"(T)o say that the individual is culturally constituted has become a truism. . . . We assume, almost without question, that a self belongs to a specific cultural world much as it speaks a native language." James Clifford

Wednesday, May 30, 2012

India’s Business Environment: Beyond Corruption

In spite of expected growth of 6 or 7 percent for 2012, the economy of India was facing a pessimistic outlook at the time. The underlying cause seems to have been mismanagement by the federal government—in particular, by the ruling Congress Party. In actuality, the problem lies in the Indian business culture, and the society itself. As such, the problem is not so easily fixed as a change of government or policy.


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

Monday, May 21, 2012

Facebook’s IPO: Morgan Stanley’s Conflict of Interest

Morgan Stanley’s underwriting of Facebook’s IPO has been thought by some of the bank’s rivals to be incompetently managed.  According to the New York Times, “(r)ival bankers and big investors have complained that Morgan Stanley botched the I.P.O., setting the price too high and selling too many shares to the public.”[1] Interestingly, the incompetence is positively correlated with unethical policy decisions at the bank. Even as the bankers as underwriters were eager to sell lots of shares, they may have given some of their institutional customers—albeit only the most preferred, as per the bank’s other services—some privileged information. If this charge is true, the conflict of interest at the bank should be closely examined by Congress and any relevant regulators.


The full essay is at Institutional Conflicts of Interestavailable in print and as an ebook at Amazon.


1. Evelyn Rusli and Michael De La Merced, “Facebook I.P.O. Raises Regulatory Concerns,” The New York Times, May 22, 2012.

Sunday, May 20, 2012

The Huffington Post Gilds the Lily: Facebook’s IPO Plummets?

On the day of its IPO, Facebook issued at $38 and went to a high of $45 before returning to near its issue price (closing at $38.23). On the next trading day, the price fell to about $34 in the early afternoon. This represents about 10% off the issue price. The Huffington Post headlined “Stock Plummets,” which must have been irresistible to anyone who had bought the stock. The Huff was using the $45 high as its benchmark, from which the $34 price represents a 25% drop. As if that were a plummeting, using the 10% off figure would have made the self-aggrandizing headline too obvious. At the very least, the headline detracts from the credibility of the Huffington Post.


The full essay is at "Taking the Face Off Facebook."

Tuesday, May 15, 2012

A Conflict-of-Interest in Lobbying: The Case of JPMorgan

At the JP Morgan stockholder meeting on May 15, 2012, as the FBI was opening an investigation into the bank’s $2 (or $3 )billion loss on credit derivatives, Chair/CEO Jamie Dimon gave what the Huffington Post calls “a spirited defense of the bank’s efforts to lobby against stiffer financial regulation.” He argued that the bank’s interest is the same as the stockholders—namely, to make the financial system strong and sound. What he omitted was the part about the bank’s interest including its own profit, even if systemic risk of the system is increased as a result. In general, any business looks primary after its own interests, and only then to the general interests of the system.


The full essay is at "JPMorgan: An Unethical Monstrosity," available at Amazon. 

Saturday, May 5, 2012

Holding the Unfit Accountable vs. Murdoch’s Entitlement to Power

“A damning report [in late April 2012] on the hacking scandal at Rupert Murdoch’s British newspapers concluding that Mr. Murdoch is “not a fit person” to run a huge international company has convulsed Britain’s political and media worlds and threatened a core asset of Mr. Murdoch’s American-based News Corporation.”[1] The report also “found that three senior Murdoch executives misled Parliament in testimony” and “alleges that the company sought to cover up widespread phone hacking.”[2]


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


1. John F. Burns and Ravi Somaiya, “Panel in Hacking Case Finds Murdoch Unfit as News Titan,” The New York Times, May 1, 2012
2. Ibid.

Wednesday, May 2, 2012

Wealth: Benefitting and Distorting Society

One of the great political and economic challenges of our time is figuring out the balance between wealth that benefits society and wealth that distorts.”[1] In terms of benefitting society, invested (as distinct from donated) wealth can benefit consumers by enabling better and cheaper products. Economists estimate that for every dollar invested in productive enterprise, there is $5 of benefit to consumers.  Interestingly, this does not apply to money that is donated (rather than invested) to feed the poor (i.e., consumption rather than production).

In terms of distorting society, the study of “rent seeking” describes how “people or companies get rich because of their power, not because of their ideas.”[2] That is, “wealthy individuals and corporations are able to influence politicians and regulators to make seemingly insignificant changes to regulations that benefit themselves. In other words, to rig the game.”[3] Wealth can have a distorting effect not only on society, but also on the political and economic systems.  Contributing to the financial crisis, for example, “some of the [U.S.’s] largest banks actively manipulated customers and regulators and, sometimes, their own stockholders to profit from dangerous risk.” Moreover, for “many economists, rising inequality can create exactly the wrong outcomes for society over all. Rather than simply serving as an invitation for everybody to engage in potentially beneficial risk-taking, inequality can allow those with wealth to crush new ideas.”[4]

It is said that there will always be the rich and always be the poor. To some extent, economic inequality simply reflects the decisions people make—choices that reflect character, will-power, talent and aptitude. To reduce all of these to a uniformity would take a rather astonishing re-working of the human genome. Even so, it is also the case that the rich are able to exchange or use their economic power for political power and thus “rig the system” in their own favor—such that they can become even richer.

It seems to me that a society must recognize some economic inequality, given human nature and free-will. To take a simple example, some students will force themselves to study more while others will make the easier choice of going out for a beer. Most people would agree that the students who studied and got A’s should be wealthier. The economic inequality is justified by their greater sacrifice. Furthermore, if wealthy people are necessary for investment in productive enterprise to be possible or sufficient, then some economic inequality is justified because it serves society by benefitting consumers as well as the wealthy.

At the same time, society also has an interest in protecting the viability of itself, including its political and economic systems, from being distorted by the rich into serving them disproportionately. An upper limit on wealth is thus justified. The difficulty lies in determining where to draw the line. Just because there is no mathematical equation that will give “the” answer does not justify refusing to draw the line—treating economic liberty as having no upper limit. I suspect that this lapse is a salient part of American culture.


1.Adam Davidson, “The Purpose ofSpectacular Wealth, According to a Spectacularly Wealthy Guy,” The New York Times, May 1, 2012. 
2. Ibid.
3. Ibid.
4. Ibid.

