- REASON LEllERS Publisher Robert W Poole, Jr Editor Virginia I Postrel

Assistant Editors Charles Oliver Jacob Sullum Asst. Managing Editor Rick Henderson Art Director Andrea Reibsamen Production Editor Eric K Gill Washington Editor Martin Morse Wooster Editorial Assistant Mary Toledo ~ ~ The lTC is committed to enforcing the Phssociate Publisher Bryan E Snyder antitrust laws in ways that make Circulation Director Steve Willard economic sense and benefit consumers. PUbliC Affairs Director Kevin D Teasley Food Fight Advertising Manager David Meleney The commission places great weight on Thomas J. DiLorenzo (“Turning Back the the 1982 Department of Justice Merger Contributing Editors Doug Bandow Tom Bethell Clock,” Nov.) called the Bush Guidelines when deciding whether to James Bovard David Brudnoy administration’s antitrust policy a retreat challenge an acquisition. As the Steven Hayward Thomas W Harlett from the economic common sense cham- guidelines note-and our actions sup- [David R Henderson T A Heppenheimei John Hood Loren E Lomasky pioned by the Reagan administration. Mr. port-concentration figures alone do not Mchael McMenamin Steven W Mosher DiLorenzo uses as his sole support the make a merger anticompetitive. The com- Stanton Peele Federal Trade Commission’s action chal- mission made the right decision to chal- William Tucker Paul H Weaver Walter E Williams Karl Zinsmeister lenging Red Food Stores’ acquisition of lenge the acquisition and to accept a the Chattanooga Kroger supermarkets. settlement that will increase competition Editorial, Advertising, and Production Offices President Reagan appointed all of the in the Chattanooga market. 2716 Ocean Park Blvd , Suite 1062 commissioners who voted to challenge Kevin J. Arquit Santa Monica, CA 90405 the acquisition. Later, Bush appointees (213) 392-0443 Director approved a settlement of the complaint Bureau of Competition Washington Office Circulation Service that the Reagan-appointed commission Federal Trade Commission PO Box 8093 PO Box 526 Silver !Spring. MD 20907 Mt Morris, IL 61054 had issued. Washington, DC (301) 565-7820 (815) 734-6309 Additional inaccuracies and half- truths fill the article. For example, the Mr. DiLorenzo replies: Rather than Founding Editors: lTC never alleged that competition and defending the Bush appointees to the Manuel S Klausner, Tibor R Machan, Robert W Poole, Jr low prices kept new supermarkets from FTC, Mr. Arquit has damned them with entering the Chattanooga market. The his faint praise of their actions in the Red

REASC’N is published by the . a RCchallenged the acquisition because it Food case. He boasts that the only action 501(c)i:3) nonprofit educational foundation engaged unduly increased concentration in the taken by the Bush appointees “was to in public-policy research. Contributions to the Chattanooga market and made entry dif- approve a settlement of the complaint.” Reason Foundation are tax-deductible Signec articles in REASON reflect the ficult. Indeed, Red Food Stores’ internal But the “settlement” was apparently views of the authors and do not documents showed that it made the ac- forced on Red Food after a district court necesaarily represent those of the Audit43 Bureau quisition to preempt entry and expansion judge had thrown the case out, arguing editors. the Reason Foundation, of Circulations or its trustees. Member by its competitors. Red Food did not have that “the lTC has not shown a likelihood any efficiency reasons for buying addi- that Red Food, if it acquires the Kroger tional stores. stores, will be able to exercise market rFr1Reason Foundation In addition, the commission did not power.” The judge also noted that the overlook past entry by “grocery giants” merger would save 400 jobs. Trustees: Bernard Baltic. Frank Bond, Joseph E Coberly, Joseph H Coulombe. A&P, Wint-Dixie, and Giant Foods into Former FTC chairman and Reagan ap-, Robert W Poole, Jr. Tony Jackson, Norman Karlin. Manuel S Klausner, Chattanooga. These and other chains pointee Daniel Oliver strongly objected David H Koch, Robert W Srniley, Jr were not successful, suggesting that entry to bringing the case in 1989 on the basis Presidmt: Robert W Poole, Jr into the market was not easy. that it “was not supported by commission Senior Vice President: Bryan E Snyder Finally, Mr. DiLorenzo refers to a precedent, applicable case law, economic Vice Pwsident, Research: Lynn Scarletl Chamber of Commerce survey for one theory or the realities of the Chattanooga Director of Public Affairs: Kevin D Teasley quarter in 1988 showing low grocery market ....It’s a throwback to an earlier era Director of Educational Programs: Greg Rehmke prices in Chattanooga. Yet before that when the commission was more con- Bookkeeper: Ellen Baker Office Manager: Donna Lee Braunstein quarter, surveys usually showed that cerned with abstract measures of con- Public Affairs Assistant: Mario E Clemente Chattanooga’s grocery prices were centration than with competitive realities Research Fellow: Nick Davis higher than its general cost of living and consumer welfare.” Volunteers: Mike Griffin. Kitty Hedrick,Mark Lewis index. In fact, in 1987, Chattanooga’s Bush antitrust appointees have Steven i’iper. Gayle Teufel grocery prices were higher than the reverted back to the “bad old days” when Legal Adviser: Don Franzen nation’s average. market concentration was used (and

