Saturday, April 11, 2009

Taking the fight to the pirates

No Pain No Gain. By Seth Cropsey
Taking the fight to the pirates
The Weekly Standard, Apr 10,. 2009 4:15:00 PM

Barack Obama's good luck holds steady. When, for the first time in more than two centuries, pirates seized an American-flagged ship on April 8th, the 20-man American crew recaptured their ship hours later a few hundred miles east of the Somali coast. Although the captain remained a hostage, the recapture of the Maersk Alabama, a 17,000 ton container ship with a cargo of humanitarian assistance destined for Kenya, diminished potential public interest to a single individual, just as Iran's jailing of a single American journalist in late January relieved the new administration of having to address a crisis magnified by a large number of hostages. In the short term, the narrowing of these incidents to a couple of American citizens buys the Obama administration time as they search for solutions. The larger picture is more ominous.

The principles that are being tested in Iran and off the coast of Somalia hold no matter how many Americans are wrongfully detained by hostile governments or international outlaws: the United States is obliged to protect its innocent citizens. Failing to do so effectively invites more and bigger trouble. A similar principle applies to Chinese naval vessels' harassing of the unarmed U.S. Naval Survey ship, Impeccable, in international waters off Hainan island early in March. The Obama administration made diplomatic remonstrances and sent a destroyer to the area. This is not likely to have impressed China's leaders. The result is that there will be more such incidents--and not only in international waters near China--that test American resolve.

The hijacking of the Alabama offers President Obama an exceptional opportunity to act resolutely, justly, and effectively in reducing the likelihood of more attacks against American--and other--ships off the increasingly dangerous coast of east Africa, near one of the world's most important oceanic choke points: the Strait of Bab al Mandeb where the Red Sea empties into the Gulf of Aden. Some 20,000 vessels, most of them on their way to or from the Suez Canal or the Straits of Hormuz, pass through the gulf each year.

The ocean area that has become the pirates' hunting ground is immense, between one and 2.5 million square miles. In land terms, this ranges between roughly twice the size of India, and--at the lower end--an area about that of Argentina. NATO patrols the region with five ships besides three frigates from the European Union. The U.S. Navy maintains a presence of between five and 10 vessels. Notwithstanding, Lt. Nathan Christensen, the spokesman for the U.S. Navy's Fifth Fleet, noted that "we can't be everywhere at once," a remark that, while not aimed at the Pentagon's coming budget battle, is particularly appropriate given the slow, unabated shrinkage of the U.S. combat fleet. Lt. Christensen pointed out that the U.S. naval combatant nearest the Alabama when it was commandeered about 280 miles southeast of the Somalia pirate center, Eyl, was approximately 330 miles away at the time of the attack.

The U.S. and its allies are not the only contributors to the western Indian Ocean anti-piracy mission. China, India, Japan, and Russia as well as other nations have sent naval vessels to help secure the area.

Diplomatic efforts have paralleled naval ones. The United Nations Security Council in December 2008 unanimously passed Resolution 1851 whose title page "authorizes states to use land-based operations in Somalia." Subsequent language muddies this apparently tough grant of international authority requiring such government authority as exists in the minimally functional Somali state to notify the U.N. in advance of actual military operations. But since the resolution neither addresses nor prohibits less red-tape-bound military means, these remain possible. The same Security Council resolution directly supports international naval action to discourage piracy off the Somali coast.

Still, Secretary of State Clinton seems uncomfortable. She told a news conference on 9 April that "the administration is seeking a 21st century response" to piracy.

What could this mean? The basic requirements that senior Obama administration officials, including the president, have set as a standard for conducting foreign policy are all in place. The participation of many different navies off the Somali coast is diverse and multi-lateral. The U.N. has authorized the use of force against the pirates. Solid reason exists for taking full advantage of the careful work that preceded these measures: an attempt was made in international waters to steal American property, and an assault was made on an American crew. The American captain remains a hostage of the pirates.

Certainly, negotiations should continue for the captain's release and return. But, what then? Does a "21st century" response mean that with the crew and ship safely returned, the case is dismissed and we go about our business? This will guarantee more attacks on U.S.-flagged ships and American merchant marine sailors.

It will add to the appearance that the new administration's idea of a "21st century" response is one in which there are no consequences for those who violate international laws and customs in crossing the United States.

There are plenty of other reasonable alternatives that would send a clear message. If the pirates who seized the Alabama can be apprehended and transferred to a U.S. Navy ship, Title 18 of the U.S. Code allows them to be brought to the U.S. and, if found guilty, imprisoned for life. A more convincing approach would be to use the same unmanned aerial vehicles that have been operational since U.S. involvement in Bosnia to target pirates in the centers where they are known to congregate on land. Special operations missions could accomplish similar objectives, albeit with less plausible deniability.

Punishing the guilty would do justice, increase respect for the Obama administration while conforming to its standard of soliciting international approval, and decrease the likelihood of repeated attacks against Americans abroad. It might also provide the same benefit for mariners aboard ships carrying the flags of other states who go about their business peacefully in the region. This is more likely to increase respect for the administration abroad than ignoring direct challenges to the U.S. and packaging such sideways glances as policy that befits the 21st century.

Least likely to produce positive tangible result are approaches that bypass the administration's own foreign policy standard of multilateralism and UN sanction in pursuit of the additional and dubious requirement that wrongdoers escape serious consequences for their action.

The destroyer that was sent to the aid of Alabama is the U.S.S. Bainbridge. The ship was named for Captain William Bainbridge who served several tours in the American naval expeditions that eventually used force successfully to end the Barbary pirates' threat to American merchant shipping in the Mediterranean during the first two decades of the 1800s. Sometimes the 19th century, including the statesmanship of Thomas Jefferson and James Madison, is the most appropriate model for U.S. policy.

Seth Cropsey is a Senior Fellow at the Hudson Institute and served as a naval officer and as deputy undersecretary of the Navy in the administrations of Ronald Reagan and George H. W. Bush.

Analysis: Diminishing “Geneva rights”? General Noriega and extradition

Analysis: Diminishing “Geneva rights”? By Lyle Denniston
SCOTUS Blog, Friday, April 10th, 2009 9:33 pm

Excerpts:

From early in the U.S. government’s detention of individuals rounded up in the “war on terrorism,” the prisoners have been attempting to gain the protection of a major human rights treaty: the series of agreements known as the Geneva Conventions – a part of international law for 60 years. The Conventions bar the use of torture, abuse, humiliation and acts of indignity against those held in captivity during wartime.

[...]

However, in a filing with Judge Walton on Thursday, the Obama Administration — in its first formal argument on the point in court — took the position that Geneva rights cannot be enforced in court by detainees as they challenge their confinement. That is a position the Bush Administration had taken repeatedly. And that position has just gained new support in a federal appeals court, the Eleventh Circuit Court based in Atlanta.

The Circuit Court ruling, issued Wednesday, did not involve Guantanamo prisoners (the case, in fact, involved former Panamanian dictator Manuel Noriega, who is trying to prevent his transfer to France to be tried on new criminal charges). Nevertheless, the decision formed a part of the Obama Administration’s argument Thursday in opposing court enforcement of Geneva rights.

In the course of making that point, the new Justice Department put new stress on a more sweeping legal claim (also made repeatedly by the Bush Administration). The argument is that the courts have no authority, in detainee cases, to rule on the conditions of confinement at Guantanamo Bay.

Congress, the new filing argued, took away that authority in the Military Commissions Act of 2006, and the Supreme Court did not restore it last June in Boumediene v. Bush, recognizing habeas rights for Guantanamo prisoners.

Specifically at issue before Judge Walton is the Third Geneva Convention, formally known as the Geneva Convention Relative to the Treatment of Prisoners of War. The judge called for new briefs on a long-standing claim by the detainees to Geneva rights.

The detainees’ lawyers, in response last month, contended that the Convention does apply at Guantanamo, that U.S. courts may enforce those rights, and that, if the U.S. military is unwilling to obey the Convention there, the detainees should either be transferred to another country or sent to their home countries.

Countering that argument on Thursday, the Justice Department asserted that the Geneva plea is essentially a plea for the courts to oversee conditions of confinement. That is not within the reach of a judge in ruling on a habeas challenge, the Department contended.’

While complying with the Third Convention “constitutes an important and longstanding commitment of the United States,” the Department said, it is not enforceable by private individuals suing in court — especially those pursuing habeas petitions. It was on that point that the Department cited the new Eleventh Circuit decision in the Noriega case.

“The habeas statute,” the Department argued more broadly, “can b e used only to challenge the fact, duration, or location of confinement, not conditions of confinement.” And, it added, Congress in passing the Military Commissions Act nearly three years ago declared that no individual, captured anywhere in the world, may seek to enforce Geneva rights in U.S. courts.

The brief sought also to rely on a ruling earlier in the week, in Kiyemba v. Obama, finding that the U.S. government has broad authority to transfer detainees out of Guanantamo, against their wishes, without “second-guessing” by the courts. That decision, the Department said, makes clear that the Supreme Court’s Boumediene decision was limited only to the fact and length of detention, and not to anything beyond that.

[...]

U.S. resists rights at Bagram Air Base in Afghanistan

U.S. resists rights at Bagram. By Lyle Denniston
SCOTUS blog, Saturday, April 11th, 2009 9:20 am

The Justice Department, saying top officials have authorized a swift appeal, asked a federal District Court judge on Friday to put on hold a ruling that would extend some constitutional rights to detainees being held by the U.S. military at Bagram air base in Afghanistan.

At stake, the Department said in a new filing in U.S. District Court, is whether the constitutional right to challenge detention should be extended “for the first time to a theater of war on foreign territory over which the United States exercises neither de jure nor de facto sovereignty.” The Department insisted that the Bagram detention site was not being used just to put prisoners beyond the reach of U.S. courts.

