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John Alcorn's avatar

Sharp post.

When officials misbehave, we naturally wonder: How much is due to incompetence? And how much to malice? In Arnold's terms, we may wonder: How much is due to the knowledge problem? And how much to selection and corruption?

In the case of the pandemic, I would lean more than Arnold to selection and corruption.

For example, Arnold writes: "Consider policy during the pandemic. In principle, regulators should have carefully calculated the trade-offs involved in closing schools and restricting people’s activities. In practice, they lacked the means to do so."

School closures persisted *much* longer than any knowledge problem might have initially fueled. Compare Casey Mulligan's study, "The incidence and magnitude of the health costs of in‑person

schooling during the COVID‑19 pandemic," _Public Choice_ (2021). Here is an un-gated link:

https://link.springer.com/article/10.1007/s11127-021-00917-7

(Mulligan's working paper was circulated in winter 2021. The final MS is dated 21 May 2021.)

Mulligan writes:

"Abstract

The health costs of in-person schooling during the pandemic, if any, fall primarily on the families of students, largely owing to the fact that students significantly outnumber teachers. Data from North Carolina, Wisconsin, Australia, England, and Israel covering almost 80 million person-days in school during 2020 help assess the magnitude of the fatality risks of in-person schooling, accounting for mitigation protocols as well as the age and living arrangements of students and teachers. The risks of in-person schooling to unvaccinated teachers are, for those not yet elderly, small enough to challenge comprehension. Valued at a VSL of $10 million, the average daily fatality cost ranges from $0.01 for a young teacher living alone to as much as $29 for an elderly teacher living with an elderly spouse. For each 22 million unvaccinated students and teachers schooling in-person for a 5-day week during the pandemic, the expected number of fatalities among teachers and their spouses is one or less."

The upshot: Officials and regulators who closed schools could and should have known better. Many (most?) probably did know better. Corruption and pandering to squeaky wheels.

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Charles Pick's avatar

There are some other interesting issues with regulation in that there are many of them go "dormant" when the regulator decides that there is no longer support for enforcing the rules as written. There comes to be a tacit understanding that the regulations on the books, duly authorized by Congress, cause more problems than they solve. Then the question is by whose rules the industry now operates under, and the typical answer is just the regulated industry becomes the government for that particular slice of the economy. As such, the Article I government delegated regulation of a certain matter to the Article II government, which in turn delegated the regulation to a cartel of corporations.

If you get in the weeds within any regulated industry, you will come to recognize this pattern.

Sometimes this is confused with "deregulation" by wags, but it isn't. There is typically a skeletal structure of actually-enforced regulations, but then the particulars are left on the books but dormant. In certain areas this can lead to unpredictability because it is much easier constitutionally for the Article II government to just elect not to enforce the law (see immigration) than it is for the Article II government to enforce the law in a manner that gives rise to controversy and litigation.

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