Thursday, April 13, 2017

Transgender Europeans: Activated by Political-Correctness or Human Rights?

The European Court of Human Rights issued a ruling on April 6, 2017 “in favor of three transgender people in France who had been barred from changing the names and genders on their birth certificates because they had not been sterilized.”[1] I submit that the use of the term sterilization is misleading. Such a framing gives the erroneous impression that human rights are at issue. In other words, it is possible for a human-rights activism to go too far.



The full essay is at "Transgender Europeans."



[1] Liam Stack, “European Court Strikes Down Required Sterilization for Transgender People,” The New York Times, April 12, 2017.

Tuesday, April 11, 2017

Company Police-States: United Airlines Attacks a Passenger



The passenger, a physician, was the victim of a disruptive and belligerent company manager and his henchmen. (Source: CNN)

The essay is in Cases of Unethical Business: A Malignant Mentality of Mendacity, available in print and as an ebook at Amazon.com.

Saturday, April 8, 2017

The Strategic Use of Regulation in Government: A Proposal to Split-Up the Big Banks

The strategic use of regulatory reform is no stranger to businesses—especially to the strongest both financially and, relatedly, politically. Such proposals of more regulation are crafted not to benefit the macro economy or even the industry; rather, the point is to enhance a dominant firm’s competitive advantage over rivals. It follows that such proposals are not counter-factual to the thesis that republics are susceptible to the gravitational pull of plutocracy, the rule of wealth. A case in point is the U.S. Trump Administration’s consideration of a legislative proposal to reinstate the main content of the Glass-Steagall Act, which had separated commercial and investment banking such that a bank could not do both.

The full essay is at "A Proposal to Split-Up the Big Banks."

Gary Cohn, former number two at Goldman Sachs, talking to U.S. senators on behalf of the Trump Administration.
(source: Andrew Kelly, Reuters)

Wednesday, April 5, 2017

International Response to a Chemical Attack in Syria: Beyond the U.N.

In the wake of the chemical-weapons attack in Syria on March 4, 2017, Russia blocked a condemnation and investigation into the source by vetoing the U.N. Security Council resolution. Meanwhile, the American administration’s view of the Syrian government was shifting. President Trump told reporters, “my attitude toward Syria and Assad . . . has changed very much.”[1] Cleverly, the American president would not disclose whether the United States would respond against the Syrian government. The question of whether an empire like the U.S. or an international organization like the U.N. should respond hinged on the question of whether the latter was institutionally hamstrung on account of the power of national sovereignty in the organization. In short, if the U.N. was impotent, then the moral imperative could shift to the major powers in the world, such as China, Russia, the E.U., and the U.S.


 U.S. Ambassador Nikki Haley presenting evidence of the chemical attack in Syria.
(Source: Drew Angerer/Getty Images)

The full essay is at "Beyond the U.N."

1. Michael D. Shear and Peter Baker, “Trump’s View of Syria and Assad Altered After ‘Unacceptable’ Chemical Attack,” The New York Times, April 5, 2017.

Monday, April 3, 2017

How to Craft a Non-Partisan Constitutional Court: The Case of the U.S. Senate Confirming Justices

In interpreting a constitution, justice is best carried out when the justices are non-partisan rather than politically ideological. To be sure, every living and breathing human being has a political ideology, even if implicitly. Even so, the institutional process by which justices are chosen can mitigate this point by being oriented to non-partisan candidates. In other words, a system can be designed so as to minimize the likelihood that a partisan of one political party or another will sit on a constitutional court. The confirmation of Neil Gorsuch to sit on the U.S. Supreme Court can provide some insights in this regard.

The full essay is at "How to Craft a Non-Partisan Court."

The U.S. Senate's Judiciary Committee meeting on Gorsuch's nomination on April 3, 2017. (NYT)

On the Impact of the Mind’s Infallible Assumptions in Declarations of Religious Belief

In religious affairs, we don’t typically notice the sheer declarativeness in the assertions of belief. In passing, we don’t isolate the underpinning assumptions. We are all human beings relative to the divine, and yet distinctions within our ranks are asserted or declared to be so, even if implicitly. All too often, the human mind overreaches with impunity. Rarely are the leaps themselves the subject of attention and thus subject to critique. Much more commonly, the substance of the religious belief is noticed and debated. I submit that the assumptions typically involved in making religious statements—even the very nature of the declarative assertion—are more worthy of note on account of the human mind’s vulnerabilities that are rarely noticed, much less subject to rebuke.

