Instead of Regulation: Alternatives to Federal Regulatory Agencies

Jr, Robert W. Poole

Yet he also seemed, at times, to act as if he were the last believer in absolute kingship. He first emerged from obscurity when the 1848 uprisings were shaking the thrones of Europe and the...

...Most of the authors here do not question whether the cost of consumer and employee protection is "worth i t , " a stance which would definitely not be politic...
...This, Bismarck understood, was m be prevented at all cost...
...If Mr...
...If regulatory reform was to be accomplished, t h e i r s u p p o r t would be r e q u i r e d . To obtain t h i s , the advocates of reform needed to develop a case for change that would stand up to serious factual and political challenges, certain to be pressed by groups likely to lose economic advantages...
...For all t h a t , Bismarck was not then, nor l a t e r , the reactionary he sometimes seemed to be...
...How would individuals, businesses, labor unions, and others conduct their affairs ? How could laws be changed, if need be, to help resolve the problems that inspired regulation in the first place...
...He was portrayed as a diabolical schemer and cynic, thwarting French destiny and tampering with Russian interests in Bulgaria...
...Crankshaw does not consider...
...Since most injuries for which workers' compensation is paid are minor, Smith proposes allowing workers' compensation insurance policies with deduc'tible clauses...
...policies or spending cuts...
...In N.u add sales tax...
...In an age of nationalism ("that beer-hall enthusiasm," as Bismarck scornfully called it) German nationalism was probably irrepressible...
...Certainly, reasonable men could still differ about specific tax David Asman, former editor of Manhattan Report on Economic Policy, is a free-lance writer living in New York...
...VISA mm your ( _9 [] Pr( _9 11 ca _9 text...
...If President Reagan is to have any impact on the regulatory morass, he must develop a strategy far more effective than any he has employed thus far...
...Even if Mr.,Crankshaw is right in condemning it as Europe's chief mischief-making force, it is not easy to see how Bismarck h i m s e l f could have suppressed it...
...9 following the taped lessons...
...As we have seen during the first year-and-a-half of Ronatd Reagan's presidency, federal regulatory agencies are harder to exterminate than a houseful of cockroaches...
...Only a Professor of Philosophy could deny that the author of these _9 sentiments was a Nazi...
...and 300-page text...
...Kennan's far more serious and scrupulous study (which is only partially about Bismarck) is a necessary antidote to Crankshaw...
...You progress m according io the schedule you establish...
...Emord DePaul College of Law Chicago, Illinois The Delightful Mr...
...This is war, and we need combat manuals which describe the most effective and up-to-date methods of liberating our captive economy...
...I cannot believe that your editorial staff actually allowed this piece of trash to be printed...
...Jonathan V...
...And when he went, the balance was soon destroyed...
...Unfortunately, one of these spoilers could not be easily dismissed...
...Thus, Aransofi recommends dismantling the EPA at the federal level, leaving communities to decide for themselves what action to take with polluters...
...In any case, Reynolds's discussion would have been more valuable had he focused on the much thornier issue of gas decontrol or analyzed the infantile concept of formulating national energy "programs" through a department of energy...
...This strategic vision and the political skill to apply it successfully are given to few in the measure Bismarck possessed them...
...Whether a prolongation of this highly civilized arrangement would have made for stability, given the ambitions of the French and the Russians, or merely provided a tempting territorial menu for their consumption, is a question Mr...
...F i v e other chapters of Instead of Regulation also focus on federal attempts to regulate private profits and internal marketing strategies...
...But the dynastic principle, as noted above, was weakening: already showing those strains that were to destroy it forever within a few decades...
...The authors well understand that politicians will not initiate regulatory reform simply because such reform might be practical and logical...
...The question then becomes: Must the government regulate that price...
...Naturally, Bismarck was enemy number one to these factions...
...There's no risk and no obligation, so order today...
...Instead of Regulation: Alternatives to Federal Regulatory Agencies, a collection of 11 essays on as many federal agencies edited by Robert W. Poole, Jr., is just such a manual...
...But at least Reynolds reminds us how Pleased we should be that we are again being served by oil companies and not by OPEC...