It sought an order by District Judge John D. Bates to certify the issue to the D.C. Circuit Court even though the Bagram detainees’ case is still in a pre-trial stage. “If the Court of Appeals determines that these [detainees] cannot invoke the constitutional privilege of the writ of habeas corpus, then this Court would have no jurisdiction to proceed and litgation of these habeas cases will end,” the filing said.

The Department also asked Judge Bates to stay his ruling while the appeal goes forward, stopping all proceedings in his Court. It said that U.S. Solicitor General Elena Kagan authorized the plea “to seek an expedited appeal.”

“If this Court were to proceed with these cases during the pendency of the appeal,” the motion argued, “the Court would impose serious practical burdens on, and potential harm to, the Government and its efforts to prosecute the war in Afghanistan.”

The document brought the first full statement from the Obama Administration on its views about detainees in a U.S. military prison at the air base outside Kabul. Previously, the Administration had simply told Judge Bates, without elaboration, that it would follow the Bush Administration view that the Bagram prisoners have no rights to assert in U.S. courts.

White House officials also had said, when President Obama took office, that they did not expect to make any decisions about the Bagram prison for perhaps six months. The future of Bagram detainees is one of the issues now being reviewed by a task force studying detainee policy worldwide.

In Judge Bates’ ruling on April 2 (see this post), he concluded that the Supreme Court’s decision last June in Boumediene v. Bush involving rights for detainees at Guantanamo Bay laid down a legal framework that should be applied to Bagram, too, and perhaps other sites around the world where the U.S. military has significant control.

The judge had found that the government would not be faced with major difficulties if the habeas pleas of three Bagram detainees went forward in court. The Justice Department disagreed in its filing on Friday.

Responding in court to these three cases, ”and to the potentially large number of other petitions filed by Bagram detainees who may now allege that they are similarly situated,” the Department argued, “would divert the military’s attention and resources at a critical time for operations in Afghanistan, potentially requiring accomodation and protection of counsel and onerous discovery.”

Judge Bates had limited his ruling to just three Bagram detainees, saying they were not nationals of Afghanistan and had been captured elsewhere and simply transferred to Bagram for detention. Bagram, however, holds somewhere around 600 detainees; it is unknown how many of them would fit in the category covered by Bates’ decision; the judge himself said it would apply to only a limited number there.

The standard for allowing a pre-trial appeal to go ahead in federal courts is whether the dispute involves a “controlling question of law” about which there is substantial disagreement, and whether such an immediate appeal would help toward a final ruling of the controversy.

The Department contended that the issue of the Bagram detainees’ rights meets that standard. The question of the District Court’s jurisdiction over Bagram prisioners, it said, is a controlling legal issue.

It also argued that the Bagram situation is very different from that previaling at Guantanamo leading to the Supreme Court’s Boumediene decision. It also contended that it is not clear that the place where a detainee was captured has anything to do with the legality of detention.
Opinions also diverge, the Department contended, on whether Judge Bates’ ruling “encroaches on military judgments about where to detain an individual captured during an ongoing war.” There are “many legitimate reasons, having nothing to do” with trying to manipulate courts’ powers over detainees, on why the military chooses a particular site for holding a particular prisoner.

The document described a series of possible inhibitions of military choices about capturing and detaining individuals in wartime situations. Among them was a complaint that extending habeas to Bagram might keep the military from sending to Bagram individuals captured in Pakistan, whether the military does not have facilities for screening or detaining prisoners.

In asking permission for a swift appeal and for a stay of District Court proceedings, the Department said the Bagram detainees’ lawyers had said they would oppose the requests.

China's Naval Gambit - A challenge to America's dominance of the seas

China's Naval Gambit, by Michael Mazza
A challenge to America's dominance of the seas.
Weekly Standard, Mar 08, 2009 12:00:00 AM

The future of America's long-running dominance of the seas is under threat. The Department of Defense reported recently that the Chinese navy is continuing to modernize at a rapid clip. It is adding guided missile destroyers and nuclear and diesel-electric attack submarines to its fleet, and is developing over-the-horizon radars and next-generation anti-ship cruise missiles, and possibly even the first ever anti-ship ballistic missile. Not only have Chinese ships recently harassed unarmed U.S. naval vessels in the South China Sea, but according to reports emanating from Japan, China will likely complete construction on two conventional aircraft carriers by 2015, and will begin construction on two more nuclear carriers in 2020.

Recently, an influential People's Liberation Army (PLA) publication put these power projection plans in context. The newspaper described the concept of a "national interest frontier": national defense will be extended to include all areas of the globe where China has interests.

Unfortunately, these developments have received little attention in the United States. China, the thinking goes, presents only a potential long-term threat and its efforts to build carriers are not as frightening as North Korean and Iranian efforts to develop nuclear weapons arsenals. But China is already a nuclear power, and its ambitions far outreach those of its erstwhile friends in Pyongyang or its newfound friends in Iran.

Indeed, while the prospect of nuclear-armed rogues is alarming, China's rise provides a great threat to broader U.S. interests and to global stability and security. As a country whose "behavior as a responsible stakeholder has yet to be consistently demonstrated," as PACOM commander Admiral Timothy Keating has said, China's plan to acquire carriers should be raising alarm bells.

To be sure, China's efforts to develop a modernized, deployable fleet are not entirely unreasonable. China's economy is heavily dependent on maritime trade, and thus the safeguarding of shipping lanes is critical to Chinese security. One cannot fault China for sending destroyers to East African waters to protect its merchant fleet.

But given the many divergent U.S.-Chinese interests, it is important to consider the downsides of China's future naval plans. Protection of China's merchant fleet is certainly not the PLA Navy's only reason for building carriers and deploying ships far outside its territorial waters. China is acting to alter the balance of power in Asia and working to diminish U.S. presence in the region. The PLA has engaged in a significant build-up over the past twenty years. China's Air Force is on pace to have the largest air fleet in the region within the next decade. Their navy is developing blue-water capabilities, deploying new submarines at an unparalleled rate, and, now, is determined to add aircraft carriers to its fleet. And the PLA has modernized and grown its strategic conventional and nuclear missile force. In short, China is developing considerable power projection capabilities at a time when it faces no discernable external threats. Its cutting edge cyber and space weaponry are explicitly aimed at attacking American vulnerabilities. While China's strategic plans are not made public, the nature of its military build-up suggests that China is intent on reasserting itself as the dominant power in Asia. Only the United States stands in its way.

The forthcoming construction of Chinese carriers is thus not a welcome development. China has not shied away from gunboat diplomacy in the past, and the harassment of the USNS Impeccable, for example, shows that a growing Chinese naval presence in Asia is not a stabilizing force. "The Impeccable incident," Admiral Keating said, "is certainly a troubling indicator that China, particularly in the South China Sea, is behaving in an aggressive, troublesome manner, and they're not willing to abide by acceptable standards of behavior or rules of the road." The American navy must keep a close eye on its Chinese counterpart.

Since the end of World War II, the United States has been responsible for securing the seas in the Asia-Pacific. The presence of PLA Navy carriers will significantly complicate that mission. The idea that Chinese carriers will some day soon patrol the Asian seas is causing heartburn in Taiwan, Japan, Southeast Asia, and India as well. India is already concerned about China's increasing reach into the Indian Ocean; carriers in those waters would almost certainly spark a more spirited naval arms race. It is the U.S. Navy's security guarantee that has prevented such arms races since World War II, and has allowed the region to grow increasingly peaceful; this is why Asia is home to so many economic success stories, China included. Chinese carriers, and advancing "national frontier interests," can only destabilize the Asia-Pacific and lead it down a path that no state--save perhaps the People's Republic--wants to follow.

China's acquisition of carriers will not only destabilize the Asia-Pacific. Once the PLA Navy has deployed nuclear carrier battle groups, other regions could be within reach. China's naval capabilities could complicate the U.S. ability to take military action, both in the Pacific and elsewhere. Should the time ever come, for example, when Washington must seriously contemplate military action against Iran or terrorist training camps in Africa, how will the calculus change if there is a Chinese carrier in the Persian Gulf or the Mediterranean?

Given China's massive military build-up, its lack of military transparency, and its often provocative external behavior, Beijing simply cannot be counted on to act responsibly as a global power. China's neighbors are right to view its actions, its motives, and its explanations with suspicion, and America must do the same. A world in which Chinese carrier battle groups roam the seas is a less stable, less secure world. Unfortunately, there is likely little that can be done to prevent this eventuality. As the Defense Department has reported, the Chinese shipbuilding industry's ability to produce carriers is not in doubt, and the PLA has already begun training navy pilots to operate carrier-borne aircraft.

Fortunately, we do still have time to prepare countermeasures. It will be at least six years until China has carriers that are ready to sail, and longer still until they are operationally effective. Eleven more years will pass before construction on nuclear carriers even begins. But America cannot be lax in preparing for this eventual challenge. U.S. military planners must now determine what is needed to counter the threat posed by Chinese carriers.

President Obama must not allow short-term economic and security interests to blind him to long-term defense needs. We all hope China will prove itself to be a responsible great power in the years to come. But hope is no basis for policy.

Michael Mazza is a research assistant at the American Enterprise Institute.

A parody: A Special Warranty from General Motors

A Special Warranty from General Motors
Weekly Standard, Apr 19, 2009, Volume 014, Issue 29

A parody.

Libertarian views on UN's Global Green New Deal for Sustainable Development

The U.N.’s Global Green Raw Deal. By Patrick J. Michaels
Planet Gore/NRO, Thursday, April 09, 2009

Day by day, our government is taking more and more control over once-private corporations, with plenty of green strings attached. GM will be required to produce more hybrid cars that people won’t buy. Employee compensation will be determined by federal fiat. “Everyone will be better off.”

