Archive for the ‘Law’ Category

“Recent Advances in Bullshit Reduction” at the International Food Blogger Conference

Friday, August 27th, 2010

My talk at the International Food Blogger Conference in Seattle, “Recent Advances in Bullshit Reduction,” along with my panel session and discussion/debate with Robert Schroeder of the Federal Trade Commission and Foodista.com CEO Barnaby Dorfman about the new FTC guide to the disclosure of freebies and financial relationships in blog reviews, will be broadcast live on UStream at 3pm Pacific time. was scheduled for streaming video, but the video had technical problems and dropped out in the middle of my panel session, so for those who are interested, I’ve posted the PowerPoint presentation (with images downsampled) here. If you’re interested, you can also check out the original Osteria L’Intrepido post, my followup to Wine Spectator’s response, and a few other related entries on my blog.

Vote yes on Prop 19, and help start a new conversation about America’s violent War on Drugs

Monday, August 2nd, 2010

If you’re registered in California, I encourage you to go out today and vote yes on Proposition 19, which will legalize, tax, and regulate cannabis—and take a major step toward treating drug use as a public health issue instead of a crime in America. It is time to end the failed policy of marijuana prohibition that has turned millions of otherwise law-abiding citizens into convicted criminals for smoking pot.

The U.S. has less than 5% of the world’s population, yet we have a quarter of the world’s prisoners. Since the declaration of the “War on Drugs” in the 1970s, the U.S. prison population has more than quadrupled. More than 1.5 million Americans are now arrested each year for nonviolent drug offenses, and more than 500,000 of them are imprisoned.

To date, the War on Drugs has killed more than 30,000 Mexicans, made our borders less safe, ruined the lives of millions of American families, wasted hundreds of billions of dollars of taxpayer money, and created the world’s largest prison population. The marijuana prohibition alone costs (by one estimate) more than $40 billion per year—yet it hasn’t achieved its stated goals of reducing marijuana use. Instead, it has created a black market that has turned the pot trade into a lucrative, tax-free industry dominated by organized crime (especially in Mexico, where half the trade is in marijuana) and plagued by the dangers of impure, unregulated drugs. And it stuffs our crowded, enormously expensive prisons with nonviolent pot offenders that don’t belong there. (more…)

Counterfeit wine below the radar: the case of Tesco

Wednesday, July 7th, 2010

Britain’s Sun recently reported that supermarket giant Tesco sold two bottles of counterfeit Louis Jadot Pouilly-Fuissé, distributed by Hatch Mansfield, to a customer named Danny McGowan of Clacton, Essex, who described the fake bottle as having a label that “looked photocopied.” Apparently, the bottle was on sale for £5, down from a usual £14.49. (As of this writing, the Pouilly-Fuissé was on the price list at the Tesco website for £12.99.)

The Sun article, which was sent my way by the illustrious wine-counterfeiting scholar/economist Günter Schamel (whose work I’ve previously discussed here), has the amusing title “You Plonkers” and an equally amusing photo of a nonplussed McGowan.

The most unusual thing about this story is that while has been much discussion of counterfeit wine in the high-end rare and fine wine market—Jefferson bottles and first-growth Bordeaux and such—there hasn’t been nearly as much talk about counterfeiting in the low-to-midrange wine market.

In that market, the trick might be a lot easier to get away with, for at least three reasons: first of all, (more…)

Barack Obama, weed warrior

Wednesday, May 26th, 2010

Is President Obama keeping the Sinaloa drug cartel in business?

Here’s the news from today, according to the New York Times: 1,200 members of the National Guard have been sent to the border to “combat drug smuggling.” More drug-related violence can only be dealt with through greater enforcement, goes the Bush-McCain-and-now-Obama story. We’ve got to fight the war on drugs; to fight the drug criminals; to save the people from violence.

