Devil’s Advocate

In the film, Devil’s Advocate (1997), human free-will plays a very important role. It has implications not only for whether humans tend to be good or evil, but also on how culpable God is for the evil that committed by humans. One of the devil’s sons by a mortal woman, Kevin Lomax, must choose whether or not to impregnate his half-sister, Christabella Andreoli, to produce the Anti-Christ, which John Milton, who is the devil, wants so much. In Christian theology, both the extent of free-will and how tainted it is from the Fall have been debated. Even within Augustine’s works, his thought changes. The one thing that cannot be asserted is that free-will both does and does not exist. Also, that so many greedy people have been so destructive of democracies and even the planet does not necessarily mean that God is responsible or that humans are not capable of choosing to do good over evil.

The full essay is at "Devil's Advocate."

The E.U. on Anti-Trust Enforcement: The Case of Google

On June 19, 2025, when the European Court of Justice, the E.U.’s supreme court, received a nonbinding opinion from the advocate general, Juliane Kokott, recommending that Google’s appeal against an anti-trust fine of €4 billion be dismissed by the court. The E.U.’s executive branch, the Commission, had found in 2018 that the company had “used the dominance of its mobile Android operating system to throttle competition and reduce consumer choice.”[1] I contend that the company’s written statement in response can be characterized as “stone-deaf” or oblivious to the issue at hand. Such is not an effective way of managing threats in the environment of business. Moreover, the response itself illustrates why governmental action on anti-trust on behalf of market competition is valid and necessary. I contend that the invisible-hand mechanism of a restored competitive market is more reliable than depending on managerial intentions even if they are to be based on motivation that is social-engineered from fines.

The full essay is at "The E.U. on Anti-Trust Enforcement."

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1. “Google Hits Setback in Bid to Overturn Multibillion EU Antitrust Fine in Android Case,” APnews.com, June 19, 2025.

Musk vs. Trump: American Business and Government at Loggerheads?

When the wealthiest person in the world and the President of the United States cross swords, people are bound to notice. Such a very public clash between billionaires, one of whom is the most politically powerful person in the U.S., should not lead the rest of us to infer that the interests of large corporations and the U.S. Government, including the respective executives and elected representatives, typically conflict. Corporate and individual mega-donations to political campaigns, the proverbial “revolving door” between working in government and at a corporation, the reliance of regulatory agencies on information from the regulated companies invite the exploit of conflicts of interest such that legislation and regulations are even written by corporate lawyers for their respective companies’ financial interest. Furthermore, that many very large American-based corporations have interlocking boards of directors gives corporate America considerable unified force in seeing to it that Congress and the federal president remain friendly to business interests. That both benefit from the status quo and have de jure or de facto vetoes of reform proposals reinforces the staying power of the club. Even as U.S. Senator Bernie Sanders enjoyed considerable media attention and crowds in his speaking tour against oligopoly (i.e., consolidation within an industry such that companies can set prices at will and can thus extract extra profit beyond that which would accrue in a competitive market), it would be wildly optimistic to hope for an onslaught of anti-trust enforcement from a Republican or Democratic administration.

The complete essay is at "Musk vs. Trump."

On the Hidden Police Power of Corporate America

After the UnitedHealthcare chief executive “was gunned down by a masked man outside a Manhattan hotel” in New York City, “a days-long manhunt” occurred that “spanned several states.”[1] The fact that only a few days were needed to find the suspect, Luigi Mangione, indicates just how massive and public the manhunt was. For it was not just any murder, as if the murder of a person who is the chief executive of a large corporation were worth so much more than that of the rest of us. I suspect that the influence of the company, and, moreover, corporate America, on local police in any U.S. member state is more than reaches the headlines. The case at hand my even suggest that that influence includes even tacit instructions to treat anti-corporate suspects of murder violently both in retaliation and as a visible reminder to other potential killers that CEOs are off-limits.

The full essay is at "On the Hidden Power of Corporate America."

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1 Jessica Parker and Nadine Yousif, “Luigi Mangione Fingerprints Match Crime-Scene Prints, Police Say,” BBC.com, December 11, 2024.

