Michael Heller’s Prescription for Gridlock
Michael Heller is one of America’s leading authorities on property. He is the Lawrence A. Wien Professor of Real Estate Law at Columbia Law School.
His new book The Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, and Costs Lives was released in 2008. In The Gridlock Economy, Heller draws on everyday experiences - from airport delays to new-style rap music - to show why the structure of ownership matters so much more than people may realize. Private ownership usually creates wealth, but too much ownership has the opposite effect - it creates gridlock. This is a free market paradox that Heller discovered and it's the dynamic at the center of our gridlock economy.
Question: How can under use be addressed?
Michael Heller: Well, the first and most important way to start dealing with gridlock, to fixing gridlock is to spot it and make it visible. So, with this conceptual tool that I’m giving you, the tool of the tragedy of the anticommons, everyone of us, it isn’t just policy officials, it isn’t just regulators, as a matter of fact, every single one of us individually, if we’re a cancer patient or a family of someone who is or an inventor or an innovator or an entrepreneur or someone who is concerned about the state of what’s happening in Washington, this is the tool for helping you think about and frame ways to intervene in your own business, in your own family life, in the economy, as an advocate, as an entrepreneur, with this tool you can begin to spot the gridlock dilemmas that are around you. And my hope is that once you can spot them, people will begin to be able to come together with others who are facing similar problems and then say, “Hey, we have a solution that works in this other anticommons area, let’s see if we can make it work here.” So, just like the tragedy of the commons help bring together the environmental movement, my hope is that this unifying umbrella, the single conceptual breakthrough or idea gives the tool the people need to begin to come together to work together.
Question: How do you get private owners to agree to a common good?
Michael Heller: So the steps to a solution, first are getting people to realize that underuse is as costly to our economy as overuse, so one of the ways that we get that is noticing that the fact that we only have 1% of our electricity coming from wind power isn’t just a given, isn’t a force of nature. It’s a choice that we’ve made about structure of ownership. So, once we see that we can change that, we can begin to talk with those utility companies along the way and those states along the way of potential routes. And, we actually in this country already have the authority to fix this. Let me give you a precedent which is the same problem that we have with wind power, we have a related problem with cellphone towers just a decade ago. We couldn’t build cellphone towers to have nationwide phone service, because, again, every single community want that they’d be nationwide service, they just didn’t want the tower in their community. They wanted it the next community over. So, in the 1996 Telecom Act, so 12 years ago, Congress made a federal law that communities couldn’t block cellphone towers. The downside? We have some ugly towers, you know, but we don’t necessarily want them. The upside is that we created 200,000 cell phone towers in this country. We’ve created a basic infrastructure that we need for the next generation of cell technology. We can do the same thing with wind power. Two years ago, in 2005 Energy Act, Congress gave the president the authority to override state objections to national transmission networks. So, the president actually has the authority to fix the transmission problem. So, one insight maybe from the economy perspective is to say to the president, “Hey,” you know, “this is a gridlock problem. You have the power to fix it, and here’s some language that you can use, and in talking to people and explaining to people what the problem is and why you’re doing that.” We only give patents to promote invention. We say, “We’ll give you a monopoly on this idea for a period of time to encourage you to invent something.” But it turns out that today more patents are leading to less innovation. So, the point of the patent system is to create innovation, we have to think about ratchet in the other way as well… We can get more innovation, more drugs, save more lives, but maybe narrowing a little bit what it means to have a patent. We don’t want to end patents, we just want to make patents serve the original purpose, the only purpose for which they were intended, which is to spur innovation.
Once people spot instances of gridlock, they can begin to address them collectively, says Michael Heller.
"I was so moved when I saw the cells stir," said 90-year-old study co-author Akira Iritani. "I'd been hoping for this for 20 years."
- The team managed to stimulate nucleus-like structures to perform some biological processes, but not cell division.
- Unless better technology and DNA samples emerge in the future, it's unlikely that scientists will be able to clone a woolly mammoth.
- Still, studying the DNA of woolly mammoths provides valuable insights into the genetic adaptations that allowed them to survive in unique environments.
Tracking project establishes northern Argentina is wintering ground of Swainson's hawks
- Watch these six dots move across the map and be moved yourself: this is a story about coming of age, discovery, hardship, death and survival.
- Each dot is a tag attached to the talon of a Swainson's Hawk. We follow them on their very first migration, from northern California all the way down to Argentina.
- After one year, only one is still alive.
Discovered: destination Argentina
Young Swainson's hawks were found to migrate to northern Argentina
The Buteo swainsoni is a slim, graceful hawk that nests from the Great Plains all the way to northern California.
It feeds mainly on insects, but will also prey on rodents, snakes and birds when raising their young. These learn to fly about 45 days after hatching but may remain with their parents until fall migration, building up flying skills and fat reserves.
A common sight in summer over the Prairies and the West, Swainson's hawks disappear every autumn. While it was assumed they migrated south, it was long unclear precisely where they went.
A group of researchers that has been studying raptors in northern California for over 40 years has now established exactly where young Swainson's hawks go in winter. The story of their odyssey, summarized in a 30-second clip (scroll down), is both amazing and shocking.
Harnessing the hawks
A Swainson's hawk, with tracking device.