10 reason MARCH 1991 LETTERS You deserve a factual look at ... Hussein and Arafat - Birds of a Feather EHow they engineered the bloody events in Jerusalem abused) as a measuring rod of competi- On Monday, October 8,1990,on the Jewish festival of Succoth, about 20,000 Jews assembled for tion. Mr. Arquit’s reference to “unduly prayer at the Western Wall in Jerusalem, the holiest place in the Jewish religion. Two mosques are also located on Temple Mount, high above the Wall. Because of the indulgence and respect increased concentration” implies that he for other religions, the Israeli authorities allow them to operate freely and fully under the possesses special knowledge of the “cor- jurisdiction of Moslem religious authorities. Suddenly and without any provocation, whipped into a frenzy by their clerics, a raging mob of 4,000 Moslem Arabs stormed out of the mosques rect” amount of market concentration. and loosed a barrage of rocks, bricks, and Molotov cocktails on the worshipping crowd below The idea that any can possess them. Twenty-eight people were severely injured. By miracle, nobody was killed. The mob then attacked the Israeli police post and set it afire. The police responded, first with tear gas and then such knowledge is an example of Hayek’s rubber bullets. When those ran out and when 40 police were at the point of being lynched they “fatal conceit,” which pervades antitrust opened fire with live ammunition. Twenty Arabs died and twenty martyrs had been created. that a few hundred Jews would also die in that thinking, especially among lawyers. What are the facts? fusillade of rocks. But, by great good fortune, Mr. Arquit’s condemnation of Red =There is no question in anybody’s mind that that turned out not to be. Food on the grounds that its “documents the bloody incident was engineered and orga- .One ofSaddamHussein’sandYasserArafat’s nized by Saddam Hussein, the “Butcher of main themes is the linkage of any possible showed that it made the acquisition to Baghdad”, and Yasser Arafat, the master ter- withdrawal from Kuwait with a demand for preempt entry” suggests he believes that roristand “president”of the non-existent state Israeli withdrawal from the “West Bank. This of“Pa1estine’.After virtually every Arab leader is a ludicrous proposal and, so far at least, a company can be found guilty of violat- has turned against Hussein, Yasser Arafat re- most of the Western.world has called it just ing the antitrust laws merely by having mains steadfastly loyal to him. And why not? that. If the world’s minorities problems must the “wrong” intentions, as defined by Both have the destruction of Israel at the very be solved, why not address the “Irish ques- top of their agendas -- in fact Arafat has no tion”, which has been festering for centuries? government overseers, regardless of the other agenda; he surely doesn’t care at all Why not settle thc !e-old grievances of the effects of its actions. It is ominous that about the fate of Ku- Basques, those of the wait. The bloody inci- ethnic Albanians in antitrust regulators like Arquit believe in dent on the Temple Yugoslaviaand, closest prosecuting businesses based on Mount served the pur- to home and right in poses of both. They Iraq, the justified de- presumptions about the businesses’inten- rightly expected that spair of the Kurds, tions rather than their actual behavior. it would take, at least whose aspirations Mr. Arquit displays a misunderstand- temporarily, the heat Saddam Hussein and the focus off “solves” by poison gas- ing of basic economic principles when he Saddam Hussein and sing thousands, and by says that Red Food “did not have any had the potential to forcefully relocating weaken the tenuous the rest? Iraq has an- efficiency reasons for buying additional common front be- nexed Kuwait in an act stores.” Voluntary trade is efficient when- tween the United of aggression moti- States and our new- vated by greed. Israel ever both traders are better off-other- found Arab “allies”. As came to administer wise they wouldn’t trade-and no one is to Arafat, the incident (not to annex!) the worse off. The Red Food merger was was certain to put the Birds of a Feather: Saddam Hussein and Yasser “West Bank and the problem,,, Arafat, twoenemiesofthe U.S. in lovlngembrace. Gaza strip as the result certainly efficient in this sense. which because of the ofitsvictory in the Six- The grocery business also has sig- troubles in the Gulf had taken a back seat, Day War. Israel has always been ready to once again into the spotlight. That twenty negotiate the ultimate status of these territo- nificant economies of scale. Red Food PalestinianArabs had diedwasasmall price to ries. It promised to do so in the Camp David uses a low profit margin/high volume pay, because human life is cheap for both Accords as the result ofwhich it also returned pricing strategy; the merger would have Husseinand Arafat. Naturally, they had hoped the vast Sinai Peninsula to Egypt. increased its volume, making it easier to By his actions and by his statements, Yasser Arafat has clearly demonstrated that he is a bird of pursue this low-price strategy, all to the the same feather as Saddam Hussein. Arafat’s immediate ambition is to shift the focus of interest benefit of consumers. from the Gulf to Israel, in order to gloss over the crimes of Hussein,tochange the conflict of the World vs. Iraq into the conflict of the Arabs vs. Israel, and thus to break up the fragile coalition Because several large food chains between the United States and its Arab “allies”.The recent bloody incidents in Jerusalem were have left Chattanooga, argues Mr. Arquit, clearly provoked for that purpose by Arafat and the PLO, in connivance with Saddam Hussein. “entry into the market was not easy.” But Regrettably, the United States in great haste, without even ascertaining the facts, and in order to curry favor with our new Arab “allies” (among them the murderous Syrians), introduced a the exit of those firms is evidence of what resolution into the Security Council of the United Nations that condemned Israel’s actions. a low-price competitor Red Food was. It was in fact widely reported in the local This ad has been published and paid for by ------media that the FTC accused Red Food of Ff?s,lwant to help the publication of these ads and in I clarifying the situation in the Middle East. I include charging excessively low prices. Con- tax-deductible contribution in the amount of sumers benefited because “entry was not FLAME Rl31 Facts and Logic About the Middle East I My contribution is in the amount of$50 or more. easy,” for low prices made (and still P.O. Box 590359 San Francisco, CA 94159 Please send me your booklet containing twenty of the ads make) entry difficult. If Red Food FLAME is a tax-exempt. non-profit educational 501(c)(3) I that you have published in the national media over the organization. Its purpose is the research and publication of last two years. charged monopolistic prices, as Mr. Ar- the facts regarding developments in the Middle East and I exposing false propaganda that might harm the interests of quit suggests, entry would be very easy the United States and its allies in that area ofthe world. Your indeed. tax-deductible contributions are welcome. They enable us to pursue these goals and to publish these messages In national As to Mr. Arquit’s statement that in newspapers and magazines. We have virtually no overhead. State - Zip- Almost all of our revenue pays for our educational work, for 1987 grocery prices in Chattanooga were these clarifying messages, and related direct mail. I Mail to: FLAME, P.O. Box 590359, San Francisco. CA 94159 above the national average-so what?

