CSR and Corporate Governance Reform: An Opporunity for BlackRock as an Activist Shareholder

In 2019, BlackRock’s management and board publically fired two executives in the Hong Kong office for breaching company rules on dating subordinates. The firings demonstrated to employees that the company would enforce its employee policies and sent the message that employees would be “free to point out problems in the workplace.”[1] This would not be so extraordinarily significant but for the fact that BlackRock is the “world’s largest money manager with $7.4 trillion under management,” which enables the company, through the funds it runs, to be “one of the five largest shareholders in nearly every corporation in the S&P 500.”[2] So BlackRock “can cast votes and pressure boardrooms to effect change.”[3] The company would be hypocritical in using its power as a major stockholder to get managements to have and enforce good workplace policies if the company were not doing so itself. From the standpoint of self-regulatory capitalism in society, BlackRock could make a significant contribution far beyond improving workplace policies.

The full essay is at "CSR and Corporate Governance Reform."

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[1] Dawn Lim, Steven Russolillo, and Jing Yang, “At BlackRock, Public Firings, Overseas Probe Send Message About Office Misbehavior,” The Wall Street Journal, February 3, 2020.

[2] Ibid.

[3] Ibid.

Judaism and Christianity on Climate Change

First Reformed (2017) contains fundamental ideas concerning the human condition and wrestles with the relationship between religion and politics.  Ideas play a significant role in the film, hence it can be used in support of the thesis that film is a viable medium in which to make philosophical (and theological) ideas transparent and derive dramatic tension from clashing ideas. In this film, the ideas that clash concern the role of religion in the political issue of climate change—or is that issue primarily religious?

The full essay is at "First Reformed."

Brexit as a Contribution to Political Development

Britain’s secession from the E.U. was, I submit, based on a reaction within the state against it having given up some of its sovereignty to the European Union. The American states too were originally (i.e., from 1776) fully sovereign until they gave up some limited (i.e., enumerated) sovereignty to the federal level in 1789. In 1861, South Carolina, like Britain, also sought to secede based on the view that too much sovereignty had been transferred. Unlike the UK, however, SC (and then the other seceding states) resorted to force. Although the process of Britain’s secession was arduous, I submit that South Carolina and federal officials had been excessively rigid. Even though the “dual sovereignty” of the European and American federal systems is perpetual, only the E.U. allows for peaceful secession. This evinces a step forward in the political development of federalism. Both a federal union and a strongly anti-federalist state are better off with secession being possible, especially if the process is peaceful. Europe deserves to be congratulated, and America would do well in taking a lesson in order to benefit from the advance. Peaceful secession can be done in a federal system of dual (i.e., federal and state) sovereignty.

The full essay is at "Congratulations to Europe!"

The Senate Trial of President Trump: Riddled with Conflicts of Interest

At the beginning of a U.S. Senate trial on whether to remove an impeached U.S. president from office, the senators take an oath to be impartial jurists. The impartiality is important because the senators are theoretically to listen to the partial U.S. House prosecuting managers and the president’s defense lawyers. Were the senators themselves partial, they would simply reflect the two sides that make their respective cases. In the trial of Donald Trump, I submit that few if any senators had any intention of being impartial and thus as serving as a jurist rather than as an extension of the prosecutors or defense. In effect, the verdict is left to whichever political party controls the Senate. I contend that having the Senate try presidents is problematic due to conflicts of interest.

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

National Absurditas

Words can be stretched, or even abused, in the service of a self-serving ideology that is utterly unfair to other people as well as stubborn facts. Nietzsche theorized that ideas are the stuff of instinctual urges tussling for supremacy in the human mind. Against Kant’s love of the fixed laws of reason for their own sake, I submit that Nietzsche’s tussle of ideas can bend even the laws of reason, like the gravity of large masses can bend space (and thus light) and time. The basic framework of the universe is not static. Neither, I believe, are the rules of reason, and reasoning itself. Intense power, such as that of an ideology, can warp both the basic framework and process of reason. This can explain why ideologues can be seen by others to suffer from cognitive dissidence: holding two contradictory beliefs at the same time. A defense mechanism of ideology can block awareness of one of the two. Self-serving applications of the word, national, is a case in point.

The full essay is at "National Absurdity."

