The inherent danger of complex laws and regulations

We often hear big businesses complaining about regulations, but if those regulations are complex enough, they turn into giant opportunities for big business. All you need is a smart team of lawyers in order to drive a big truck through a tiny loophole or exemption, as explained by Kevin Drum of Mother Jones:

[N]o one should take too seriously Republican complaints about burdensome regulations strangling the economy. The truth is that most reformers prefer fairly simple rules. In the tax world, they'd prefer to simply tax all income. In the environmental world, they'd prefer to set firm limits for pollutants. In the financial world, they'd prefer blunt rules that cut off risky activity at its knees.

But businesses don't like simple rules, because simple rules are hard to evade. So they lobby endlessly for exemptions both big and small. This is why we end up with tax subsidies for bow-and-arrow makers. It's why we end up with environmental rules that treat a hundred different industries a hundred different ways. It's why financial regulators don't enact simple leverage rules or place firm asset caps on firm size. Those would be hard to get around and might genuinely eat into bank profits. Complex rules, conversely, are the meat and drink of $500-per-hour lawyers and whiz kid engineers. If the rules are complicated enough, smart lawyers can always find ways around them. And American corporations employ lots of smart lawyers.

In an earlier post, I had cited this quote: "One can make money only if there is real risk based on actual uncertainty, and without uncertainty there is no risk.' To the extent that we have simple and understandable rules, it is harder to hide unfair business practices. There is great value to uncertainty--to unwieldy and vague legislation--to those who have teams of savvy lawyers and accountants whose job it is to navigate and circumvent the purported intent of the legislation. That's because most of us don't have the time, attention, energy or political clout to rein in those who create these legislative monstrosities. We're too busy working 8 or more hours per day at the office, then trying to be good parents, trying to fix the house or car, and maybe relaxing for an hour or two per night. How many of us are interested or able of plowing through 2,000 page legislative packages or regulations in our "free time," or trying to make sense of complex court decisions that also struggle with these legislative morasses? As Kevin Drum writes:

We could probably cut the size of agency regulations by 10 times if we wanted to. But business don't want to. Sure, they'd prefer no regulation at all, but they know that's not in the cards. So in public they bemoan complexity, but in private they fight endlessly for more of it. To their lawyers, every single extra page is an extra opportunity to make more money.

It makes one think that we need a law to outlaw complex laws.  We need a law that all laws should be written in plain English and that they must be understandable by high school graduates.  Those who insist that they need something that is not reasonably understandable should be presumed to benefit a special interest and presumed to be opposed to the public good.  Complex laws are huge red flags, regardless of the title of the law or the way politicians assure us that these laws will benefit the public. Indigestibly complex laws almost always signal that ordinary Americans are getting screwed.

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Bicycling and finding balance in the rules of the road

Via Daily Dish, here is a well written post from Steamboats are Ruining Everything regarding:

My principle became, roughly speaking, bike in such a way that even relatively inattentive drivers can be expected to see you and know what you’re going to do next. Also: don't be annoying to pedestrians. I began halting at red lights and stop signs. (Later I relaxed this somewhat, almost to Idaho rules.) I made sure to bike in the bike lane, if there was one (or on the outer edge of it, if biking inside it was going to put me within swinging distance of the opening doors of parked cars). I stayed off sidewalks. And I never, ever biked the wrong way down a one-way street.
Since having this epiphany, "Steamboats" has loosened up a bit, including his approval of the “stop as yield” law used in Idaho. I admit that I rarely stop at stopsigns such that my feet both come to the ground. At 1 am, I don't sit there waiting for the light to change. On a particularly dangerous overpass, I ride on a sidewalk for a quarter-mile. On the other hand, I am aggravated by the bicycle riding behavior of many riders because it is so often dangerous, not because it's a violation of a law. So often, when you see a cyclist violating a law, he or she is simultaneously breaking five laws. The person I have in mind is the wrong-way rider who violates a stoplight in the dark without any bicycle light, while not wearing a helmet, while failing to signal.

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