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Jared Bernstein: Gas Notes

April 2, 2012

Been meaning to get back to gas prices a bit, just based on a few recent articles and adventures in cable land. First, there’s this Adam Davidson piece in the NYT magazine this weekend on how high prices at the pump don’t seem to be changing people’s behavior much, because, he suspects, the average household spends only 5% of its income on gas. I’m not so sure. First, that’s an average. Low-income families spend twice that share (see figure here ). Second, while economists have always suspected a pretty inelastic response to gas prices, in this downturn, there’s certainly been a lot less driving going on–see the remarkable break in trend at the end of the series in the last figure here (this started before the recent spike and is thus more a response to the recession and income loss than higher gas prices). There’s also been a shift to higher mileage vehicles. Finally, any article about family budgets and gas prices right now should not omit the ongoing payroll tax holiday. As I’ve written before , that’s really the only thing politicians can do in this case–i.e., they can’t affect the price, but they can give a temporary boost to after-tax income to offset it. There’s only one thing a president and Congress can do to offset this price spike and they’ve already done it: raise people’s after-tax income. The payroll tax holiday that the President pushed for and Congress recently extended should put about $120 billion extra in paychecks this year. Every penny increase at the pump translates into about a $1 billion expense for consumers. Since its most recent low, the national average is up about 55 cents, or about half the aggregate of the payroll cut (annualized) so far. So, if these rules of thumb are about right, the government is actually in the process of doing about the only thing it can to help people cope with the current price spike. Everything else is just noise. Speaking of noise, the blame-the-President-for-high-gas-prices nonsense seems to have died down a bit, except for on cable TV (more on that in a moment). I saw a poll–and I’ve seen this result a number of times–that had a majority of respondents answering “no” to “do you think the president controls the price of gas?” and yet also had a majority answering “yes” to “do you blame him for high gas prices?” So, we suffer some cognitive dissonance of the issue. Re public opinion, I found this interesting: I was driving around with a bunch of kids this weekend and they noticed that gas here in northern VA just broke $4 a gallon. I mentioned that some people blame the President for the price spike. The younger kids–around 10–just couldn’t make any sense out of that. I tried to explain but they just didn’t get it. To them it was like accusing the President of not being able to fly; like good economists they essentially argued that he can no more set the price of gas than the price of the movie we just saw ( Mirror-Mirror with Julia Roberts–she’s great in it, the kids loved the movie–I thought it dragged). The older kids -12-13–agreed with the economics but recognized that, as one precocious kid put it, “that’s just a talking point.” So, somewhere between 10 and 12, kids go from simple economics to political economics. Next, I hear a lot of excitement about drilling and fracking for natural gas. And it’s true–all that extraction has been increasing the supply and lowering the price of this energy source relative to oil. But people forget this important fact: for every $10 of energy we consume, $9 goes to oil-based products (see figure). We just don’t have the infrastructure in place yet to take advantage of this price difference, so you won’t see this show up at the pump much either. Finally, there’s a meme on cable among conservative talking heads that got a test last week. I’ve asked them “exactly what do you think the President could do?” beyond the pretty aggressive extraction he’s already presiding over (described here ). One answer I’ve gotten back: he just needs to talk about his support for building out the logistics infrastructure, i.e., the pipelines that move oil around the country. That, I was told explicitly, would move the price right away. Well, on Thursday (3/22), President Obama visited Cushing, Oklahoma, a bottleneck point in our national pipeline infrastructure between North Dakota and the refineries in the Gulf. He stated that he is “directing my administration to cut through the red tape, break through the bureaucratic hurdles and make this project [building out part of the Keystone pipeline from Cushing to the Gulf] a priority, to go ahead and get it done.” So, what happen at the pump? Nothing. The figure below shows daily average prices with a line on the day of the speech. Bernanke can say stuff that moves interest rates. Prominent market types can move stock prices. World events can move oil prices. But Presidents simply can’t move gas prices. Yes, I know…evidence isn’t relevant here. In fact, any 12-year old knows that. It’s the grownups that get confused. Source: Gasbuddy.com