The team harnessed six Swainson's hawks in July, as they were six weeks old and just learning to fly. The clip covers 14 months, until next August – so basically, the first year of flight.
Each harness contains a solar-powered tracker and weighs 20 grams, which represents just 3% of the bird's body weight. To minimize the burden, only females were harnessed: as with most raptors, Swainson's hawk females generally are bigger than males.
The first shock occurs just one month (or about 2.4 seconds) from the start of the clip: the first dot disappears. The first casualty. A fledgling no more than two months old, who never made it further than 20 miles from its nest.
By that time, the remaining five are well on their way, clustering around the U.S.-Mexico border in Texas. Swainson's hawks usually travel at around 40 mph (65 km/h) but can almost double that speed when they're stooping (i.e. dive down, especially when attacking prey).
There's a strong genetic component to migration. As usual, the Germans have nice single word to summarize this complex concept: Zugunruhe ('tsook-n-roowa'), literally: 'migration unrest' (1). It denotes the seasonal urge of migratory animals – especially birds – to get on their way. Zugunruhe exhibits especially as restless behavior around nightfall. The number of nights on which it occurs is apparently higher if the distance to be traveled is longer.
The birds may have the urge to go south, but genetics doesn't tell them the exact route. They have to find that out by trial and error. Hence the circling about by the specimens in this clip: they're getting a sense of where to find food and which direction to go. Their migratory paths will be refined by experience – if they're lucky enough to survive that long.
Each bird flies solo: their paths often strongly diverge, and if they seem to meet up occasionally, that's just an illusion: even when the dots are close together, they can still be dozens if not hundreds of miles apart.
Panama snack stop
The Central American isthmus is a major bird migration corridor
They generally follow the same route as it is the path of least resistance: follow mountain ranges, stay over land. Like most raptors, Swainson's hawks migration paths are land-based: not just so they can roost at night, but mainly to benefit from the thermals and updrafts to keep them aloft. That reduces the need to flap wings, and thus their energy spend – even though the trip will take longer that way.
As this clip demonstrates, the land-migration imperative means the Central American isthmus is a hotspot for bird migration. Indeed, Panama and Costa Rica are favorite destinations for bird watchers, when the season's right. A bit to the north, Veracruz in Mexico is another bird migration hotspot.
It's thought most hawks don't eat at all on migration. This clip shows an exception to that rule: on the way back, one bird takes an extended stopover of a couple of weeks in Panama, probably spending its time there foraging for food.
So, when they finally arrive in northern Argentina, after 6 to 8 weeks' migration, the hawks are pretty famished. Until a few decades ago, they fed on locusts. For their own reasons, local farmers have been getting rid of those. The hawks now concentrate on grasshoppers, and basically anything else that's edible.
For first-time visitors, finding what they need is not easy. Three of the five dots go dark. These birds probably died from starvation. But two birds thrive: they roam the region until winter rears its head in South America, and it's time to head back north again, where summer is getting under way.
Both dots make it back across the border, but unfortunately, right at the end of the clip, one of the surviving two birds expires.
Harsh, but not unusual
This old lady is 27 years old, but still nesting.
While a one-in-six survival rate may seem alarmingly harsh, it's not that unusual. First-year mortality for Swainson's Hawks is between 50% and 80%. Disease, starvation, predators and power lines – to name just a few common causes of death - take out a big number.
Only 10% to 15% of the young 'uns make it past their third or fourth year into adulthood, but from then on, annual survival rates are much better: around 90%. Adult Swainson's Hawks can expect to live into their low teens. There's one documented example of a female Swainson's Hawk in the wild who was at least 27 years old (and still nesting!)
The Californian population of Swainson's Hawks plummeted by about 90% at the end of last century but is now again increasing well. The monitoring project that produced this clip has been going for about four decades but is seeing its funding dry up. Check them out and consider supporting them (see details below).
Migration trajectory of B95, the 'Moonbird'.
Not all migrating birds shun the ocean. Here's an incredible map of an incredible migration path that's even longer than that of the Swainson's hawks.
In February 1995, a red knot (Calidris canutus rufa) in Tierra del Fuego (southern Argentina) was banded with the tag B95. That particular bird, likely born in 1993, was recaptured at least three times and resighted as recently as May 2014, in the Canadian Arctic.
B95 is more commonly known as 'Moonbird', because the length of its annual migration (app. 20,000 miles; 32,000 km) combined with its extreme longevity (if still alive, it's 25-26 years old now) means its total lifetime flight exceeds the distance from the Earth to the Moon.
As many other shorebirds do, the red knot takes the Atlantic Flyway hugging the coastline and crossing to South America via the ocean.
B95 has become the poster bird of conservationists in both North and South America. A book titled Moonbird: A Year on the Wind with the Great Survivor B95 (2012) received numerous awards, B95 has a statue in Mispillion Harbor on Delaware Bay and the City of Rio Grande on Tierra del Fuego has proclaimed B95 its natural ambassador.
Perhaps one day the nameless Swainson's Hawks in this clip, fallen in service of their ancestral instincts – against the odds of human increasing interference – will receive a similar honor.
Strange Maps #965
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(1) 'Zug' is a wonderfully polyvalent German word. It can mean: a train, a chess move, a characteristic, a stroke, a draft (of a plan), a gulp (of air), a drag (from a cigarette), a swig (from a bottle), and more.
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