Not surprisingly, the United Nations has just jumped on President Obama’s hybrid bandwagon, demanding yet another trillion dollars (coming mostly from you-know-who) to fund “A Global Green New Deal for Sustainable Development.” Translation: The U.S. will provide funds to poorer nations so that they, too, can tell their private companies what to make, whom to employ, and how much to pay them. The U.N. wants your money pronto, by the end of next year.

The U.N.’s “deal” really amounts to drastic interference in the development of other nations that are neither recipients of nor contributors to the cool Trillion. India’s Tata Motors has just unveiled a $2,000 mini-car, which could be a hit in a lot of poor countries. China’s Cherry is poised for a global pounce as soon as liquidity reappears. But the U.N. proposes to spend our money fighting “automobiles, which are environmentally harmful,” promoting instead a “shift to clean public transport” which they then call “clean fuel buses.”

Huh? So the UN is hoping to close developing markets in poor countries to developing producers in countries a tier or two up the economic ladder, and then substitute a nonexistent technology?

Our researchers are still busy at work trying to figure out what a “clean fuel bus” is. It can’t be one run on ethanol, because that takes more energy to produce than we currently get out of it. If it‘s run on electricity produced by solar panels, the physics become daunting. An array required to run just one bus for 100 miles per day would stretch over ten miles. And where would the energy come from at night?

Like Obama’s initiatives, the U.N.’s purpose is to provide “green jobs.” Nothing new here. Germany put in a similar program a few years ago, sending out an army of people otherwise employed or not employed to install solar panels. German taxpayers subsidized each of these 35,000 jobs at $170,000 apiece. Now the UN wants to do the same with your money — all over the world.

Worse still, the “Green New Deal” wants energy subsidies from you — called global “feed-in tariffs” — to boost inefficient energy sources. This reverse tariff would “overcome” the “difficulty” of noncompetitive energy, providing guaranteed purchase prices to producers in developing countries for a period of 20 years. The electricity would then be sold to final consumers at a lower price.

What’s the difference between a “feed-in” tariff and a real one? There isn’t one. It basically says that anyone who has cheaper electricity for sale across national borders need not apply. As is the case with Obama’s cap-and-trade energy taxes here in the States, the U.N. says their tax on us is “desirable on climate-related grounds.”

Nothing is new here. The U.N. is hoping for more green stimulus from an already overstimulating and intrusive president, and returning more of the same: higher taxes, and technologies that won’t work and that will cost a fortune.

— Patrick J. Michaels is senior fellow in environmental studies at the Cato Institute and author of the forthcoming Climate of Extremes: Global Warming Science They Don’t Want You to Know.

California Wants to Ban Your Big Screen TV - This nanny state plan arrives in the name of energy efficiency

California Wants to Ban Your Big Screen TV. By Steven Titch
This nanny state plan arrives in the name of energy efficiency
Reason, April 9, 2009

They are coming for your television. The Orange County Register reports the California Energy Commission is considering banning the sale of big-screen TV sets that don't meet new, higher energy efficiency standards.

The proposed regulations will make many big-screen sets illegal. By 2011, the commission wants all large-screen TVs to use 33 percent less power. By 2013, sets must consume 49 percent less power. The bureaucrats say the regulations will reduce global warming and save consumers $18 to $30 a year.

If the law was enacted today, the Consumer Electronics Association says about 25 percent of TVs would be non-compliant, most of those being sets with screens of 40-inches or more. Considering that most manufacturers already work to meet voluntary Energy Star standards, it is questionable how much more state agencies can demand from manufacturers without forcing them to pass on these added costs to consumers, which means more expensive TVs.

There is also a huge question about how such a law would be enforced. Many California consumers would simply choose to purchase non-compliant TVs on the Internet, or drive to stores in nearby Nevada, Arizona or Oregon. As a result, local California-based retailers, who provide jobs and income to state residents, stand to lose the most from the ban.

The Energy Commission insists that it is not "banning" big screen TVs, but simply setting higher efficiency standards. But setting standards that few, if anyone, can actually meet is really just prohibition by another name.

The energy commissioners are really concerned about our prosperity. They fret that too many people are buying bigger TVs, hooking them up to Digital Video Recorders (DVRs), cable boxes, computers and digital cameras. We simply can't have that. These home electronics now consume about 10 percent of household electricity, according to PG&E. So here comes the state's nanny to tell taxpayers how they should be using electricity and to tell us we are using too much of it watching big screen TVs.

Ironically, these nanny-state tactics are unnecessary. Bureaucrats don't have to browbeat consumers into saving energy. The cost of power isn't getting any less expensive. You don't have to buy into the global warming doctrine to want to lower your electricity bills.

Many television manufacturers, well aware that their customers want to save money, are developing organic light-emitting diode (OLED) televisions that are much more power efficient than today's sets.

And Wired.com points out "most of the TVs that would be banned by the proposal would be larger TVs that are already losing steam in the market anyway... consumers are already ahead of the game here. No matter what happens with the proposal, energy-hogging TVs will be gone within two years."

As usual, customers and companies are ahead of the bureaucrats. To cover the added $18 to $30 yearly cost of that big screen TV, people might choose to turn down the air conditioner, do a better job turning off the lights around the house, or waiting until the dishwasher is full before running it. People can find plenty of ways to be economical when they have to. They might even choose compact fluorescent light bulbs.

Just as the commission seeks to ban big televisions, the state legislature tried a similar tactic with attempts to ban incandescent light bulbs. But the legislature wisely stopped short of an outright ban in favor of a list of requirements that light bulbs must meet in the future. That list, however, was intentionally malleable so businesses and consumers would have some flexibility. Legislators, unlike the energy commissioners, are elected officials and need to be somewhat sensitive to what voters want.

If the energy commission moves to ban big screens, I suspect the commissioners will learn Californians take their televisions very seriously.

Steven Titch is a policy analyst at Reason Foundation. This column first appeared at FreedomPolicitics.com.

Amazon Experts Cautious on Climate Threat

Amazon Experts Cautious on Climate Threat, by Andrew Revkin
Dot Earth/TNYT, April 7, 2009, 2:54 pm

The lure of the “front-page thought” — for both scientists and the press — was very much on display at the recent Copenhagen summit on climate change. Presentations and speeches were followed by a wave of coverage, primarily in Europe, focused on what many papers said was strong new evidence of pending climate calamity.

Some scientists who attended the meeting pushed back. Mike Hulme of the University of East Anglia criticized efforts to cast the six-point manifesto released at the meeting’s end as the product of a broad consensus (simultaneously published on the Prometheus blog). Other scientists, who study facets of how global warming could affect things that matter — in particular the Amazon rain forest — criticized what they saw as overstatements coming out of the meeting and have now followed up afresh.

Yadvinder Malhi, a professor of ecosystem science at the University of Oxford, and Oliver Phillips, a professor of tropical ecology at the University of Leeds, have written a response to a story in the Guardian on a modeling study that projected that the Amazon forest was poised to die off. The scientists contend in a response published today in the paper that the single study, not yet peer reviewed, was laced with uncertainties downplayed both by the scientists describing it and the resulting news story.

(Dr. Malhi also contributed to my recent article assessing what is, and isn’t known, about possible tipping points related to global warming.)

Here’s the take-home point from Dr. Malhi and Dr. Phillips:

Forest dieback is a possibility that should not be ignored, and the probability increases with increasing air temperatures; but it is not inevitable. What is clear is that climate change magnifies the threat from advancing agricultural development, as a drier Amazon will burn more easily….

Climate change is undeniably a serious threat, and our comments should not be seized upon as an excuse for delay or inaction. Rather, conserving Amazonian forests both reduces the carbon dioxide flux from deforestation, which contributes up to a fifth of global emissions, and also increases the resilience of the forest to climate change. The potential impacts of climate change on the Amazon forest must be a call to action to conserve the Amazon, not a reason to retreat in despair.

The Housing Crisis Isn't A Crisis - Stand back, says Todd Zywicki, and let the markets clear

The Housing Crisis Isn't A Crisis. By Peter Robinson
Stand back, says Todd Zywicki, and let the markets clear.
Forbes, Apr 10, 2009, 12:01 AM EDT

Law professor Todd Zywicki of George Mason University is composing a book, Bankruptcy Law and Policy in the Twenty-First Century, in which Zywicki picks a couple of fascinating fights.
One involves former Fed Chairman Alan Greenspan; the other, the entire band of academics, former business executives and career bureaucrats who make up the Obama administration's economic apparat.

Zywicki's altercation with Greenspan requires a word of background.

After retiring from the Fed in 2006, Greenspan enjoyed the kind of semi-divine status that used to be reserved for Roman emperors. Then a number of economists, notably John Taylor of Stanford, began to argue that the monetary policy Greenspan pursued from 2001 to 2004, when Greenspan expanded the money supply dramatically, represented a proximate cause--maybe even the principal cause--of the housing bubble.

Last month, Greenspan descended from his plinth to defend himself. As Fed chairman, he had only lowered short-term interest rates, he argued in the Wall Street Journal, not the long-term rates on which mortgage prices are based. "No one, to my knowledge," Greenspan huffed, "employs overnight interest rates--such as the Fed Funds rate--to determine the capitalization rate of real estate."

Enter Todd Zywicki.

"What Greenspan overlooks," Zywicki says, "are adjustable-rate mortgages. ARMs are really sensitive to shorter-term interest rates."

"Look at the data going back to nineteen-eighties," Zywicki continues. "When the spread between regular mortgages and ARMs is less than about 150 basis points, people tend to take out regular mortgages. But when that spread widens, they switch to ARMs.

"What Greenspan did was artificially drive down the prices of ARMs, widening the spread. Low interest rates on ARMs enabled ordinary Americans to get bigger mortgages than they would otherwise have believed they could afford. That pushed up home prices. And that created the updraft that brought in speculators."

From loose money to cheap ARMs to rising housing prices.

"Nobody acted nefariously," Zywicki says. "Greenspan was trying to save the economy, not wreck it. But he still created a bubble."