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Jerry Jasinowski: Manufacturing Is Different

April 2, 2012

” Do Manufacturers Need Special Treatment ,” was the headline of a commentary by Christina D. Romer, who chaired President Obama’s Council of Economic Advisors, in the New York Times earlier this year. An economist, Romer made it clear she regarded manufacturing as just another sector of the economy. “American consumers value health care and haircuts as much as washing machines and hair dryers,” she wrote. “And our earnings from exporting architectural plans for a building in Shanghai are as real as those from exporting cars to Canada.” That myopic view is all too common among economists. I surmise this is what comes from getting lost in data on spreadsheets, and losing contact with the real world. But I too am an economist and I am here to testify that Romer’s interpretation of the data simply does not reflect reality. Manufacturing is different from other sectors in three key ways: First, manufacturing is where real wealth is created. Manufacturers take raw materials from the earth, apply copious amounts of energy, mix in creative human genius, and voila, out comes the myriad of wonderful products and technologies that enhance human life. Second, manufacturing has an extraordinary “spillover effect” supporting more peripheral jobs than any other sector. This is why the states compete so vigorously to attract new manufacturing plants. And third, manufacturing is where technology is put into practice through innovation. A brilliant idea and $5 will get you a cup of coffee at Starbucks. It is the manufacturing shop floor where the potential of creative ideas is proved or disproved. Manufacturing accounts for 70 percent of private sector R&D and 90 percent of patents. For more than a decade we have stood by while foreign competitors employing predatory trade practices have absconded with major portions of our manufacturing base. The persistent weakness in our economy today, and especially the stubbornly high unemployment, is the result. The time has come to recognize this challenge and rise to meet it. There is a reason our competitors are so committed to manufacturing — they recognize that manufacturing is the foundation of a modern nation’s economy. “The world power that loses its manufacturing base,” said Akio Morita, founder of Sony, “will cease to be a world power.” The good news is that Romer has returned to academia. President Obama and his Assistant for Economic Policy Gene Sperling are highlighting the importance of manufacturing to the country, as is the presumptive Republican nominee Mitt Romney. According to political consultant Mark Mellman, there is overwhelming public support for a national manufacturing strategy focused on bringing jobs back from overseas, retraining U.S. workers, and enforcing fair trade rules. The American people fully understand the importance of manufacturing to the country, even if many economists do not. Change is coming. Jerry Jasinowski, an economist and author, serve d as President of the National Association of Manufacturers for 14 years and later The Manufacturing Institute. Jerry is available for speaking engagements.

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Raymond J. Learsy: Shell Supports Iran’s Murderous Mullahs. Should We Be Supporting Shell?

