The 2012 U.S. Presidential Election: Fueled by Leadership or Money?

The 2012 U.S. presidential election was the first in which neither of the major-party candidates participated in the campaign-matching system that imposes campaign spending limits in return for federal financing. It was also the first presidential election since the Citizens United case in 2010. That U.S. Supreme Court ruling was a significant factor in the election because corporations and unions could dip into their respective treasuries directly, rather than only through employee or member contributions, spend an unlimited amount on political ads by making donations to “social welfare” organizations. Without disclosing their donor lists, these non-profit organizations could create political ads that in turn could favor or criticize a particular candidate, albeit with no formal approval from the favored candidate. Faced with formidable super PACs pumping some $800 million or more in favor of Mitt Romney, Obama’s money-machine went into high-gear in a sort of “rich man’s” arms-race. Some rich donors had spent millions of dollars to push the massive ship of state a discernible distance in their direction. Hardly anyone expected that the contending high monies would virtually cancel each other out. Hardly anyone thought the Obama campaign’s scientifically-based “ground game” oriented to getting new voters registered would trump Romney’s financial advantage. To be sure, Wall Street was also behind Obama; Goldman Sachs had donated $1 million in 2008, and Obama in turn gave the big banks federal money (TARP) without strings, including on bonuses (which the bankers abused).

The full essay is at "A U.S. Presidential Election: Leadership or Money?"

Citizens United: A U.S. Supreme Court Ruling Ensconced in the Status Quo?

According to Rodell Molineau, executive director of the Democratic super PAC American Bridge in 2012, "The meta-lesson from [the 2012] election cycle is that showing up and participating in the process is key, which is something that we didn't do in 2010. I think a lot of Democrats ceded the field on super PACs because most people in progressive circles didn't believe in the Citizens United ruling."[1] The U.S. Supreme Court’s Citizen’s United ruling on January 21, 2010 opened up unlimited corporate and union spending on political campaigns. The fact is, sometimes you have to play by rules you don’t agree with in order to compete. The obvious danger is that one gets coopted by those rules in the process, even having a financial disincentive to push for a repeal of the problematic ruling. In other words, the ruling accrues the benefit of being the status quo and thus becomes extremely difficult to dislodge.

The full essay is at "Citizens United."

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1. Paul Blumenthal, “Democratic Super PACs Trim Conservative Advantage in Congressional Races,” The Huffington Post, November 10, 2012.

Corporate Appointees in the West Wing: A Counter-Productive Way of Holding Business Accountable

Presidents in governments are called to be leaders, which means advocating a vision of change from the status quo. Otherwise, they are merely administrators. So it would be counter-productive for a U.S. president to fill his administration with people financially invested in the status quo. Yet President Obama did just that, in spite of the fact that his rhetoric envisioned radical change in health insurance and still regulations on Wall Street to prevent another financial crisis. In short, he not only let the regulatees in the room, but also gave them important roles with power that would affect their respective industries.


The full essay is at "Corporate Appointees in the West Wing: A Counter-Productive Way of Holding Business Accountable."

Faster, Higher, Bigger: A Rationale for Regulation

The death of a Georgian luge athlete on the opening day of the 2010 Winter Olympics occurred amid concerns about the speed of the record-setting track at the Whistler Sliding Center. “There were some questions asked by other athletes even before this tragic accident,” said Nikolas Rurua, Georgia’s deputy minister for culture and sports. He added that there had been several crashes in the same area of the track. This is like looking back in a financial crisis to point out that several had preceded that one. It does seem like financial crises may be part of a larger pattern that is based in human nature. I contend that just such an innate propensity to recklessness at the expense of the public good (and one's own!) serves as a rationale for regulation in any country.

Airlander 10, the largest aircraft in the world, crashed on its second test-flight on August 24, 2016.

The full essay is at "Faster, Higher, Bigger!" 

U.S. Presidents Buckle at Constraints: The Case of Obama's Recess Appointments

A constitutional system of checks and balances is premised on the assumption that government officials will seek to get as much power as they can. Constraint itself becomes a dirty word. Admittedly, the desire to resist or ignore constraints may be in human nature itself, though people differ in how much self-discipline they will bring to the task of restraining themselves from walking through constraints as if they were Chinese walls made out of paper. A constitutional system that checks ambition with ambition must not assume that some of the more beloved elected representatives can be relied on to resist the temptation to go too far. I have in mind the case of the U.S. president being able appoint officials without the confirmation by the U.S. Senate.

