Hypocritical CSR during a Pandemic: O’Reilly Automotive, Inc.

In the retail sector, the behavior of managers and their employees at the store level is particularly relevant to customers. This relevance, I submit, outweighs the wider benefit of a company’s corporate social responsibility (CSR) program if the behavior contradicts either the CSR wording or actual programs. Besides the obvious bad odor of hypocrisy that vitiates CSR claims, a company’s direct effects on its customers (and employees) have implications in terms of responsibility. I submit that these implications are more important than those of CSR programs that are geared to societal problems because they are less central to a business. In short, having a CSR program does not make up for irresponsible policies or conduct toward customers (and employees). O’Reilly’s Automotive serves as a good illustration.

The full essay is at "Hypocritical CSR during a Pandemic."

On the Rushed Sainthood of Pope John Paul II: Metaphysics and Ideology Triumphant

Just days after the death of Pope John Paul II, “cardinals eager to uphold his conservative policies had already begun discussing putting him on a fast track to sainthood.”[1] This alone could have alerted religionists as to the possible sanctification of an ideology within the Roman Catholic Church. The force of an ideology to its partisans can render them deaf to other considerations. The church ideologues clamoring for the ages-old process of canonization to be disregarded—hardly a conservative demand—chose not to hear the “notes of caution from survivors of sexual abuse and historians that John Paul had persistently turned a blind eye to the crimes in his church.”[2] Fifteen years later, the Vatican itself admitted that the former pope had known of the crimes of Archbishop (of New York) Theodore McCarrick yet refused to put a stop to them. “The investigation, commissioned by Pope Francis, who canonized John Paul in 2014, revealed how John Paul chose not to believe longstanding accusations of sexual abuse against [McCarrick], including pedophilia, allowing him to climb the hierarchy’s ladder.”[3] Rather than being a mere mistake in judgment, as some conservatives would argue, the decision to look the other way resulted in great evil. The foreseeable consequences meant that John Paul II allowed more rapes to happen. Besides the rather obvious point that a saint would not have done so, and thus the canonization of John Paul II was erroneous, this case suggests that the “two miracles” requirement for canonization is itself flawed.

The full essay is at "On the Canonization of Pope John Paul II."

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1. Jason Horowitz, “Sainted Too Soon? Vatican Report Cast John Paul II in Harsh New Light,” The New York Times, November 14, 2020.
2.  Ibid.
3. Ibid.

Corporate Federalism: Did AOL Miss an Opportunity?

Citing twelve past and present AOL employees, The Wall Street Journal characterized AOL in 2011 as a “culture of clashing fiefs and personalities created by a rapid series of acquisitions that haven’t jelled.”[1] Just in managing the likes of Michael Arrington and Arianna Huffington, Tim Armstrong had his hands full as CEO. Both Arrington and Huffington were strong defenders of editorial independence in their respective units. Arrington started a venture capital firm partly financed by AOL to invest in tech firms even as Arrington’s division at AOL, TechCrunch, wrote on technology firms. The problems for AOL went well beyond acquiescing in a structural conflict of interest of TechCrunch writing on particular tech companies while investing in some of them but not others. A person familiar with AOL said that Armstrong “had a macro vision that was right but didn’t have the right plan to implement it.”[2] That is to say, his visionary leadership was good but his strategic management was bad. Strategic leadership demands better. AOL may have been a good candidate for a federal system of governance because the publishing units needed some autonomy even at the cost of foregone corporate cooperation. 

The full essay is at "Corporate Federalism and AOL."

1. Jessica E. Vascellaro and Emily Steel, “Culture Clashes Tear at AOL,” Wall Street Journal, September 10-11, 2011. 

2. Ibid.

Taxation and Economic Inequality

The top 1% of U.S. taxpayers had 19.4% of the total income in 2007 and paid 28.1% of all federal taxes. In 1987, the top 1% had had 11.2% of the total income and paid 16.2% of all federal taxes. The share of total income going to the wealthy (income over $353,000 in 1987) and the share of federal income taxes they paid increased. That the poverty rate hit 15% in 2011 while the real wages of the middle and lower classes were back to mid-1990s levels suggests that the rich were getting richer as the poor were getting poorer; income and wealth inequalities were increasing. Differential impacts of a taxation regime can have an impact on a growing inequality, and thus on whether a society should adjust its tax structure. 

The full essay is at "Taxation and Economic Inequality."

Bank One: Adding to Systemic Risk after the Financial Crisis of 2008

The financial crisis in September 2008 was indeed a crisis, and yet it is stunning how soon the American financial sector sought to undermine governmental efforts to guard against another such crisis. Exactly three years after the crisis, Republicans in Congress  repeatedly invoked the Dodd-Frank Act’s 848-page length and rules on trading derivatives and swaps as examples of government overreach at the expense of much-needed jobs. “Dodd-Frank is adding safety margins to the banking system,” according to Douglas Elliott at the Brookings Institution. “That may mean somewhat fewer jobs in normal years, in exchange for the benefit of avoiding something like what we just went through in the financial crisis, which was an immense job killer.”[1] To scrap the new law in order to save few jobs would thus be short-sighted even with regard to jobs. Wall Street's concern, however, was not jobs, but, rather, the loss of profit off high-risk trading. 