April 2, 2012

The callous greed in the oil patch seems to know no limits. Here we have a company, Royal Dutch Shell, bursting with earnings, at the apogee of its yearly returns, going after the last dollar or Euro to make things fatter still. This to the cold dismissal of the brave Iranians who rose en-masse in 2009 to rally for free elections only to be put down brutally by the Mullah’s goon squads financed in large measure by the plenitude of oil revenues streaming from Iran’s export oil loadings. The world was outraged, but helplessly stood by as the slaughter continued. From far and wide came calls to impose sanctions on Iran and to impose embargoes on Iran’s products. One would have thought any responsible organization would have desisted its activities with what had now evolved into a murderous regime. Clearly conscious of the public outrage that would result from its moral turpitude continuing to enrich the Mullahs, Shell did all it could to hide their transactional baseness with the Iranian dictatorship. As example in March 2010 the Wall Street Journal (“Oil Trade With Iran Thrives Discreetly” 05.20.10) reported that the tanker ‘Front Page’ left the port of Fujairah, U.A.E.to sail on to Saudi Arabia. All well and good. But wait, tracking information revealed a very different course. The ‘Front Page’ made an unreported stop along the coast of Iran to load a cargo of Iranian oil. Who was the charterer of this brazen attempt to hide their continuing ‘business as usual’ with an Iranian government in the midst of imposing draconian oppression on its people. Yes, Shell Oil. Since that time very little has changed, if not in becoming more grotesque. Shell’s gorging on Iranian oil continued ongoing. Just this past week CNBC reported that “Shell Scrambles to Pay Huge Oil Bill for Iran Oil” (03.25.12). We learned that Shell is struggling to pay off $1,000,000,000 that it owes the National Iranian Oil Company, the equivalent of about 8 million barrels of oil. Apparently Shell has become Iran’s second biggest oil buyer, having been outdistanced only by France’s Total, who however has ceased its Iranian oil purchases at the end of last year. But it seems Shell toils on, now having to navigate through the labyrinth of financial sanctions in order to placate their Iranian pushers. And as the CNBC report would have it, “Shell is working hard to figure out a way to pay NIOC.” All of which of course raises the question, given Shell’s willingness to help sustain the murderous Iranian regime, should we as consumers exercise our individual initiative in solidarity with the oppressed people of Iran (one needs remember the deeply poignant death of Nedā Āghā-Soltān[ on the streets of Teheran on June 20, 2009). In our daily lives perhaps it is now necessary to decide where and from whom we buy our gasoline! Oh yes, by the way, another point of focus. Should we be comfortable with the imminent ruling our government agencies, especially the U.S. Department of the Interior, are about to make permitting Royal Dutch Shell to drill off Alaska’s Beaufort and Chuckchi Seas? Vesting that responsibility with a corporation of such vacuous concern?

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Michael T. Klare: A New Energy Third World in North America?

