The Euroskeptic Ideology: Inherently Exogenous to the E.U.

At the root of the matter of Britain's secession from the Union, I submit, is a starkly Euro-skeptic, or Anti-federalist, ideology that viewed the E.U. as a network to which the sovereign state of Britain belongs, as PM David Cameron said before the secession referendum. Unfortunately, this view ran up against the reality of the E.U.'s federal system in which the federal level too had some sovereignty. Even the mechanism of qualified majority voting involves a loss of sovereignty for the state governments. The discordance can be heard in a speech given by William Hague of the British government at the end of May in 2013 in which he advocated that state legislatures should be able to block E.U. laws proposed by the European Commission.[1] At the time, a state legislature could use a “yellow card” to object to a proposal that could presumably be better legislated and enforced at the state level. Hague wanted a “red card” option that a state legislature could use to block legislation. This proposal reflects the Nullification Acts passed by the government of South Carolina in the early 1830s, which prompted the U.S. to resist strongly as the union itself could have unraveled. Aside from the exogenous ideology itself in the E.U., two problems with Hague’s proposal can be identified. I contend that the problems stem from, and thus can point to, the underlying ideology that is inherently at odds with modern federalism, in which dual-sovereignty is a prominent attribute.

Should the state legislatures dominate the EU's legislature?  The British state government says yes. Would the Union wither and die?  Source: mapperywordpress.com

The full essay is at "A Euroskeptic Government in the E.U."

1. “William Hague Demands Right to Show ‘Red Card’ to European Union,” The Huffington Post, May 31, 2013.

“No Loans” on Gun Sales: G.E. as Socially Responsible or Financially Savvy?

In the wake of the Sandy Hook school shooting in Newton, Connecticut in late 2012, General Electric announced that the company would no longer finance consumers’ gun purchases. Russell Wilkerson, a G.E. spokesman, wrote in an email that the new policy was being adopted “in light of industry changes, new legislation and tragic events that have caused widespread re-examination of policies on fire-arms.” In other words, the policy shift was not simply a reaction to Sandy Hook. Rather, the company’s executives were adapting to changes in the organization’s environment, including the industry itself. This opens up the question of whether the new policy can be classified under the rubric of corporate social responsibility (CSR). Perhaps the adaptation was simply good business, with the appearance of “CSR” adding some reputational capital through a good public-relations campaign.

Do business principles mandate treating this product like any other?  Source: NBC News

The full essay is at "Corporate Social Responsibility at G.E."

Karl Lagerfeld: An Artistic (and Marketing) Genius

Weeks after Karl Lagerfeld’s death at 85 in February, 2019, I poured over interviews that the eternally-modern yet classic Renaissance man had given. “I only answer questions,” he had said an interview in at a WWD conference in 2013. His answers provide as inside as possible a look at l’homme extradinaire.  He considered himself a fashion designer, a book publisher (regular and picture books), and a photographer, though he did much more. I’m not sure whether his books, interior designs, architecture, and photography can be considered marks of genius, but that he extended his method of fashion-design and did so well is a testament to the man’s inner-workings. His answers remind me of Frank Lloyd Wright, the famous architect from Wisconsin whose work so revolutionized homes from the Victorian era. Essentially, he ushered in open homes from the closed roomed Victorian houses. Lagerfeld was also innovative, taking the classic Chanel look and adding bits of modernity, such as in combining a black dress with sneakers. Both men produced homes/dresses that were inexpensive and expensive. Neither was beyond reach, yet as visionaries so far above most other people. Lagerfeld, like Wright, saw things differently than most of their respective contemporaries did. This is perhaps their shared mark of genius: not be so tied to yesterday, combined with being inspired to use creative freedom then expanding its application. This is all based in the inner constitution of the two men, which I suspect was similar. As Lagerfeld said, “I am down to earth—just not this Earth.” This is actually quite telling of genius, for such minds typically think "outside the box" and so can easily see through even societal sacred cows and thus proffer very different perspectives. The thinking, intuition and/or artistic perspective, in other words, innately go beyond the societal and individual assumptions that most people do not even realize they live by or hold. I contend that Karl Lagerfeld's artistic, or visual genius went far beyond fashion-designing. 

The full essay is at "Karl Lagerfeld."

As U.S. President, Was Obama Really Anti-Israel?