The full essay is at "Bank One and Systemic Risk."

1. Edward Wyatt, “Dodd-Frank Act a Favorite Target for Republicans Laying Blame,” New York Times, September 21, 2011. 

American Federalism Eclipsed by an Ideal of Democracy: Education Over Immigration as a Constitutional Problem

The U.S. Constitution includes immigration as one of the listed (i.e., enumerated) powers of the federal government. Education is not such a power; hence it resides with the States. Historically, the accumulation of power by the federal government has involved taking areas from the States even though those areas are not listed as federal powers. As a result, American federalism has shifted increasingly toward a consolidation of power at the federal level. Among other means, Congresses and U.S. presidents have used the power of the purse to gain control from the States. Education is a case in point, whether elementary, secondary, or higher education. That the U.S. Government has had trouble controlling the country's southern border with Mexico suggests that maybe adding education has come at the expense of the added attention and effort that could have been put on immigration. In business terms, an opportunity cost (i.e., the cost of foregone benefits) comes with each additional federalized area. U.S. President Obama on education presents us with a case in point. 

The full essay is at "Federalism Eclipsed by Consolidation."

The Right of Political Protest in the U.S.: Nullified in the Outback by Intimidation

The First Amendment of the U.S. Constitution states in part, “Congress shall make no law respecting . . . the right of the people peaceably to assemble, and to petition the Government for a redress of Grievances.” Peaceable protest, even to protest a government or an official thereof, has come to be regarded as a staple of American democracy. In practice, however, the right can be eviscerated such that peaceful protesting is simply not worth the trouble. Such trouble can be orchestrated by a police force or even a government within the United States. Implicit in the right to protest is the value put on tolerating the expression of contrary opinions. Conservative and progressive views, even those of racists and anarchists, respectively, are generally accorded the right to peaceably protest in a public way. If a State is sufficiently one-sided, however, public officials, including governors, majors, and police chiefs, can reflect the dominant attitude of residents that protests on behalf certain political, economic, or social ideologies should not be allowed. If they must be allowed, then massive shows of police force can—it is assumed--legitimately be used to intimidate the protesters. 

The full essay is at "The Right of Political Protest."

Deficit Reduction and Tax Breaks: Rhetoric and Reality

Actions speak louder than words. A tree is known by its fruit. Where your treasure is, therein lies your heart. These three sayings each have at their root a value on integrity or authenticity that cuts through purported assertions designed to manipulate or otherwise mislead. Integrity here is consistency between word and deed. When members of Congress have cried that the sky was falling under the weight of the annual deficits and the accumulated debt of the U.S. Government, a person might ask by looking at the actual votes on legislation whether the representatives really considered the fiscal imbalances as so dire. If someone exclaims that her house is about to explode but does not act accordingly, such as in running out of the house rather than finishing dinner, it is reasonable to doubt that the person really believes that a blast is imminent. In protecting tax breaks even amid a deficit of over $1 trillion in 2011, members of Congress belied their own warnings concerning the American governmental debt crisis. The American people as a whole let their representatives get away with the Janus-like stances, and this in turn eventually allowed the U.S. Government debt to exceed $20 trillion. 

The full essay is at "Fiscal Rhetoric and Reality."

The Tyranny of the Veto: Eviscerating the U.N.

Russia and China vetoed a U.N. Security Council resolution on October 4, 2011, effectively tossing a life preserver, according to the New York Times, to Syria’s president. The toothless proposal would have condemned the Syrian government for its violent crackdown of popular protests in which more than 2,700 had been killed. The proposal’s language had been softened from targeted financial sanctions; the council would merely have been charged with considering unspecified measures after a 30-day period. Two reasons can be cited for the two vetoes: commercial ties and a vested interest in forestalling any more threats to the doctrine of national sovereignty.

The full essay is at "Tyranny of the Veto: Eviscerating the UN."

On the Ethics of Business Donations and Saving Souls

In the film, Major Barbara (1941), Barbara, a Major in the Salvation Army, has been raised with her sister and brother by their mother. She is legally separated or divorced from the father, Andrew Undershaft, who nonetheless finances the lavish lifestyle of his family. Even Barbara, the idealist Christian evangelical, lives on her father’s armaments wealth. Yet when she meets him after several years, she leaves the Salvation Army after Andrew and an alcohol producer donate large sums. Although Barbara recognizes that the Army in London needs the money, she believes that the Army has sold out because providing weapons of death and alcohol are sinful. “What price salvation, now?” a customer at the Army’s soup kitchen asks Barbara after she had taken off her Army pin and given it to her father. Barbara is not willing to continue with the Christian organization because in her mind it has sold out even though it admittedly needs the donations to survive. But has the Army sold out? Furthermore, does Barbara sold out in using her father's business to convert workers. Ironically, that may be more ethical than the Army's approach to saving souls. 