MARCH 1991 reason 11 m Does this Japanese model outperform famous European luxury pens? LE-TTERS Ceramic Pen Relative prices are always changing in a even better deal! competitive economy. Such aggregate statistics, uninformed by sound f you%e ever had occasion to write with one of th Ipean pens, you know what marvelous products economic reasoning, are useless. ing with them is a joy. It is almost effortless. The p float across the paper-ven your thoughts seem t freely. The substantial drawback, however, as wit other nice thin s, is that the rice of these luxury pens is Ceramic Pen awfully high. ItsB eas to spend g150 or more on one of them. Not in the Plan Our Japanese frienis have created their own version of thes8e luxury pens. They are e ually pleasing and quite miles lurr~.That is enough tu write n me- William D. Eggers’s article, “Pruning similar in a pearance, heft and %el. They have the same dium-he novel. But hi-lacquer fnish, the same fine gold-tone accents and just in case your literary The Plan” (Dec.), about population the same gold-plated clip as the famous European lux- requirernents gu bryund thnt, we include not just one growth and land-use planning in Fort urz-,pens. The exclusive ceramic writing tip provides hiit tuw extra tips with tuw si1 smooth, effortless writin It will never flatten, extrn ink resruoirs. Collins, Colorado, revealed his (and stall or skip, even after harfest and longest use. Tlhe most remarkable thing about the Fu iyama Ceramic Pen is its price. We are the your) bias in the subtitle, “When No- exclusive distributors and are therefore abie to offer it for just $39.95. But, we have Growth Sentiment Threatened To Choke an even better deal: Buy two for $79.90, and we’ll send you a third one, with our complimentsabsolutely FREE! Discard those tacky ballpoint pens and those clum- Prosperity ....” There is a definite relation- sy felt tips. Write smoothly and easily, give character and good appearance to your ship between population growth and wrilin And make a really reat buy, an even greater one if you take advantage of our &or-2 better deal”. 8et with it-get your Fujiyama Ceramic PenW today! prosperity, but it is an inverse one. As an example, I cite the current winner in the FOR FASTEST SERVICE, ORDER For quantity orders (loo+ ), call Ernest Gerard, TOLL FREE (800) 882-3050 our WholesalelPremium Manager at (415) 543- “economic development” contest: Japan. 6570 or write him at the address below. 24 hours a day, 7 days a week It has one of the lowest population Please give order Code #480OA651. If you prefer, since 1967 I.. mail check or card authorization and expiration. . growth rates in the world and virtually no We need daytime phone # for all orders and issu- ing bank for charge orders. Add shippinghsur- immigration. Switzerland is another ex- ance: $4.95 for one; $6.95 for three. Add sales tax ample. There are no examples I know of for CA delivery. You have 30-day return and one- vear warranty. We do not refund shipping charyes. 131 Townsend Street, San Francisco, CA 94107 that would prove growth produces prosperity. Certainly some land speculators and developers get rich, but the key question is, Who profits and who pays? Mr. Eggers quoted me incorrectly and out of context in the beginning of his article. It would appear that was done intentionally to make me seem like an our hundred thousand American troops have been ordered to the Persian unreasonable extremist because later he F (7.,u If-the largest deployment outside the United States since the Vietnam strongly implies that those of us opposed the Institute War. In a series of papers Cato considers the questions that must to growth are zealots, closet racists, com- be answered before offensive action is taken: What is Congress’s constitution- munists, misanthropes, and radical en- the marketplace cope with Saddam’s threat to our oil vironmentalists. Eggers was apparently bamboozled into thinking that the growth here is oc- curring in a free marketplace with mini- mal government interference. Nothing could be further from the truth. Of course the Chamber of Commerce is pushing for more growth, and it is supported with thousands of dollars in tax money paid by the city, school district, etc. in the form of dues. Also, the real estate salesmen and developers are chas- ing smokestacks with their own self- styled “Fort Collins, Inc.,” which they fund with around a quarter of a million dollars a year in order to generate growth. The city has one full-time and several other deeply involved staff members paid with our tax money to work on