In a poll in 2011, only 22% of Jewish voters in the U.S. said they approved of President Obama’s handling of Israel. Dan Senor pointed to the erosion of Obama’s Jewish fund-raising as another sign that the president was losing Jewish support in the United States. A poll by McLaughlin & Associates found that of Jewish donors who donated to Obama in 2008, only 64% had already donated or planned to donate to his re-election campaign of 2012. While a politician would undoubtedly try to placate and mollify the unsatisfied electorate, a statesman acting in the American interest might conclude that those voters were wrong in their assessment that the president’s policy was “anti-Israel.”

The full essay is at "Was Obama Anti-Israel?"

President Obama's Proposal to Rescue States: Unattended Problems in American Federalism and Human Sustenance

In 2011, President Obama proposed "to ride to the rescue of states" that had borrowed billions of dollars from the federal government to continue to pay unemployment benefits during the economic downturn. His plan was to "give the states a two-year breather before automatic tax increases would hit employers, and before states would have to start paying interest on the loans." Many of the states had begun the recession with "too little money in their unemployment trust funds'" Those states "quickly ran through what little they had as unemployment rose and remained stubbornly high month after month. With their own trust funds depleted, 30 states borrowed $42 billion from the federal government to continue paying unemployment benefits." These states were facing an estimated $1.3 billion in interest payments to Washington due in the fall of 2011. The President’s proposal also included raising the minimum taxable wage base from $7,000 to $15,000 in 2014. "The rate of the federal portion of the unemployment taxes would then be lowered, so the proposal would not raise federal taxes on states that do not owe the federal government money. But it would speed the rate at which states that do owe money repay the federal government, and allow states to collect more unemployment taxes to rebuild their trust funds if they do not lower their tax rates." By February, 2011, eighteen states had already raised their minimum taxable wage base to $15,000 or more, according to the National Association of State Workforce Agencies. Iris Lav, an adviser at the Center on Budget and Policy Priorities, said that the unemployment system was “a constellation of problems" that needed to be solved." She added that the near-term problem was the economy, and "both the interest payments and the principal repayments are [were] cutting into employers, and it [made] great sense to postpone them." The larger question was how to "get states to solvency.”[1]

Analysis of the proposal is at "Proposal to Rescue States."

1. Michael Cooper and Sheryl Stolberg, "Obama Plans to Rescue States with Debt Burdens," The New York Times, February 8, 2011.

Improving the World Cup: A Matter of Thinking Outside the Goal

Two things stood out for me in the wake of the World Cup of 2010: the sheer number of low-scoring games and the number of bad calls. The latter was the easier to fix. FIFA could have relaxed its opposition to instant replay even though it was not feasible technologically or financially for every game in the world.  The organization could have simply stated that every game in the World Cup would be subject to instant replay. The problem of low-scoring games, which has plagued other World Cup tournaments, is seemingly more intractable, but actually quite easy to solve if practicality is allowed some wiggle room in an otherwise fixed notion that the game not only should not be reformed, but also can not be changed.  

The full essay is at "Reforming the World Cup."

Regulating Smoking in China: A Socialist Conflict of Interest

Government ownership and control of a means of production is the standard definition of socialism even if some linguistic revisionists want to redefine the term as merely the control of a business or industry. In short, a government must own the economic enterprises to meet the definition of Socialism rather than merely government regulation of private businesses. Socialism, I contend, involves a structural conflict of interest that a government that both owns an controls an enterprise, industry or even an entire economy may be tempted to exploit for its own ends rather than the public good. The key here is the regulating of that which is owned. Specifically, where a government as owner enjoys the benefit of profit or surplus, that government has a financial interest that can be against the restriction of the produced product. Such a monopolistic restriction could admittedly be warranted by public health or safety, but the gain could also be private in the sense that it is limited to the government and even the personal financial interests of government officials. In other words, the public good can be distinct from a government’s own financial (and related political) interest even as that government is charged with acting in the public interest in part by owning and regulating state enterprises. It is the pivot between the public and private interest that sets up the conflict of interest because the human urge is to go with a narrower, private interest at the expense of the public good. In other words, the very possibility, even likelihood given human nature, that a government would exploit the wider distribution of benefits for the narrower one (i.e., to the government itself) is the basis of a conflict of interest. I argue elsewhere that even the mere possibility renders even an as-yet unexploited conflict of interest inherently unethical. Here, I examine the matter of public health in China as a case of a socialist (in part) government that has had a conflict of interest. 

The full essay is at "A Socialist Conflict of Interest."