April 2, 2012

How the Big Energy Companies Plan to Turn the United States into a Third-World Petro-State Cross-posted with TomDispatch.com The “curse” of oil wealth is a well-known phenomenon in Third World petro-states where millions of lives are wasted in poverty and the environment is ravaged, while tiny elites rake in the energy dollars and corruption rules the land.  Recently, North America has been repeatedly hailed as the planet’s twenty-first-century “new Saudi Arabia” for “tough energy” — deep-sea oil , Canadian tar sands , and fracked oil and natural gas.  But here’s a question no one considers: Will the oil curse become as familiar on this continent in the wake of a new American energy rush as it is in Africa and elsewhere?  Will North America, that is, become not just the next boom continent for energy bonanzas, but a new energy Third World? Once upon a time, the giant U.S. oil companies — Chevron, Exxon, Mobil, and Texaco — got their start in North America, launching an oil boom that lasted a century and made the U.S. the planet’s dominant energy producer.  But most of those companies have long since turned elsewhere for new sources of oil. Eager to escape ever-stronger environmental restrictions and dying oil fields at home, the energy giants were naturally drawn to the economically and environmentally wide-open producing areas of the Middle East, Africa, and Latin America — the Third World — where oil deposits were plentiful, governments compliant, and environmental regulations few or nonexistent. Here, then, is the energy surprise of the twenty-first century: with operating conditions growing increasingly difficult in the global South, the major firms are now flocking back to North America. To exploit previously neglected reserves on this continent, however, Big Oil will have to overcome a host of regulatory and environmental obstacles.  It will, in other words, have to use its version of deep-pocket persuasion to convert the United States into the functional equivalent of a Third World petro-state. Knowledgeable observers are already noting the first telltale signs of the oil industry’s “Third-Worldification” of the United States.  Wilderness areas from which the oil companies were once barred are being opened to energy exploitation and other restraints on invasive drilling operations are being dismantled.  Expectations are that, in the wake of the 2012 election season, environmental regulations will be rolled back even further and other protected areas made available for development.  In the process, as has so often been the case with Third World petro-states, the rights and wellbeing of local citizens will be trampled underfoot. Welcome to the Third World of Energy Up until 1950, the United States was the world’s leading oil producer, the Saudi Arabia of its day. In that year, the U.S. produced approximately 270 million metric tons of oil, or about 55 percent of the world’s entire output. But with a postwar recovery then in full swing, the world needed a lot more energy while America’s most accessible oil fields — though still capable of growth — were approaching their maximum sustainable production levels.  Net U.S. crude oil output reached a peak of about 9.2 million barrels per day in 1970 and then went into decline (until very recently). This prompted the giant oil firms, which had already developed significant footholds in Indonesia, Iran, Saudi Arabia, and Venezuela, to scour the global South in search of new reserves to exploit — a saga told with great gusto in Daniel Yergin’s epic history of the oil industry, The Prize . Particular attention was devoted to the Persian Gulf region, where in 1948 a consortium of American companies — Chevron, Exxon, Mobil, and Texaco — discovered the world’s largest oil field, Ghawar, in Saudi Arabia.  By 1975, Third World countries were producing 58 percent of the world’s oil supply, while the U.S. share had dropped to 18 percent. Environmental concerns also drove this search for new reserves in the global South. On January 28, 1969, a blowout at Platform A of a Union Oil Company offshore field in California’s Santa Barbara Channel produced a massive oil leak that covered much of the area and laid waste to local wildlife. Coming at a time of growing environmental consciousness, the spill provoked an outpouring of public outrage, helping to inspire the establishment of Earth Day, first observed one year later. Equally important, it helped spur passage of various legislative restraints on drilling activities, including the National Environmental Policy Act of 1970, the Clean Water Act of 1972, and the Safe Drinking Water Act of 1974. In addition, Congress banned new drilling in waters off the Atlantic and Pacific coasts and in the eastern Gulf of Mexico near Florida. During these years, Washington also expanded areas designated as wilderness or wildlife preserves, protecting them from resource extraction. In 1952, for example, President Eisenhower established the Arctic National Wildlife Range and, in 1980, this remote area of northeastern Alaska was redesignated by Congress as the Arctic National Wildlife Refuge (ANWR). Ever since the discovery of oil in the adjacent Prudhoe Bay area, energy firms have been clamoring for the right to drill in ANWR, only to be blocked by one or another president or house of Congress. For the most part, production in Third World countries posed no such complications. The Nigerian government, for example, has long welcomed foreign investment in its onshore and offshore oil fields, while showing little concern over the despoliation of its southern coastline, where oil company operations have produced a massive environmental disaster. As Adam Nossiter of the New York Times described the resulting situation, “The Niger Delta, where the [petroleum] wealth underground is out of all proportion with the poverty on the surface, has endured the equivalent of the Exxon Valdez spill every year for 50 years by some estimates.” As vividly laid out by Peter Maass in Crude World , a similar pattern is evident in many other Third World petro-states where anything goes as compliant government officials — often the recipients of hefty bribes or other oil-company favors — regularly look the other way. The companies, in turn, don’t trouble themselves over the human rights abuses perpetrated by their foreign government “partners” — many of them dictators, warlords, or feudal potentates. But times change.  