Category Archives: Social values

Bill Black: Fiat Justitia Ruat Caelum (Let Justice be Done, Though the Heavens Fall)

Yves here. This post by Bill Black is important because it presents and dissects an ugly example of failure of morality and common sense within what passes for the elite in the US.

Earlier this week, Matthew Yglesias defended the Administration’s distaste for pursuing fraud investigations against financial players:

….the Obama administration felt it was important to restabilize the global financial system. That meant, at the margin, shying away from anxiety-producing fraud prosecutions. And faced with a logistically difficult task, that kind of pressure at the margin seems to have made a huge difference. There simply was no appetite for the kind of intensive work that would have been necessary.

I’m not as persuaded as, say, Jamie Galbraith is that the failure to do this is a key causal element in our economic problems. Indeed, I’d say that if you look at the situation literally, Tim Geithner’s judgment was probably correct.

This line of thinking is a favorite of authoritarians. Democracy, justice, and capitalism are messy affairs. All sort of repressive measures can be justified in the name of stability and safety. And the irony here is that the firms directly responsible for the most disruptive economic event of the last eighty years are to be shielded from the long arm of the law….in the name of stability, the one output they have clearly failed to provide.

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Is Paying for Performance Such a Hot Idea?

Pay for performance has become virtually a religion in America. As a result, evidence that it doesn’t work as advertised is seldom heard in polite company.

Most of the caveats raised about bonuses in the business media relate to the design of particular pay arrangements rather than the general concept. These awards often reward short-term risk-taking or just dumb luck, and may be excessive relative to an individual’s real value added (as in they attribute too little value to the existing franchise and firm resources).

An article in New Scientist (hat tip reader Kevin S) raises more fundamental issues. It explains how performance-linked bonuses can be demotivating and lead employees to game the system rather than do their best work.

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Mirabile Dictu! Walker Admits in Testimony That Ending Collective Bargaining Won’t Save Money

From the Capital Times (hat tip Menzie Chinn):

Kucinich said he could not understand how Walker’s bill to strip most collective bargaining rights from nearly all public workers saved the state any money and therefore was relevant to the topic before the committee, which was state and municipal debt.

When Walker failed to address how repealing collective bargaining rights for state workers is related to state debt or how requiring unions to recertify annually saves money — one of the provisions in Walker’s amended budget repair bill — Kucinich tried one more time.

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William Hogeland: Created Equal? Founding Era Tensions on Economic Fairness

Whiskey Rebellion and a collection of essays, Inventing American History who blogs at http://www.williamhogeland.com. Cross posted from New Deal 2.0

In 1776, rowdy Democrats fought for equality. But their notions didn’t suit early elites.

“All men are created equal,” the Continental Congress famously announced in the document that came to be known as the Declaration of Independence. These are powerful words — and reflecting on America’s founding struggles over money and finance can give the familiar phrase new resonance. For even as Thomas Jefferson was drafting the Declaration in a small, hot room in Philadelphia in the summer of 1776, the democratic popular finance movement was blooming in America. Throughout the country, ordinary people placed all hopes on America declaring independence from England. Equality was indeed their goal. And by this, they meant economic fairness: A newly level playing field where they could compete for prosperity.

Near the room where Jefferson wrote, the most successful of those democratic movements was coming to fruition in Philadelphia’s Carpenter’s Hall. To the artisans, laborers, mechanics, and militia privates gathered there, declaring independence from England offered an amazing chance for creating a new kind of government, fostering fairness for the less propertied, even the unpropertied; obstructing traditional high-finance privilege; and giving the ordinary people access to representation and economic opportunity. Right down the street from the Pennsylvania State House where the Congress met, supporters of this democratic movement were seizing the moment of crisis with England to bring about an economic revolution in America. And their 1776 Pennsylvania constitution made economic equality into law for the first meaningful time anywhere.

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William Black: Why aren’t the honest bankers demanding prosecutions of their dishonest rivals?

This is the second column in a series responding to Stephen Moore’s central assaults on regulation and the prosecution of the elite white-collar criminals who cause our recurrent, intensifying financial crises. Last week’s column addressed his claim in a recent Wall Street Journal column that all government employees, including the regulatory cops on the beat, are “takers” destroying America.

This column addresses Moore’s even more vehement criticism of efforts to prosecute elite white-collar criminals in an earlier column decrying the Sarbanes-Oxley Act’s criminal provisions: “White-Collar Witch Hunt: Why do Republicans so easily accept Neobolshevism as a cost of doing business?” [American Spectator September 2005] This column illustrates one of the reasons why elite criminals are able to loot “their” banks with impunity – they have a lobby of exceptionally influential shills.

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Daniel Pennell: Thoughts on American Homeownership

Yves here. Despite the prevalence of retail therapy in America, consumption does go in and out of fashion. For instance, in the wake of the nasty 1991-1992 recession, “cocooning” was in briefly, which was code for “stay at home, feel sort of miserable and read books, but pretend you are virtuous by lighting nice scented candles and making at least some of that reading New Agey.” Entertaining at home was in. If you were feeling a tad more secure, you might decorate, but nothing really splashy, just comfortable/functional.

