the author fails to reference the classic 2005 work “Why Most Published Research Findings Are False,” by John P. A. Ioannidis (not young and attractive enough for the Wikipedia contributors to have added a photo to his page).

As with most American writing about science (contrast to British), the explanations are confusing and little attempt is made to communicate scientific concepts. Nonetheless it is an interesting article.

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How do airships avoid being destroyed by thunderstorms?

I’m sure that this was a solved problem 100 years ago, but I can’t figure out how. An airplane can avoid a thunderstorm by flying around it. But an airship is so slow that I don’t see how it can escape a frontal squall line. Landing and waiting out the thunderstorm is a standard technique for an airplane or helicopter, but that works because (a) the aircraft is much faster than any front moves, (b) there are a lot of airports with hangars and/or tie-downs, (c) aside from hail, a thunderstorm is not hazardous to a tied-down airplane or helicopter (with the blades tied down).

“Helium Dreams” is a New Yorker article about various companies trying to make cargo blimps. It doesn’t address the above question, however. A blimp hangar is a rarity and some of the new airships they discuss would seemingly be too big to hangar anywhere. Is it possible to tie a blimp up so that a thunderstorm won’t harm it? We must have some experience with advertising blimps, which often are operating in cities that lack blimp-size hangars. But if the airship is going over an ocean?

How does it work to combine an airship with real-world heavy weather?

[The article has some other interesting points. The market for cargo blimps is non-existent, but there is already plenty of litigation: “most of the airship designers I talked to had competed for the same Defense Department funding, and engineers skipped in and out of one another’s projects, their lips supposedly sealed but probably not, and so there were squabbles, lawsuits, and settlements.” It seems that military-funded technology gets a sharp discount in the civilian world: “[English airship engineer Roger Munk’s] Skycat design had been awarded a five-hundred-million-dollar contract from the U.S. Army. The Army wanted a surveillance ship that could fly twenty thousand feet above the war zone in Afghanistan for weeks at a time. The team in Bedford, under contract to Northrop Grumman, built the ship, and the Army named it the Long Endurance Multi-Intelligence Vehicle, or LEMV. On August 7, 2012, it made its first test flight, at Joint Base McGuire-Dix-Lakehurst, in Lakehurst, New Jersey, the same field where the Hindenburg exploded. … But the budget sequestration in 2013 abruptly ended the Army’s experiment, and the blimp was auctioned for scrap. Hybrid Air Vehicles paid a little more than three hundred thousand dollars for it, dismantled it, packaged it in dozens of wooden crates, and sent it, by ship, back to Bedford, [England].”]

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Young Artists with the Coeur d’Alene Symphony

Every year the Coeur d’Alene Symphony puts on a Young Artist concert with soloists who’ve won a competition. I attended last year and especially enjoyed Mona Sangesland on the flute and Thomas Cooper playing the violin. This year’s concert proves that there are a lot of hard workers among America’s youth. Sarah Hall kicked off the concert with the Saint-Saens Introduction and Rondo Capriccioso, coaxing a beautiful rich warm Old World tone out of her 1697 Testore violin. Sarah Cooper then sang Handel and Mozart arias with great assurance. From the Department of Making Others Feel Better About Their Accomplishments, 17-year-old Edison Tsai played part of a Schumann piano concerto. When he’s not playing the piano, he’s finishing his PhD in Electrical Engineering at Portland State University (target date: next year). Brenda Miller achieved tremendous dynamics in a Saint-Saens piano concerto. Laura Pillman challenged the audience with an Ibert flute concerto. Tasha Koontz won the professional category and dared to bring one of the most familiar arias from La Traviata to the stage. She carried it off wonderfully. Fortunately for the audience there was no “You must be taller than this line to play with the orchestra” sign to keep out 12-year-old Yesong-Sophie Lee of the Heatherwood Middle School in Mill Creek, Washington. She first soloed with the Seattle Symphony at age 8. Lee played Franz Waxman‘s adaptation of Carmen originally intended for Jascha Heifetz. The audience went nuts for Lee. (People in Idaho don’t read David Brooks in the New York Times and therefore mistakenly believe that playing the violin at a professional level is some sort of accomplishment.)

One great part of the concert was the intimate size of the hall, within the Kroc Center. Classical music has been done a disservice, in my opinion, by today’s enormous halls.

Related:

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Gates Foundation statistical error repeated in the New York Times?

“In College Endowment Returns, Davids Beat the Goliaths” starts off by pointing out that small college endowments and large ones had roughly the same return:

the smallest endowments— those under $25 million — edged out the biggest endowments, averaging a five-year annualized return of 10.6 percent to the $1 billion-plus category’s 10.4 percent.