This brings us to Zywicki's disagreement with the Obama administration. Treasury Secretary Timothy Geithner, Director of the National Economic Bureau Lawrence Summers and the other adepts in the administration all argue that the bursting of the housing bubble amounts to a national tragedy. According to President Obama himself, the "crisis" is "unraveling homeownership, the middle class and the American Dream itself."

Zywicki's reply? Nonsense.

His research has revealed three distinct types of housing markets--and only one of the three shows real signs of distress. Even then, that distress is only in a limited number of areas.

The first type of market behaves the way markets are supposed to behave, with smooth adjustments between supply and demand. When prices rose in places such as Dallas and Charlotte, builders constructed new houses. When prices softened, builders stopped. "Prices in these markets rose gradually," Zywicki says, "and now they're settling back to earth. There hasn't been any tragedy."

The second type of market, which appears in New York, Boston, San Francisco and Washington, D.C., demonstrates a long history of price volatility. "The housing stock in these markets is constrained," Zywicki says, "either by geography--San Francisco is surrounded on three sides by water, for example--or land use controls." When demand in such a market increases, prices soar. And when demand weakens, prices plummet.

"But the people who live in these markets expect big price swings," Zywicki says. "They've learned to live with them. They're holding onto their homes because they're confident prices will eventually recover. Again, there hasn't been any tragedy."

The third type of market displays both the ability to expand the supply of houses that characterizes the first type of market and the price swings that characterize the second type. "Type three markets," Zywicki says, "are concentrated in the Sun Belt. Ordinary investors seem to have calculated that a lot of people would either retire or buy second homes in these places. And when prices went up, speculators moved in. Pure bubbles developed."

In type three markets, hundreds of thousands of new homes went up. This oversupply will now keep prices low for years. "Las Vegas, Phoenix, Tampa--those are the places you'll find the tragedies," Zywicki says.

Instead of frightening people by talking about the end of the American dream, Zywicki argues, the Obama administration should offer reassurance, stressing the specific, limited nature of the foreclosure problem. "Heck," Zywicki says, "41 out of the 50 states have foreclosure rates below the national mean."

Next, the administration should think long and hard about just who it wishes to bail out and why. "If we bail out anybody, they should only be people who want to stay in their homes but can't make the payments, not people who could make the payments but want to walk," Zywicki argues. The administration should consider helping homeowners, in other words, but not speculators--"and if you put no money down and don't have any equity in your house, you're not a homeowner."

The most important step the administration could take? To resist intervening in the housing market as a whole.

"Assistance for the relatively small number of people who are facing really tragic circumstances makes sense," Zywicki says, "but if the administration tries to push overall housing prices back up, it will only be asking for trouble. We overbuilt. That's the reality. And not even Obama can change it."

In short, the administration should learn from the example of Alan Greenspan. Even when it intervenes in the economy with the very best of intentions, the government has a way of producing disastrous consequences.

Stand back, says the professor at George Mason University--stand back and let the markets clear.

Peter Robinson, a research fellow at the Hoover Institution at Stanford University and contributor to RobinsonandLong.com, writes a weekly column for Forbes.

Politics is driving the destruction of the District's school voucher program

Presumed Dead. WaPo Editorial
Politics is driving the destruction of the District's school voucher program.
WaPo, Saturday, April 11, 2009; A12

EDUCATION SECRETARY Arne Duncan has decided not to admit any new students to the D.C. voucher program, which allows low-income children to attend private schools. The abrupt decision -- made a week after 200 families had been told that their children were being awarded scholarships for the coming fall -- comes despite a new study showing some initial good results for students in the program and before the Senate has had a chance to hold promised hearings. For all the talk about putting children first, it's clear that the special interests that have long opposed vouchers are getting their way.

Officials who manage the D.C. Opportunity Scholarship Program sent letters this week to parents notifying them that the scholarships of up to $7,500, were being rescinded because of the decision by the Education Department. Citing the political uncertainty surrounding vouchers, a spokesperson for Mr. Duncan told us that it is not in the best interest of students and their parents to enroll them in a program that may end a year from now. Congress conditioned funding beyond the 2009-10 school year on reauthorization by Congress and approval by the D.C. Council. By presuming the program dead -- and make no mistake, that's the insidious effect of his bar on new enrollment -- Mr. Duncan makes it even more difficult for the program to get the fair hearing it deserves.

That's not to mention the impact of the last-minute decision on these families. Many of the public charter schools already have cut off enrollments for the upcoming school year; the deadline for out-of-boundary transfers for the public schools has passed. No doubt Mr. Duncan is right about possible disruption for new students if the program were to end. But scholarship officials have been upfront with parents about the risks, and the decision really should be theirs. Let them decide whether they want to chance at least one year in a high-quality private school versus the crapshoot of D.C. public schools.

That, after all, is what this program is about: giving poor families the choice that others, with higher salaries and more resources, take for granted. It's a choice President Obama made when he enrolled his two children in the elite Sidwell Friends School. It's a choice Mr. Duncan had when, after looking at the D.C. schools, he ended up buying a house in Arlington, where good schools are assumed. And it's a choice taken away this week from LaTasha Bennett, a single mother who had planned to start her daughter in the same private school that her son attends and where he is excelling. Her desperation is heartbreaking as she talks about her daughter not getting the same opportunities her son has and of the hardship of having to shuttle between two schools.

It's clear, though, from how the destruction of the program is being orchestrated, that issues such as parents' needs, student performance and program effectiveness don't matter next to the political demands of teachers' unions. Congressional Democrats who receive ample campaign contributions from the National Education Association and the American Federation of Teachers laid the trap with budget language that placed the program on the block. And now comes Mr. Duncan with the sword.

Friday, April 10, 2009

In Defense of Partisan Politics

In Defense of Partisan Politics. By Pietro S. Nivola, Senior Fellow, Governance Studies
The Brookings Institution, Apr 06, 2009

Pietro Nivola outlines an upside to the intense polarization taking shape in U.S. politics. William Galston offers a response in “ One and Half Cheers for Bipartisanship .”

From the steps of the Capitol on January 20th, President Barack Obama appealed for an end to the politics of “petty grievances” and “worn-out dogmas.” The year 2009 was supposed to mark the dawn of a post-partisan era. With any luck, Democrats and Republicans would stop quarreling, and would finally get down to work together. The time had come, exhorted the new president drawing from Scripture, to lay “childish” polemics aside.

But childish or not, America’s partisan politics have remained as stubbornly intense and polarized as ever. To paraphrase more Scripture, the lambs remain unwilling to lie down with the lions. And there are few signs of partisan swords being turned into plowshares. Far from opening a new age of bipartisan comity in the House of Representatives, the president and the Democratic majority received not a single Republican vote in their first big legislative test, the roll call on the so-called American Recovery and Reinvestment Act (the “stimulus”). More recently, not one Republican in the Senate or the House voted for the concurrent resolution on the president’s budget. More, not less, of such party-line voting probably lies ahead.

So here’s a heretical thought: Maybe, among the many inflated expectations that we attach to the Obama presidency and should temper, those about the advent of “post-partisanship” ought to be lowered, drastically. In other words, get over it. The rough-and-tumble of our party politics is here to stay. What’s more—and this is even greater heresy—not everything about that fact of political life is horrible.


Majoritarianism

The Democratic and Republican parties today are each more cemented in their ideologies and more distinct than they were a generation ago. In Congress, party lines used to be blurred by the existence of so-called liberal Republicans and truly conservative Democrats. Now those factions are dwindling species. Why they are dying out is a long story that has been the object of an extensive study titled Red and Blue Nation? cosponsored by Brookings and the Hoover Institution at Stanford University. For present purposes, suffice it to recognize that the disputes between Republicans and Democrats are about more than “petty grievances” (though there are plenty of them, too); the party differences run deep and fundamentally reflect differing convictions held by large blocs of voters, not just their elected representatives. An example: Whereas a staggering 84 percent of Democrats seem to believe “it’s the government’s responsibility to make sure that everyone in the United States has adequate health care,” only 34 percent of Republicans evidently concur, according to a reputable national poll taken last November.

Because both parties are more cohesive, they are also more disciplined. If you are a member of Congress and you basically agree with your party’s position on most salient issues, why defect to the other side on key votes? Americans of the baby-boom generation are not accustomed to seeing this high degree of party unity. They remember the old days when the main way to do business on Capitol Hill was to cobble together ad-hoc coalitions. Want a civil rights bill? Get northern Democrats and Republican moderates on your side, and hope that you have enough votes to overpower the conservative phalanx of southern Democrats and states’-rights Republicans. Want more money for the Vietnam War in the 1960s? Combine solid support from that bipartisan conservative bloc with plenty of other hawkish stalwarts in both parties (think reliable GOP loyalists like Everett Dirksen but also Scoop Jackson Democrats), and you’d get the funds.

Increasingly, the contemporary party system bears scant resemblance to the one that prevailed a half-century ago. What it resembles instead is politics in most other periods of American history, for example the late nineteenth century when the two parties were also internally coherent and keenly at odds. During such periods, the American parties have behaved more like political parties in parliamentary regimes—where the in-party (the governing majority) rules, and the out-party (the minority) consistently forms a loyal opposition.

Notice this distinctive feature of the parliamentary model: Not only can the majority, voting in lockstep, prevail with no help from opposition members; all it needs on board in order to legislate is a simple majority of the legislators. Supermajorities—the requirement in the U.S. Senate to override a filibuster—are never the norm. A parliamentary system, in other words, operates much like our congressional budget reconciliation process where as little as a one-vote margin in the House and as little as 51 votes in the Senate suffice to adopt a bill.

There is much handwringing about the trend toward majoritarian—that is, parliamentary-style—politics in the United States. Democrats moaned when the GOP, led by George W. Bush, drove tax cuts through Congress on nearly a party-line vote with Vice President Cheney casting the tie-breaker. Now, Republicans will groan if the Obama administration and the Democratic congressional leadership opt to use the reconciliation procedure to ram health-care reform into law.