Monday, April 30, 2012

Wal-Mart: Political Contributions as Bribery

In September 2005, “a senior Wal-Mart lawyer received an alarming e-mail from a former executive at the company’s largest foreign subsidiary, Wal-Mart de Mexico. In the e-mail and follow-up conversations, the former executive described how Wal-Mart de Mexico had orchestrated a campaign of bribery to win market dominance. In its rush to build stores, he said, the company had paid bribes to obtain permits in virtually every corner of the country. . . . Wal-Mart dispatched investigators to Mexico City, and within days they unearthed evidence of widespread bribery. They found a paper trail of hundreds of suspect payments totaling more than $24 million. They also found documents showing that Wal-Mart de Mexico’s top executives not only knew about the payments, but had taken steps to conceal them from Wal-Mart’s headquarters in Bentonville, Ark. In a confidential report to his superiors, Wal-Mart’s lead investigator, a former F.B.I. special agent, summed up their initial findings this way: ‘There is reasonable suspicion to believe that Mexican and USA laws have been violated.’”[1]

Critics protesting a new Wal-Mart store after the bribery scandal    John Moore/Getty


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


1. David Barstow, “Vast Mexico Bribery Case Hushed Up by Wal-Mart After Top-Level Struggle,” The New York Times, April 21, 2012.

Friday, April 27, 2012

Hollywood Bribes China

The Foreign Corrupt Practices Act, known as F.C.P.A., “forbids American companies from making illegal payments to government officials or others to ease the way for operations in foreign countries.”[1] The practical difficulty facing American companies doing business around the world is that in some cultures bribes are so ubiquitous they are simply a part of doing business.  For American companies to refuse to participate in what is generally expected can be a competitive disadvantage, particularly if substitutes exist and the practice is widespread.


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


1. Edward Wyatt, Michael Cieply, and Brooks Barnes, “S.E.C. Asks if Hollywood Paid Bribes in China,” The New York Times, April 25, 2012.

Saturday, April 14, 2012

Credit-Card Companies in a Conflict of Interest

On April 12, 2012, Hawaii sued Bank of America, Chase, Citi, Barclays, Capital One, Discover, HSBC, and their subsidiaries, “claiming that the banks ‘slammed’ Hawaii credit card customers, charging them for products customers didn't need and that the companies never provided.”[1] The Hawaiian government alleges that the banks used “‘predatory tactics to sign up customers for services they either don’t want or don't qualify for,’ and the companies charged their customers ‘without their knowledge or consent,’ according to a press release issued by the Hawaii attorney general's office.”[2] According to the Attorney General, David Louie, “You don't know that you're enrolling, but they say, 'Oh you just enrolled,' okay, and now they've put a charge on your credit card.”[3]  The banks’ telemarketing departments may have charged customers an average of $150 in the form of small charges.

The full essay is at Institutional Conflicts of Interestavailable in print and as an ebook at Amazon.


1. Bonnie Kavoussi, “Hawaii Sues Bank of America, Chase, Citi, Others For DeceptiveCredit Card Marketing,” The Huffington Post, April 13, 2012.
2. Ibid.
3. Ibid.

Friday, April 13, 2012

Using Corporate Position to Torture Whistle-Blowers

Jack B. Palmer made a quiet complaint through internal channels at Infosys, an outsourcing company based in India. He suspected some managers were committing visa fraud. His complaint leaked. As a result, investigators from the U.S. Government looked into “whether the company used workers from India for certain kinds of jobs here that were not allowed under their temporary visas, known as B-1.”[1]


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


1. Julia Preston, “Whistle-BlowerClaiming Visa Fraud Keeps His Job, but Not His Work,” The New York Times, April 13, 2012. 

Thursday, April 12, 2012

Justice as Fairness: Greece’s Bond-Holder Holdouts

In the wake of the agreement whereby private holders of Greek debt would swap the bonds and take a 75% loss, two or three percent of the private holders—namely, well-financed hedge funds including Aurelius Capital and Elliott Associates—were thought to be mulling over holding out for full pay-outs instead of agreeing to take the loss. Greece’s dilemma would have been to pay them in full in order to avoid a default and face the ire of the holders who took the losses, or risk default by invoking a collective bargaining law to force the holdouts to swap their bonds.


The full essay is in Essays on the E.U. Political Economy, available in print and as an ebook at Amazon.

Saturday, April 7, 2012

Tyco’s Kozlowski: Isolation or Work-Release?

L. Dennis Kozlowski, a former CEO of Tyco, was denied parole “due to concern for the public safety and welfare,” according to the New York Department of Corrections.[1] A parole board ruled that releasing him in 2012 would have the effect of minimizing his corporate crimes and affect public safety. The board concluded that early release would “not be compatible with the welfare of society at large, and would tend to deprecate the seriousness” of his offenses.[2] He was convicted in 2005 of looting nearly $600 million in bonuses and other payments from Tyco in the 1990s.

As much of a sentence of 8 to 25 years in prison may seem to befit such a case of greed and abuse of corporate position, that Kozlowski was transferred three months before the denial of parole to a minimum-security facility in Manhattan and approved in a work-release program suggests that the seriousness of his crimes did not translate into the punishment after all.

Although white-collar convicts should not be conflated with murderers and rapists, prison should not be conflated with a dorm for the corporate criminals. Put another way, the punishment ought to fit the crime (rather than another, or none). If the sentence includes prison, then prison it should be.

It is worth asking, however, whether prison is suitable for white-collar crime. Put another way, would the public safety really have been compromised had Kozlowski been released early? Does stealing $600 from a corporation without any threat of violence put anyone’s safety at risk? If not, then only enough security to keep the criminals in the prison facility should be necessary, as they are not dangerous. This does not mean an open door policy or giving the inmates permission to go out of the facility to work.

Having to confront oneself for hours without distraction in a cell for a sustained period of time—as if a kid sent to his or her room for hours as a punishment—may well be fitting to the white-collar crime. Furthermore, taking the criminal’s wealth and property and requiring work to repay any losses to others also seems fitting. These two elements ought to be applied successively rather than concurrently so each can have its full effect.