Terms of Office in a Representative Democracy: Greek Austerity

In September 2012, the E.U. state of Greece was in the process of working out a 11.5 euro austerity plan that would involve forced retirements in public sector and pension cuts so the E.U. would approve another installment of the bailout to the state. One resident remarked at the time, “Mark my words. In the coming months, there will be a revolution, and this government will fall.”[1] This sounds a bit like “buyer’s remorse” concerning the election the previous June  in which the anti-bailout/austerity party barely lost. What about all the Greeks who voted for Samaras, the pro-bailout/austerity leader? It cannot be assumed that they, too, had buyer's remorse even as the additional cuts went into effect. Even if the electorate shifted in the direction of anti-austerity as the forced retirements and pension cuts occurred, the ingrediants of representative democracy includes terms of office to protect the elected officials by giving time for their policies to work. Representative democracy does not reduce to the momentary passion of the masses. According to Plato, mob rule is the bad form of democracy. 

The full essay is at "Terms of Office in Democracy."

1. Liz Alderman, “Greek Government and Public at Odds Over New Cuts,” The New York Times, September 6, 2012. 

A Teachable Moment for Americans: Solidarity as a Shared Value in European Identity

Speaking at the Schloss Bellevue palace in Berlin, President Joachim Gauck used a televised speech in February 2013 to make the case for more European integration. At the time, calling for “more Europe” in terms of shifting still more governmental sovereignty from the state governments to that of the Union was not a very popular task. Further limiting the power of his message is the fact that the German presidency is largely ceremonial , unlike the office of governor in an American state. Nevertheless, Gauck was determined to put the contemporary condition of the “European project” in favorable perspective. The most striking—and even effective—aspect of his speech is his repeated references to “European citizens.” Had he used “Germans” instead, he would have subtly undercut his own message. The prime minister of the E.U. state of Britain at the time would never have used the term, "European citizens." Nor would he have agreed with the E.U. value of solidarity and especially the ensuing social policy. The American media tended to follow suit, rather than covering the otherness of the other: the European Union as having a societal political value that has been very recessive in the United States. In this regard, I contend, the American media companies let down the American people, who would have stood to benefit from the wider perspective that would have enriched American political debates from the tyranny of the hegemonic value ensconced in American culture: that of the self-sustaining individual ideally in the state of nature, economically speaking. Reporting on the principle of solidarity would have given Americans the acccurate picture of the E.U. as being more than just a trading "bloc." This point in turn could have resulted in Americans coming to the realization that the E.U. is equivalent to the U.S.—both being empire-scale federal systems wherein governmental sovereignty is split.

The full essay is at "Solidarity as a European Value."

Italian Election Roils Markets: An Over-Reaction

With no party having gained sufficient seats in the upper house of the Italian legislature, analysts warned on February 25, 2013 of a “hung parliament,” which would make it even more difficult for structural and fiscal reforms to be passed. Even though the Democratic Party appeared to have gained a slim victory in the lower house, giving that party the majority of 340 seats out of 630, the upper and lower houses have equal law-making ability so even the possibility of a hung parliament roiled markets. I contend that this is yet another case of financial analysts over-reacting to political uncertainty. 

The full essay is at "Political Uncertainty Overstated." 

American Federalism: Christianity as the Official Religion in North Carolina

“Congress shall make no law respecting an establishment of religion, or preventing the free exercise thereof.” Congress. The writers of the First Amendment of the U.S. federal Constitution were obviously excluding the state governments. Even so, the U.S. Supreme Court has established that the amendment applies to the states as well as Congress. From Lemon v. Kurtzman (1971), the Court gave us what is known as the Lemon test. State funding for parochial schools (e.g., Catholic schools) must have a secular legislative purpose (e.g., education), neither advance nor inhibit religion in its consequences, and not foster “an excessive government entanglement with religion.” Yet the leap in claiming that the amendment bears on the states must deal with the explicit language that “Congress shall make no law.” Even so, it did not seem constitutional to many people in 1913 when the North Carolina legislature tried to make Christianity the republic's official religion. Even so, because the United States is essentially a federal empire of fifty republics, care ought to be taken when applying a one-size-fits-all approach as it does not take into account interstate political, religious, and cultural differences. Much is made of these in the European Union, but not in the United States. 

The full essay is at "Christianity as a State Religion in the U.S." 