The full essay is at "Presidents Buck Constraints."

26 Billionaires = 3.8 Billion People

In 2018, 26 billionaires owned the same amount of wealth as the poorest 3.8 billion people, worldwide, according to a study by Oxfam, an anti-poverty non-profit organization. In 2017, the number of billionaires was 43, so the trajectory of wealth distribution was one of continued concentration.[1] Since the 2008 financial crisis, the number of billionaires doubled by 2019 whereas the poorest half of the world saw its wealth decline by 11 percent. The trajectory being clear, the questions can be said to be why? and  how will it turn out? In this essay, I briefly attend to the first question by highlighting the intensifying contributions of enabling systems. 

The full essay is at "26 = 3.8 Billion People."

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1. Laura Paddison, “26 Billionaires Own the Same Wealth as the Poorest 3.8 Billion People,” The Huffington Post, January 20, 2019.

What is the Basis of Business and Society?

Scholars and practitioners alike in the field of business & society tend view it as being synonymous with corporate social responsibility. It is easy to do. Another error concerns the conflation of CSR and business ethics. In fact, the very name of the topic, corporate social responsibility, is problematic. Straightening all this out could result in more topics in business & society even as the field ceases to overstep into business ethics and the nature of CSR becomes more transparent in business as well as society. 

The full essay is at "Basis of Business & Society."

Increasing Rates of Acceleration of Ice-Melt: Difficult for Humans to Grasp

The findings of two studies published in January, 2019 indicate that Antarctic’s ice had been melting “at an alarming rate” since 1979.[1]  The rate of melting looked at precisely tells part of the story of why people in general were even in the year before 2020 still catching up in realizing the full extent to which climate change was going on. The key here is the concept of acceleration. The rate of ice loss has not been consistent in that ice disappeared faster in each successive decade.

The full essay is at "Increasing Rates of Acceleration of Ice-Melt."

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1. Brandon Miller, “Antarctica Ice Melt Has Accelerated by 280% in the Last Four Decades,” cnn.com, January 14, 2109

Egyptian Court Overreached in Declaring a Legislature to be Unconstitutional

In 1803, the U.S. Supreme Court decided Madison v. Marbury, which established the authority of the court to declare a law to be unconstitutional, and thus invalid. A basic principle underlying this authority is that a constitution is on a level superior to a statute. An entity established in a constitution to interpret it can thus invalidate a law passed by another body established in the constitution. Invalidating that other body itself would be an entirely different matter, as it would involve one constitutional body dissolving another of equivalent grounding. Accordingly, the constitutional court in Egypt overreached on June 14, 2012 in declaring the parliament dissolved.

The full essay is at "Egyptian Court Overreached."

Addressing Systemic Risk: Beyond the Dodd-Frank Act of 2010

After the financial crisis in September 2008 in the U.S., the former chairman of the Federal Reserve, Alan Greenspan, admitted to a Congressional committee that his free-market notion that a market will automatically self-correct itself had a major flaw. He had come to this realization because the financial market for mortgage-backed bonds had failed to correct in terms of price for the dramatic increase in risk. Instead, that market, and that of overnight commercial paper, had seized up rather than simply adjust price to the decreased demand. Fear had paralyzed what had hitherto been thought to be a self-correcting market. The failures of Bear Stearns and Lehman Brothers introduced us to the concept of systemic risk, wherein the failure of a bank (or company) causes a market to collapse. Such a bank is thus too big to fail. If actualized, such risk interferes with even the basic operation of a market, not to mention its self-correcting feature. One question is whether banks that are too big to fail should merely be more adequately regulated or broken up, as the U.S. Supreme Court broke up Standard Oil in 1911.

Alan Greenspan, former chairman of the U.S. Federal Reserve Bank

   The full essay is at "Addressing Systemic Risk: Alan Greenspan."