MARCH 1991 LETTERS Increase your hearing range by a fact east lox, with.. . PowerVox IV ‘economic development,” which is only $292* ‘Chamberspeak” for “generate growth.” *But read this ad for an even be Fort Collins is growing because it is he instructions to the PowerVox IV caution you jrofitable for developers. Our politicians Tto have the control on ”very low” when you the instrument. If you do not, it could ire not making growth pay its own way ::&%e daylights out of you. The thing is truly ind are forcing all of us to subsidize it. astonishing and in a way almost unbelievable until ou try it and convince yourself. Put Recent bond issues for a new county jail PowerJox 1V in your shirt pocket and realize to ind new schools are an example. There your amazement that you can hear whispered conversations up to 50 feet away, a pin drop jhould have been an impact fee on new 10 feet away, and even hear what people are :onstruction to collect up front from the talking about in the next room. A walk through iewcomers who have generated the need woods will reveal birds, deer, s uirrels and even little mg If comes with afufl com- crawly thin s that you never wojd have known about other- plement Of The For this new public construction. Instead, wise. It reafy increases your ran e of hearing by at least 10 x ! 9v Isnot lncfuded Rodelvox PowerVox IV comes witi a full complement of attachments: Belt/Pocket Clip, this debt is being spread to all of us and Bud-Style Earphones, and 20’ Head hone Cord (for TV). Batteries are not included. passed on to future generations. We are the exclusive importers of godelvox electronic instruments and can therefore bring you this startlin product for just $29.95. National catalog houses sell almost The bonded indebtedness of Fort Col- identical devices for $f9.95 or more. But, we have an even better deal Buy two or lins in 1989 was over 41 times greater $59.95 and we71 send you a third one, with our compliments-absolutely FREE! in- hance your ran e of perception, hear things you never heard before, and find out than it was nine years ago. That does not things you coul%n‘tknow otherwise. Get your Rodelvox PowerVox 1V today! include our share of debt through the FOR FASTEST SERVICE, ORDER For quantity orders (loo+), call Ernest Gerard, school district or the county. That does TOLL FREE (800) 882-3050 our WholesaleE‘remium Manager at (415) 543- 6570 or write him at the address below. not include bonds issued for water, sewer, 24 hours a day, 7 days a week Please give order Code #4211A652. If you prefer, and storm drainage. It does include nearly mail check or card authorization and expiration. We need daytime phone # for all orders and issu- $70 million in bonds issued to subsidize ing bank for charge orders. Add shipping/insur- an Anheuser-Busch brewery. Are tax- ance: $4.95 for one; $6.95 for three. Add sales tax for CA delivery. You have 30-day return and one- payer subsidies like that your idea of a year warranty. We do not refund shipping charges. 13 1 Townsend Street, San Francisco, CA 94107 free-market economy? If we made growth pay its own way up front, with impact fees, we would find that growth is not so inevitable after all. Thomas P. McKenna YOUR RIGHT TO SELF-DEFENSE Fort Collins. CO The power of firearms has created controversy throughout western civili- zation over the citizen’s right to own WILLIAM D. EGGERS’S article is fraught weapons. That Every Man Be Armed with errors and misconceptions. Not only is the most complete book on the phi- is it completely slanted in favor of the losophy, history, and legal precedent development community, it is patently that the right to possess arms is as unfair to the residents of Fort Collins who fundamental as is freedom of speech. are concerned enough about the negative “The need for careful, impartial information effects of growth to spend free time work- makes Stephen Halbrook’s book especially ing on growth- and development-related welcome. . . . Comprehensive and well-written.” problems. --GEORGE WASHINGTON LAW REVIEW Pikes Peak is 120 miles from my home “That Every Man Be Armed is the first scholarly treatise that is both comprehensive and cannot be seen from any point in the and in-depth.” subdivision, let alone the living room of -JOURNAL OF CRIMINALLAW AND my home. I am 56, not in my mid-60s, nor CRIMINOLOGY have I lived in Fort Collins for 42 years “The encyclopedic book on the Second (28 actually). Developments ascribed to Amendment, it is must reading for all those interested in the right to possess firearms.” the Land Development Guidance Sys- -DON KATES, JR., Esq. tem-Woodward Governor and Hewlett- Packard-were built years before the LDGS existed. In the words of a local resident not quoted in Eggers’s tirade and who is not a member of Citizen Planners, “The LDGS is a bureacratic sop rather he Independent Institute, Dept. AHO, 134 Ninety-Eighth Avenue, Oakland, CA 9460. than an effective planning tool.” The sys-