But is all the lamentation justified?


Accountability

One of the advantages of parliamentary democracy is that the electorate knows what to expect. What you see (or vote for) is what you get. As America becomes parliamentary, if voters elect a Republican president and congressional majority, here’s a good bet: Tax cuts will be on the way. If voters elect a Democratic president and congressional majority—running on a party platform that declares universal health care to be a “moral imperative”—guess what? Health-care legislation to extend coverage will happen. Now, granted one can debate the policy merits of either party’s priorities. Robotic tax-cutting runs up deficits—and so almost certainly will health care that covers everybody. But if the voters have explicitly empowered their elected officials to do either of these things, who are “we” to stand in the way?

Further, the voters have plenty of opportunity to change their minds. If they decide that mistakes are being made—or that they prefer an alternative agenda to the one being proffered by the party in power—they can throw the rascals out. Indeed, in this country, unlike practically every other democracy, the public gets a chance to entertain that option with extraordinary frequency: every two years.

Nor, from the standpoint of democratic theory, is it easy to make an airtight case for why Congress and the president should be forced to muster supermajorities to enact their most important priorities. Ours, like any sound democracy, has to balance principles of majority rule with minority rights. But a political order in which technically just over 7 percent of a legislature—that is, a sub-group that possibly represents as little as 10 percent of the population—can have the last word, as our Senate arithmetic can imply, raises serious questions of democratic accountability and even legitimacy. Let’s face it; making a regular practice of putting, in effect, veto-power in the hands of a minority is hard to square with a government of the people, by the people, for the people.


The Virtues of a Choice, Not an Echo

There is one other thing to say in defense of heightened partisanship: It has succeeded in making elections more interesting.

Voters have a tendency to become indifferent and apathetic when asked to choose between alternatives that display not “a dime’s worth of difference,” as the old saying went about our two-party system during the heyday of bipartisan comingling.

By contrast, as Marc J. Hetherington of Vanderbilt University demonstrates in a key chapter of Red and Blue Nation?, voter participation has surged as the partisan divide has grown sharper.
The electorate is not turned off by the chasm, and contestation, between the parties. On the contrary, Hetherington finds, the polarized political parties have animated voters of all stripes—liberals, conservatives, and moderates. Growing civic engagement and voter turnouts are hallmarks of a vibrant democracy, not of a “broken” one.

Keeping older employees will help maintain success

Aging Your Work Force, by Jeffrey Joerres
Keeping older employees will help maintain success.
WSJ, Apr 09, 2009

It's too soon to tell how the current global recession will affect the one of the greatest challenges facing corporate leaders over the next decade: the coming explosion in the number of workers at retirement age, and the inadequate pool of younger workers to fill those roles. Companies that haven't started planning for this transition have some catching up to do.

The loss of productivity and intellectual capital as baby boomers leave the work force could devastate some businesses. Europe's work force will begin shrinking in the coming years and is expected to become 15% smaller within five decades, according to the Organization for Economic Cooperation and Development. The countries that face the biggest threat are those with the oldest populations, particularly Germany and Italy.

Yet most firms seem woefully unprepared for this development. A 2007 Manpower survey of more than 28,000 employers across 25 countries and territories revealed that only 14% have strategies in place to recruit older workers, and only 21% have retention strategies to keep these workers on board.

More troubling, employers still seem to view coming retirements as cost-saving opportunities. This view is dangerous and shortsighted. Employers will need to shift their mindset and, in the short term, take steps to slow the exodus of older workers whose skills and knowledge are most valued. The conundrum is that the people with the skills that companies most need to retain are those who have the greatest financial flexibility to retire.

Part of the problem is that employers assume that all employees want to exit the work force as soon as they are financially able. However, especially given the current economic climate, a growing number of employees may be willing to work for years to come. Even in countries with state-funded pensions, which traditionally have encouraged earlier retirement, retirees may struggle in the future. Many national governments project pension-funding shortfalls as too few active workers pay for retirement programs with their payroll taxes.

The best way to stem the flow of older workers is to provide the type of employment they seek, and to keep them engaged by emphasizing their place as valued members of the team.

One of the biggest mistakes companies make is to alienate employees aged 50 and older by assuming they are no longer interested in training and career development. CEOs and other senior executives tend to be in their 50s or 60s, yet it is regularly assumed that middle managers of the same age are no longer interested in challenging work and development. If a former CEO is qualified to serve on a Fortune 500 firm's board of directors in his 70s, why wouldn't a manager at a comparable skill and experience level be just as capable of working in another capacity at the same age? Employers should not assume that retirement-age workers are only qualified for, or interested in, roles with low responsibility, such as volunteering at a hospital or serving as a "greeter" at a store.

The key to retaining older workers is to recognize that their priorities are changing, and to find roles that are of value to both them and the organization. Today, there are too few options available for individuals who wish to remain with their current employer, but in a modified working relationship as they transition toward retirement. This is a key reason why employers are losing older workers to self-employment. To date, the typical corporation's answer has been to offer the individual more money to stay and perform the same full-time job for an extended period of time, when he might prefer to work in a part-time arrangement.

An employer that offers flexible work options to both older and younger employees may find a distinct competitive advantage in recruiting and retaining employees. As the talent shortage grows, the balance of power in the employer-employee relationship continues to shift toward employees. They may be more likely to stay with their companies if they can improve their work-life balance, perhaps by having the flexibility to attend a grandchild's school play or care for an ill spouse.

At the same time, employers need to prepare successors to perform in critical roles and learn as much as possible before these expert resources leave the workplace. Long before key older employees leave, firms should develop transition and knowledge-transfer plans to ensure that they retain as much intellectual capital as possible. This should involve determining which roles are at highest risk of "brain drain," identifying high-potential candidates to succeed retirees, and ensuring their development is aligned with the retirees' exit cycle.

Developing a plan to preserve critical information, processes and contacts is vital. This can be done through mentoring programs or by building companywide groups that meet in person and online to share information. Another option is to develop a pool of retired employees to work as needed on specific projects, enabling the company to tap into their collective experience and retain this knowledge longer.

Longer term, employers will need to better use the talent of each employee throughout his career. Companies might do this by offering periodic skill and career-interest assessments and training programs, and by aligning individuals' interests and abilities to the needs of the organization so that they remain relevant and engaged. There will be no room for wasted talent in tomorrow's streamlined and talent-poor organizations.

This new approach to talent management will affect how individuals prepare for retirement. The second half of life must be planned just as carefully as the first half, particularly given changes in life expectancy and in some state pensions. To remain relevant to retirement-age workers, employers might offer to help them plan for the transition to the next phase of their lives. Such programs could address a host of possible work-life balance options, and a variety of potential financial impacts from both the individuals' choices and their personal situations.

There is also a clear need for national governments to focus their attention on these issues if they want a competitive labor market that will strengthen the country's future economy.

Some governments are already developing initiatives and incentives for companies to employ older workers, which in turn promote those workers' welfare and job security. The challenge for national governments is to align the interests and abilities of mature adults with the interests and requirements of employers -- and to do this before the pension bubble bursts, wreaking havoc on other areas of society.

Sustainable and growing economies will not be possible in the future without strong and vibrant labor markets, including those workers who helped contribute to growth in the past.

Mr. Joerres is chairman and CEO of Manpower Inc.

Do not renew licenses for New Jersey & New York nuclear plants

Go Ahead, Close Oyster Creek, by William Tucker
Thursday, April 09, 2009

Don’t get me wrong. I’m a big advocate of nuclear power. I just published a book called Terrestrial Energy: How Nuclear Power Will Lead the Green Revolution and End America’s Energy Odyssey and spend my time touring the country trying to convince people nuclear is the best thing that could happen for the environment, and debating those who want to see it banned from the planet.

But after listening to both sides of the argument, I’ve made another decision. I think the Nuclear Regulatory Commission should deny a license renewal to the 650-megawatt Oyster Creek Nuclear Reactor in southern New Jersey, the license for which is scheduled to expire today. And then let’s see what happens.

The NRC should also think careful before relicensing the 620-MW Vermont Yankee plant in southern Vermont — and Indian Point Units1 and 2, which provide 2,000 MW in Westchester Country, just north of New York City. Oyster Creek generates 12 percent of New Jersey’s electricity, the two Indian Point reactors provide 25 percent of New York and Westchester’s electricity and Vermont Yankee provides nearly all of Vermont’s electricity, making it the cleanest state in the country. (Coal-rich Wyoming emits more air pollution in a day than Vermont produces in a year.)

Closing all four reactors, of course, would devastate both the environment and the economy of the whole Northeast. But the point is this. All four of these are aging reactors whose growing vulnerability risks strangling the current nuclear revival in its cradle. There are now applications for 26 new reactors before the NRC, and the industry is straining to start new construction. Who wouldn’t be when existing reactors are making more than a million dollars a day? Nuclear electricity is nearly competitive with coal and natural gas and the economics can only get better if the Obama administration imposes a national carbon regime. Safety and operating procedures at nuclear reactors have improved so much since Three Mile Island that they now run nearly two years without shutting down.

Closing Oyster Creek, Vermont Yankee, and Indian Point, of course, would leave the entire Northeast importing electricity at exorbitant prices from who-knows-where along transmission lines that haven’t been built. Of the 5 million megawatt-hours of electricity generated last year in New Jersey, 3 million came from nuclear reactors — 675,000 of them from Oyster Creek. The state would have to fire up every aging coal boiler, or suffer summer brownouts.

New York City and Westchester would suffer a much worse fate without Indian Point, and Vermont would go from being the cleanest state to one of the dirtiest without Vermont Yankee. For years I’ve argued that the easiest way to absorb the loss of these reactors would be for everyone give up air conditioning, but that’s not likely to happen.