Greedy Grocers: Exploiting Customers and Workers with Impunity

Adam Smith theorized that price competition on products and labor would allow the self-interests of the buyers and sellers to result in unintended beneficial consequences. For one thing, price gouging would not happen because, assuming low barriers to enter the market to sell, competitors would quickly drop their prices and gain market share. That grocery prices did not fall after the supply-shocks, including in shipping and hiring workers, ended with the end of the coronavirus pandemic in early 2023 is a pretty good indication that the grocery (and meat producer) industry was not competitive. Oligarchic markets—those in which just a few, often times very large, sellers exist—are devoid of the competitive mechanism that would otherwise maintain prices that are fair to buyers. That is, not only do competitive markets efficiently allocate goods and services at prices that connect supply to demand; such markets can also satisfy the ethical virtue of justice as fairness. Smith was not shy in admitted that a government willing to stand up to big companies is necessary to keep a market from slipping into the decadence of an oligopoly and especially a monopoly. I contend that both Americans and their elected representatives were blind, perhaps conveniently so given the power of large companies in American governments, both during the coronavirus pandemic, which ran from roughly 2020 to 2022, and even afterwards as Kroger and Albertsons colluded at the expense (literally) of their respective customers and workers.  

The full essay is at "Greedy Grocers."

Beyond Climate Change: Starbucks Awash in Cash

While it may be tempting to go after companies for hypocrisy on corporate social responsibility, even deeper criticism may be closer to the bottom line, financially. Even though social media castigated Starbucks for its impact on carbon emissions in agreeing to fly its Southern Californian CEO Brian Niccol to Seattle on a company plane each week, I submit that the amount of spending entailed raises questions about cost-containment and even cast some doubt on whether the company’s price increases in 2024 were wholly justified, and thus even on whether the industry was competitive or an oligarchy.

The full essay is at "Beyond Climate Change: Starbucks Awash in Cash."

Is Undoing Financial Reform In Line with Free-Market Ideology?

Legislating on the basis of an aversion to government intervention in financial markets can paradoxically result in more massive intervention. The latter can come to pass even amid an anti-interventionist ideology on account of the emergency conditions that call for the extraordinary incursion of government into a market. Undoing the Orderly Liquidation Authority of the Dodd-Frank Act in the U.S. is a case in point.

The full essay is at "Financial Reform and Free-Market Ideology."

The Golden Age of Innovation Refuted

“By all appearances, we’re in a golden age of innovation. Every month sees new advances in artificial intelligence, gene therapy, robotics, and software apps. Research and development as a share of gross domestic product [of the U.S.] is near an all-time high. There are more scientists and engineers in the U.S. than ever before. None of this has translated into meaningful advances in Americans’ standard of living.”[1] The question I address here is why.

The essay is at "Golden Age of Innovation."

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1. Greg Ip, “Economic Drag: Few Big Ideas,” The Wall Street Journal, December 7, 2016.

Banks Guilty of Colluding to Set Euro-Dollar Exchange-Rate Fix: Toward a Competitive Market

In May 2015, Citicorp, JPMorgan Chase, Barclays, and the Royal Bank of Scotland both acknowledged colluding to set the “fix” rate in foreign exchange markets, and agreed both to change their internal cultures and pay criminal fines of over $2.5 billion.[1] The U.S. Attorney General, Loretta Lynch, stated that her department would “vigorously prosecute all those who tilt the economic system in their favor; who subvert our marketplaces; and who enrich themselves at the expense of American customers.”[2] I submit that this does not go far enough, given the size and power of the banks and the condition of the sector.

The full essay is at “Banks Guilty.”

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[1] Loretta Lynch, “Attorney General Lynch Delivers Remarks at a Press Conference on Foreign Exchange Spot Market Manipulation,” The U.S. Department of Justice, May 20-, 2015.

[2] Ibid.