The full essay is at "Infallible Assumptions in Religion."

Saturday, April 1, 2017

A Legislature Court: A Conflict of Interest Averted in Venezuela

Fundamentally, a court differs from a legislature, so it would be strange were a state’s supreme court to take it upon itself to act as the state’s legislature as well. In late March, 2017, Venezuela’s Supreme Court did exactly that, ignoring the qualitative difference between interpreting contested law and legislating. The court wrote that lawmakers in the legislature were “in a situation of contempt,” and that as long as that situation lasted the justices would “ensure that parliamentary powers [are] exercised directly by this chamber, or by the body that the chamber chooses.”[1] Understandably, Julio Borges, the head of the legislative Assembly, exclaimed, “They have kidnapped the Constitution, they have kidnapped our rights, they have kidnapped our liberty.”[2] Luisa Ortega, the Attorney General,” wrote that the court’s decision represented “a rupture in the constitutional order.”[3] This was true both in regard to the basic, or fundamental distinction between judicial review and legislating and democracy itself.

The president and chief justice of Venezuela. A conflict of interest in the making?  (Source: Reuters)

The full essay is at "A Legislature Court."


[1] Nicholas Casey and Patricia Torres, “Venezuela Muzzles Legislature, Moving Closer to One-Man Rule,” The New York Times, March 30, 2017.
[2] Ibid.
[3] Ibid.




Friday, March 31, 2017

Life in Prison for Killing a Cow: Law and Religion in Gujarat


At the end of March, 2017, the state of Gujarat in India extended the punishment for slaughtering cows from seven years in prison to life-imprisonment. The penalty for transporting beef was also raised to a maximum of 10 years, from three. The severity hinges on religious assumptions presumed to be beyond questioning or reproof.





The full essay is at "Life in Prison for Killing a Cow."

Tuesday, March 28, 2017

How to Regain Reputational Capital: The Case of Wells Fargo


How does a firm rebound from the toll taken in reputational capital from a track-record of unethical practices? Paying $175 million to settle accusations without admitting any wrongdoing, such as Wells Fargo did in 2012, does not suffice, but neither does merely admitting culpability without real change going forward. The case of Wells Fargo may provide an explanation for how reputation recovers.

The full essay is in Cases of Unethical Business, available in print and as an ebook at Amazon.com.  



Monday, March 27, 2017

Young Russians Protest Government Corruption

Russia witnessed the largest anti-government protests in more than five years on March 26, 2017. At the urging of Aleksei Navalny, “tens of thousands of Russians—many of them in their teens and 20s—poured into the streets in scores of cities . . . to protest endemic corruption among the governing elite.”[1] The police responded by beating protesters—a barbaric and psychologically pathological response to peaceful protest—and arresting more than a thousand. As the protests were not directed against Putin, but, rather, corruption, the Kremlin should have been a cheerleader rather than antagonist to the protests.


The full essay is at "Young Russians Protest."

Aleksei A. Navalny at a court in Moscow on Monday. He told reporters that he was “amazed” by the number of cities and by how many people had taken part in demonstrations. Source: Denis Tyrin/Associated Press




1. Neil MacFarquhar and Ivan Nechepurenko, “Aleksei Navalny, Russian Opposition Leader, Receives 15-Day Sentence,” The New York Times, March 27, 2017.

Making a Joke Out of Liberty: Unmasking a Political Travesty

“Land of the free” is a ubiquitous expression that Americans use to describe the United States. Presumably those states esteem liberty as a political value even though it is oxymoronic for a government to voluntarily limit its own power over the governed. Hence, ratification of the U.S. Constitution was predicated on a Bill of Rights quickly to follow. Declaring governmental power to be limited was not enough. That many States have had “mask laws,” many still on the books as of 2017, testifies as to how invasive government power can be precisely at the expense of personal liberty wherein no one is harmed.