1. Chris Dolmetsch, “Former Tyco Chief Kozlowski Is Denied Parole in New York,” Bloomberg, April 5, 2012; Kevin McCoy, “Former Tyco Chief Told No on Parole,” USA Today, April 6, 2012.
2. Ibid.

Wednesday, March 28, 2012

The Federal Reserve’s Housing Bubble

During one of his lectures to a class at George Washington University in March of 2012, Ben Bernanke, the chairman of the Federal Reserve, claimed that the central bank’s lower interest rates did not trigger the housing bubble that began in the late 1990s and ended in 2006. For one thing, the Fed did not start cutting interest rates until a few years into the twenty-first century. Also, home prices rose after the Fed later began raising interest rates. Bernanke also cited Europe, where housing booms have not been associated with either tight or loose monetary policy.

                         Ben Bernanke lecturing at Washington University       European Pressphoto Agency


The full essay is at "Essays on the Financial Crisis".

Batting Better Than Goldman Sachs on Corporate Governance

Companies differ on how they handle personal and institutional conflicts of interest. This difference may reflect disagreement over whether a conflict of interest is inherently unethical, or whether one must be exploited for any conduct to be unethical. I take the former position: that to be in a conflict of interest is indeed inherently unethical. At the very least, being in a conflict of interest can trigger or spawn additional conflicts of interest. I point to Goldman Sachs’ response to an institutional stockholder’s corporate governance proposal as a case in point. That case can be contrasted with how the BATs board reacted in terms of corporate governance to bad public relations and a failed IPO.


The full essay is at Institutional Conflicts of Interestavailable in print and as an ebook at Amazon.

Batting Better Than Goldman Sachs on Corporate Governance

Companies differ on how they handle personal and institutional conflicts of interest. This difference may reflect disagreement over whether a conflict of interest is inherently unethical, or whether one must be exploited for any conduct to be unethical. I take the former position: that to be in a conflict of interest is indeed inherently unethical. At the very least, being in a conflict of interest can trigger or spawn additional conflicts of interest. I point to Goldman Sachs’ response to an institutional stockholder’s corporate governance proposal as a case in point. That case can be contrasted with how the BATs board reacted in terms of corporate governance to bad public relations and a failed IPO.


The full essay is at Institutional Conflicts of Interestavailable in print and as an ebook at Amazon.

Tuesday, March 27, 2012

Efficiency and Ethics: On the Fairness of High-Speed Trading

Two months into 2012, the SEC announced that it had been examining the trading activities of high-frequency trading firms.  According to the Wall Street Journal, the SEC was “examining, among other things, whether high-frequency firms benefit from delays in the dissemination of prices from various corners of the markets. . . . High-speed firms use direct feeds from exchanges that can give them a leg up on slower traders.” High-frequency traders “can access prices a split second faster through their access to direct feeds.” This is accomplished by placing the trading computers in the same data center that houses the exchange’s computer servers. Just over a year later, the Wall Street Journal reported that high-speed traders were using “a hidden facet” of the Chicago Mercantile Exchange’s computer system “to trade on the direction of the futures market before other investors get the same information.” Even getting the confirmation of a high-speed trade just one to ten milliseconds faster can enable a computer to know the direction a commodity is going and trade on it. According to the Wall Street Journal, the “ability to exploit such small time-gaps raises questions about transparency and fairness amid the computer-driven, rapid-fire trading that increasingly grips Wall Street and confounds regulators.” Both the increasing use of high-speed trading and the problem of accountability from a regulatory point of view raise the stakes in determining the ethics of the practice. 

Has the increasing role of high-speed trading rendered the individual investor a "second-class citizen" in the stock market?


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

Sunday, March 25, 2012

Cardiologists as Ethicists: On Cheney’s Heart Transplant

Former U.S. Vice President Dick Cheney had a heart transplant on March 24, 2012, "after five heart attacks over the past 25 years and countless medical procedures to keep him going. Cheney, 71, waited nearly two years for his new heart, the gift of an unknown donor.”[1] At the time, more than 3,100 Americans were on the states’ waiting list for a heart. Of the roughly 2,300 heart transplants performed in 2011, 332 were over sixty-five. On average, heart failure was killing 57,000 Americans a year at the time, so just a fraction of those who could use a heart get one. One might question, therefore, whether the 332 recipients who were over 65, and Cheney, who was 71, should have been allowed to avail themselves of the relatively short supply of available hearts.

 Dick Cheney was noticeably thinner after his 2010 heart attack

“The ethicists will get into this case.” Eric Topol, a cardiologist in California, wrote this line in reference to the question of age.[2] Specifically, should someone who could be expected to have ten years left take a heart that could otherwise allow someone else to live twenty or thirty more years?  Over 70% of heart-transplant recipients live at least five years. It could be argued that Cheney had been able to live 71 years so it is not fair for someone who is 50 or 60 to not be able to do likewise for lack of a transplant because someone Cheney’s age has it. On the other hand, Cheney could argue that because people were living into their 80s and even 90s, he could expect to do so as well. In other words, he could look at someone who is 81 and say, “it is not too much to ask to try to live that long.”

To be sure, my primary applications of ethical theory are in business, government, society, and religion. I do not have the background in biology and medicine to be an expert in medical ethics. So this essay can only be cursory. It is odd to me, therefore, when someone who has not even studied ethical theory wades in as a pseudo-ethicist. An undergraduate degree from a medical school (e.g., the M.D.) does not qualify a cardiologist as an ethicist.

Yet William Zoghbi, the incoming president of the American College of Cardiology at the time of Cheney’s transplant, said on that very day concerning Cheney’s age, “It is not too old. Age is really not a factor.” To be sure, he was referring to the medical condition of the patients. However, he went on to overreach, opining “I don’t see any ethical issues here,” given how weak Cheney’s heart had been.[3] Just because a non-ethicist does not think there are any ethical matters involved does not mean that this is so.

From my standpoint as a business ethicist, I believe an ethical issue is indeed involved in hospitals, as businesses, giving hearts to older applicants, especially if they are powerful or wealthy people who can “skip” in line by having a dedicated donor. More generally, using the utilitarian ethical theory of Bentham, it could be argued that giving hearts to older applicants violates the greatest good (in terms of pleasure) for the greatest number. Older recipients tend not to live quite as many years on a new heart, and they have already lived to be a ripe old age while someone with heart disease at 50 has not. Enabling as many people as possible to reach 71 would go a long way in terms of the greatest good for the greatest number.

