The Nuge gets a haircut, ponders running for President.

CBS News has the incredibly important story of Ted Nugent, a.k.a., the Motor City Madman, getting a haircut.  He also shaved off his soul patch but that part of the story doesn't get much play.  You can see a picture of a short-haired Mr. Nugent here.  Our previous coverage of Mr. Nugent is here.

"I don’t run down the pope."

Justice Scalia knows his place.

What does it feel like?

NBC News has a story on Herman Wallace's release from prison yesterday. Mr. Wallace's story is notable because he spent 41 years in solitary confinement in the Louisiana State Penitentiary.  Mr. Wallace was released because women were excluded from the grand jury that indicted Mr. Wallace more than 40 years ago. It is not clear to me how the issue of the exclusion of women from the grand jury did not come up before now. But this post is not about that possible oversight.

Mr. Wallace has terminal liver cancer. Prison doctors stopped treating his illness on August 31, 2013, and told Mr. Wallace he has two months to live. Presumably that figure is now down to one month. I can't imagine what it is like to be free from prison after 41 years, let alone being free from solitary confinement after that long. But imagine trying to adjust to being around people, being free, and the idea of dying within a couple of weeks all at the same time. Calling the feelings involved in such an adjustment overwhelming is probably a disservice to the situation.

UPDATE:  Nola.com reports that Mr. Wallace has died.

Kids these days are awesome

Mr. Gillette pointed me to a post by Judge Richard Kopf called “Justifying harsh sentencing through the power of a single image.” That image was this one:


This shows that violent crime, which has been dropping for decades now, continued its sharp descent over the last few years, at least until 2011. Judge Kopf’s considered opinion is that “harsh sentencing” has a lot to do with this. The idea, as fleshed out by Judge Kopf in the comments to his post, is that longer sentences keep more criminals off the streets, where they can’t commit crimes (except against each other). Judge Kopf also cites with approval the idea that “the graying of America” has lowered the crime rate because old people don’t commit as much crime as young people. Thus, a shift to an older population will reduce the crime rate.

I think it is pretty easy to show that these two arguments (mass incarceration and the greying of Amercia) are not responsible for much of the epic drop in the crime rate. To do so, let’s assume that these arguments explained 100% of the drop in the crime rate. We would expect to see at least two things in the data.

1) We’d expect that the youth crime rate would be relatively stable. This is because the "graying of America" argument assumes a stable crime rate within age groups, and the "mass incarceration" argument assumes that we are imprisoning people longer (but not sooner). Thus, neither of these arguments can explain any appreciable drop in the youth crime rate.

2) To whatever extent other factors might affect the crime rate, we’d still expect that the crime rates of people in middle age would drop more than the crime rates of youth. This is because the mass incarceration argument assumes that we are sweeping up new criminals and keeping them in jail, where they can’t commit any crimes (except against each other). Before the “draconian” sentencing policies, we let those people out of jail, at least sooner, so they presumably used to drive up the crime rate of the middle aged when they got out of jail and went back to their evil ways.

But here are the facts: the youth crime rate has plummeted, and the middle-aged crime rate hasn’t. This FBI report tells the tale. It breaks down the crime rate by age for every year between 1993 and 2001. (I can’t find the data for other years, but this is a good date range because it encompasses the first half of the great crime rate drop, which started in earnest in 1995.)

Focusing on the violent crime rate, we can see that it has plummeted among the very young, merely lessened among the not-so-young, and not dropped at all among the middle-aged:

Age	Change 93-01
15	-43%
16	-44%
17	-41%
18	-34%
19	-25%
25-29	-29%
30-34	-24%
35-39	-7%
40-44	+8%
45-49	+4%

Now, you might be wondering what has happened since 2001. So I did a little work to figure this out. I found the statistics from the 2010 census, which break down the population by age. Then I calculated a violent crime rate for each of the above age groups using the FBI crime data from 2010. Here’s the result:

Age	Change 93-10
15	-66%
16	-63%
17	-62%
18	-57%
19	-51%
25-29	-46%
30-34	-39%
35-39	-39%
40-44	-22%
45-49	-11%

Given these numbers, it’s hard to believe that the graying of the US population has had more than a trivial effect on the crime rate. On the contrary, the drop in the crime rate is overwhelmingly a youth phenomenon. Kids these days—they’re just way better behaved than they used to be. And they keep getting better! They are less than half as likely to commit a violent crime than their forebears from my generation. That is astounding, and demographics cannot explain it.

These numbers also undercut the argument that mass incarceration is a big factor in the crime rate drop. The mass incarceration argument is that the crime rate is dropping because we’re locking up all the bad guys. But these numbers show definitely that there are just fewer bad guys to lock up.

Of course mass incarceration could have had a nice healthy side effect: deterrence. It could be that tough-on-crime policies have scared the bejeezus out of kids. Kids who once were willing to steal a car when it meant just five years in jail are saying “no way!” when it means ten years in jail.