There’s just one flaw in this story: it’s got the causality going in the wrong direction. US drug policy is the cause of the current epidemic of violence and lawlessness in northern Mexico and along the border, not the cure for it. The more resources we devote to enforcing our drug prohibition, the higher we drive prices, the bigger the incentives to smuggle drugs, the bigger the spoils for the gangs of lawless criminals to whom we redirect the unimaginable profits of several massive, centuries-old industries, and the more these gangs will be willing to fight to the death over pieces of that enormous black-market pie.

By legislating common drugs out of the legal marketplace, we are creating a black market out of thin air. It is not hyperbole to suggest that US law is not just providing a subsidy of billions to the Sinaloa cartel—our laws have actually legislated the cartel, and its rivals, into existence.

Who stands to lose the most if we legalize, tax, and regulate marijuana and cocaine, and open these industries to legitimate companies? The Sinaloa cartel. We devote $11 billion of military and law enforcement resources to eliminating their competition and maintaining their monopoly power—and thus their staggering profits. They are probably the foremost advocates of the current US drug policy. Their worst nightmare would be for the marijuana industry to turn into something like tobacco: low-margin, heavily regulated, taxed, nonviolent, unglamorous, highly competitive, unable to command a risk premium. When was the last time you heard about a tobacco gang shooting?

The effects of US drug policy have never been felt more tragically in northern Mexico, where turf wars between rival drug cartels are fought. Ciudad Juárez, where the murder of innocent civilians is as commonplace as a fender-bender, is now confronting the very real prospect of a lost generation of youth—a generation so scared to walk the streets of its own city that it grows up as if in a coma, with fear the only coherent thread of civic life. In Juárez, beheadings are barely newsworthy. Is it any wonder that some of the civilians caught in this warfare would risk their lives to cross the border into the US?

A rational humanitarian policy would contemplate welcoming residents of Ciudad Juárez into the United States as war refugees. Why don’t we do this? Maybe it’s because admitting there’s a war in Mexico might mean confronting the horrifying truth that this war is ours, our failed war on drugs, and the citizens of Juárez, these would-be refugees, are our collateral damage. Washington now seems comfortable with the idea that we own the violence in Baghdad, yet the idea that we own the violence in Juárez is still Washington taboo. We don’t even believe we’re involved.

(more…)

What the F.A.A. and Robert Parker’s Wine Advocate have in common

Saturday, June 6th, 2009

Ethics scandals are politico porn. They’re also fertile ground for undeserved scapegoating. But there’s one category in which, across the board, there’s not nearly enough public stoning going on: the world of information intermediaries. On the government side, that means regulatory agencies; in the private sector, it’s the critics, the expert witnesses in capitalism’s de facto justice system.

Information intermediaries, we’re to understand, are society’s check against puffery. They make careers of trustworthiness and accountability. In society’s service, they apply rigor to the claims of corporations and analyze their standards. For this hard work, they’re rewarded by the marketplace and by the United States—sometimes handsomely, sometimes not.

Two bits of recent news bring about two otherwise disparate intermediaries, both preeminent in their niches—Robert Parker’s Wine Advocate, the publication whose critical appraisals are one of the central determinants of a wine’s success or failure on the marketplace, and the Federal Aviation Administration, the agency whose critical appraisals are the primary safety check against America’s airlines—systematically abusing that authority.

jmill

Jay Miller: Disfrutando?

Parker’s is one of the few wine publications that don’t accept advertising, for which he deserves praise. And it’s certainly acceptable to take free samples of wine from producers—that’s often the only way to taste new releases before they’ve gone to market. But the recent transgressions of Jay Miller, Robert Parker’s right-hand man, are spectacular indeed. In another classic case of the traditional print media jumping on the bandwagon of a topic that had been exposed quite a bit earlier by an incisive blogger—in this case, Tyler Colman, who goes by “Dr. Vino”—Miller’s series of all-expenses-paid vacation/junkets, financed by wine producers, have finally been reported by the mainstream media in a recent Wall Street Journal article.

Some of rumors about Miller’s behavior in Argentina go quite a bit further in scandalousness (more…)