Democracy as an Anti-Trust Criterion: The Comcast Time-Warner Merger

As the U.S. Department of Justice and the SEC were reviewing the proposed merger between Comcast and Time Warner in April 2015, six U.S. senators signed a joint letter opposing the $45 billion deal. Comcast would control about 30 percent of the pay-television subscribers in the U.S. and an estimated 35 to 50 percent of the American broadband internet service.[1] That more senators had not signed on is telling with respect to how business-oriented American society had become.

The full essay is at “Democracy and Anti-Trust Law.”

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[1] Emily Steel, “6 Senators Urge Rejection of Comcast-Time Warner Cable Deal,” The New York Times, April 21, 2015.

Anti-trust Enforcement in the E.U. and U.S.: Business, Government and Society

In 2014, the E.U. depended on Gazprom, a state-controlled Russian gas company, for one-third of the natural gas used in Europe. Meanwhile, Russia depended on the company for export-earnings. Moreover, both the E.U. and Russia view Gazprom from not only commercial vantage-points, but geopolitical ones as well. Both dimensions were in the mix as the European Commission weighed bringing anti-trust charges against the company in April 2015. At the time, the E.U.’s executive branch was already formally pursuing Google on anti-trust grounds. Relative to anti-trust enforcement in the U.S., the E.U.’s own represents a formidable attempt to open up competitive markets. We can generalize, in fact, to posit a more balanced “check and balance” between business and government in Europe.

The full essay is at “Anti-trust Enforcement in the E.U. and U.S.”

An Ebola Vaccine: A Lesson for Obamacare

With the Ebola virus confined to impoverished states in Africa until 2014, drug companies had little financial incentive to develop a vaccine. “A profit-driven industry does not invest in products for markets that cannot pay,” Margaret Chan, the director general of the World Health Organization, said in late 2014.[1] At the time, at least 13,567 people were known to have contracted the virus in the outbreak, with nearly 5,000 people dead. It cannot be said that the profit-motive in a market economy is efficient in this case.

The full essay is at “Ebola Vaccine.”

1. Rick Gladstone, “Ebola Cure Delayed by Drug Industry’s Drive for Profit, W.H.O. Leader Says,” The New York Times, November 3, 2014.

Wall Street Banks: Price-Making and Law-Breaking?

The U.S. Senate Permanent Subcommittee on Investigations found in 2011 that “two Goldman employees, Deeb Salem and David Swenson, tried to manipulate prices of securities used to bet against mortgages. Both tried to help Goldman pile on larger bets against the mortgage market, and they wanted to be able to buy such negative bets more cheaply, the report said. Goldman, as a broker, was able to affect prices in the market through the bids and offers it gave out. Mr. Swenson wrote in May 2007 that the bank should try to ‘start killing’ prices on certain positions so that Goldman would be able to ‘pick some high quality stuff,’ according to the Senate report. The strategy, Mr. Swenson wrote, would ‘have people totally demoralized.’ The pair were unsuccessful in their attempt, and both denied making it to the Senate committee. Mr. van Praag said last week that the report had no evidence of manipulation. Still, the Senate report said that ‘trading with the intent to manipulate market prices, even if unsuccessful, is a violation of the federal securities laws.’”[1] I submit that it was also unethical. 


The full essay is in Cases of Unethical Business: A Malignant Mentality of Mendacity, available at Amazon.com.

1. Louise Story and Gretchen Morgenson, “S.E.C. Case Stands Out Because It Stands Alone,” The New York Times, May 31, 2011.

On the Merger of Comcast and NBC: A Structural Conflict of Interest

On January 18, 2011, Comcast received government approval to acquire NBC Universal. This followed a lengthy review, which mandated a list of conditions. The most important of them is aimed at preventing the new media conglomerate from thwarting competition in online video. However, even though regulators described their review as the most intense scrutiny ever for a planned media merger, Comcast managers said they believed their company faced few onerous restrictions from the review. “I don’t think any of the conditions are particularly restrictive,” said David L. Cohen, executive vice president of Comcast.[1] This statement ought to give readers some pause.

The full essay is at Institutional Conflicts of Interest, available in print and as an ebook at Amazon.

1. Tim Arango and Brian Stelter, "Comcast Receives Approval for NBC Universal Merger," The New York Times, January 19, 2011.