Anyone who’s spent much time around young men knows that this is argument is unlikely to be true. Young men don’t weigh consequences very well, which is why they are vastly more likely to commit crimes in the first place. So changing the incentives at the margin probably doesn’t matter much.

So what does explain this? My favorite theory remains: lead.

Trophies, college football, and clothes

Virtually the entire sports media world would have you believe that today's game between the University of Alabama and Texas A&M University is the most important college football game being played.  This may be true if one is only concerned about which school might be named college football's national champion in January.  True fans of the game know that the most important football game today is game between the University of Iowa and Iowa State University.  The winner of the game is awarded the Cy-Hawk Trophy.  Our previous coverage of the Cy-Hawk Trophy is here.

According to the Cedar Rapids Gazette, Iowa is slightly favored to win.  However, Iowa State is wearing throwback jerseys to honor Jack Trice. Mr. Trice, if you did not know, was the first African-American football player at Iowa State.  He played for the team in 1923 and died as a result of injuries sustained during Iowa State's game against the University of Minnesota.  The jerseys are not the first time that Iowa State has honored Mr. Trice's memory.  In fact, Iowa State s football stadium is named after him.

You can see the jerseys here.  As far as throwback jerseys go, these look pretty good. Some folks say that being a fan of a team is really rooting for laundry (this article says that Jerry Seinfeld made this observation).  If that is true, at least this week's Iowa State laundry stands for something more than just bragging rights for a year.

The game may be ending.

Continuing our coverage of Michigan state court judge Wade McCree (see here, here, here, and here), the Michigan Judicial Tenure Commission has reached a decision and recommendation for the Michigan Supreme Court about how to handle the charges that Judge McCree engaged in improper conduct while on the bench.  Most of the allegations relate to the fact that Judge McCree became romantically involved with a woman who had a case pending before him. You can read the decision and recommendation here.  In essence, the commission recommends that Judge McCree be suspended from being a judge for a period of six years beginning on January 1, 2015. Judge McCree is up for re-election in 2014.  So, if the voters in Wayne County, Michigan decide someone other than Judge McCree should be their judge, then Judge McCree's suspension will not take effect (assuming that the Michigan Supreme Court adopts the recommendation).  Or perhaps Judge McCree will simply have been suspended by a different authority than the Michigan Supreme court.  I suppose that is a matter of perspective.  

"[W]e find that a hot dog is a sandwich..."

That's a line in this recent decision from the Trademark Trial & Appeal Board. Technically it's dicta, but I think we can consider that important question settled. Next time I go to a ballgame I'm going to go up to the concession stand and say, "One hotdog sandwich, please," just to see what happens.

More importantly, the Board found that "footlong" is a generic term with respect to sandwiches, so Subway can't register a trademark on it.

Previous coverage of this issue here.

In case you're wondering, the last time I checked the litigation over whether Subway's "footlong" sandwiches are deceptively titled had been centralized into a Multi-District Litigation case in the Eastern District of Wisconsin. If I have time, I will see if there have been any post-worthy developments there.

--Bart Torvik

Some things never die.

Although the current heat wave in Minnesota is evidence to the contrary, summer is turning to fall. Among other things, this means a return to politics as usual in Washington. One of the first things we can expect is another batch of stories about the need to raise the debt ceiling. Matthew Ygelsias at Slate has a preview here.

Crime down, prosecutions ... down?

On Friday, I published a chart showing that, despite dropping crime rates, the rate of people being sentenced in federal court has gone up.

As I mentioned then, one plausible explanation for this mismatch is that there is just something particular about federal crimes (which are a small slice of overall crimes). So I went looking for some state-only data. I was able to find some data on the number of number of felonies filed in Illinois courts each year since 1997. If you add that data, you get this chart:

(All three lines are normalized to an index rate of 100 in 1997, so this shows their relative change over time.)

The blue line is the new Illinois data. Unlike the federal sentencing rate (which has gone up despite the drop in crime) the Illinois felony-filing was steady between 1997 and 2006, after which it began to mirror the drop in the overall crime rate. So that's kind of encouraging. And it's evidence that undercuts my implicit hypothesis that the prosecution rate isn't at all sensitive to the crime rate.

Paul Soglin, Mifflin Street, and Fair Use

Eugene Volokh has a nice post about a recent federal court decision discussing the use of Paul Soglin's image on some T-shirts sold at the 2012 Mifflin Street Block Party:

The photographer who took the image used for the shirts sued for copyright infringement, but the Court dismissed the case on fair use grounds.

The opinion also nicely lays out the ironic backstory. As you may know, the Mifflin Street Block Party started during the student protest era, with a young firebrand named Paul Soglin at the forefront. Well, times change. Paul Soglin has now been Madison's mayor a bunch of different times, and he's pretty much a party-pooper nowadays. So it goes.

As for my own experience with the Mifflin Street Block Party, I can personally attest to the high quality of the brownies.