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Ideas Have Consequences: The Neoconservatives

Thu, 04/10/2014 - 14:21

Tim Lynch

The New York Times has produced a useful video about the “super-predator” scare from the 1990s.  At that time, we were already waging a drug war, so we were advised to build more prisons–and so we did.  Then regrets.

You can watch the video here.

As it happens, we are also finding more scrutiny of neoconservative ideas at the movies. A new documentary film directed by Errol Morris looks at former Secretary of Defense, Donald Rumsfeld and the Iraq war.  Here is the film trailer:

 

The Unknown Known Official Trailer #1 (2014) - Donald Rumsfeld Documentary HD

 

For related Cato work, go here, here, and here.

 

 

Categories: Policy Institutes

Don’t Push China and Russia Together

Thu, 04/10/2014 - 13:51

Ted Galen Carpenter

One of the more notable results of Russia’s invasion and annexation of Crimea is how unenthusiastic the Chinese government has been about that development. In a piece at China-U.S. Focus, I describe Beijing’s reaction as one of “nervous ambivalence.”

Moscow’s policy regarding Crimea sets extremely dangerous precedents from China’s standpoint. Amputating the province of a neighboring state through military occupation and a subsequent referendum to give the “secession” a façade of legitimacy, triggered multiple alarm bells in Beijing. Russia’s Crimea annexation violated China’s repeatedly stated position emphasizing respect for the territorial integrity of all states as a key principle of international behavior. Beijing’s emphasis on that principle is hardly surprising, given its own territorial issues involving Tibet, Xinjiang, and Taiwan. The last thing Chinese leaders want to encourage is a precedent whereby one or more of those entities might seek secession with the assistance of a hostile foreign power or combination of powers.

Unfortunately, U.S. officials are apparently oblivious to opportunities to exploit China’s nervousness. Instead, Washington seems determined to adopt measures that are likely to push Beijing and Moscow together. Obama administration officials have thrown diplomatic temper tantrums because Beijing has joined Moscow in resisting U.S.-led efforts to unseat Syrian leader Bashar al-Assad and impose increasingly harsh economic sanctions on Iran. On one occasion, Susan Rice denounced Chinese and Russian vetoes of a UN resolution on Syria, proclaiming that her country was “disgusted.” She added that those actions were “shameful” and “unforgivable.”

Washington’s position regarding China’s territorial disputes with neighboring states in both the South China and East China seas has been even clumsier and more provocative. The Obama administration has exhibited none-too-subtle, backing of Japan, the Philippines, Vietnam, and other rival claimants. Beyond such specific issues, China shares Russia’s growing worries about Washington’s dominant position in international affairs. Beijing is concerned that the United States and its allies are using their military and economic advantages to encroach upon important interests of China and other major powers in the international system. Secretary of Defense Chuck Hagel’s visit to China has not improved matters. A series of testy exchanges culminated with a pointed warning from Defense Minister Chang Wanquan that efforts to “contain” China will never succeed.

Henry Kissinger once observed that it should be a crucial objective of U.S. foreign policy to make sure that Washington’s relations with Beijing and Moscow are always closer than their relations with each other. U.S. officials are violating that wise approach. It is a dubious strategy to pressure either China or Russia over matters that are not vital to U.S. interests. Both Crimea and the East Asian islands disputes fit that description.

But as unwise as it would be to antagonize either power over such stakes, it would be utter folly to antagonize both of them simultaneously. Yet Washington is now in serious danger of making that blunder. At a minimum, U.S. officials need to carefully think through their priorities and not push China and Russia together into an anti-U.S. alliance.

 

Categories: Policy Institutes

Sixth Circuit: You're Drunk, EEOC, Go Home

Thu, 04/10/2014 - 10:27

Walter Olson

As my colleague Ilya Shapiro noted last fall in this space, the Cato Institute joined an amicus brief before the Sixth Circuit U.S. Court of Appeals in a case called EEOC v. Kaplan Higher Education. As Ilya summed up the underlying situation: 

Following several incidents of employee theft, Kaplan University did what any reasonable employer might do in similar circumstances: it instituted heightened screening procedures for new hires. This process included credit checks to filter out potential employees at greater risk of committing theft. These checks made no mention of any applicant’s race and Kaplan didn’t collect any race information from applicants, thus making the hiring process both race-neutral and race-ignorant. Nevertheless, the Equal Employment Opportunity Commission, which itself uses credit checks in hiring decisions, sued Kaplan under Title VII of the Civil Rights Act, claiming that the use of credit checks has an unlawfully disparate impact on African American applicants.

Because Kaplan doesn’t keep racial data for applicants, the EEOC had to come up with its own data to prove its case. The agency thus created a team of “race raters,” a group of seemingly random people who sorted Kaplan’s job applicants into racial categories based only on the applicant’s name and DMV photo. (You can’t make this stuff up!) Because of the unscientific and unreliable nature of this data, the EEOC was soundly rebuffed in the federal district court in Ohio where it brought its case.

Yesterday, in a slapdown that’s already the talk of the legal community, the Sixth Circuit panel rebuffed the federal agency and roundly backed Cato’s view of the case. The ruling is short and sweet – go read it here – but here are a few prime tidbits for those in a hurry: 

In this case the EEOC sued the defendants for using the same type of background check that the EEOC itself uses. …

The district court considered every one of the Daubert factors [on expert witness admissibility] — and found that [EEOC expert Kevin] Murphy’s methodology flunked them all. …

The EEOC’s case goes downhill from there. …

We need not belabor the issue further. The EEOC brought this case on the basis of a homemade methodology, crafted by a witness with no particular expertise to craft it, administered by persons with no particular expertise to administer it, tested by no one, and accepted only by the witness himself. 

The outcome is a triumph for Seyfarth Shaw attorney Gerald L. Maatman, Jr. a dean of the employment bar, and all the more impressive because one of the three judges on the opinion is liberal lion Damon Keith, about as sympathetic a judicial ear as the EEOC could normally hope for. It’s a sharp setback for the agency’s dubious “disparate impact” campaign against employer use of credit and criminal records in hiring. And it’s also part of a pattern of rebuffs and defeats the EEOC has been dealt by judges across the country since President Obama turned the agency on a sharp leftward course with his appointments. We’ll have more to say about that pattern in future commentaries. 

Categories: Policy Institutes

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