...C 0 R R E S P 0 N D E N C E IQgogegIwiaI~Iia~Q0Ii00UwggI~6aQiI4OBQ0Om00~OQ00Qaii6i0~i0jOggQgQB0g0G~6tOQ0~iIIOIggG9~g0m~66~0a~imoIiO0ggQ~4@biI64~4ii0OQQ~gQQ0qg6QQ~ma~66~UOO0~q00Q~ ~ Lousy Lovers Re: Taki Sex Article ("American Women Make Lousy Lovers," TAS, August 1982...
...The academicians had said it couldn't be done...
...Russia's pan-Slavic agitators yearned to set up a "greater Bulgaria" and to control access to the Black Sea...
...It is thus no longer enough to show how regulatory excess stifles the economy and hope such examples will stir regulatory agencies to selfdestruct...
...And, finally, diplomatists of the old school worked from shared values and established civilities that one would be h a r d - p r e s s e d to discover in the world's turbulent affairs today...
...Maureen K. Gawler R oc kville , Maryland I found Taki's article "American Women Make Lousy Lovers" an unfortunate departure from the usually scintillating reportage of The American Spectator...
...Wait and see," they cautioned...
...If Simon seeks pure market determination of land use, he should support tax policies that have a more neutral effect...
...He had wonderful things...
...Though I am terribly insulted by the piece I did learn something: EUROPEAN MEN ARE LOUSY WRITERS...
...and it was to this objective that he bent his extraordinary talents...
...He continues: "It becomes c l e a r . . , in which people the Chandala hatred for Aryan humanity has been immortalized, where it has become genius . . . Christianity growing from Jewish roots and comprehensible only as a product of this soil, represents the reaction against the morality of breeding, of race, of privilege--it is the antiAryan religion par excellence...
...It was Bismarck, this tall, outwardly phlegmatic Prussian squire with a weakness for poetry, mild h y s t e r i a , hot baths, and f r u i t trees, who braced the king and saved the Prussian system from constitutionalism and liberalism...
...American women doubtless have been sitting and " l i s t e n i n g " politely for fear of being rude: See what sparing the pride of a "lousy lover" does...
...Great-power diplomacy in this last period of relative European stability before the cataclysmic wars of the twentieth century provides one of the great laboratories of historical study...
...It is relatively easy to explain how consumers are hurt when companies are not allowed to engage in competitive pricing...
...A f t e r 1871 the German empire under Bismarck was a satisfied entity...
...Other agencies debunked in this section include the Food and Drug Administration, the Consumer Product and Safety Administration, and the Federal Aviation Administration (in a chapter by editor Poole...
...The Secui'ities and Exchange Commission, the Federal Trade Commission, and the Federal Communications Commission are discussed with equal panache by respective experts...
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...Austria, a multi-national empire embracing and aspiring to be the patron of rival Slavic principalities, contended b i t t e r l y with the Russians for gain and advantage as Turkey faded...
...But the regulatory hamstrings which had been holding back productivity in this country for well over a decade were at last going to be cut...
...In section 3 of "The Improvers of Mankind" in his Twilight of the Idols (generally regarded as the nearest he came to an ordered summary of his "philosophy") Nietzsche expounds on the virtues of the breeding of definite races and species and applauds the ancient Indian proposal in the Law of Manu to breed four races simultaneously...
...Is such an alternative in fact possible...
...Reading Instead ofReg ulation would be an excellent way to begin...
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...The alternative to Bismarck's architecture, at least on paper and to the extent that history discloses missed alternatives, was a continuation of the multiplicity of vest-pocket German principalities, ruled by various kings, princelings, and dukes, all mildly dominated by Austria...
...Hopefully, farmers and environmentalists/eco freaks will not be stupefied or gulled by economic analysis...
...Once the case for airline deregulation became attractive politically, none other than Ted Kennedy began hearings on CAB deregulation in 1974--which is precisely the point: Deregulation must be an issue that will play to consumer-conscious liberals and pro-business conservatives alike...
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...The essay gives a blow-by-blow account of the inequitable and inept attempts at airline regulation and of the political maneuvering necessary to dismantle a federal agency...