MARCH 1991 reason 13 LETTERS

tem does have virtues, but it is not fault- these profiles. In any case, I went out of Best Techniques for Creating less. It is neither necessary nor sufficient my way to state that Mr. Judson is neither FINANCIAL PRIVACY for quality development. a misanthrope, a radical environmen- W Become “invisible” to investigators Chuck Mabry was never mayor of Fort talist, nor a racist. W Stop generating financial records Collins. Citizen Planners is not an- Mr. McKenna’s implicit argument- H Communications privacy... mail, phone tigrowth; group members represent a that slow population growth leads to W Using a business to create privacy prosperity-is unconvincing. Indeed, all w Hidling your assets Privacy from taxes reasonable cross-section of the com- W Using other “names” W Offshore options munity. Many are concerned about the the data indicate the reverse, that Operating in cash W Confidential loans loss of quality of life in neighborhoods prosperous people tend, to have fewer W Sales, private storage W Cash equivalent! caused by the intrusion of noncompatible children, both because they have better Banking alternatives Second passports access to birth control and because the W Praifitable private investments industrial and commercial development W Tali havens W A private will into the city’s residential neighborhoods. labor power of their offspring is not cru- W Enjoying your assets quietly Mixed use has several benefits, but there cial to the family’s economic survival. W Avoiding financial schemes isn’t any tangible evidence that it works Most of the growth-promoting activity W 20 steps to take immediately as stated by planners or developers. to which Mr. McKenna objects is private- Eggers’s vicious character defamation ly funded and organized. As to the city’s of those who favor slow growth or those role, my position is that government Don’t wait! Order TODAY! who think growth should pay its own way should not subsidize growth. But neither Your 0 Regular P&H, $2.00 (Please add is completely unwarranted and unjustifi- should it force developers to subsidize Choice io FIRST CLASS, $5.00 io order.) JCalliwnla rexidenls plaa%aadd 6% sales l8x.l able. To characterize cautious, middle-of- current businesses and residents. 0 Send latest Book Catalog -FREE. EOEN the-road liberals as communists, racists, Developers should pay their own way, but PRESS 1 Box 8410-RNiFountain Valley, CA92728 they should not be forced to cover the cost Name and radical environmentalists is silly and Address unconscionable. If Eggers would have of parks, schools, museums, and other City - presented the facts rather than one-sided facilities not directly related to their

State. Zip ~ D1111111111111111 fantasies, other articles in your magazine projects. (Incidentally, the Anheuser- would be more credible. Busch brewery seems to represent a net Arthur Judson gain for the city, since the tax revenue it Fort Collins. CO generates far exceeds the financing costs associated with the bond issue.) Mr. Eggers replies: I apologize for inac- Mr. McKenna and Mr. Judson are off AND curately reporting Mr. Judson’s age, and the mark when they accuse me of pro- it was Longs Peak, not Pikes Peak, that I developer bias. In fact, as I indicated in IINTERVENTION1 SM observed from the prairie near his home. the article, I have a great deal of sympathy Furthermore, former Assistant Mayor for those who seek to preserve the in- New1 A collection d 47 of Chuck Mabry was misidentified as a tegrity and livability of their neighbor- the pe-eminent Austrian former mayor due to an editing error. hoods. I believe the best way to do this is econcmiist’s shorler pm, I cited Woodward Governor and through private arrangements such as selected and edited ty Hewlett-Packard as examples of success- land covenants, not through political Bettina Bien Greaves All arand the world, ful mixed use. Nowhere in the article did coercion. When land-use issues are long-tire advocates of I say that these developments resulted dragged into the political arena, the result ecmonlic planning are from the Land Development Guidance is often a taking of property. It’s ironic being ftwced to adml that System. that, as Americans are telling East their policies trave failed Nor did I “characterize cautious, mid- Europeans that rights are This bf sets forth, wlh inesczpable logic ad clarly, the dle-of-the-road liberals as communists, the key to economic reform, we are wit- reamwhy Includes Mses’otginal evalualions d F A racists, and radical environmentalists.” I nessing an erosion of those rights in our Hayek‘s lh? ca?sritut,ondliber/~Murray fldhhds did note, however, that the slow-growth own country. Ah, bnmmyandSbb, and Israel Kirmer‘s The movement in the United States has at- hmnxPaid of Hew tracted many varieties of people, includ- Communicate with REASON 263 piiges, indexed $29.95 cloth; $14.95 paperback ing leftist greens, communitarian We appreciate receiving your letters, typed VISA and MaderCard orders accepted. conservatives, closet racists, and even double-space and limited to 200 words Letters sent to REASON will be considered CALL (914) 591-72300~FAX (914) 591-8910 two-car suburbanites. While Mr. Mc- for publication (unless otherwise noted) Kenna or Mr. Judson may disagree with and may be subiect to abridgement or The Foundation for this assessment, surely it is not “silly and editorial comment 2716 Ocean Park Blvd , Suite 1062 Economic Education, Inc. unconscionable” to observe that many Irvington, N.Y. 10533 Santa Monica, CA 90405 growth controllers fit one or another of