Admittedly, I must qualify my conclusion due to my lack of medical knowledge. For instance, I do not know how the older recipients fare medically relative to younger ones. Ideally, a doctor of ethics who has an undergraduate degree from a medical school should be decisive here. For a cardiologist without any formal education in ethical theory to venture an ethical conclusion suggests a certain educational immaturity, if not arrogance. I doubt that William Zoghbi had even heard of Bentham’s utilitarian theory and yet the cardiologist presumes that no ethical issues are involved in Cheney’s case.

In a society in which the profession of medicine is valued a lot, people might enable medical practitioners to get away with such an over-reach with impunity. No doubt Dick Cheney really wanted to keep living. This natural urge—the life instinct—can easily succumb to a medical practitioner’s artificial desire to over-reach in terms of what is entitled by the undergraduate degree granted by medical schools.


1. Kasie Hunt, “Dick Cheney Heart Transplant: Former VicePresident Recovering After Undergoing Surgery,” The Huffington Post, March 24, 2012.
2. Ibid.
3. Ibid.

Tuesday, March 20, 2012

Fraudulent Foreclosures

Looking at foreclosures from 2008 to 2010 of federally-backed mortgages serviced by five major banks, federal investigators at the Department of Housing and Urban Development (HUD) found that bank managers “ignored widespread errors in the foreclosure process, in some cases instructing employees to adopt make-believe titles and speed documents through the system despite internal objections.” Generally, the banks engaged “in a pattern of unfair and deceptive practices.”[1] This finding contradicts the self-serving statements by managers at the banks that blamed low-level employees. The investigation found that the managers had actually been the active agents. That is, the shortcuts were in many cases formulated and directed by managers. The inspector general at HUD pointed to “simple greed” to explain how so many people could have participated in the misconduct.[2] Considering that millions of Americans were tossed out of their homes as a result, I would sociopathic indifference or even callousness to the mix. Additionally, the rush to sign documents may have undercut the banks’ own positions with respect to both the foreclosure process and the homeowners—adding incompetence to the mix.

                  Four million foreclosures in the US during the 2007-2011 period.      Spencer Platt/Getty


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


1. Nelson Schwartz and J.B. Silver-Greenberg, “Bank Officials Cited in Churn of Foreclosures,” The New York Times, March 13, 2012.
2. Ibid.

Wednesday, March 14, 2012

On Television’s Sunset: Thinking outside the Box

Sometimes I think the human mind is like a train in being limited to the tracks that have already been laid. We are habituated to think it sufficient that we can turn off the main line on to another at the next signal. We think this is change because it involves turning onto a different track, but is it really change if the train is still on track?

A while back, someone thinking outside the box suggested  to me that because many watches and clocks were already computerized as of 2012, we could have sunrise pegged at 7am and sunset at 7pm every day of the year. The number of seconds in a minute would be adjusted accordingly. During the winter, a minute during daylight would have less than sixty seconds and a minute at night would have more. During summer, it would be the reverse. The inventive mind behind this idea was trying to obviate the problems involved with when to go on and off daylight savings time. As it stood in 2012 in the United States, the two dates were not symmetrical with regard to the amount of daylight (going on daylight savings time during the second week in February would match the first week of November). Of course, there is nothing magical about 7, except perhaps in Judaism. Under the inventive scheme, the time of sunset could be extended even to 10pm during the summer (each minute during daylight would have less than sixty seconds), going back to 7pm during the fall, winter and early spring.

Besides the fact that time itself does not change, at least as experienced by us, one problem with “fixing” the times of sunrise and sunset as envisioned by the inventive mind is, as one critic said, “the power of television.” We are habituated to TV Guide, and thus would not want to see 60 Minutes scheduled for fifty minutes one week in one season and seventy-five in another season. Being of a certain length of time, a given television show would be scheduled for different durations, as per the number of seconds in a minute. “Television would never stand for that,” so said one detractor. Absolving myself of responsibility, I replied, “It was all his idea, not mine.” Even though I thought of the idea as a thought experiment having value in stretching the human mind beyond the existing tracks, it occurred to me that the assumption that television has too much power is too narrow. The thought experiment can have value in getting us off the tracks (rather than off track) of our usual way of circumscribed thinking.

 Larry King, formerly of CNN, embraced online programming.      CNN

On March 12, 2012, Ora.tv was announced. Financed by Mexican billionaire Carlos Slim Helú and co-founded by Larry King of New York, the planned internet television network “will have a slate of television shows of varying lengths and will stream them via the Internet to computers, phones, and television sets . . . by bypassing traditional television distribution systems."[1] Viewable on laptops, ipods, ipads, and smartphones, “television” shows could bypass the overpriced cable systems.

Even without Ora.tv, TV Guide was being relegated by the existence of video on demand, available on a laptop, ipad, or phone. Beyond video on demand, Ora.tv could only have an “irregular” schedule, given the differing lengths of the various programs. Having programs taped at varying lengths, it would not matter how long they run in real time even if there is a schedule (i.e., were the number of seconds in a minute changed so sunset would occur at 7pm year-round). So much for the power of television.

As early as 2010, people had told me they had disconnected their cable and were using their television screens to watch movies on DVD from Netflix or an already-antiquated video store. Television programs, like that which Larry King had on CNN and was planning for Ora.tv in 2012, do not benefit from a big screen as much as does a film like Avatar or Titanic. Hence Larry decided to discontinue his series of specials at CNN so he could turn to the internet venture that he had co-founded. Regarding his decision to depart CNN, King said, “When the train gets to the last station, you know to get off.”

What if technological change itself can outstrip even going onto another existing track? What if we have reached the last station with tracks? Might the human mind be able to travel trackless? Absent a way to rid Earth of its tilt, we are stuck with changing lengths of daylight. I mention proposal as a thought experiment to show how unnecessarily limited our way of thinking typically is (e.g., “television would never allow it.”). The context or paradigm itself can be thought of as variable in nature, rather than static. The human mind can indeed think up changes within a paradigm while simultaneously shifting the paradigm itself. We need not think only in terms of whether to shift the track ahead. Remember the train in one of the Back to the Future films taking off from the track? The human mind can do likewise, if we do not hold ourselves back out of sheer habit. We have only ourselves to blame if we don’t start thinking outside the box, or over yonder from the rusty tracks. It might be that the twenty-first century will be known as the century when weeds started growing through the tracks. We have only ourselves holding us back from getting off track.