...But it is more difficult to convince airbreathing consumers that they would be better off without the Environmental Protection Agency...
...deregulation has to be presented as a politically attractive option: i By the mid-1970s, virtually all economists believed that CAB regulation was economically unsound...
...You work _9 when and where you can...
...Names may change...
...Determined to finish the job started by the Kennedy hearings, Kahn accelerated the orderly transition to open competition among the airlines faster than anyone expected...
...I have not read Werner Dannhauser's essay on Nietzsche in the May issue, but I am surprised by Professor Alderman's attempt to deny that Nietzsche was a Nazi -(Correspondence, TAS, July 1982...
...So farmers pursue only their own private interest when they seek to have their land assessed at its agricultural value...
...Lexington Books / $25.95 David Asman Hearken back to those halcyon days immediately following the election of Ronald Reagan as President of the United States...
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...These involve pH level, evapo-transpiration rates, mean soil temperatures, ease of drainirig the land, and coarseness of soil particles, for example...
...Read alone, Mr...
...Barely audible above this din of celebration were the warnings from a few d i s t a n t observers...
...Marcus Alexis, formerly an anti-regulation plant at the Interstate Commerce Commission, gave Reagan and his questionable appointee at the ICC, Reece Taylor, a D for sluggishness on trucking deregulation...
...Legislators, however, not economists, determine the ultimate course of the law...
...Bismarck and his conservative contemporaries sought to preserve stability in an inherently unstable environment...
...To this end he drew upon the vestigial dynastic relationship between the German emperor, the emperor of Austria, and the Tsar of Russia to create the "three-emperors' l e a g u e " of 1871...
...Circuit Judge Stephen G. Breyer and his research associate Leonard R. Stein...
...How is_it that Ronald Reagan-who before becoming President made a career of describing the ill-effects of government regulation--has had so little success at deregulating the economy...
...Please send me the followtng course(s): [ ] Programmatic Spanish - - Vol...
...Very well...
...Because if it's not, you can cancel my subscription and refund the balance of the $18 a year I sent to you to be intellectually stimulated...
...The answer is unfortunately simple: The regulatory bureaucracy has developed a staying power greater than the political momentum of even this anti-regulation President...
...Buckley Camden, South Carolina The Aryan Humanist As a new reader and subscriber (the July issue was my first) I have come late to the Nietzsche controversy...
...Cheever...
...and naturally they worked full time to discredit him, even at times with forged documents...
...The final stage of airline deregulation was orchestrated by the CAB itself with the appointment in 1977 of Alfred Kahn as chairman...
...Nolte didn't call to the attention of your readers the chapter in which Mr...
...How paltry the New Testament is compared with Manu, how ill it smells...
...Kennan shows ---to lure Russia into a military alliance at Germany's expense...
...We will send you the entire audio cassette _9 series and instruction books to lead you _9 step by step to fluency in weeks...
...Are swamps places of incubation, development, refuge, or rest for birds, shellfish, and other creatures...
...As the authors conclude: Despite the glaring deficiencies of airline d e r e g u l a t i o n , reform would not have been realized without the concerted effort of two presidents, several legislators, and two reform-minded CAB chairmen...
...9 The Foreign Service Institute has careD fully developed, tested_9 and refined ~ts lanm guage courses to train the U.S...
...Bismarck correctly saw it as his task to maintain a civil and stable relationship with both Russia and Austria, all the while r e s t r a i n i n g their Balkan quarrels and refusing to allow Germany to be drawn into them...
...Dusa Gyllensvard Chevy Chase, Maryland Re: "American Women Make Lousy Lovers" by Taki...
...I pb _9 TOO _9 with , _9 order...
...at your own pace...
...F,R...
...The Russian panSlavs were natural allies of the French chauvinists...
...James Ramsey, Chairman of Economics at New York University, gave Reagan a D+ in energy deregulation because of the Administration's failure to decontrol gas and dismantle the Department of Energy (the plus was for the decontrol of oil...
...Humans may prove too ignorant or too arrogant to appreciate such functions, and consequently destroy them and the wildlife and recreation they sustain...
...Did Bismarck, then, create, or did he merely channel, the force of German national s t a t i s m - - M r . Crankshaw's b&e-noire...