The Third World increasingly isn’t what it used to be.  Many countries in the global South are becoming more protective of their environments, ever more inclined to take ever larger cuts of the oil wealth of their own countries, and ever more inclined to punish foreign companies that abuse their laws. In February 2011, for example, a judge in the Ecuadorean Amazon town of Lago Agrio ordered Chevron to pay $9 billion in damages for environmental harm caused to the region in the 1970s by Texaco (which the company later acquired).  Although the Ecuadorians are unlikely to collect a single dollar from Chevron, the case is indicative of the tougher regulatory climate now facing these companies in the developing world.  More recently, in a case resulting from an oil spill at an offshore field, a judge in Brazil has seized the passports of 17 employees of Chevron and U.S. drilling-rig operator Transocean, preventing them from leaving the country. In addition, production is on the decline in some developing countries like Indonesia and Gabon, while others have nationalized their oil fields or narrowed the space in which private international firms can operate. During Hugo Chávez’s presidency, for example, Venezuela has forced all foreign firms to award a majority stake in their operations to the state oil company, Petróleos de Venezuela S.A.   Similarly, the Brazilian government, under former President Luiz Inácio Lula da Silva, instituted a rule that all drilling operations in the new “pre-salt” fields in the Atlantic Ocean — widely believed to be the biggest oil discovery of the twenty-first century — be managed by the state-controlled firm, Petróleo de Brasil (Petrobras). Fracking Our Way to a Toxic Planet Such pressures in the Third World have forced the major U.S. and European firms — BP, Chevron, ConocoPhillips, ExxonMobil, Royal Dutch Shell, and Total of France — to look elsewhere for new sources of oil and natural gas.  Unfortunately for them, there aren’t many places left in the world that possess promising hydrocarbon reserves and also welcome investment by private energy giants. That’s why some of the most attractive new energy markets now lie in Canada and the United States, or in the waters off their shores.  As a result, both are experiencing a remarkable uptick in fresh investment from the major international firms. Both countries still possess substantial oil and gas deposits, but not of the “easy” variety (deposits close to the surface, close to shore, or easily accessible for extraction).  All that remains are “tough” energy reserves (deep underground, far offshore, hard to extract and process). To exploit these, the energy companies must deploy aggressive technologies likely to cause extensive damage to the environment and in many cases human health as well.  They must also find ways to gain government approval to enter environmentally protected areas now off limits. The formula for making Canada and the U.S. the “Saudi Arabia” of the twenty-first century is grim but relatively simple: environmental protections will have to be eviscerated and those who stand in the way of intensified drilling, from landowners to local environmental protection groups, bulldozed out of the way.  Put another way, North America will have to be Third-Worldified. Consider the extraction of shale oil and gas, widely considered the most crucial aspect of Big Oil’s current push back into the North American market. Shale formations in Canada and the U.S. are believed to house massive quantities of oil and natural gas, and their accelerated extraction is already helping reduce the region’s reliance on imported petroleum. Both energy sources, however, can only be extracted through a process known as hydraulic fracturing (“hydro-fracking,” or just plain “fracking”) that uses powerful jets of water in massive quantities to shatter underground shale formations, creating fissures through which the hydrocarbons can escape. In addition, to widen these fissures and ease the escape of the oil and gas they hold, the fracking water has to be mixed with a variety of often poisonous solvents and acids. This technique produces massive quantities of toxic wastewater , which can neither be returned to the environment without endangering drinking water supplies nor easily stored and decontaminated. The rapid expansion of hydro-fracking would be problematic under the best of circumstances, which these aren’t.  Many of the richest sources of shale oil and gas, for instance, are located in populated areas of Texas, Arkansas, Ohio, Pennsylvania, and New York. In fact, one of the most promising sites, the Marcellus formation, abuts New York City’s upstate watershed area.  Under such circumstances, concern over the safety of drinking water should be paramount, and federal legislation, especially the Safe Drinking Water Act of 1974, should theoretically give the Environmental Protection Agency (EPA) the power to oversee (and potentially ban) any procedures that endanger water supplies. However, oil companies seeking to increase profits by maximizing the utilization of hydro-fracking banded together, put pressure on Congress, and managed to get itself exempted from the 1974 law’s provisions. In 2005, under heavy lobbying from then Vice President Dick Cheney — formerly the CEO of oil services contractor Halliburton — Congress passed the Energy Policy Act, which prohibited the EPA from regulating hydro-fracking via the Safe Drinking Water Act, thereby eliminating a significant impediment to wider use of the technique. Third Worldification Since then, there has been a virtual stampede to the shale regions by the major oil companies, which have in many cases devoured smaller firms that pioneered the development of hydro-fracking. (In 2009, for example, ExxonMobil paid $31 billion to acquire XTO Energy, one of the leading producers of shale gas.)   