Transcending the United Methodist Vote to Retain Prohibitions on Gay Clergy and Weddings

Delegates meeting at a special session of the General Conference of the United Methodist Church voted on February 26, 2019 to retain the denomination’s ban on gay clergy and same-sex weddings. The alternative plan would have permitted individual congregations to decide for themselves. Clearly, Methodism is not Congregationalism.  The debate was heated on both sides.[1] Transcending them, we may ask whether the heat was overblown. Pope Francis had urged his fellow Roman Catholic bishops and other clergy not to focus so much on that issue and abortion. That urging was itself controversial, which in itself can be read as confirmation that the two issues were getting too much attention and energy. Unlike the case of the Pope’s urging, the vote at the Methodists’ General Conference threatened to split that Church. Can this too be taken as an indication that the emphasis on the issue was disproportionate to its religious importance?

The full essay is at "Transcending the United Methodist Vote."

Public Access to the Public Domain Increasingly Privatized for Profit

To Aaron Swartz, the subject of the documentary, The Internet’s Own Boy (2014), the major concern in his day regarding the internet was not the ability of a person to create a blog or use social media; rather, the problem was in the trend of the power of the gate-keepers, who tell you were on the internet you want to go, concentrating. In other words, the issue concerned what commands our attention. More specifically, who gets access to the ways people find things on the internet. “Now everyone has a license to speak; it’s a question of who gets heard,” he said.  Although he was a computer wiz, he also had political aspirations; both of which were on display as he lobbied against the Stop Online Piracy Act (SOPA), which was introduced in Congress in October of 2011. Unfortunately, the combination of his computer and political skills got the attention of the FBI, which engaged in a relentless pursuit of him until, under the pressure, he committed suicide at the age of 26. His short life was one of idealism that should not have been squashed by an unstoppable criminal-justice system, especially when influenced by political pressure from corporations and politicians. Lest the overzealousness of law enforcement obscure a vision of Aaron’s idealism, it can be viewed as public access being restored to the public domain in terms of the internet.

The full essay is at "The Internet's Own Boy."

In Pursuit of Money as God Incarnate

The film L’Argent (1983) is about how far people will go to get money (l’argent en francais). One major problem with greed is that people who are enthralled by it will go to virtually any length to get money. Even a religion can unconsciously warped to separate greed from earning and having wealth. Historically, Christian thought on greed and wealth has shifted from anti- to pro-wealth. Whether enabled by their religion or not, greedy people will think nothing of other people being hurt in the process. Hence, greed can be reckoned as selfishness incarnate. To claim that money is God not only puts a lower good above a higher one, but also manifests self-idolatry.

The full essay is at "L'Argent."

Bankers or the Bank: Which Is Responsible?

Along with paying $2.6 billion to settle criminal and civil charges for having “failed, and failed miserably” to notify the SEC of warning signs that could have short-circuited Bernie Madoff’s $17 billion Ponzi operation, J.P. Morgan Chase only had to acknowledge that its actions were improper.[1] No criminal prosecution ensued. The electronic evidence against Madoff's operation was too damning for JP Morgan Chase to have missed it. Indeed, according to USA Today, “JPMorgan had suspicions about Madoff’s operation as early as December 1998, when a bank fund manager warned the investment returns were ‘possibly too good to be true.’”[2] Without submitting any “suspicious activity reports” to the U.S. Government as required by law, the bank had pulled $275 million of its own “feeder funds” from Madoff’s fund two months before Madoff’s financial services firm collapsed.[3] In other words, the bankers connected the dots well enough for the bank's financial interest and perhaps even their own, yet strangely  enough no one at the bank could manage to let the outside world  know, even though federal law mandated reporting the suspicions to the SEC.  and responsibility urged it.

The full essay is at "Bankers or the Bank: Which is responsible?"

J.P. Morgan hitting a man. Was he demonstrating that criminal law applies to human beings rather than to organizations themselves?  Image Source: Wikimedia Commons

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1. This was according to Manhattan U.S. Attorney Preet Bharara.Tim Mullaney and Kevin McCoy, “JPMorgan to Pay $2.6 billion in Madoff Case Settlements,” USA Today, January 8, 2014.