Anti-nuclear activists dream that nuclear and coal can be replaced by wind, solar, and other “renewable” things. That’s because nobody has seen what these plants would look like. A 45-story windmill produces 1 megawatt of electricity. Windmills must be spaced several hundred feet apart so they don’t interfere with each other. To replace Oyster Creek’s 650 megawatts, New Jersey would have to cover 300 square miles of land or ocean with 45-story windmills. Even then, they’d only work when the wind blows, which is about one-third of the time. To replace just one of Indian Point’s reactors, you’d have to cover every square inch of Westchester County or Long Island Sound. Windmills would work blanketing Vermont’s Green Mountains, but then the state could likely kiss its fall-foliage tourism goodbye.

Solar collectors face the same problem. In New York and New England, you could rely on them only for summertime peak loads, since there are too many cloudy days the rest of the year. California had big plans to build 500 MW of solar capacity in the Mojave Desert — until California Senator Diane Feinstein announced two weeks ago she would seek legislation banning solar collectors from the Mojave, with nature groups having suddenly realized what a 25- to 30-square-mile facility would do for the desert environment.

It’s the same everywhere. Environmentalists will support any form of energy generation as long as it’s over the horizon. Once it comes into view, however, they find it objectionable. Robert F. Kennedy, Jr., the most visible and vocal opponent of nuclear power in the New York metropolitan area, also opposes wind farms in Long Island Sound and off Cape Cod (where he summers). Breakthroughs in extracting natural gas from shale deposits have opened the possibility that the Northeast can once again become a producing area, but Kennedy’s group, Riverkeeper — the leading opponent of Indian Point — is already opposing that, as well.

Veterans of the nuclear industry say they are very concerned that relying on aging reactors like Vermont Yankee, Oyster Creek, and Indian Point is eventually going to lead to an accident, which will kill nuclear power in this country forever. What they want instead is new construction incorporating all the technological and safety improvements that have been made since we stopped building reactors in the 1980s. We should have built replacements for these reactors long ago.

So it’s time to call the opponents’ bluff. Let’s close Oyster Creek, Indian Point, and Vermont Yankee and see what life is really like without nuclear power.

— William Tucker is author of Terrestrial Energy: How Nuclear Power Will Lead the Green Revolution and End America’s Energy Odyssey.

US State Dept on Fiji: Abrogation of Constitution

Fiji: Abrogation of Constitution. By Richard Aker, Acting Deputy Department Spokesman
US State Dept, Office of the Spokesman, Bureau of Public Affairs
Washington, DC, April 10, 2009

The United States is deeply disappointed by the collapse of Fiji's political dialogue process and the abrogation of Fiji's constitution, which we see as movement away from the goal of returning Fiji to democratic governance and its formerly leading role in the Pacific. We are concerned by the implications this abrogation holds for the future of judicial independence, media freedom, and democracy itself in Fiji.

We call upon Fiji's interim authorities to respect the protections afforded the people of Fiji by the 1997 Constitution until the country can once again hold free and fair elections. The United States reiterates its call for Fiji to adhere to the timetable and benchmarks articulated by the Pacific Islands Forum. The United States believes that the return of democracy in Fiji will depend on an open and transparent process that includes the participation of all political parties in a genuine dialogue that is independent, inclusive, time-bound, and with no pre-determined outcome.

PRN: 2009/316

The Pentagon's New Priorities

The Pentagon's New Priorities. WSJ Editorial
Bob Gates proposes, Congress disposes.
WSJ, Apr 10. 2009

Defense Secretary Robert Gates, a man not known for having his head in the stars, announced his strategic Pentagon blueprint this week, saying his proposals "will profoundly reform how this department does business." We hope he informed Congress, home to 535 procurers in chief.
The Defense procurement system is a mess, and previous Pentagon reforms have faltered thanks mostly to the micromanagers on Capitol Hill who are often more interested in funneling money to their home states than in spending dollars most effectively. Democrats and Republicans both belly up to this bar, usually while castigating the executive branch for failing to make "tough choices."

So give the Defense Secretary an A for optimistic effort, even if we have our disagreements with some of his strategic choices. In announcing his spending priorities, Mr. Gates said he wants to focus on the current wars in Iraq and Afghanistan, rather than on the unknown wars of the future. Among his cuts are the Army's Future Combat Systems and a gold-plated new Presidential helicopter that is late and way over budget. Meanwhile, he added money for unmanned aerial vehicles, increased the number of special forces and announced plans to recruit more cyberwarfare experts.

These seem like reasonable judgment calls, and the focus on combating asymmetrical threats will help the U.S. in Iraq and Afghanistan. But it's worth remembering that the reason our enemies have resorted to terrorism and insurgency is because U.S. conventional forces overwhelmingly dominate on the ground, in the sea and in the air.

That's not an advantage we can take for granted as the Clinton Administration did in the 1990s, when it slashed defense spending to 3% from nearly 5% of GDP. China and Russia are upgrading their conventional forces, and China in particular is aiming to build a navy that can neutralize U.S. forces in the Western Pacific.

Mr. Gates's strategy implies a shrinking Navy with fewer ships and perhaps one fewer carrier group. It's good that he wants to build more Littoral Combat Ships, which are handy for operations such as tracking pirates. Even so, the Navy is left with a fleet of fewer than 300 ships, which strikes us as perilously small. When a U.S.-flagged container ship was briefly taken by pirates off Somalia this week, the Navy's nearest vessel was hours away.

Mr. Gates's decision to kill the stealthy F-22 fighter jet, which outclasses everything in the sky, is also troubling. We already have 183 F-22s -- original plans called for 750 -- and Mr. Gates wants to order just four more before shutting down the production line. His proposal to double the number of F-35 Joint Strike Fighters the Pentagon buys next year -- to 30 from 14 in 2009 -- is no quid pro quo. The F-35 is a cheaper, more multipurpose plane but it can't begin to compete with the F-22 as a fighter jet.

Pentagon spending is now about 4% of GDP and is expected to decline, which means too little investment against potential threats. In particular, Mr. Gates's budget priorities give no indication of how the Pentagon will ensure that U.S. military dominance extends to the battlefield of the future, outer space. President Obama has said he opposes the "militarization of space," but space is already a crucial area of operations and China is looking for advantages there.

The $1.4 billion in cuts to missile defense are especially worrisome, with losers including the Airborne Laser, designed to shoot down ballistic missiles in the boost phase, and additional interceptors planned for the ground-based system in Alaska. Instead, Mr. Gates favors theater defenses for soldiers on the battlefield with $700 million more in funding, arguing that this will address the near-term threat of short-range missiles. But as North Korea's weekend launch showed, rogue regimes aren't far away from securing long-range missiles that could reach the U.S.

Mr. Gates shrewdly made no budget recommendations on nuclear forces, except to say that he'll defer judgment until after the forthcoming Nuclear Posture Review. Perhaps he's counting on being able to change President Obama's mind on the need for updating U.S. strategic weapons and going forward with the Reliable Replacement Warhead for America's aging nuclear arsenal.
Mr. Gates's budget proposals now go to Congress. Since the end of World War II there have been more than 130 studies on procurement reform. Good luck.

Job Sprawl Revisited: The Changing Geography of Metropolitan Employment

Job Sprawl Revisited: The Changing Geography of Metropolitan Employment. By The Brookings Institution, Apr 06, 2009

An analysis of the spatial location of private-sector jobs in 98 of the largest metropolitan areas by employment reveals that:
  • Only 21 percent of employees in the top 98 metro areas work within three miles of downtown, while over twice that share (45 percent) work more than 10 miles away from the city center. The larger the metro area, the more likely people are to work more than 10 miles away from downtown; almost 50 percent of jobs in larger metros like Detroit, Chicago, and Dallas locate more than 10 miles away on average compared to just 27 percent of jobs in smaller metros like Lexington-Fayette, Boise, and Syracuse.
  • Job location within metropolitan areas varies widely across industries. More than 30 percent of jobs in utilities, finance and insurance, and educational services industries locate within three miles of downtowns, while at least half of the jobs in manufacturing, construction, and retail are more than 10 miles away from central business districts.
  • Employment steadily decentralized between 1998 and 2006: 95 out of 98 metro areas saw a decrease in the share of jobs located within three miles of downtown. The number of jobs in the top 98 metro areas increased overall during this time period, but the outer-most parts of these metro areas saw employment increase by 17 percent, compared to a gain of less than one percent in the urban core. Southern metro areas were particularly emblematic of the outward shift of job share with a 2.6 percentage-point decline in urban core job share and a 4.8 point gain in the outermost ring, outpacing the 98 metro average (a 2.1 point decline and a 2.6 point gain, respectively).
  • In almost every major industry, jobs shifted away from the city center between 1998 and 2006. Of 18 industries analyzed, 17 experienced employment decentralization. Transportation and warehousing, finance and insurance, utilities, and real estate and rental and leasing showed the greatest increases in the share of jobs located more than 10 miles away from downtown.
Amid changing economic conditions—expansion, contraction, and recovery—during the late 1990s and early 2000s, employment in metropolitan America steadily decentralized. The spatial distribution of jobs has implications for a range of policy issues—from housing to transportation to economic development—and should be taken into account as metro areas work to achieve more productive, inclusive, and sustainable growth and, in the near term, economic recovery.

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The Beautiful Tree: A Personal Journey Into How the World's Poorest People Are Educating Themselves

The Beautiful Tree: A Personal Journey Into How the World's Poorest People Are Educating Themselves. By James Tooley
Cato, Apr 09, 2009

Everyone from Bono to UNESCO is looking for a silver bullet to bring schooling within reach of the poorest children on Earth. James Tooley may have found one.