...I also reviewed Mr...
...Indeed Mr...
...My only reservations concern the essay on energy regulation by Alan Reynolds, which for the most part decries the effects of domestic controls on the price of oil...
...To call him an "entrenched defender of the status quo [with] . . . the armament of the revolutionary and the temperament of a Jacobin" is more colorful than exact--or meaningful...
...Non-agricultural, assessment becomes the aIly of developers and their customers / constituents...
...If _9 youre not completely satisfied, r:elurn Jt for a I full refund...
...Pray tell, how could they have a purer interest in the process ? If the value of land for mall/ housing/park/road use is $10,000 per acre and up, while the agricultural value is $3,000, property taxes based on non-agricultural assessments will pressure farmers to quit the land...
...Some of the eleven authors adhere to this formula more closely than others, and it is to Poole's credit that those who do fare far better than those authors who merely remind us of the evils of regulation...
...With that reform realized, deregulation has begun to prove its own case...
...Crankshaw's intense disapproval of Bismarck's undoubted talents for intrigue and prevarication, such cob orful impressionism diverts the reader ,from the complexities of the European situation and from the symmetries of Bismarck' s diplomacy...
...They gradually wore away the preference of the Tsar himself for the German connection by harping upon Russia's holy mission arid destiny in the Balkans...
...Of course the correspondences to our age (even though some of the problems retain a curious resonance even a f t e r a c e n t u r y ' s time) are limited...
...For anyone with teenage sons in the '60s and '70s, it is a memory of long-ago battles to look up and cherish...
...Finally, each author thinks the unthinkable: What if the agency ceased to exist...
...It was a time of unabashed gloating by conservatives of every stripe...
...There were no revolutionary ideologies of paramount importance, unless pan-Slavism be counted one...
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...He wanted a strong German state under a strong, but not autocratic, king...
...The above criteria may be modified to fit the land use contemplated...
...As wellversed in your new language as if you _9 worked for the Foreign Service Corps _9 - - because that's exactly whom youll be _9 learning from...
...George Hiltonpresents the case for deregulating ground transportation, suggesting in fact that the ICC is the next likely candidate for extinction...
...Connell Greatly enjoyed William H. Nolte's piece on Evan ConneU (TAS, August 1982), whose Mr...
...and shouider strap (nationally advertised for $139 00...
...Please send the Toshiba KT-S3 Personal Stereo Cassette Player at the low pnce of $89.95 plus $4,00 for shzppmg and handhng m m m m m m THE AMERICAN SPECTATOR OCTOBER 1982 39 pollution control, Peter Aranson argues that the Environmental Protection Agency is ill-suited to decide cost-benefit issues for local communities, as it now does...
...Whether one is willing to risk further conversion of land may hinge upon one's assessment of present stewardship of land by American farmers...
...Agricultural land is converted to non-agricultural use much more slowly than is commonly thought...
...and Mrs...
...Evan Connell surpasses him...
...Crankshaw, usually so judicious, has in this case allowed Gladstonian liberal moralism to run away with the story...
...He talks of the "gentle and rational" people who devised the proposal: "One draws a breath of relief when coming out of the Christian sick house and dungeon atmosphere into this healthier, higher, wider world...
...the ecological functions of the swamps or wetlands are more important...
...Crankshaw is indignant at Bismarck's failure to t r e a t the Berlin liberals with sympathy, or even common courtesy...
...But is it comforting to know that only 500,000 acres annually, near cities, are converted, plus the acreage changed through the flush of interest in exurban and rural living...
...These programs have to work- our State Department depends on them...
...Instead, they have assumed that both workers and consumers are willing to pay a price for their safety...
...Here is one of those desperately embarrassing situations bringing to mind the "diva" of the Tabor Opera House...
...Cousinship among the principal monarchies still had some meaning, however a t t e n u a t e d the dynastic principle...
...Before taking over as editor of Reason magazine, Poole earned two engineering degrees from MIT, and his book reveals an engineer's penchant for precision...
...1 Basic: [ ] Basic French--Part 1:11 cassettes (16 hrs ). 11 cassettes (16 hrs...