14 reason MARCH 1991 Do you suffer from Tired Liberfcrrianisrn? Do you have any of Sandy Shaw, David Gordon, Leland Yeager, Richard these symptoms? I -. Lies, Kostelanetz . . . In what other Are you tired of essays that Liberalism publications do you consistently apologize for human , in- Libertv and find the work of provocative stead of joyously advocating lib- _. - _. writers like these? erty and exploring its ,my 19n V014 No3 y1 Lip -Ke a d i n g That is why Liberty has possibilities? achieved such an avid and en- Are you tired of articles on thusiastic readership so quickly. why free-market garbage collec- tion is better than government- Fast, Fast, Fast Relief! run garbage collection? The End of the Liberty is now available When a libertarian publica- Soviet EmDire without your doctofs pre- tion arrives, do you put it on David Boaz, Ralph Raico, James Robbins, Jane Shnw scription. your coffee table and say, "I'll If you are suffering from get around to it, one of these "A Pole Can Do It" tired , order a one days . . ."? A Detailed Report on Lech Walesa's year subscription to Liberty to- If you answered 'Yes" to any Libertarian Challenger day, and every second month of these questions, you may suf- by R. W. Bradford you will receive relief in the fer from tired libertarianism. Gordon Gekko, form of Liberty's fast-paced, ex- Hope for the Michael Milken and Me citing articles and reviews! suffering! by Douglas Casey Money-Back Until recently there was no Also: How freedom fared in the November elections; Guarantee cure for tired libertarianism. The rim Robbins on the alarming increase in premarital interdigitation; We are confident that you Lawrence Person on skatepunks and anarchy for fun; victims of this dread disease had and other articles and reviews. will think Liberty is worth its nothing to look forward to but a price of $19.50 per year-so con- life of gradually increasing en- fident that we have made your nui, culminating in intellectual subscription to Liberty risk-free. death. You are protected by our guar- Happily there is now a cure: antee detailed in the box below. the lib&&ian bi-monthly, Liberty! best libertarian writing. The writers for A recent reader survey revealed that In the past two years, Liberty has Liberty have constituted virtually a on average, each article is read by an published more than 900 pages of the "who's who" of libertarianism: Karl astonishing- 87% of our readers. Hess, Thomas Szasz, Sheldon Richman, David Friedman, Robert Act Today! Higgs, George H. Smith, Tibor Liberty offers you the best in liber- "The Sociology of Machan, Stephen cox, Robert tarian thinking and libertarian writing. the Cult" Higgs, Bill Kauffman, John So don't hesitate: subscribe today. YOU by Hospers, Durk Pearson and have the fruits of Liberty to gain! This analysis of the internal dynamics of the Rand cult in New York City in the 1950s is riiiiiiiiiiiiiiiiiii=~ based onRothbard's first hand observations. Money Back I'd like to try Liberty. Please enter my submiption, which I understand I Never before published, and until now cir- I Yes! IS fully guaranteed.Alm send me my free mpy of Thr SoEiology of the Double I Ayn Rod Cult which is mine to keep even if 1 obtain a full refund under your parantee. I culated only among Rothbard's close friends, Guarantee I his penetrating analysis reveals details of ' 0 One Full Year (6 issues) $19.50 0 Two Full Years (12 issues) $35.00 1. We parantee a I (foreignsubscriptions. add $5 per year.) I Rand's New York City circle not reported by full refund withno questions upon your I Barbara Branden in her recent Rand request after you have ' Name received your first is- I biography. sue. Address 2 At any time during I City, State, Zip I you Subscription we Free with your subscription! WLII guarantee a fhl I I To encourage you to subscribe immediate- prwrated refund for any mailedissues. I 0 My check is enclosed (payable to Liberty) I ly, we will send it to you as a bonus with your hanyevent, 'lk I Charge my: VISA Mastercard Expiration date Sociobgy oftheAyn 0 0 0 - I subscription. You won't want to miss it! And Rand Cult is yours to keep with ouccrmpli- I Account# I_ it's yours to keep even if you obtain a full re- ments. I Signature 1 fund under our guarantee. R. W. Bradford Publisher I Send to: Liberty, Dept RT, PO Box 1167, Port Townsend, WA 98368 I Liliil~~lii~ii~~i~~~~d - TIRENDS

Waste Not, Lend Not inancia1reporters complain that tight Fmonetary policy may stifle any recovery from the current recession. But another impediment may dwarf the credit crunch for lenders and borrowers: niture manufacturers. liability for environmental cleanups. Government lending agencies aren’t or asbestos removal on foreclosures. Federal regulations require property exempt from liability. The Small Busi- Rep. John LaFalce (D-N.Y.), chair- owners to clean up land contaminated ness Administration holds leases or man of the House Small Business Com- with hazardous wastes. To avoid liability mortgages on 150 properties in 35 states mittee, plans to introduce a bill that would for toxic cleanups, a bank must also test with toxic cleanup problems. relieve lenders of the responsibility to the soil and ground water on a parcel of And Kent Jeffreys, environmental clean up foreclosed property. But the land before it offers a mortgage on it. But policy analyst at the Competitive Natural Resources Defense Council and regulators increasingly force banks hold- Enterprise Institute in Washington, D.C., other environmental groups want any ing foreclosed properties to pay for waste notes that the Resolution Trust Corp. legislation to force private lenders and disposal+ven if the banks didn’t do the faces liability problems with foreclosed government agencies to retain some dumping. Banks, fearing liability for property from failed savings-and-loans. liability on foreclosures. cleanups, now hesitate to lend money to Jeffreys says taxpayers, through the RTC, 4ickHenderson businesses that handle dangerous materials. cites as an example Miner’s Bank of Butte, Mon- tana, which foreclosed on a piece of Gaining Ground property after it discovered the business there contaminated the site with hazard- ous materials. Environmental regulators say a cleanup will cost $10 million-and the rich. Who’s tes in the following Miner’s Bank (with only $2.5 million in working capital) has to help pay for it. While lenders can’t be held liable for Worldwide Capital Chains Tax Rates cleanup costs if they simply hold a mortgage on a piece of property, they can Country Maximum Long-Term Rate be responsible if they foreclose the United States mort,gage. In May 1990, the 1 lth Circuit Court of Appeals stated that as long as a lender holds a mortgage it has the oppor- France 16 percent tunity to influence what a borrower does Japan* 5 percent with his property. The Court said ensur- Germany ing proper waste disposal is part of this responsibility. Hong Kong Bankers from Indiana and Mas- Singapore sachusetts have testified before Con- South Korea gress that they may stop lending money an to businesses that handle potentially haz- * Japan had no capital g ardous materials, such as cleaners, dry . Source Forecasts & Srraregres electric platers, wood finishers, and fur- I