Affluence and Democracy in China: A Complicated Relationship

The Financial Times reported in 2013 that there was “no great clamour in China for western democracy.”[1] The assumption in the West that prosperity in China will someday inevitably usher in democracy may unduly privilege Western political values in an exogenous context. The newspaper suggested that prosperity can be the source of rising pressure for political change rather than an antidote to it. In other words, the power shift between the state and individual that is unleashed by rising incomes does not necessary privilege the individual. Time and again, China’s leaders have refused to shift power to the individual at the expense of the state; social harmony, and power, are just too important. To be sure, cronyism and corruption, while endemic in China, are not esteemed cultural values, and the rising middle-class may demand that the state clamp down on the unfairness of government officials “wetting their beaks.” This would be particularly problematic if the growing upper-middle-class demand more transparency in government and more rule-of-law to instill fairness over the personal aggrandizement of government officials. However, President Xi, at least publically, would hardly object, as he set out to come down hard on corruption even in the state. At the very least, the matter of increasing wealth and democracy in China can only be complex, yet we can come to some conclusions based on Chinese history and the Chinese view of democracy being Western.

 

The full essay is at "New Wealth and Democracy: A Chinese Puzzle."

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1. Philip Stephens, “Political Cracks Imperil China’s Power,” The Financial Times, January 24, 2013.

Hidden Warnings of Climate Change: A Paralyzed Species Looks On

Global warming has been so difficult to slow down through political means at least in part due to the fact that most of the action has been going on in the Arctic Ocean and the surrounding permafrost land (which, it turns out, is not so permanently frozen after all), far from almost all of the world’s population. In short, what is occurring in that region is both dwarfing the impact of human-released carbon and serving as the canary in the coal mine. The implications are truly astonishing.

The full essay is at "Hidden Warnings."

Protecting Minority Stockholder Rights: On a Conflict of Interest at Revlon

The principle of majority rule is a staple of democratic theory. Typically the victor of a close election is quick to proclaim that “the people” have spoken. That “the people” corresponds to 51% of those who voted is beside the point. What about the 49% who voted against the victor? What about the minority’s rights? In the U.S. Senate, the fact that it takes 60 out of 100 votes to end a filibuster means that a large minority can halt a majority’s bill. In the European Council, the qualified majority rule means that for a bill to pass, the states in the majority must be at least 55% of the total number of states and must have at least 55% of the E.U.’s population between them.  A large minority can therefore stop a small majority. In both of these “intergovernmental” bodies, the implication is that 51% of a vote is not as significant as the principle of majority rule suggests. What about the rights of a minority of shares of stock in corporate governance? When a majority stockholder has control of management, the interests of the minority stockholders can be shirked. This is particularly true when a majority stockholder proposes a going-private transaction with the aid of management.

The full essay is at "Protecting Minority Stockholders."

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1. Peter Lattman, “To Perelman’s Failed Revlon Deal, Add Rebuke From S.E.C.,” The New York Times, June 14, 2013.

2. Ibid.

3. Ibid.

4. Ibid.

5. Ibid.

6. Ibid.

On the Particular Kind of Love Evinced by Jesus: A Better Criterion for Christianity?

The film, Paul: The Apostle of Christ (2018), carries great weight theologically in that Paul describes a very particular kind of love that Jesus preaches and lives out in the Gospels. In so doing, the film shows an overlooked criterion by which people who claim to be Christian can be ascertained as such or not. One implication from the film is that Christianity has contained (and still contains) a number of nominal Christians who are not in fact Christian. A related implication is that the historically (and modern) criteria by which people are considered (and consider themselves) Christian is not as useful (and valid) as the overlooked criterion that is so salient in the film.

The full essay is at "Paul: The Apostle of Christ"

Corporate Social Responsibility: Too Often a Weapon

Typically, responsibility is something that people working in a business typically presume applies not to their business, but instead to stakeholders, whether a customer, supplier or distributor. It is not uncommon for retail stores to hang signs indicating that the store is not liable for this and that. What if such a store is nonetheless at fault? To be so and even just claim not being liable for it reeks of selfish disregard for others. The idea, or mentlity, is that the other guy should pay for even problems for with someone working for the store caused.  Responsibility in this twisted sense means “I won’t pay; you must pay even though I'm at fault”  The underlying mentality can be said to come from a point of weakness rather than strength, for healthy companies can afford to shrug off any temptation to be small-minded and inconsiderate. In writing in this way, I am drawing on Friedrich Nietzsche, from whose theory it can be claimed that the store signs are actually weapons used by the weak out of resentment for the strong (i.e., customers). In comparing stores on Nietzsche's strong/weak spectrum, companies that are strong are naturally generous whereas the weak ones relish even being rude or even cruel to the stronger out of resentment. 

For more, see Skip Worden, On the Arrogance of False Entitlement: A Nietzschean Critique of Business Ethics and Management, available at Amazon.