While researching private schools in India for the World Bank, and worrying that he was doing little to help the poor, Professor Tooley wandered into the slums of Hyderabad’s Old City. Shocked to find it overflowing with small, parent-funded schools, he set out to discover if they could help achieve universal education. So began the adventure lyrically told in The Beautiful Tree—the story of Tooley’s travels from the largest shanty town in Africa to the mountains of Gansu, China, and of the children, parents, teachers and entrepreneurs who taught him that the poor are not waiting for educational handouts. They are building their own schools and learning to save themselves.

Named after Mahatma Gandhi’s phrase for the schools of pre-colonial India, The Beautiful Tree is not another book lamenting what has gone wrong in the Third World. It is a book about what is going right, and it offers a simple lesson: both the entrepreneurial spirit and the love of parents for their children can be found in every corner of the globe.

The Promise, and Peril, Ahead for Iraq - The parliament has learned how to use the power of the purse

The Promise, and Peril, Ahead for Iraq. By Kimberley Kagan and Frederick W Kagan
The parliament has learned how to use the power of the purse.
WSJ, Apr 10. 2009

During his visit to Iraq this week, President Barack Obama commended U.S. forces for their invaluable work there: "From getting rid of Saddam, to reducing violence, to stabilizing the country, to facilitating elections -- you have given Iraq the opportunity to stand on its own as a democratic country. That is an extraordinary achievement." But the president also cautioned that "now is not the time to lose focus" for the next 18 months will be a "critical period."

He's absolutely right.

Iraq has undergone a quiet transformation since Mr. Obama's first visit to the country as a senator in July 2008. We can no longer speak of Iraqi politics at a standstill, or a lack of political accommodation, or an unwillingness of the Iraqi government to take responsibility. The issues facing the president in Iraq, and his military commanders, are fundamentally different from those of 2007 and 2008.

On a visit to Iraq last month, we had the opportunity to see the transformation firsthand. Iraq is now a fully sovereign country. U.S. Commander Gen. Ray Odierno has insisted on the most rigorous implementation of the U.S.-Iraqi security agreement, which gives Iraqi authorities greater responsibility than ever before. U.S. forces now detain Iraqis only after securing arrest warrants from Iraqi judges, and they are releasing or transferring to Iraqi custody all of the detainees they now hold. The U.S. maintains forces and bases only where the Iraqi government wants them. The U.S. has already turned responsibility for the security of the Green Zone over to the Iraqi government, and Iraqi Security Forces have responsibility for an ever-growing proportion of Baghdad well in advance of the agreement's June 30 deadline.

Moreover, Gen. Odierno and the U.S. Embassy have established joint committees with Iraqi military and political leaders at the highest levels both to coordinate operations and to monitor and ensure adherence to the agreement. There is a committee for each article of the agreement that reviews all questions of implementation and investigates all accusations of infringements. Both sides have agreed that the approved minutes of these committees are legally binding.

January's peaceful provincial elections have reinvigorated Iraqi democracy. Iraqis voted in large numbers and, as dissatisfied voters often do, they voted the incumbents out. This was an important step, demonstrating that Iraqis believe that their vote counts and their leaders are held accountable. Iraqi politicians have gotten the message. The losing parties are working to develop platforms to win back their voters in the upcoming national elections. The struggle to form coalitions in the provinces has forced competing parties to compromise with one another at the local level.

Mr. Obama also said that Iraqis must "decide that they want to resolve their differences through constitutional means and legal means." Iraqi leaders of many parties are already showing their determination to do precisely this. For some time, rivals (and even allies) of Prime Minister Nouri al-Maliki have been concerned about his apparent efforts to concentrate too much power in his own hands through the establishment of extra-constitutional government bodies. The Council of Representatives has used the 2009 budget to clip the prime minister's wings by eliminating all funding for these "illegal" bodies. In other words, Iraqi representatives have discovered the power of the purse. It is a remarkable advance in Iraqi politics that the parliament could act against the prime minister and his party, while nonetheless passing a law that is constructive for the state.

But the country faces three major challenges in coming months: national parliamentary elections, most likely in January 2010; major budget constraints, resulting from the low price of oil; and the threat of growing Arab-Kurd tensions in the north.

The national elections will lead to the first transfer of power in the democratic Iraqi state. This is always a critical moment in the birth of a new democracy. In Iraq it will be especially challenging because of its parliamentary system. Voters must first elect a new Council of Representatives, which must then elect a prime minister and approve a cabinet. The parties must agree not only on a leader but also about how all of the ministries will be parceled out among parties and ethno-sectarian groups. In 2006, this process took five months. U.S. forces will play a critical role in helping the Iraqis secure the elections, but they will also play an important role after the vote supporting the Iraqi Security Forces and deterring dissatisfied groups from resorting to violence.

Meanwhile, the fall in the global price of oil has presented a major problem for Iraq's balance of payments. The current Iraqi budget is based on the assumption that oil would sell for an average of $50 per barrel. Oil prices have been lower than that for most of the year, generating a significant shortfall of revenue so far and forcing the Iraqi government to slash spending and dip into its reserves.

If prices remain low, important programs that maintain Iraq's security and internal stability may be threatened. Revenue shortfalls have already halted the planned expansion of the Iraqi Security Forces and disrupted plans to acquire equipment for them. And since the Iraqi government is the principal employer in the country, any significant reduction in its spending limits its ability to create jobs, including those central to the process of reconciling former insurgents.

The budget crisis, if protracted, can also prevent the newly elected provincial governments and even the central government from providing the services that the population expects, possibly leading to general disillusionment with the political process if not to a resurgence of violence. Tensions between Iraq's Arabs and Kurds, particularly over the status of Kirkuk, are still capable of destabilizing the country rapidly and profoundly. The unexpected success of the Arab al Hadba Party in Ninewah Province shifted the focus of these tensions from Mosul back to Kirkuk. But the friction over Kirkuk's status is not simply one of rival ethnicities. It also involves fundamental constitutional questions about the relationship between the central government, provincial government, and federal regions.

There is little enthusiasm in Kirkuk itself for a violent resolution of the dispute, and the presence of an American brigade near the city has helped keep the peace by helping Kurdish and Iraqi forces to understand each other's positions and actions. But rhetoric and posturing in an election year could inflame this delicate situation, and the presence of U.S. forces there is necessary.

Mr. Obama has stated his objectives in Iraq clearly: The U.S. must "make sure that Iraq is stable, that it is not a safe haven for terrorists, that it is a good neighbor and a good ally." This is an attainable goal. Iraq has undergone a profound transformation -- it is no longer a predatory, dictatorial state or a maelstrom of sectarian violence. It no longer threatens its neighbors or stability in the region. Indeed, Iraq has become an attractive political and economic partner for states throughout the Middle East.

But Iraqis remain most interested in establishing a strategic partnership with the U.S. and the West. In the long run, this partnership will not be defined by the numbers of U.S. troops in Iraq but by the depth of our economic and political cooperation, diplomatic support, and strategic alliance. As Mr. Obama said in Baghdad, America must be "a stalwart partner" and Iraqis must "know that they have a steady partner with us."

Ms. Kagan is the president of the Institute for the Study of War and the author of "The Surge: A Military History," which will be published this month by Encounter Books. Mr. Kagan is a resident scholar at the American Enterprise Institute.

Alec Baldwin: Why We Need the New York Times

Why We Need the New York Times. By Alec Baldwin
Huffington Post, April 8, 2009 11:25 AM (EST)

For many years, I was a devoted reader of the New York Times. An unusually devoted one.
I picked up the habit from David O'Brien, an actor who played my father on a soap opera I appeared on over 25 years ago. It was my first professional job, and I watched O'Brien as he passed his down time by scouring the paper from cover to cover and doing the crossword along the way.

I picked up the paper every day, back when many places ran out of the Times, and rather quickly, by late morning. I carried it with me everywhere, as so many other New Yorkers seemed to. In New York, someone else is usually doing the driving. In a cab or on the train, the Times and the time to read it were mine.

Television news had become less relevant in my life. I was rarely near a TV at 6pm to watch the classic network broadcast. CNN was good for breaking news and convention coverage. But salacious crimes and court cases seemed to predominate more than I could bear.

On cable news, I am a fan of Keith and Rachel. But he wastes too much time pissing on Bush and his deposed cronies. She is smart and charming but her writers are dreadful and the less cutesy she is, the better. She did an excellent interview with Colin Powell recently. The next night, I missed that tougher, less avuncular Rachel. A while back, the idea of sitting down at another screen and getting my evening news seemed unappealing. Now I sit and watch Rachel and Keith while I do my e-mail and read Slate and HuffPo online.

But something has changed again. I'm back to buying the Times. I think others should get back to buying and reading a newspaper, too.

When the Jayson Blair story erupted, I realized that if the Times couldn't even properly and effectively assess their own, how could they be relied upon to assess public officials and figures? It was then that I stopped buying the paper. A lot of people did. In Manhattan, copies of the New York Times often pile up everywhere.

But lately, the alternatives seem wanting. In the Times recently was good reporting about the poor documentation of the deaths of deportation detainees by various state and federal agencies. Another article recently captured the abyss of disputed workmen's compensation cases and the endless troubles that greet those who fall into it. I don't see that on MSNBC. Frankly, I don't see that on TV at all.

Some friends of mine in the media business say the newspaper model as we know it is in its death throes. Papers will fold or go digital. The Times will survive only online. I hope that is not true. I hope that one does not need to own a computer and a high speed connection in order to stay connected with the world of news and opinion. The Times, like many other important journals, is not perfect. Sometimes its writing and its priorities are downright awful. But that is rare.

I still think people should read a newspaper every day and that children should be taught the importance of doing so in school. Television news can be good. It just isn't as good as the New York Times. And now more than ever.

India Defies Slump, Powered by Growth in Poor Rural States

India Defies Slump, Powered by Growth in Poor Rural States. By PETER WONACOTT
WSJ, Apr 10. 200

DEV KULI VILLAGE, India -- This country's path out of the global economic turmoil may start here, among a community of outcastes who dine on rats.