This downturn is leading to more fundamental rethinking of what used to be a mainstay of personal security but increasingly became a consumption item, namely, owning a home.

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William Hogeland: Constitutional Convention Delegates Had Common Goal – Ending Democratic Finance

By William Hogeland, the author of the narrative histories Declaration and The Whiskey Rebellion and a collection of essays, Inventing American History who blogs at http://www.williamhogeland.com. Cross posted from New Deal 2.0

Economic struggles played a huge role in the founding of our country, despite some attempts to revise that history.

Edmund Randolph of Virginia kicked off the meeting we now know as the United States constitutional convention by offering his fellow delegates a key inducement to forming a new U.S. government. America lacked “sufficient checks against the democracy,” Randolph said. A new government would provide those checks.

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Sleaze Watch: Former NY Fed Bank Supervisors Lobbying to Neuter Regulations

The level of corruption in our society is so high that it is not only out in the open, but actively enabled by people in very high places. It shouldn’t be any surprise that the famed Turbo Timmie, a man who somehow was forgiven for having neglected to pay payroll taxes while a consultant to the IMF, would not be terribly sensitive as far as ethics rules are concerned. The latest fiascos involve the already-overly-bank-friendly New York Fed.

We’ve commented on some recent revolving door horrorshows.

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William Hogeland: How John Adams and Thomas Paine Clashed Over Economic Equality

By William Hogeland, the author of the narrative histories Declaration and The Whiskey Rebellion and a collection of essays, Inventing American History who blogs at http://www.williamhogeland.com. Cross posted from New Deal 2.0

In “Common Sense,” Paine pushed for economic equality for ordinary Americans. Which made John Adams a bit queasy.

Here’s John Adams on Thomas Paine’s famous 1776 pamphlet “Common Sense“: “What a poor, ignorant, malicious, short-sighted, crapulous mass.” Then comes Paine on Adams: “John was not born for immortality.”

Paine and Adams may have been alone among the founders for having literary styles adequate to their mutual disregard.

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Guest Post: Violence, democratisation and civil liberties – The new Arab awakening in light of the experiences from the “third wave” of democratisation

By Matteo Cervellati, Piergiuseppe Fortunato, and Uwe Sunde. Cross posted from VoxEU.

The mass movement for democracy that has led to the exile of Ben Ali in Tunisia paved the way to a new awakening and raised many hopes in North Africa and the Middle East. This column reports on recent research on the historical experiences of countries that democratised during the “third wave”, to shed some light on the prospects for the future of the Arab region.

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Paul Jackson’s “Follow the Money” Shows Housing Wire Deep Financial Ties to Mortgage Market Bad Actors

David Dayen, in a pointed article titled, “The Corruption of the Financial Press: A Look at Housing Wire” documents how that mortgage “news” site has extensive business and financial connections with firms and individuals at the frontlines of dubious mortgage industry practices and has repeatedly gone to bat for its biggest advertiser even in the face of criminal investigations.

Housing Wire’s proprietor, Paul Jackson, made this inquiry fair game in a recent post, “Follow the money: Interpreting U.S. Bank v. Congress” in which he took aim at the Alabama attorneys who tried defending a client against what they contended was a wrongful foreclosure, using the untested strategy we had mentioned on this blog, the so-called New York trust theory. The court rejected the case on narrow grounds (the suit was fighting the ejectment, a stage after the foreclosure; any precedent on ejectment actions will have limited applicability in Alabama and none in other states). But Jackson went further than arguing the issues of the case or the importance of the decision. Based on no evidence, he denigrated the attorneys involved, claiming they must have big money backers (and we separately dispatched his spurious charges):

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Buzz Potamkin: Still Getting Away With Murder Manslaughter

By Buzz Potamkin, former studio executive and producer, in the biz for 40+ years, now a consultant

Today is the 100th Anniversary of the Triangle Shirtwaist Factory Fire.

Readers of this blog will notice a certain resemblance between Max Blanck and Isaac Harris, proprietors of the Triangle Waist Company, and today’s financial industry titans: serial fires (at least 4 previously, apparently at times with excess inventory, all conveniently insured), disregard for risk, blatant violation of governmental regulations and codes, use of corporate veils, aggressive legal representation, friendly “powers that be,” and continued unaltered conduct after the fact. Neither of them ever went to jail: both were beneficiaries of Judge Thomas C.T. Crain’s overly limiting jury charge in their trial for manslaughter in the death of 24-year old Margaret Schwartz, and both were cleared in the death of 23-year old Jacob Klein by Judge Samuel Seabury’s instructions to that jury to find for the defendants. (If you, humble reader, notice a certain pattern in judges named Crain and Seabury presiding in the cases of victims named Schwartz and Klein, let me not dissuade you.)

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