The full essay is at "Major Barbara."

Coronavirus Reveals Dysfunctional Culture in Arizona

In mid-October, 2020, when the coronavirus was again peaking in E.U. states such as France and Germany and U.S. states such as Wisconsin and New Mexico, public health experts were worried about how the upcoming flu season would interact with the new virus, especially as people gather more indoors when outside temperatures turn colder. On October 15, 2020, for instance, seven U.S. states saw record numbers of hospitalizations, according to the Covid Tracking Project, and fourteen states set records for their seven-day averages of new daily cases, according to Johns Hopkins University.[1] France and Germany had already instituted nightly curfews. On October 16, Tier 2 Restrictions went into effect in London, which include urging people to avoid public transportation. Because physical distancing is not always possible on buses, subways, and light rail, universal mask wearing was crucial. According to IHME projections at the time, universal mask wearing in general “could save the lives of more than 70,000 Americans in the next three and a half months.”[2] With New Mexico’s chief executive referring to the coronavirus situation as “the most serious emergency that New Mexico has ever faced” on October 14, it was very troubling that Arizona, which borders New Mexico, had failed to enforce laws requiring masks on public transportation. This failure is extraordinary because of the mentality behind it.

The full essay is at "Dysfunctional Culture during a Pandemic."

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1. Christina Maxouris and Jason Hanna, “The US Has Reached 8 Million Covid-19 Cases, and the Pace of New Infections Signals a Tough Winter,” CNN.com, October 16, 2020.

2.  Ibid.

On the Arrogance of Self-Entitlement during a Pandemic

In the midst of the 1918 Spanish Flu pandemic, libertarians in San Francisco, California objected to wearing face masks. Other people there were simply fed up with wearing masks by late 1918. The libertarians, who objected on the basis of rights, actually prevented the Board of Health from renewing a mandate to wear masks.[1] In early 1919, another spike in influenza cases there led the board to put a mandate in place. So in March of 2020, the failure of mass transits and retail stores to enforce physical distancing and the failures a few months later to enforce mandates on wearing face masks to reduce the spread of the coronavirus can be seen as recklessness (and fecklessness) that could have been prevented by looking back a hundred years. But could the willful disregard of store policies and local law both by customers and store managers have been prevented had business had heeded history? I contend that human nature, which had not changed in such a short time by evolutionary standards, played the heavy, or anchor.

The full essay is at "On the Depth of Selfishness."

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1. Kristen Rogers, “What the 1918 Flu Pandemic Can Teach Us about Coronavirus,” CNN.com, September 25, 2020.

Ruth Bader Ginsberg: Societal Change as the Mission of the U.S. Supreme Court

By chance, I watched RBG (2018), a documentary on Ruth Bader Ginsberg, a U.S. Supreme Court justice, on the day she died in 2020. Being just a month and a half before the U.S. presidential election, the sudden opening immediately became political. This is of course to be expected, given that the sitting U.S. president nominates candidates and the U.S. Senate confirms them. The role of political ideology on the bench and thus in court decisions, however, is considerably more controversial because the justices are tasked with interpreting the law rather than stitching their own ideologies into law as a means of changing society. The documentary demonstrates that changing society through law was precisely Ginsberg’s objective.

The full essay is at "RBG."

On the American Military-Industrial Complex

A democratic republic affords many avenues for organized private interests to influence public policy. The fact that such interests are organized is enough to outweigh the influenced of an organized constituency. Add in the money available to organized interests and the imbalance is exaggerated. The military industrial complex—the “informal” alliance between a military and private defense-contractors is a case in point in the United States. 

The full essay is at "Military Industrial Complex."

Britain's Obsession with Sovereignty Threatens Trade Treaty with the E.U.

Months after Britain seceded from the E.U., the government of the former state went rogue in intending to pass a law that would unilaterally change, and thus violate, the terms of the post-secession trading agreement between the UK and its former union. The bill proposed no new checks on goods going from the Northern Ireland region to the other regions of the UK. Whereas the British prime minister was claiming that the full sovereignty of the former state meant that Parliament could unilaterally change the terms of a treaty, the European Commission was saying, in effect, that an agreement is an agreement. I contend that the Commission was correct. Moreover, even before the UK seceded from the European Union, an obsession on sovereignty (then, states' rights) rendered Britain vulnerable to failing to grasp the costs.  

The full essay is at "Trade Treaties and Governmental Sovereignty."