6 reason MARCH 1991 TRENDS

groups together last summer to work out a compromise, but the talks fell apart. Star Wars Now, with four of the eight members of the MPAA controlled by foreign com- he four major television networks panies, the political tide may have turned Tbelieve that Matsushita Electric In- in favor of the networks. In particular, the dustrial Co.’s acquisition of MCA Inc. networks have struck a populist nerve by (parent company of the movie studio noting that they are interested in acquir- Universal) will help them in their quest ing studios and could prevent them from for further deregulation. being bought by foreigners, but the fin- Specifically, they believe that the pur- syn rules effectively block any network- chase of another film company by a studio merger. After Italy’s Pathe Leo the Lion now roars in Italian. foreign firm will help them win repeal of Communications acquired MGMWA, the 20-year-old Financial Interest and has expanded its program lineup, it may NBC sent pizzas to 90 key legislators with Syndication Rules. These federal rules have to spin off the television production a note saying that “While NBC can’t yet block networks from entering the $3- arm of its Fox studios unless the fin-syn have a piece of the pie, you can.” billion-a-year syndication market and rules are repealed.) This is probably more than political place strict limits on the amount of non- The Federal Communications Com- gamesmanship. There have been rumors news programming a network can mission has wanted to repeal the fin-syn in Hollywood of a Disney-CBS merger produce in-house. rules for almost eight years now. How- for over a year. And ABC is said to be (Until this year, the Fox network was ever, the powerful Motion Picture As- interested in acquiring Paramount. The exempt from the rules because it did not sociation of America-whose members Matsushita buy-out of MCA may ul- air enough hours of programming to produce most prime-time series-has op- timately give them the opening they need. qualify as a network. But now that Fox posed the move. The FCC brought the two Xharles Oliver Maybe you don’t need another diet. Maybe what you need is a faster metabolism. Aerobic exercise. The best way to lose weight and stay that wav. If your last diet didn’t work, there’s probably a good reason. When you eat less, your body automatically adjusts its metabolism to a lower level, making you tired, grumpy and hungry. The best way to raise your metabolism while you diet is i’ through regular aerobic exercise. NordicTrack is the most Nordr-ck”A CML Company effective way to get the aerobic exercise you need. NordicTrack burns more calories in less time than any other type of indoor exercise machine. Up to 1,100 calories per hour The highly efflcient aerobics of a NordicTrack workout raises your metabolism helping you ’ 0 Please send me a free brochure I according to fitness experts. lose weight and keep it off. Also a free videotape 0 VHS 0 Beta I 0 I You’ll look forward to Name stepping on the scales. making it easier to stay in shape. And I Street I Exercising on NordicTrack easier to face those weigh-ins. I city State -Zip I reduces your fat, increases your What are you waiting for? Call Phone( ) I NordicTmk, Dept. t 300C1 I muscle and raises your metabolism, NordicTrack today. L ------141 Jonathan Blvd. N., Chaska, MN 55318 1

MARCH 1991 reason 17 Assets Payloads in Paradise he nation’s 50th state could be the Dying Request. AMissouri judge allows Nancy Cruzan’s family to remove her feeding Thome of its first private spaceport by tube. (See “Family Matters,” Nov. 1990.) And, since assisting suicide doesn’t violate the middle of the decade. Michigan law, a state court throws out first-degree murder charges against the “Suicide Hawaii’s Office of Space Industry is Doctor,” Jack Kevorkian. (See “Suicide Solution,” Aug./Sept. 1990.) The right to die may considering two possible sites, both on quickly gain some legal underpinnings. the southeast coast of the Island of Hawaii, for a privately constructed and Withering Support. The German Green Party loses all 42 seats in parliament, getting operated spaceport that would launch less than 4 percent of the vote-half the support it received in 1987. Green opposition to commercial, scientific, and government a unified Germany displeases the electorate. The Communists get more votes than the payloads of up to 18,000 pounds into low Greens. Ah, democracy! earth orbit. The OS1 expects to choose a Major Success. Margaret Thatcher’s successor launches the U.K.’s site and complete an environmental im- biggest privatization effort to date. Britons buy 2 billion shares of the pact statement by the end of 1991. state-owned electric company. The shares are so popular that the govern- The state will then purchase the neces- ment offers 55 percent of the company (instead of its planned 34 percent) sary land-several hundred acres-and to . Even so, only 25 percent of these entry-level capitalists get lease it to a private consortium that has all the shares they want. Would somebody sell this idea to George Bush? yet to be selected. OS1 Director George Mead says the project should be under Govlernment Check. Last spring, the Supreme Court ruled that U.S. District Judge way by early 1993 and could be com- Russell Clark couldn’t double property taxes in Kansas City to pay for desegregated schools. (See “Judges as Taxmen,” Jul. 1990.) Now Clarkorders a $10.7-million tax refund. pleted within 18 months. That timetable But tlhe Court still holds that judges can levy some taxes. A test for David Souter on separation of powers should follow.