1. Brian Stelter, “New Internet TV Network to Feature Larry King,” The New York Times, March 12, 2012.

Tuesday, March 13, 2012

Justice as Fairness: Writing Down Greek Debt

In 2012, 80% of Greece’s private creditors agreed to “voluntarily” convert their Greek debt into debt of a bit less than half the face-value (plus a lower interest rate). With such a proportion having agreed to the swap without triggering credit default swap insurance payouts, Greece could get the E.U. to agree to force the remaining 20% to involuntary write-downs. That would trigger the credit default swaps, at least in theory.

Because any write down of Greek debt by other E.U. states or the E.U.’s central bank (equivalent to the Federal Reserve) would be tantamount to additional aid to Greece, the E.U.’s basic law would again need to be amended (which must be unanimous). So the E.U. (and the international IMF) exempted themselves even as they pushed for “voluntary” write downs by private debt-holders. This hardly seems fair. Moreover, any pressure from the E.U. could have been sufficient for the credit default swaps to be triggered. To be truly voluntary, the write downs would have to have come from the private bondholders themselves rather than from governmental pressure. Even so, that 80% agreed, it is only fair that the remaining 20% be forced to capitulate. Otherwise, holding out could be a strategic competitive advantage financially. Refusing to compromise while other similar parties do is unfair whether between private creditors or governments.

In my view, Greece should have secured the E.U.’s approval on instituting the collective bargaining statute in order to get all of the state’s private holders of Greek bonds to take a write down. It would have triggered the credit default swap insurance claims, so the bondholders might actually have preferred being forced even if more of their Greek debt was written off. Furthermore, E.U. officials should have subjected the E.U. states to join the private bondholders. At the time of the 80% voluntary agreement in 2012, Greek debt in 2020 was forecasted to be at 120% of Greece’s total economic activity.[1] This is still quite high, particularly given the recessionary impact of the continued Greek austerity. Unfortunately, the (excessive) power of state officials at the E.U. level meant that a conflict of interest interfered with amending the E.U.’s basic law to permit the state governments and the ECB to take write downs.

In terms of ethical theory, one could apply John Rawls’ Theory of Justice here. In this theory, there is a veil of ignorance concerning where one will be in the system for which one is making rules. Not knowing whether one would represent a government or private bondholder, for example, one would not be likely to add the rule in which only the private bondholders write off their Greek bonds. Not knowing which E.U. state one would represent, one would not add a rule favoring Germany and France over Greece. Not knowing whether one is an official of the E.U. Commission or a member of a state legislature such as the Bundestag, one would not make a rule allowing the states to protect their interests at the expense of the E.U. Rawls adds that because of the veil, any rule would see to it that the position of the least well situated is improved. So it would not be the case that Germany could dictate to the E.U. or so successfully protect German interests at the expense of Greece. Indeed, the bias would be in seeing that the people least well off in the least well off state are not further downtrodden as a result of any proposed rule. This might be part of Rawls penchant for redistribution, however. At the very least, we could say that the rules enacted under justice as fairness would be in the interest of the system itself rather than any particular part thereof. In terms of the writing down of Greek debt, the E.U. could have been fairer in how it went about designing its rules. There was not exactly a veil of ignorance on the vested interests that were in a position to protect themselves at Greece’s expense.

1. Charles Forelle, Stelios Bouras, and Alkman Granitsas, “Greece Passes Key Debt Test,” The Wall Street Journal, March 9, 2012.

Sunday, March 4, 2012

Corporate Social Responsibility Countering Rush Limbaugh

On February 29, 2012—Leap Day—Radio political-commentator and entertainer Rush Limbaugh called a female law student at Georgetown a “slut” and “prostitute” simply because she had said that Georgetown’s student health insurance should cover birth-control—a staple for even 98% of sexually-active married and single Catholic women as of 2012. On the following day, Limbaugh went on to offer to pay for aspirin that the women at Georgetown could “put between their knees” in lieu of birth-control. If you are wondering how that even makes sense, I am with you on that one. What strikes me in particular is the extreme to which Limbaugh went in his rhetoric or appeal for a larger audience for his radio show (and attention on himself). That corporate social responsibility would function as the corrective also surprised me, for CSR is typically merely marketing, window-dressing, or for better public relations.

By 2012, birth-control was a taken-for-granted staple in Western civilization. For one person or a group of well-placed individuals to suddenly decide for us all that the default had suddenly become toxic such that it was open season on anyone who merely confirms support for a common practice evinces the sort of power-grab that goes well beyond reason or justification. In other words, it is one thing to challenge the status quo—I do so all the time; it is quite another thing to viciously attack a person personally simply because she advocates something that is typically accepted in society. Limbaugh’s ascription of sordid and lascivious qualities to the law student was utterly unfounded, and yet for days he refused to back down—until his show’s advertisers became to pull out in droves. From the standpoint of the advertisers pulling out, the action represents corporate social responsibility in a civic sense.

David Friend, who runs the online backup company Carbonite, issued a statement on his company's website saying that Carbonite would no longer advertise with Limbaugh despite the host's rare admission of regret. From the website: “No one with daughters the age of Sandra Fluke, and I have two, could possibly abide the insult and abuse heaped upon this courageous and well-intentioned young lady. Mr. Limbaugh, with his highly personal attacks on Miss Fluke, overstepped any reasonable bounds of decency. Even though Mr. Limbaugh has now issued an apology, we have nonetheless decided to withdraw our advertising from his show. We hope that our action, along with the other advertisers who have already withdrawn their ads, will ultimately contribute to a more civilized public discourse.”[1]

It is in ultimately in contributing to a more civil public discourse that David Friend has drawn on his own experience (i.e., having two daughters) in applying corporate social responsibility at potentially financial cost for a civic purpose. The influence of personal experience goes against Max Weber’s theory of bureaucracy wherein the particular incumbent of an office does not matter as well as the corporate duty of fiduciary duty wherein a management acts only in the financial interest of the stockholders. In the case of Carbonite, Friend might have been the owner (or he might have surveyed the owners). Lest it be presumed unobjectionable that Friend could direct his company in terms of his personal experience (i.e., having two daughters) even if some of his employees receive less in compensation due to the loss of advertising, the director of a Catholic hospital could employ similar reasoning to refuse covering contraceptives for employees because of a personal moral (or religious) belief. Friend might have been on firmer ground in confining his objection against Limbaugh to the civic rationale (i.e., Limbaugh had abused his license to the public airwaves). Such a rationale is similar to that which claims that society should not permit employers to impose their personal beliefs on employees.

