Good essay by Gov. Mike DeWine on Ohio’s Vaccine Lottery.
But this gave me pause:
DeWine quoted baseball owner Bill Veeck, “To give one can of beer to a thousand people is not nearly as much fun as to give 1,000 cans of beer to one guy.”
1. NO WAY...
nytimes.com/2021/05/26/opi…
2/
First of all, has DeWine or Veeck ever been to a party? The best parties are giving a beer to a 1000 people. The worst party is where one guy has a thousand beers.
(You know what I mean).
And this is really about happiness, diminishing utility, and policy.
3/ DeWine says his team discussed cash payments or prizes for each person who got the shot. But they loved the flashiness of the lottery.
First: Do we really know whether the lottery was more effective than cash or other prizes?
4/ This study suggests that cash payments are effective with Democrats, but Democrats are already getting the shot.
Republicans respond to relaxed safety guidelines. And maybe that should have been the more explicit link, but party politics got in the way.
nytimes.com/2021/05/04/ups…
5/ But here's my concern about lotteries:
There is a lot of anecdotal evidence that lottery winners are net *less happy* after winning, due to "be careful what you wish for."
Friends & family expectations and jealousy. Sudden lifestyle change whiplash. Addiction...
6/ I understand the poetic justice/logic of a lottery for the vaccine-skeptics:
Fight scientific illiteracy with financial innumeracy.

But I was hoping for "labs of democracy," some states using lotteries, some paying each person $100 or $500... and let's see what works?
7/ I appreciate DeWine's pro-vaccine creativity. But I'd also love to use this crisis to learn about public policy & human psychology.

Could another creative state please try to use other incentives? Why didn't we tie together stimulus payments with vaccine shot payments?

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More from @jedshug

25 May
Major story on the Barr DOJ memo blocking the Mueller Report and indictments.
1. Shame on the Biden DOJ today for suing to block its release.
2. Some context: Memo co-author OLC Steve Engel needs to be investigated for his role in Ukraine cover-up.
washingtonpost.com/national-secur…
2/ Obama/Biden officials need to do some soul-searching about how they expanded executive power.
They may have had good moral reasons, but they established precedents that Trump abused.
Today's filing to block is a bad sign from the Biden/Garland DOJ
3/ Thread from @ZoeTillman on Biden/Garland DOJ fighting the release of Part II of the memo.
Credit to Zoe for posting the Barr DOJ memo text. Major media should link to such documents when writing stories about them.
cc: @washingtonpost @DevlinBarrett
Read 6 tweets
7 May
This week, 2 major scholars re-asserted the unitary executive theory:
Akhil Amar in "The Words That Made Us," p. 357-59; @jacklgoldsmith in After Trump podcast w/ @page88.

Yet the Founding Era documents don't support them (linked @lawfareblog post).
1/
lawfareblog.com/imaginary-unit…
2/ The unitary executive theorists that Trump appointed are getting more extreme. Yesterday, Judge Newsom on the 11th Cir. used the theory to assert ahistorical and unprecedented restrictions on Congress, standing, and private rights of action:
3/ @jacklgoldsmith is right about how the Supreme Court has ruled recently, and that limits reform. But this is how their show summary characterize the reformers’ view:

“As a legal and constitutional matter, this ‘independent’ Justice Department is a lot of nonsense.”

Nonsense?
Read 16 tweets
19 Apr
Forthcoming in the Stanford Law Review, March 2022:

"Vesting": Text, Context, and Separation-of-Powers Problems

("Vesting" didn't mean what the Roberts Court and the unitary theorists assume it meant).
Abstract attached.
papers.ssrn.com/abstract=37932…
2/ The unitary executive theory relies on 3 originalist pillars: Take Care/Faithful Execution Clause, Vesting, and the Decision of 1789.
It's a shell game - if you raise questions about one, unitarians point to another.
But none of the 3 pillars can support the Roberts Court.
3/ The Take Care Pillar?
@andrewkent33, Leib, and I showed in 2019 @HarvLRev that the Faithful Execution clauses (Take Care and Oath clauses) are historically duty-imposing rather than power-granting, setting fiduciary-like limits on the president.
harvardlawreview.org/2019/06/faithf…
Read 10 tweets
29 Mar
Tomorrow at noon:
I'll be talking with my friend Prof. @CBHessick about my book project "The Rise of the Prosecutor Politicians: A Cause of Mass Incarceration."

Focus on Earl Warren, the Japanese Internment, & the Kennedys, "liberals" tough on crime.
1/
2/ Background:
I put together a database showing that an increasing number of Sens, Govs, State AGs, & Justices rose from prosecutors' offices.
1st turning point: Progressive Era pols after short time as DA.
2d turning point: 1940s for career "tough" DAs
shugerblog.com/2017/07/07/the…
3/
The Prison Policy Initiative @PrisonPolicy (@PWpolicy Wendy Sawyer, Alex Clark) used my data to put together this chart showing the pattern of former prosecutors becoming Sen/Gov/AG over the past decade:
prisonpolicy.org/blog/2017/07/1…
Read 5 tweets
26 Mar
The way we talk about the Taney Court and Dred Scott and about the Lochner Court as illegitimate ideological hack partisans is how one day we all will talk about Shelby County and the Roberts Court.

Hell, let’s start now.
2/ “In Shelby, Roberts used erroneous data to make claims about rates of voter registration among blacks and whites in 6 southern states...
The data displayed registration gaps had shrunk dramatically.
But some of the numbers in his chart were wrong.”
propublica.org/article/suprem…
3/ BASIC RACE STATS ERROR:

“Roberts used numbers that counted Hispanics as white, including many Hispanics who weren’t U.S. citizens and could not register to vote, which had the effect of inaccurately lowering the rate for white registration.”

He mixed Latino in with white!
Read 8 tweets
24 Mar
This is more Palingenesis/Parthenogensis than Palindrome.
Or more like a Michael Palin-drome.
Not a Sarah Palin-drone.
I am more proud of this six-word tweet than some of my sixty-page law review articles.
Read 4 tweets

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