The E.U. as Peace-Maker: Bringing in Serbia and Kosovo

Serbia and Kosovo reached an agreement on April 19, 2013 bearing on how much autonomy Kosovo would allow Serb cities in return Serbia’s recognition of Kosovo’s remaining authority in the cities.[1] Kosovo had seceded from Serbia in 2008, and the ensuing conflict kept both states from joining the European Union. As it turned out, the prospect of accession gave both Serbia and Kosovo enough incentive to reach an agreement. Indeed, only a few days after the agreement had been reached, the governments of Serbia and Kosovo approved it. Such swiftness indicates how strong of an incentive accession can be for belligerent republics in Europe. The E.U.’s deployment of this “carrot” is fully in line with the main objective of the European Union: to prevent war in Europe. According to the New York Times, the accord is thus “an important victory” for the E.U.[2] An even further victory in line with the E.U.'s most important purposes would be to internalize both Serbia and Kosovo so any future interstate conflicts could be peacibly resolved. 

The full essay is at "The E.U. as Peace-Maker."

1. Dan Bilefsky, “Serbia and Kosovo Reach Agreement on Power-Sharing,” The New York Times, April 20, 2013.
2. Ibid.

The British Pound Reacts to Secession

When the E.U. state of Britain held a vote in 2016 on whether to secede from the union, the British currency plummeted. On the day of the December 2019 statewide election in the U.K., that currency initially jumped and held on the day after as official results confirmed that the conservatives had won a majority and thus would be able to see the secession through. I submit that uncertainty itself was a major factor in both swings, and that the market put too much emphasis on the matter of uncertainty at the expense of the substantive economic effects of secession.

The full essay is at "The British Pound and Secession."

Oligarchs in Ukraine Decide the E.U./Russia Question: Big Business on Top of Democracy?

One of the many lessons shimmering in the sunlight from stars such as Gandhi and Mandela is the possibility that popular political protest really can matter after all. Alternatively, managing (or manipulating) the crowd could be a mere front dwarfed in influence by that of a rich and power elite. Although the Ukraine will serve as our case study, democracy itself is under the microscope here.

The full essay is at "Oligarchs in Ukraine."

Two Sizes Fit All: America’s Two-Party-System Stranglehold

A Rasmussen Reports poll conducted in early August 2011 found that “just 17% of likely U.S. voters think that the federal government . . . has the consent of the governed,” while 69% “believe that the government does not have that consent.”[1] Yet an overwhelming number of Congressional incumbents is reelected. Is it that many Americans stay away from the polls on election day, or does the two-party system essentially force a choice? Voting for a third-party candidate risks the defeat of the candidate of the major party closest to one’s views. Such a vote is typically referred to as a protest or throw-away vote. Is it worth driving to the polls to do that?

The full essay is at "A Two Party Duopoly in American Politics."

1. Patrick H. Caddell and Douglas E. Schoen, “Expect a Third-Party Candidate in 2012,” Wall Street Journal, August 25, 2011.

President Obama and Goldman Sachs: A Quid Pro Quo?

U.S. President Obama nominated Timothy Geithner to be Secretary of the Treasury. While president of the New York Federal Reserve Bank, he had played a key role in forcing AIG to pay Goldman Sachs’ claims dollar for dollar. Put another way, Geithner, as well as Henry Paulson, Goldman’s ex-CEO serving as Secretary of the Treasury as the financial crisis unfolded, stopped AIG from using the leverage in its bankrupt condition to pay claimants much less than full value. At Treasury, Mark Patterson was Geithner’s chief of staff. Patterson had been a lobbyist for Goldman Sachs. It would seem that the "real change" president put together a Wall-Street administration.

The full essay is at "President Obama and Goldman Sachs."

Congress: Hitched to the Status Quo

To lead is to be out in front, pointing the jet’s nose one way rather than another. Leadership is not that which causes drag at the back of the plane. Leadership is not that which holds a society in place or protects the vested interests. Whether envisioning something new or a return to a better time, a leader is not oriented to the status quo. It is significant, therefore, that the Minority Leader of the U.S. House of Representatives, one of the two chambers in the American Congress, has stated publicly that the Congress is rigged to advantage the status quo. The stunning implication is that members of Congress are actually anti-leaders.

The full essay is at "Congress and the Status Quo."