2. Ibid.

3. Ibid.

Corporate Political-Campaign Contributions as Decisive in Anti-Trust Enforcement

On August 31, 2011, “the [U.S.] Justice Department sued to block AT&T’s $39 billion takeover of T-Mobile USA, a merger that would create the nation’s largest mobile carrier. 'We believe the combination of AT&T and T-Mobile would result in tens of millions of consumers all across the United States facing higher prices, fewer choices and lower-quality products for their mobile wireless services,' said James M. Cole, the deputy attorney general.”[1] The New York Times claimed at the time that it was “arguably the most forceful antitrust move” by the Obama administration.[2] To be sure, there were “few blockbuster mergers with the potential to reshape entire industries and affect large swaths of consumers.”[3] However, one could cite the UAL merger with Continental and Comcast’s acquisition of NBC as accomplished mergers. It is more likely that the housing-induced recession made the administration reluctant to risk a major company looking for buyer going bankrupt. I would not be surprised if the vested interests of major mergers and acquisitions “played the bankruptcy card” as leverage with the Justice Department. Moreover, the political power of mega-corporations in the U.S. can be expected to have come into play.

The full essay is at "The Role of Corporate Political Contributions on Anti-Trust Enforcement."

1. Ben Protess and Michael J. De La Merced, “The Antitrust Battle Ahead,” New York Times, August 31, 2011. 
2. Ibid.
3. Ibid.

U.S. President Trump’s Spending on a Border Wall: Federalism at Risk?

U.S. President Trump announced in February of 2019 that he would fully fund a wall on the U.S.’s southern border. He would first use the $1.375 granted by Congress to be followed by  $600 million from a Treasury Department asset-foreclosure fund for law enforcement, $2.5 billion from a military anti-drug account, and $3.6 billion in military construction funds.[1] The president’s rationale hinged on his declaration of a national emergency due to illegal immigration, drug-traffic, and crime/gangs—all having been coming across the border on a regular basis. In federal court, sixteen of the U.S.’s member-states challenged the president’s declaration and use of funds. The U.S. president’s legal authority to declare national emergencies was pitted against the authority of the U.S. House of Representatives to be the initiator of federal spending legislation. The House therefore had standing to sue. The question of the states’ legal standing is another matter. It is particularly interesting because it involved not only whether a given state would be harmed by the wall or even the president’s use of other funding sources that could otherwise be used for other projects in the states not directly affected by the wall, but also because federalism itself could be negatively affected in a way that harms all of the states.

The full essay is at "Spending on a Border Wall: Federalism at Risk?"

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1. Charlie Savage and Robert Pear, “States’ Lawsuit Aims to Thwart Emergency Bid,” The New York Times, February 19, 2019.

Anne Frank Remembered

While studying at Yale, I took a seminar on documentaries following two other, more pertinent film courses on narrative itself. I even took a preaching seminar on story-telling. The documentary choice was off my trajectory. The opportunity cost was large, considering that I was otherwise taking courses in Yale’s better-reputed humanities fields of philosophy of religion, theology, and history. Now perhaps my excursion into the documentary genre can bear some fruit, for I analyze here the documentary, Anne Frank Remembered (1995). The strength of this documentary I take to be its reliance on witnesses even at the expense of narration to tell the story. People could say with definiteness what had happened to Anne Frank since she and her sister and parents left Amsterdam. Their journey evinced the mentality of the Nazis as one not just as dehumanizing the Jews, but as treating them worse than livestock. Even when Nazi Germany was losing the war, the Nazis foreswore the use-value of the Jews starved or gassed.

The full essay is at "Anne Frank Remembered."

Jesus' Teaching on Love beyond Morality in Human Relations: The film "Forsaken" Falls Short

In an interview on the film, Forsaken (2015), Kiefer Sutherland remarks that the film is black and white in terms of the bad and the good guys. In other words, the film is a classic western. James McCurdy wears the “black” hat, while Rev. Samuel Clayton, played by Donald Sutherland, wears the “white” one (even though his clergy-wear is entirely black).  However, Samuel is hardly very nice, or forgiving, to his son at first. 

On the other side of the dichotomy, Brian Cox, who played McCurdy, said in an interview that his character has the virtue of business sense in that the man buys up area farms, albeit by ruthless means, because he anticipates that the anticipated railroad would drive up land prices. Nevertheless, that McCurdy is willing to take the risk does not justify killing farmers who refuse to be bought out. Michael Wincott, who played Dave Turner—McCurdy’s hired hand, said in an interview that he didn’t see McCurdy as at all grey; rather, his own character and John Henry Clayton, the reverend’s son, are grey in that both try to resist killing; they both know better and attempt to resist the temptation. Even such nuances from the traditional “black and white” western do not go far enough in describing the de facto religious complexity in John Henry. In fact, the screenwriters did not go far enough to capture a truly Christian response to even one’s enemies. Hence I submit that the film gives a superficial gloss that belies just how far a Christian much go to follow the teachings of Jesus.

The full essay is at "Forsaken."