The full essay is at "Making a Joke Out of Liberty."

Saturday, March 25, 2017

Perspective on the European Union

At the signing of the Rome Declaration at the 60th anniversary of the Treaty of Rome, which established the European Community on March 25, 1957, E.U. leaders expressed their intention to further strengthening the federal Union. Even as “regional conflicts, terrorism, growing migratory pressures, protectionism and social and economic inequalities,” as well as Britain’s upcoming secession provided a sense of pessimism, Jean-Claude Juncker, president of the European Commission, the E.U.’s executive branch, said, “Let us not lose perspective.”[1] I submit that this advice was at the time very important.


The complete essay is at Essays on Two Federal Empires.







[1] James Kanter and Elisabetta Povoledo, “E.U. Leaders Sign Rome Declaration and Proclaim a ‘Common Future’ (Minus Britain),” The New York Times March 25, 2017.

Sunday, March 19, 2017

The Great Wall

William has come to China for rumored gun power, but what he really needs is trust. Therein lies his vulnerability, even if he views it better not to trust. Yet it could be that he is just afraid; Commander Lin Mae thinks so. The protagonist wants one thing, but in order to get it he must overcome a critical flaw. This is the basic form, or dynamic, of a screenplay. I submit that because film is an excellent medium in which philosophical principles can be explored and wrestled with, the protagonist’s vulnerability, raised to a principle, can efficaciously be more salient in a film than merely in the immediate struggles of the protagonist. In other words, the principle at issue in the protagonist’s flaw can play a more expansive role in a film, deepening it in the process.

The full essay is at "The Great Wall."


Saturday, March 18, 2017

European Officials at the G20 Grapple with a New American Trading Position: Beyond the Joint Communiqué

It is perhaps only natural---only human—for us to take ourselves and our produced artifacts too seriously. Diplomats and other government officials, for example, fret arduously over mere words. When those words are etched in governmental or treaty parchment, the effort is understandable. The flaw of excess is evident in all the time and effort that go into the joint communiques of international conferences and meetings. I submit that the real politic at such occasions is much more significant even if nothing shows from it for some time.
At the March 18, 2017 meeting of the Group of 20, which includes the E.U. and U.S., the joint statement “became an unlikely focus of controversy” issuing in “a tortured compromise stating, in effect, that trade is a good thing.”[1] I submit that the use of such language is spurious—certainly much less than the attendees and even their principals back home supposed. The real politic was instead that the U.S. was “overturning long-held assumptions about international commerce,” and such transformational change takes time even just to register in minds ensconced in the status quo. That is to say, the real shift in power would need to play out in actual negotiations on trade, rather than in how to word a meeting’s joint statement.


A European official, Wolfgang Schauble, perhaps straining at the meeting to understand the new American position. (source: NYT)

The full essay is at "European Officials at the G20."


1. Jack Ewing, “U.S. Breaks With Allies Over Trade Issues Amid Trump’s ‘America First’ Vows,” The New York Times, March 18, 2017.

A Religious Stockholder-Test for Wells Fargo: Confronting Mediocre Accountability

Orienting executive compensation to accountability is easier said than done. For example, it might be supposed that the cause of accountability was aptly served by John Stumpf’s forfeit of $41 million in unvested stock when he resigned under pressure as Wells Fargo’s CEO because of the bank’s systemic overzealousness in signing customers up for unwanted services. Unfortunately, he “realized pretax earnings of more than $83 million by exercising vested stock options, amassed over his 34 years at the bank, and receiving payouts on certain stock awards.”[1] In other words, the man who presided over unethical business practices at the expense of customers received double that which he was forfeiting. How can accountability have any meaning against $83 million? This figure connotes reward rather than punishment. Tim Sloan, who succeeded Stumpf as the bank’s CEO, received compensation in 2016 of $13, up from the $11 million in 2015. Interestingly, it may have been religion to the rescue.

The full essay is in Cases of Unethical Business, available in print and as an ebook at Amazon.com.  





[1] Stacy Cowley, “Wells Fargo Leaders Reaped Lavish Pay Even as Account Scandal Unfolded,” The New York Times, March 16, 2017.