...They have provided neither intelligent indicators nor a compelling rationale for their claims . . . . Continuing his wordplay, Simon substitutes "swamps" for "wetlands...
...You can be fluent in Latin American Spanish or French...
...I n other words, the Current notion of employer liability for all accident costs would be maintained, but without allowing employers to-insure against the first X dollars of c o s t . " With l'ega"rd to - - Lear Spanish - - = I and French i the U. 8. Foreigr L service way...
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...The research wing of the NALS concurs--3 million acres annually is an outlandish figure...
...Bismarck was its last patron, the last European statesman to use it successfully as a counterweight to nationalism...
...But they were wrong, all wrong, and at last we were going to get government off our backs...
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...One year later, at a conference sponsored by the Manhattan Institute, five economists and analysts were asked to rate Reagan on his deregulation efforts...
...When a union was forged between Senator Kennedy and President Ford on deregulating the airlines, the 1974 ,Kennedy hearings generated widespread publicity...
...This chapter must have been written immediately after Reagan lifted controls on oil, because Reynold s mentions decontrol only in passing...
...Some economists muddle the discussion by contending that prime land has no stable meaning...
...Bridge novels are sheer delight...
...Bridge when it came out in 1969, and I'm surprised Mr...
...The final five essays of the book deal with an area of government regulation about which conservatives and liberals hardly ever agree: worker- and consumer-' 'protection" laws (and agencies...
...There were no puny microstates, swarming and fulminating at a world assembly...
...Finally, the Senate passed the Kennedy-Cannon Bill, the House approved a similar bill several months later, and on October 24, 1978, President Carter signed the Airline Deregulation Act into law...
...Between 1862 and 1870, with the measured use of Prussian military prowess, he put together a union of the North German states...
...Instability is, of course, l a t e n t in any balance of power (or " c o r r e l a t i o n of f o r c e s , " as Soviet jargon has it...
...He first emerged from obscurity when the 1848 uprisings were shaking the thrones of Europe and the Prussian king was on the point of giving in to the Berlin mob...
...2]_ INSTEAD OF REGULATION: ALTERNATIVES TO FEDERAL REGULATORY AGENCIES Edited by Robert W. Poole, Jr...
...Such follies are typified and perpetuated by smart-alecky use of the term "swamp...
...Its purpose, he writes, is _9 . . to bring t o g e t h e r in one place a summary of the p r i n c i p a l academic findings on eleven major federal regulatory agencies . . . . In each case, we have asked an authority in the field t_o present an overview of the policy area in which the agency operates and to explain what the agency does and how it o p e r a t e s . Next comes a critical evaluation of the agency's actions and policies, bringing to bear the salient findings of the past two decades...
...Chicago economist George S t i g l e r - - w h o knows more about the regulatory apparatus of this country than any man alive--had this to say shortly, a f t e r Reagan was inaugurated: "I don't expect Reagan to be as good as Carter was on 38 THE AMERICAN SPECTATOR OCTOBER 1982 deregulation . . . I expect we are going to have more industry regulation over the next four years...
...Paul Rowlandson The National Institute for Hig her Education Limerick, Ireland Save Our Farms Most of "The Farmer and the M a l l . . . " (by Julian Simon, TAS, August 1982) belongs in Current Wisdom...
...manual and 464-page and 200-pagetext...
...But that was not to his purpose...
...or DC account by enclosing [ ~ In Az 1-800-352-0458 Ext 1611 ] your card number, exp=rat~on date...
...Having found Taki's own emphasis on physical rather than spiritual lovemaking as unfortunate as that of the feminists he decries, I am reminded of Goethe's wisdom: "Alle menschliche Gebrechen s~hnet reine Menscblicbkeit" (i.e., Pure humanity atones for all human crimes and weaknesses ) . Taki fails to rise above the feminist sexism he assails by missing an opportunity to call for a recommitment to traditional virtues of chastity and The American Spectator welcomes correspondence from its readers...
...Specialists have developed intelligent criteria of land quality...
...Looking back from a century's perspective, the study of the Bismarckian system seems to this reviewer, as to George F. Kennan, of an importance too obvious to need laboring...