In other words, both Limbaugh and the employers who presume to impose their personal moralities or beliefs as binding on employees have violated the social contract by overreaching. The overreaching itself can be construed as involving aggression, rather active (Limbaugh) or passive (employers). Ultimately, the sin of self-idolatrous pride undergirds both. As Limbaugh was excoriating the Georgetown student, I was struck by how difficult it would be to provide any sort of accountability on Limbaugh for his invective hyperbole. Reading of corporate social responsibility swooping in to provide some check is impressive even if it raises the issue of how much influence the personal beliefs of an employer should have in the conduct of his or her job. I suppose what goes around comes around.

Even so, one hopes as Hegel did for some progression through human history, even if only in a progressively freeing-up of spirit. Lest this be thought to be a simple matter, it should be noted that the freedom of Limbaugh and the employers, including Friend and Georgetown, are also in the mix, as is that of the law students. If only freedom could be maximized for all of them at once; the best we can do otherwise is perhaps to see that harm is minimized. Yet even here, some would argue that there is harm in keeping a sperm from an egg and that such harm outweighs the freedom of people to use birth control. Such harm seems rather exaggerated because nothing existing is destroyed by forestalling a possibility, whereas the harm to Sandra Fluke from Limbaugh’s invective would have been minimized had it not been for corporate social responsibility. If only more businesses would invoke CSR apart from financial considerations.


1. “LimbaughAdvertiser: We Still Won’t Sponsor Rush Anymore,” The Huffington Post, March 3, 2012.

Sunday, February 26, 2012

Moral Hazard in Mortgages

“The cherished American ideal of self-reliance has a flip side”[1]  Before getting to the implications, or flip side, I want to fill out what informs this ideal. One could add to it the ideological stance that came into its own in 1980 with the election of Ronald Reagan, who declared that government is the problem. This implies that government should be minimized, and otherwise corrected as much as possible. Government is hardly to be viewed as the solution. This is the legacy of the Kennedy assassinations of the 1960s, the Vietnam War, and Watergate as well as Ford’s pathetic “WIN” buttons and Carter’s micromanagement and failure in regard to the hostages in Iran. I was not old enough for the Kennedys’ truncated optimism (and that of Martin Luther King) to resonate; I knew the political (and economic) pessimism of the 1970s and the energizing “fix it” mentality of the early 1980s. Of course, Reagan’s “new federalism” failed, as did his aim to balance the federal budget, and the jury is still out on whether “peace through strength” pushed the USSR off the cliff.

Reagan is perhaps best known to historians and political theorists for having formally shifted the political paradigm’s default to “government is the problem” after at least a decade of political and economic paralysis. Dovetailing with the American ideal of self-reliance, the default on government was still a headwind for Barak Obama as he found he had to capitulate even on a “public option” for health insurance—relying instead on the same private insurers who had been excluding pre-existing conditions and otherwise cancelling policies at the advent of a new illness. In other words, that the health-insurance lobby could still call the shots at the White House suggests the continuance of the headwind running against government. Relatedly, in the 1990s Bill Clinton had to give up on his vision of using government for grand purposes because the American people were “not there.” Clinton found in the presidency instead a plethora of smaller accomplishments, such as adding to local police forces and otherwise acting as the mayor of an empire as if it took a village. He had figured out how to avoid the headwinds.

With this background in mind, we can now get to the matter of the implications of self-reliance and “government is the problem” as regards moral hazard. In economic terms, it refers to “the undue risks that people are apt to take if they don’t have to bear the consequences. In other words, if the money is free, why not spend it on a designer purse?”[2] Because of moral hazard, backed up by the ideal of self-reliance and the default of “government is the problem,” there is significant discomfort with the idea of bailouts and safety nets in American society. The notion that even a small portion of aid even to homeowners who are “under water” (i.e., they own more on their mortgages than their houses are now worth in terms of equity on the market) might find its way to the undeserving (or cheats) “can be enough to scuttle support, or restrict help so drastically that few can use it.” Adding to this sentiment, typically by vested interests, is the sanctity of contract dogma. This means that a mortgage borrower is obligated to pay whatever he or she had agreed to pay regardless of changed circumstances either of the borrower or the housing market.

Bankers “say that generously easing loan terms or reducing mortgages outright would only encourage homeowners who can pay to pretend they can’t. It would also, the bankers say, send a dangerous message: a financial commitment isn’t really a commitment.”[3] Additionally, homeowners “who keep paying their mortgages, even if their homes have lost value, reasonably wonder why neighbors who weren’t as responsible are getting help.”[4] Behind both of these concerns is resentment that someone else might get something too easily (i.e., beyond that which is deserved and what one can get oneself). It is not a very laudable mentality, psychologically and ethically. In other words, it is rather small. Even worse, bankers who themselves received bonuses paid for in part from bailouts were keeping borrowers from also being bailed out. It is as if the financial crisis of 2008 hit only one side of the ledger.

Shaun Donovan, the secretary of the Department of Housing and Urban Development, said that although there is was a “nugget of truth” to the moral hazard argument, “only about 10 or 15 percent of Americans who can still pay their mortgages try to walk away from their debt. Most troubled homeowners, like the Katrina victims, are genuinely hard up.”[5] Accordingly, the bank bailout should have been oriented to them. Had it been, the banks’ balance sheets would not have been toxic and “two birds” would have been “killed” with “one stone.”