In Bihar, India's poorest and least literate major state, the Mushahar are the poorest and least literate. Most are farm laborers. About one in 10 can read. So impoverished is this group that they hunt field rats to supplement a deprived diet. Mushahar is Hindi for "rat eater."

But the outlook for the state's two million Mushahar has brightened in the past year. Thanks to government aid programs, more Mushahar children are attending school. Increased state investment in roads and local factories has put their parents to work. Demand for laborers has pushed up wages for field work.


Bouncing Up From the Bottom Rung

View Slideshow
The one-room primary school for Mushahar children at Bihar's Dev Kuli village, where several hundred of the low-caste Mushahar families live.

In a sign of the times, a government proposal to promote rat farming was ridiculed by the Mushahar, the very group of untouchables, or Dalits, it was supposed to benefit. They worried it would pull their children out of school and extend a social stigma to the next generation. Some protested on the streets of Bihar's capital, Patna, shouting: "We want to learn to use a computer mouse, not catch mice."

The Mushahar in Bihar are part of a political and economic shift that is building across the Indian countryside. The transformation, largely driven by development spending by national and state policy makers, will be put to a test starting next week. The world's largest democracy kicks off a month of polling April 16 in which many of the leaders behind these experiments are seeking re-election.

Growth has slowed in the new India of technology outsourcing, property development and securities trade. But old India -- the rural sector that is home to 700 million of the country's billion-plus people -- shows signs it can pick up the slack. The rural awakening helps explain why India continues to grow even as the U.S. recession drags on the world economy.

The change is largely political. In years past, many state leaders rode to power with vows to give voice to lower-caste voters. But after failing for the most part to lift living standards, these officials have been replaced in many cases by leaders who have. In poor and largely rural states from Orissa in the east to Rajasthan in the west, many new leaders have invested in health, education and infrastructure. That has set the stage for the creation of industry and consumer markets and enabled upward mobility.

It's unclear whether development spending in rural India will spark longer-term expansion. "Up till now, a lot of our growth has been bubble growth," says Nandan Nilekani, co-chairman of Infosys Technologies Ltd., a software and outsourcing company. "That makes the internal reforms even more important now, so we create momentum for future growth."

Video: Teaching India's Untouchables 3:18
India's lowest castes, the Dalits, are known for their illiteracy and deep poverty. But in rural India, something remarkable is happening: Dalit children are attending elementary school.

The rural economic rise is recent, with few figures yet available for 2008. In the five-year period ending in 2007, rural Indians' consumer spending grew faster than that of city dwellers, according to Indian brokerage IIFL. Rural India has surpassed urban centers in the number of households earning $2,000 a year, above which families begin to have disposable income.

Companies from Coca-Cola Co. to telecom provider Reliance Communications India Ltd. say rising sales in once-spurned rural areas are driving their India growth. The Indian unit of LG Electronics, which sells low-voltage appliances for power-deprived areas, expects rural areas to account for 45% of its Indian sales this year, up from 35% last year. Mahindra & Mahindra Ltd., a car and tractor maker, says it couldn't keep up with orders for its new Xylo, a cross between a minivan and SUV, in part because of surprising rural demand.

"If any one part of the economy is decoupled from the global crisis, it is India's rural sector," says Anand Mahindra, vice chairman of auto maker's parent company, Mahindra Group.


Tariff Barriers

The countryside's strength comes in part from a trade policy that free-market economists say may hurt India in the long run. Tariffs on agricultural imports are among the world's highest and may have deterred investment in rural India. But these tariffs have also sheltered swaths of the country. An estimated 88% of India's rural incomes are tied to activities inside those markets, according to IIFL.

Even slight improvements here are significant, economists say, because they build on a base of practically zero. "For so long, these states were a drag on our economy," says Surjit Bhalla, head of Oxus Research & Investments, an advisory firm in New Delhi. "Now larger rural populations can become a fillip to growth."

India's economy has held up better than most, in spite of slowing tech sales and falling real-estate and stock markets. The International Monetary Fund projects India will grow 5.1% in 2009, faster than Brazil (1.8%) and Russia (-0.7%). India is also closing the gap on China, whose 6.7% projected growth for 2009 marks a sharp decline from recent double-digit gains.

Bihar, which borders Nepal, was once a breadbasket of eastern India. But it largely missed out on the economic miracle of the last decade. In the 1990s, as India's economy expanded about 5% a year, Bihar barely grew.

Infrastructure was poor. Farm goods often rotted before reaching the market. Amid corruption and rampant crime, the state was branded India's "kidnap capital." The young left to seek education and jobs.

More than half Bihar's 83 million residents live below the international poverty line of about $1 dollar a day. Fewer than half are literate. The state attracted $167 million in foreign direct investment between 1994 and 2004, a period when India as a whole attracted $29 billion.


Government Open House

In recent years, political candidates won elections with promises to empower to lower-caste voters. But education, health and infrastructure projects were often neglected, presenting opportunity for opponents. In late 2005, a former railways minister from a low-caste background, Nitish Kumar, became chief minister, the leader of Bihar state.

Breaking from the torpid bureaucracy of his predecessors, the 58-year-old Mr. Kumar has tried to prod the government machinery into action. He hosts Monday open houses at his residence, where ministers and department secretaries are required to field public complaints. Bureaucrats must also accompany him to town-hall meetings in far corners of the state, where they pitch tents in fields. His critics say the exercises simply aim to drum up votes; Mr. Kumar says an open government serves the people and the economy.

"My message is that democracy should provide solutions to the problems," he said in an interview at his residence, where he wore traditional white linen trousers and shirt.
With an alliance led by his ruling Janata Dal (United) party, Mr. Kumar has built thousands of miles of roads. He has hired 200,000 schoolteachers and is recruiting 100,000 more. He has lured private-clinic doctors back to public hospitals.

Development projects and strong harvests have helped Bihar's economy close the gap with the national average. The state is growing at an annual rate of about 5.5%, and that is expected to accelerate, according to the Asian Development Research Institute. The number of people migrating out dropped 27% in the 2006-08 period compared with 2001-03, according to the Bihar Institute of Economic Studies, a local think tank.


Homes in a Gully

One of Mr. Kumar's toughest challenges is improving the lot of the Mushahar in places like Dev Kuli village.

Home to about 10,000 people, Dev Kuli is surrounded by farming hamlets and abuts a two-lane highway where long-haul trucks blast their air horns as they rumble toward New Delhi. The lives of all residents, from low caste to high, have long revolved around the rice and wheat harvests.

Several hundred village families are outcaste Mushahar, who live among goats, pigs and swarms of flies in a dried-out gully. The government began to build brick houses but left them without windows or doors.

As a caste the government has identified as "extremely backward," the Mushahar will be eligible for a $57 million government program that will provide families with a water supply, toilets, radios and educational support, according to Vijoy Prakash, the principal secretary for two government departments dedicated to low-caste assistance.

On Mr. Prakash's desk sits a stuffed rat, a reminder of who such programs aim to help. Yet he says past efforts have failed in part because only 9% of the Mushahar can read. "This is the group that has remained excluded from India's growth," he says.

As the sun came up on a recent day, a group of Mushahar gathered round a water pump to wash clothes. Later in the morning a long line of Mushahar children made their way up a mud embankment and, in a profound departure from community tradition, headed to primary school.

Parents complain that their children face discrimination even at Dev Kuli's one-room school for Mushahar children, the name of which translates as "Slum People's Primary School." Children from other castes attend a school nearby.

The government has repaired the school's roof in recent months, hired a new teacher and added an extra bathroom to provide privacy for girls. Even so, the school doesn't have chairs or desks, so students sit on empty grain bags and write on a cement floor covered with dirt.

Each day, a group of government-hired Mushahar, known as "motivators," roust children from their homes and escort them to class. Motivator Phulwanti Devi, a recent and rare Mushahar college graduate, says she battles parents almost every morning to release their children from farm work.

"We tell them, 'It will improve their future,'" says Ms. Devi, 25 years old.

"They reply, 'We don't see that you have such a good job.' I tell them: 'I have a diploma, and so I can get a better job. What about you?'"

Still, Ms. Devi and other motivators say attendance at the school has grown. Teachers say about 150 children are enrolled. On a recent day, the motivators rounded up about half that many.

There are other challenges. Some motivators say they haven't been paid their salaries of 2,000 rupees a month, about $40. Local officials occasionally tell teachers to skip class to conduct government work, such as counting votes at election time.

Mr. Prakash, the secretary for lower castes, says the motivators will soon be paid from funds his department has set aside. Bihar's education secretary, Anjani Kumar Singh, says a Bihar court has ruled that teachers can't skip class for government work, but admitted the order could be hard to enforce at election time.


Spicy Masala

Generating genuine business activity among a largely illiterate community hasn't been easy, either, judging by Mr. Prakash's rat-farming initiative. He estimated that three million people in the state would welcome a stable supply of the protein-rich meat.

Many Mushahar say they enjoy the meat, typically barbecued or cooked with a spicy masala, and believe it keeps their hair dark. But many resented being pushed into farming them. "If we get involved in rat farming, our children will also get involved," says Ms. Devi.

After some Mushahar protested in Patna late last summer, Mr. Kumar, the chief minister, shelved the proposal.

Yet Dev Kuli's economy has improved. The infrastructure push has created jobs building and repairing roads. That has helped bring factories to the area, say locals, including a steel mill and a cola-bottling plant. Those jobs have boosted farm wages to the point where the Mushahar won't work in the fields for less than about $2 a day, says Raj Ballabh Raji, a local farmer from a different caste.

Mr. Raji, who now works his six acres with a new tractor, notes one more sign of prosperity. "You can now find a petrol pump within a mile of here," he says in a tone of pleasant surprise. "The economy is changing."

—Manoj Chaurasia in Patna and Vibhuti Agarwal in New Delhi contributed to this article.