...He was, however, a formidably wise, rational, and skilled diplomatist...
...It won t be long before you start speaking and thmking in your new language...
...Bridge and his son Douglas square off on the matter of a haircut...
...The press had said it couldn't be done...
...Their record, reflected in studies compiled by the Council on Environmental Quality, is disquieting--recent desertification in the Western plains and valleys, exhaustion of aquifers, and loss of land through erosion (see the 1980 Annual Report, Chapters 7 and 8...
...and the Bismarckian order, brilliantly and sympathetically analyzed by George F. Kennan in his recent The Decline of Bismarck's European Order (Princeton, 1979), required vigilant maintenance...
...And with regard to agricultural regulations, Federal Reserve Board Vice President Clifton Luttrell commented, "I don't see any great difference between the Carter Administration's policies and those of the Reagan Administration...
...That's right, fluent t You can be speaking with all the confidence of a seasoned traveler in a matter of weeks...
...Here is why: The continuing decay of the Ottoman (Turkish) empire as the manager of the Balkans and keeper of the Straits under English tutelage left both Russia and Austria with tempting prey...
...In fact, Bismarck had no special animus against France...
...Crankshaw's book would tend to give the unwary or uninformed reader the mistaken impression that Bismarck operated in a geopolitical vacuum, so free of constraints and conditions that most of the emergent problems were of his making...
...Similar remarks could be heard from experts on banking deregulation, the minimum wage, and the activities of the Federal Trade Commission...
...He accuses the EPA of expanding its jurisdiction into areas where community needs directly conflict with the EPA edicts...
...The book's most instructive chapter is entitled "Airline Deregulation: The Anatomy of Reform," a survey of the rise and fall of the Civil Aeronautics Board by U.S...
...propriety--sorely lacking components in my generation (I am 21) which degrades itself with fleeting, selfish satisfactions imbued with superficiality at the expense of single, long-term spiritual commitments that lead to holy unions of minds and bodies (necessarily in that order...
...and, after the French had been beaten in the war of 1870-71, he constructed a German "empire" dominated by Prussia and excluding Austria...
...and signature...
...Incredibly, Simon offers economic analysis of hornswheat to illuminate the overall problem...
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...He was neither a legitimist, nor a believer in feudal obligation or divine right, but a pragmatic supporter of monarchy...
...2 Intermedi- [ ] Basic French--Part 2:18 cassettes (25 hrs...
...He believed that a strong king balanced by a consultative assembly and even a press (and mass suffrage) was a workable form of government...
...Taki finds American women disagreeable, he must ask himself how they find--found--him...
...As for France its " r e v a n c h i s t " (revisionist or revenge-seeking) elements intrigued tirelessly after 1870 --how tirelessly Mr...
...But when combined with Mr...
...F r e e competition works [the demise of Braniff no~withstanding...
...Section 4 finds him describing "Aryan humanity" as "quite pure, quite primordial...
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...For instance,~ economist Robert S. Smith offers an alternative to government-enforced merit rating for workmen's compensation insurance...
...I can't recall a more hilarious and poignant vignette...
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...and his Balkan policy was only directed to the avoidance of great-power rivalries that could become a death trap for all: as ultimately, after Bismarck's day, they did...
...Crankshaw's biography is full of interesting subjective judgments about Bismarck's c h a r a c t e r ( " a n a r t i s t above a l l . . , a nihilist of genius . . . philistine master of a parvenu kingdom"), Perhaps they are of value...
...Their political activity does hinder the advance of mall culture-assorted department, clothing, shoe, sports, novelty shops, and theaters housed in temperature-controlled, architecturally sterile environments 40 THE AMERICAN SPECTATOR OCTOBER 1982...
...There is a good, common sense basis for the concept...
...At least that is what he thought he was doing, at the time...
...Bismarck's world was cozy and manageable by comparison...
...Simon toys with the term prime farmland, as if there is no such land to conserve...
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...Any age is fortunate if some masterly, impartial, and clearsighted s t r a t e g i s t understands enough of its points of strain to keep it in repair...
...Bismarck was no paragon...

Vol. 15 • October 1982 • No. 10


 
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