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Between 2009 and 2020, Josh published more than 10,000 blog posts. Here, you can access his blog archives.

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The Fall of Intrade

March 18th, 2014

Buzzfeed has an indepth look at how Intrade tired to toe the line between prediction market and gambling site, and due to its own internal problems, failed quite spectacularly.

Though Intrade was tiny, and based in Ireland for regulatory reasons, its backers included several billionaires and a passel of American hedge fund managers. The site reflected their gospel of quantification — the numerical ethic that has spread, in recent years, from the finance world to nearly every competitive facet of American life. Intrade says its users wagered a total of $230 million on the 2012 presidential campaign, which made it nothing more than a flyspeck in comparison to actual financial markets. But it attracted an avid community of traders — finance guys, card sharks, political junkies — most of them young men in their twenties, the Xbox and Red Bull demographic. They scoffed at the rubes, like the tea partiers who bet real money on Herman Cain. They competed for inside information, cozying up to political reporters and campaign workers. A few traders, the evidence suggests, employed the sort of bucket-shop tricks that might have gotten them handcuffed by the Securities and Exchange Commission if they had tried them in their day jobs. When they made a killing, the wolves of Intrade howled about it on the site’s message boards, and on Twitter.

On primary nights, Lau would sometimes call county clerks to pry out the latest voting numbers, before they reached news organizations. “That’s what I think a lot of Wall Street is,” Lau says. “Have an edge and don’t tell anyone about it.”

In his wagering, Lau gave similar weight to the teachings of Paul Tudor Jones — a Wall Street legend who was an early Intrade investor — and Billy Beane, the statistically minded baseball executive who was the hero of the book and movieMoneyball. His computer system owed something to Black-Scholes, a financial model for derivatives, and something to Nate Silver, the poll-crunching star of the 2012 election, then based at the New York Times. Though Lau’s winnings were modest — “five figures,” he says, money he was setting aside to pay for an MBA program — he thrived on the competition, and the stories, perhaps apocryphal, of traders who had hit big jackpots. “Some other guy,” he tells me, “bought a million-dollar condo in the Financial District with his winnings.”

The night of the 2012 election, Lau camped out in his office adjacent to his firm’s trading floor, taking advantage of the ultrafast internet connection to get an extra nanosecond’s advantage over the guys using their living room Wi-Fi. Meanwhile, down in Virginia, Joe Schilling — a communications professional who drove a car with the vanity plate “BETSMRT” — was sitting in front of three computer screens, monitoring the markets for individual states, which you could also bet on Intrade. “We were buying, hand over fist, Obama-Virginia contracts in the 40s,” he said, “and rode it all the way up to 100.”

Along with the reelected president, new modes of quantitative analysis were vindicated by the 2012 campaign season, which sometimes seemed as much a contest between dueling statistical models as ideologies and candidates. Journalists like Silver and the Washington Post’s Ezra Klein, and the Obama campaign’s own sophisticated numbers operation, were hailed as avatars of a new force of rationality in media and society. The nerds won.

But Intrade wasn’t given much of a chance to capitalize on the moment. Within months of the election, the company had collapsed beneath the weight of a U.S. government lawsuit and a crippling financial scandal. Some of the factors in Intrade’s demise — regulatory ambiguity, erratic management, a flawed business model — were ills common to many internet startups. Other travails, including the mysterious death of its longtime CEO on Mount Everest, were like plot twists from an adventure novel. But the root source of the market’s problems, defenders say, was a gap, perhaps unbridgeable, between a promising model for predicting the future, and the legality of Intrade’s betting parlor.

As New Yorkers cast their ballots for mayor, Lau could do nothing but rue the wasted profit opportunities. “What is gambling? Can someone define gambling for me?” he asks. “Is it putting money on an uncertain outcome? Then that sounds like Wall Street.”

Unprecedented Talks in the Bay Area

March 18th, 2014

On Wednesday, March 19, at 6:15 p.m. I will be giving a talk to the San Francisco Federalist Society Chapter at One Embarcadero Center, Suite 350. On Thursday at noon I will be speaking at the Santa Clara School of Law. If you are in the area, please come stop by.

Epps on the difference between Ginsburg and Breyer

March 18th, 2014

I agree wholeheartedly with Garrett’s rejoinder to Chemerinsky’s silly call for RBG to retire, but one of the most enjoyable parts of the piece is this “study in contrasts” between RBG and Breyer. Enjoy:

If she were to retire at the end of this term, that leadership role would, for the next few years, fall to Justice Stephen Breyer, 75. (Chemerinsky also suggests that Breyer “consider” stepping down.) Though Ginsburg and Breyer are both “liberals” on this Court’s spectrum, they are a study in contrasts. Where Ginsburg fights, Breyer dithers; where her ideas are clear, his are mercurial; where she draws lines, he wanders across them; where her dissents are straightforward, his tend to be—well—incomprehensible.

“Obama to Hispanics: We won’t deport relatives because you enroll in ObamaCare”

March 18th, 2014

I don’t think this headline means what its author tried to convey. When I first read it, it seemed to say that signing up for Obamacare will save relatives from deportation. But, when you read it, the President said that signing up for Obamacare will not attract attention from the government that will lead to deportation of relatives. There is some kind of misplaced modifier. “Because” is certainly not the right word. Maybe “if” would work better.

“Accountability for Predictable Disasters”

March 18th, 2014

An interesting proposal of how to use tort law to hold liable those who fail to plan for predictable disaster, by Bark Orbach, titled “Accountability for Predictable Disasters.” Here is the abstract:

This Article seeks to make a contribution to the understanding of how legal rules can reduce the social costs of disasters. The Article identifies and studies a pattern of decisionmaking failures whose existence may appear implausible: situations where decisionmakers know (or should know) that a high-impact negative event is about to happen or is already happening yet they fail to consider the implications of the coming or unraveling disaster. For example, awareness of the real-estate bubble of the 2000s did not prompt policymakers and boards of a few large financial institutions to evaluate the inevitable collapse. Similarly, credible warnings about unsustainable risks do not always persuade decisionmakers to take action until disasters happen, such as large-scale foodborne outbreaks, the frequency of extreme weather events, shocking gun violence incidents, and financial schemes that hurt the public. The Article explains why the traditional legal and economic thinking are generally skeptical of the proposition that decisionmakers could fail to consider the inevitable consequences of catastrophes they know about. It argues that this skepticism directs both public policies and legal rules that address predictable disasters. Specifically, the Article shows that several core legal presumptions regarding decisionmaking are crude and inadequate for extreme situations. The Article concludes that the present denial of familiar patterns results in limited accountability for failures to consider the inevitable consequences of known catastrophes.

And from the article:

The Article’s central thesis is that, the legal system can reduce the social costs of predictable disasters through regulation and liability. The thesis is well situated within our legal tradition that utilizes ex ante regulation and ex post liability to reduce the costs of accidents.15 For example, under tort law, a person who displays “reckless disregard for risk” or “reckless indifference to risk” may be liable for recklessness.16 Under this rule, Ford Motors’ decision to save $4-$8 per car and sell Ford Pintos with fire-prone gas tanks was held “a conscious disregard of the probability of injury to others” and subjected the company to punitive damages.17 Similarly, Exxon paid $5 billion punitive damages for the Exxon Valdez oil spill because the company’s senior executives “gave command of an oil tanker to a man they knew was an alcoholic who had resumed drinking after treatment that required permanent abstinence, and had previously taken command in violation of Exxon’s alcohol policies.”18 And, of course, the modern purpose of regulation is to reduce the social costs of imperfections.19

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