The “specter of moral hazard haunts a basic tension in American life: to what extent are people responsible for their own problems? The more trouble you’re in, moral hazard suggests, the less we should help.”[6] This relationship is the inverse of what it should be. That is, moral hazard should not apply as if survival itself were conditional. I am perhaps as innately American as they come, being born and raised in the Midwest, or “heartland of America.” Even so, when I hear politicians or others refer to others’ survival as somehow conditional (typically as based on a work history), I sense that the ideological belief is distinctly American. I revolt at the sheer self-centeredness of the people expressing the view and I reject the validity of the claim itself. For a society in which survival is deemed to be inherently conditional (as defined by people whose survival is not an issue) is no society at all. Put another way, if we all knew in the back of our heads that were we to fall on hard times and not be able to provide for our own shelter and food without taking them from others (i.e., remaining in society), life for all of us would be a little lighter and less existentially anxious. This is not to say that everyone has a right to a t-bone steak once a week or a mansion. The moral hazard argument conflates these with sustenance needs.

If a person is seriously under water, the sheer depth naturally dwarfs any consideration of culpability. If someone is barely breathing or starving, a natural sentiment of sympathy orients others to the question of how the plight may be quickly assuaged. I submit that the bailed out banker actively resisting any assistance for homeowners near foreclosure has a rather unnatural “hardness of heart,” or hardness more generally. To make aid conditional where basic necessities like shelter, food and medical care hang in the balance is to apply moral hazard beyond its ken. This overreach operates at the expense of human rights.

Essentially, applying moral hazard conditionality where survival itself is at issue for others is to presume a godlike position for oneself. In other words, the propensity to judge others’ extent of deservingness is premised on self-idolatrous pride. Given the nature of self-idolatry, it is no surprise that bankers who have benefited themselves (as well as their banks) would apply moral hazard to their counterparties but not to themselves. The conditionality does not apply to those bankers, whose lobby—which Sen. Durbin said owns Congress—makes sure of it. The resulting asymmetry can be interpreted as a reflection of the bias in the “self-reliance” and “government is the problem” default—a game-board that is tilted toward the rich because they can afford to be self-reliant and scoff at government as part of any solution to societal ills.

Ideally, a social contract, and thus a society, should be in balance, with basic human rights being beyond the reach of the inevitable swings in the political-ideological pendulum (i.e., the headwinds). Where the latter are definitive (and exclusive), sustenance needs, being an inherent human right, become valid outside of societal limits. In other words, where moral hazard is applied to basic shelter and food needs, people needing them have the inalienable human right to take them without regard to societal rules bearing on them. Even in political theory, possession of property is salient. Thomas Hobbes refers to the right of self-preservation as going beyond any law. Is extending moral hazard to cover necessities worth making society (and its laws) conditional?

1. Shaila Dewan, “Moral Hazard: A Tempest-Tossed Idea,” The New York Times, February 26, 2012. 
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.
6. Ibid.

Tuesday, February 21, 2012

E.U. Presses Italy to Tax Church Businesses

One of the chief benefits of federalism is the ability of one system of government to check another within the overall federal system. In the European Union, the state governments have so much power at the federal level—in the E.U. institutions—that it is difficult for the E.U. Government to check excesses and abuses in the state governments. E.U. law, regulation and directives rely on the state governments, albeit to varying extents. In the United States, the case is the reverse. The U.S. Government holds so many of the cards that the state governments cannot act to check abuses in the federal government. Actually, for all of the power that the U.S. Government has amassed, it does a horrible job in aiding citizens against abuses in their own state governments. Fortunately, we can look to Europe for a bright spot: the E.U. Commission and Italy, á grace de Mario Monti who is both governor of the state of Italy and a former commissioner in the E.U. Commission (the E.U.’s executive branch).


The full essay is at "Essays on the E.U. Political Economy," available at Amazon.

Thursday, February 16, 2012

Sanctity of Contract Breached on Mortgages

An audit in 2012 by San Francisco county officials of about 400 foreclosures “determined that almost all involved either legal violations or suspicious documentation. . . .  The improprieties range from the basic — a failure to warn borrowers that they were in default on their loans as required by law — to the arcane. For example, transfers of many loans in the foreclosure files were made by entities that had no right to assign them and institutions took back properties in auctions even though they had not proved ownership. . . . About 84 percent of the files contained what appear to be clear violations of law, it said, and fully two-thirds had at least four violations or irregularities.”[1] The problem seems to be systemic, suggesting that judges should be able to modify mortgages on the basis of nullified contract.


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


1. Gretchen Morgenson, “Audit Uncovers Extensive Flaws in Foreclosures,” The New York Times, February 16, 2012.


Wednesday, February 15, 2012

The Profitable Aristocracy: On the Conditionality of the Managerial Elite

Downton Abbey, a television series that began in 2011 on PBS’s Masterpiece Classics, depicts through narrative life in a British manor beginning with the sinking of the Titanic in 1912. For European viewers and more generally for the rest of us, the program proffers a glimpse of the world a century back. The advent of the telephone and phonograph seem to pierce through the manor’s socio-economic hierarchy that had undoubtedly been in place for centuries. It is the sheer social distance between the servants, almost regardless of their particular rank within their hierarchy, and the nobility in the house that is so striking to me. Moreover, the “Your Lordship” and “Your Ladyship” are not contingent on the manor’s owner employing or even paying the servants.


Lady Mary between the man she was to marry and the man she loves. (Carnival/Masterpiece)

In other words, nobility is by birth and is therefore not contingent on any financial arrangement. Indeed, after being fired, servants at Downton continue to address their former employers by their respective noble titles. This can easily be distinguished from the business or commercial culture wherein respectful demeanor is typically contingent on being paid. A worker who is fired is apt to quickly drop the former air of respect—even turning downright disrespectful. Even a longstanding regular customer can find the respectful demeanor of a waiter or front desk clerk quickly turned into something else entirely if a tip is not judged to be sufficient or there is a dispute on a reservation or room charge.

An acquaintance of mine who is from India was staying at a Staybridge for a number of months on business. As per the hotel’s policy, any of the long-term “guests” could invite friends or co-workers to the weekday late-afternoon receptions at the hotel. He invited me to a few of the receptions. Arriving before him on one occasion, I was stunned at the rude conduct directed at me by the front desk employee and another employee who was helping with the reception. It was ironic that they referred to their paying customers as “guests” yet could not have been of lower class in how they treated a real guest. The man helping at the reception ignored me and the front desk employee stood behind me bragging about how she had just thrown out a “non-guest.” When my friend arrived, I had to inform him that I would not be able to join him at the reception. He too was shocked at the employees’ behavior. “I live here!” he said still astonished.