Liabilities

Stick Up. Residents of the District of Columbia can rest easier: If you’re shot by an AK-47 there, you can sue the gun’s manufacturer for making an unsafe product. Michael would probably make it the first facility Beard of the Coalition to Stop Handgun Violence says: “These weapons are so dangerous of its kind in the world. that the manufacturers and dealers have to know they are going to be used to kill people.” The current spaceports-in French I’ll notify the media. Guyana, China, Japan, the Soviet Union, and the United States-are all govern- Options Extra. After his network pays the Soviet government $12 million, a Japanese ment-controlled. Scientists and busi- journalist conducts live broadcasts from the Mir space station. But once in orbit, the Soviets nesses look to private spaceports for demand an extra $100,000 an hour for cosmonaut assistance. The Soviets aren’t too clear cheaper and more reliable service. Com- on that contract thing, but a network official says, “We would never have been able to work out such a flight with NASA” and its bureaucracy. panies are already planning to build spaceports in Australia, Brazil, and In- Spill1 Protection. The California Supreme Court rules that busi- donesia. nesses can recover environmental cleanup costs from insurance com- In the middle of the Pacific Ocean and panies. Atlantic Richfield Co. sues 70 insurance carriers for cleanups near the equator, Hawaii is well located dating back to the 1930s. Thanks to Superfund, most insurers stopped for orbital launches. Gov. John Waihee writing such policies a decade ago. But Marc Rosenberg of the Insurance first announced plans for the spaceport in Information Institute says deep pockets rule: “Get the polluter to pay, and 1987; the OS1 was created the following if he (can’t,get the insurer to pay.” year. Market Forces. European protectionists sabotage GATT. Now they may deep-six the Mead says the facility likely will in- single continental market. State-run auto manufacturers and airlines won’t abandon their clude one pad each for Delta and Atlas monopolies without a fight. Restrictions on the size of auto dealers and on advertising rockets, allowing 10 to 12 orbital across borders, Fortune reports, cause prices for identical cars to vary by as much as 60 launches each year. It will also launch percent before taxes. Import quotas cost European car buyers $33 billion a year. But you sounding rockets for atmospheric meas- can get a great deal on a Fiat. urements and microgravity experiments. --Rick Henderson --Jacob Sullum

18 reason MARCH 1991 TheLibertanan0 Publidon

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aghdad Betty” is the name “B- given to the woman whose radio broadcasts from the Iraqi capital are suppclsed to demoralize U.S forces sta- tioned in the Middle East. A typical Betty tirade: “Why are you Americans here? Don’t you know you will die in the desert. While you are here, your wives and girlfriends are dating American movie stars. Movie stars like Tom Selleck, Paul Newnnan, and Bart Simpson.”

he Army has rejected an offer to send TBoxing Illustrated to the troops be- cause Saudis consider the magazine’s photos of shirtless men pornographic. I guess a subscription toJuggs is complete- ly out of the question.

peaking of Saudi Arabia, the govern- Sment there turned a religious rule prohibiting women from driving into a Rehabilitative Services investigator who neighbors threw a bottle of cologne that secular restriction following a mass visited them, and they even showed Prin- hit the TV, breaking the picture tube and demonstration by women drivers. The cess to him. But the HRS still ordered the spilling ethyl alcohol into the tube. The Saudi interior minister said, “Women’s Seays to come in for child-abuse counsel- alcohol was ignited by the electricity in driving of cars contradicts the sound Is- ing and placed them on the registry. They the tube. The suit alleges that the TV was lamic attitude of the Saudi citizen,who is had to; it’s Florida law. What a state! Rac- defectively designed and unreasonably jealous about his sacred ideals.” In related coons are children, and the law is a ass. dangerous. Matsushita claims that this set moves, the Saudis banned laying hats on of circumstances was “bizarre” and beds because it brings bad luck, milking lso in Florida, Jack Thompson, the couldn’t reasonably be anticipated. At cows after sunset because it makes them ,Aanti-obscenity zealot who en- the very least, however, they should go dry, and whistling in the house because gineered the campaign against The 2 Live have attached a sticker that read, it “suimmons the little evil ones.” Crew, is now going after Madonna. “Warning: If you get into a fight with Thompson is all hot and bothered by her your spouse, break the picture tube, and he autobiography of the Bushes’ pet new video “Justify My Love.” He told the pour alcohol into it, you might blow up Tdog, Millie, is handily outselling , “Madonna better fas- your neighbor.” Ronald Reagan’s autobiography. Ever ten her seatbelt because she’s going to get protective of her man, we imagine Nancy a spanking and not the kind she likes.” t his annual Christmas party, Sen. Reagan complained, “That bitch just had Oooh, kinky! A Edward M. Kennedy (D-Mass.) al- better marketing.” ways likes to dress up as a person in the he family of Cynthia Bamentos has news.. This past Christmas, Kennedy n Daytona Beach, Florida, James and Tfiled a product-liability suit against donned hair extensions, gold eamngs, IMary Seay are now on a government Matsushita Electric Industrial Co. Bar- and tights and came as half of Milli Vanil- child-abuse registry. An anonymous rientos died in 1986 from injuries li. (I didn’t make this up.) Ted Kennedy caller told welfare workers that the Seays received when a Panasonic television in tights? If that doesn’t put you in the lock their child, Princess, in the bathroom (manufactured by Matsushita) exploded. holiday mood, nothing will. Maybe this when they are away. There’s just one At the time of the accident, Barrientos year, Ted should lay off the egg nog. catch: Princess is a raccoon. The Seays was in the home of neighbors who were explained the facts to the state Health and arguing. During the argument, one of the -Charles Oliver

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