[Don’t expect these returns going forward for your own portfolio! We’re still getting a dead cat bounce from the Collapse of 2008.]

Curiously, the Times considers 10.6 versus 10.4 to be a significant difference in favor of the smaller endowments, but the real story is in the next paragraphs:

Even more surprising, the top-performing endowments over 10 years among all schools reporting data weren’t giants like Harvard and Stanford or even Yale … the top-performing colleges are two Virginia universities whose financial resources amount to a negligible fraction of the typical Ivy League endowment. … Radford University, which ranked first, has an endowment of $55.5 million, and Southern Virginia University, which was second, has an endowment of just $1.1 million. Radford’s annualized 10-year return is 12.4 percent, and Southern Virginia’s is 11.2 percent. For the most recent fiscal year, 2015, Radford earned over 13 percent and Virginia Southern’s return was 10.5 percent. The average return last year for all endowments was just 2.4 percent.

Should we be surprised that a particular portfolio of $1.1 million outperformed a portfolio of $37.6 billion? Perhaps, but not if there is a bell curve of performance and there are a lot more $1.1 million portfolios than there are $37.6 billion ones.

The Gates Foundation went down this road after finding that a lot of the best high schools in the U.S. were small. The conclusion was that smallness leads to better academic performance. It later transpired that small high school performance fell on a bell curve, just the same as large high schools, but with a somewhat higher standard deviation (and therefore it was easier to find good-performing small schools). See this analysis in Marginal Revolution. (And, of course, don’t forget that a high school falling on the center of the U.S. bell curve would be considered an emergency situation in Finland, Shanghai, Singapore, or South Korea! See “Smartest Kids in the World Review”.)

Readers: Did the New York Times fall into the same statistical trap that led the Gates Foundation to squander hundreds of millions of dollars? If so, why are we so prone to this one? Can we blame the lack of emphasis on null hypothesis testing in AP Statistics?

 

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What do Al-Qaeda members think of light aircraft?

Guantánamo Diary by Mohamedou Ould Slahi contains a Jihadi’s view of light aircraft. Our tax dollars paid for him to fly from Senegal to Mauritania to Jordan to Afghanistan to Cuba. Here are Mr. Slahi’s notes on the trip from Senegal to Mauritania:

But it didn’t take very long to realize I had my own plane to myself. As soon as the guy returned with my stamped passport, all five of us stepped toward the runway, where a very small white plane was already running its engines.

The plane was as small as it could be. We were four, and barely managed to squeeze ourselves inside the butterfly with heads down and backs bent. The pilot had the most comfortable place. She was a French lady, you could tell from her accent. She was very talkative, and rather on the older side, skinny and blond.

The bigger guard and I squeezed ourselves, knees-on-faces, in the back seat, facing the inspector, who had a little better seat in front of us. The plane was obviously overloaded.

I heard her at one point telling him that the trip was only 300 miles, and would take between 45 minutes and an hour, depending on the wind direction. That sounded so medieval.

I hate traveling in small planes because they’re shaky and I always think the wind is going to blow the plane away.

My company seemed to have a good time checking the weather and enjoying the beach we had been flying along the whole time. I don’t think that the plane had any type of navigation technologies because the pilot kept a ridiculously low altitude and oriented us with the beach.

The account of the trip from Mauritania to Jordan is hard to reconcile with geography. This is a 2600-mile (nautical) trip so a fuel stop makes sense, but not in Cyprus, which is about the same distance from Mauritania as Jordan. And it certainly wouldn’t make sense to make a fuel stop between Cyprus and Amman, which is what Slahi describes. Maybe this is why the U.S. government has been interrogating him for 15 years. There is no way to get a straight story out of him! (The one area where Slahi is consistent and clear is in assigning blame for terrorism: “The whole problem of terrorism was caused by the aggression of Israel against Palestinian civilians, and the fact that the U.S. is backing the Israeli government in its mischiefs.”)

 

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Stick a fork in American meritocracy?

We like to think about the U.S. as a meritocracy compared to Third World countries and Old World countries. Achievement is how you get to the top. But what would young people see when they look at recent Presidents and Presidential candidates?

  • George W. Bush: son of former president
  • Barack Obama: supported by many voters on the basis of his skin color
  • Hillary Clinton: wife of former president; supported by many voters on the basis of her current gender identification (but will Hillary still identify as a woman in January 2017?)
  • Donald Trump: child of rich parents

We would have to go back 24 years, to the 1992 election of Bill Clinton, to find an example of meritocracy in action at the Presidential level. How will parents be able to tell their children “You could grow up to be President” if there are hereditary, marital, skin color, or gender requirements?

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