From my own experience, Days Inn is far worse with respect to a low-class approach to management.  In reading reviews by customers, the lack of accountability at Days Inn is truly astounding. In Downton Abbey, Granny remarks that once the little people get a taste of power, it goes to their heads like strong drink. Hearing this line, I was reminded of when I made a noise complaint while at a Days Inn. Actually I made one early one morning, then another a night later because the noise above had gotten worse. The front desk employee refused to act on both occasions, so I phoned the police the second time. Even that did not end the noise, which lasted until 6am. From what the Days Inn centralized customer service dept representative later told me, the manager had retaliated against me by reporting to that dept "several altercations with front desk staff including profanity." Days Inn itself refused to come down on the local manager as the hotel was a franchise (they could have demanded a video recording as proof of the alleged altercations). As it was, I was left with the impression that the corporate office was impotent while the manager was utterly corrupt and beyond virtually any accountability. I was stunned that insult could be so easily added to injury as a manager was allowed to turn on a customer in the wake of his own failure. In the context of Downton Abbey, the manager  had completely lost touch with the fact that even as a manager he was a servant, rather than nobility. Management, in other words, is not of nobility. We allow managers to presume far too much, and all too often they get away with it because of their power in their respective organizations.

My point is that the “nobility” in a commercial society is utterly fake, as shown through the extent of conditionality. Customers and employers doubtless regard the perfunctory manners of managers as fake—i.e., as something we are expected to pretend is authentic rather than contrived simply to get something. Social respect in a non-noble, commercial society is simply a means of manipulation fueled by greed.

In watching Downton Abbey, I had the sense that “Your Lordship” and “Lady Mary” are expressions from a felt obligation that does not depend on getting anything in return because the nobility are due it regardless of any monetary transaction. In America at least, where such a thing does not exist, viewing nobility in another time and place makes the contrived nature of social respect in the American commercial society all the more apparent. Far too much in terms of behavior is assumed to legitimately be conditioned on money.

In fact, the American aristocracy could be said to be Wall Street, with lower “counts” being the professional caste (lawyers, CPAs, physicians), while the aristocracies of clerics and scholars operate without the requisite currency and thus must appeal to another place and time. The clerics and scholars have more in common with the nobility than with rich CEOs and professionals, whose basis is utterly contingent (i.e., being wealthy). In other words, the motives in how the respective aristocracies are addressed differ. Respect for a cleric or scholar is rooted in obligation, whereas respect for a business executive or a profession is based on the commercial element (i.e., wealth being valued, as well as self-interest).

It is no accident that clerics and scholars are not highly valued in American society—its values being so commercial in nature. Typically an executive or lawyer will dismiss a cleric or scholar for not being “in the real world.” Indeed, some “professionals” even presume that their undergraduate degree in a professional school makes them scholars, or able to evaluate scholars. Barak Obama, for example, has been characterized as a “legal scholar” simply because he taught in a law school as an instructor with one degree in law. I have read plenty of law journal essays written by people having earned a degree in law. Let’s just say the writing reflects the undergraduate degree. In Europe, by the way, a law professor must have the doctorate in law (JSD).

In some ways, having a doctorate (i.e., nobility in academia) is like being an earl or count because the title does not depend on the size of a bank account or any commercial transaction. After having been hooded, a doctor (this is not properly a medical designation) is forever designated as such, meaning unconditionally. The same applies to a member of the European aristocracy. Also, that aristocracy prides itself on its good manners, while I have wondered if a lot of education renders one more refined as well. Perhaps it is simply a function of being socialized for so long at university. Particular at good or excellent seats of learning, the context does not exactly reflect society as a whole.

I contend that an educated refined demeanor is superior to the conditionality of commercial relationships. It is no surprise, therefore, that the educated aristocracy is so slighted by the American society at large—including the moneyed “aristocracy,” which after all has a vested interest in doing so. As if to circumvent the true scholars, the “aristocracy” of professionals even sought to portray its undergraduate degrees as if they were doctorates, and thus among the scholarly nobility too. Nice try. Such games put the nobility as depicted at Downton Abbey at quite a distance.

The over-reaching and conditionality—both of which are indicative of low class—may have been made possible because hereditary nobility had been eliminated long ago in the U.S. In other words, American society is reductionist in terms of its notions of aristocracy—reducing it to being a function of money. How could anything truly noble be so conditional? Moreover, how could it be so low class and still be aristocratic? Our nobles must be pretenders. Might our forefathers have left us vulnerable to such hypertrophy (i.e., the over-extension of one part) by extirpating nobility? Is there nothing whatsoever to distinguish “well, he wasn’t raised right” from “he came from a good family”? A person of the latter rightfully recoils at the presence of a person of the former who is being rude “without a clue.” What of this natural hierarchy, or aristocracy? Surely it is not conditioned on a monetary transaction. A suddenly rude front desk employee “was not raised right,” I would wager. An innate sense of “with power comes responsibility” over “it’s the customer’s responsibility” is missing from America’s commercial aristocracy and its epigones (i.e., formerly servants now as managers).

In other words, Americans allow servants to over-reach in claiming authority on the basis of running something. The managers of Downton Abbey were classified as among the servants, rather than as among the nobility of the house. Yet the modern manager is seldom viewed as a servant—especially by the employees. “Labor/Management” is itself within the servant hierarchy. As much as I disapprove of a hereditary basis for any social privilege because it is unearned (although acting on a noble obligation of service over years could make it so, as illustrated by Queen Elizabeth II), I find the commercial variety even more distasteful and certainly not noble. In fact, I look at the conditionality based on commerce as rather low class. Its own lack of respect for clerical or scholarly nobility simply confirms my judgment. Conditioning one’s attitude on money is unquestionably banal. Even so, because we have nothing to compare our “aristocracy” too, it is virtually unquestioned in American society. We view the CEO as a noble rather than as being at the top of the servants’ hierarchy simply because the CEO is wealthy.

In fact, basing so much social value on money can even been seen in how the American “safety net” for the poorest of the poor is nevertheless all too contingent on job history. From the American sense of nobility, survival itself is presumed rightly conditioned on having participated in the commercial life of the society. The human rights to food, shelter, medical care, medicine, and even survival itself have been inherently conditional throughout American history. Perhaps having a non-conditional aristocracy would ironically have implied a non-conditional basic human right.