As the extraction of shale oil and gas has accelerated, the industry has faced other problems. To successfully exploit promising shale formations, for instance, energy firms must insert many wells, since each fracking operation can only extend several hundred feet in any direction, requiring the establishment of noisy, polluting , and potentially hazardous drilling operations in well-populated rural and suburban areas. While drilling has been welcomed by some of these communities as a source of added income, many have vigorously opposed the invasion, seeing it as an assault on neighborhood peace, health, and safety. In an effort to protect their quality of life, some Pennsylvania communities, for example, have adopted zoning laws that ban fracking in their midst. Viewing this as yet another intolerable obstacle, the industry has put intense pressure on friendly members of the state legislature to adopt a law depriving most local jurisdictions of the right to exclude fracking operations. “We have been sold out to the gas industry, plain and simple,” said Todd Miller, a town commissioner in South Fayette Township who opposed the legislation. If the energy industry has its way in North America, there will be many more Todd Millers complaining about the way their lives and worlds have been “sold out” to the energy barons.  Similar battles are already being fought elsewhere in North America, as energy firms seek to overcome resistance to expanded drilling in areas once protected from such activity. In Alaska, for example, the industry is fighting in the courts and in Congress to allow drilling in coastal areas, despite opposition from Native American communities which worry that vulnerable marine animals and their traditional way of life will be put at risk. This summer, Royal Dutch Shell is expected to begin test drilling in the Chukchi Sea, an area important to several such communities. And this is just the beginning. To gain access to additional stores of oil and gas, the industry is seeking to eliminate virtually all environmental restraints imposed since the 1960s and open vast tracts of coastal and wilderness areas, including ANWR, to intensive drilling. It also seeks the construction of the much disputed Keystone XL pipeline, which is to transport synthetic crude oil made from Canadian tar sands — a particularly “dirty” and environmentally devastating form of energy which has attracted substantial U.S. investment — to Texas and Louisiana for further processing. According to Jack Gerard, president of the American Petroleum Institute (API), the preferred U.S. energy strategy “would include greater access to areas that are currently off limits, a regulatory and permitting process that supported reasonable timelines for development, and immediate approval of the Keystone XL pipeline.” To achieve these objectives, the API, which claims to represent more than 490 oil and natural gas companies, has launched a multimillion-dollar campaign to sway the 2012 elections, dubbed “Vote 4 Energy.” While describing itself as nonpartisan, the API-financed campaign seeks to discredit and marginalize any candidate, including President Obama, who opposes even the mildest of version of its drill-anywhere agenda. “There [are] two paths that we can take” on energy policy, the Vote 4 Energy Web site proclaims. “One path leads to more jobs, higher government revenues and greater U.S. energy security — which can be achieved by increasing oil and natural gas development right here at home. The other path would put jobs, revenues and our energy security at risk.” This message will be broadcast with increasing frequency as Election Day nears. According to the energy industry, we are at a fork in the road and can either chose a path leading to greater energy independence or to ever more perilous energy insecurity. But there is another way to characterize that “choice”: on one path, the United States will increasingly come to resemble a Third World petro-state, with compliant government leaders, an increasingly money-ridden and corrupt political system, and negligible environmental and health safeguards; on the other, which would also involve far greater investment in the development of renewable alternative energies, it would remain a First World nation with strong health and environmental regulations and robust democratic institutions. How we characterize our energy predicament in the coming decades and what path we ultimately select will in large measure determine the fate of this nation. Michael T. Klare is a professor of peace and world security studies at Hampshire College, a TomDispatch regular , and the author of The Race for What’s Left: The Global Scramble for the World’s Last Resources just published by Metropolitan Books.  To listen to Timothy MacBain’s Tomcast audio interview in which Klare discusses his new book and what it means to rely on extreme energy, click  here , or download it to your iPod  here .  Klare can be followed on Facebook . Follow TomDispatch on Twitter @TomDispatch and join us on Facebook. To stay on top of important articles like these, sign up to receive the latest updates from TomDispatch.com here .

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Bob Edgar: Citizens United, the Supreme Court, and Our Independent Judiciary

March 30, 2012

I’m not a lawyer but I’ve spent the better part of my adult life working with and often admiring lawyers. There are some bad ones of course, but I’ve always been impressed by the devotion almost all lawyers share to the law and our system of justice. So I’m perplexed these days as I consider how justices of our Supreme Court — lawyers at the pinnacle of that system — have opened the door to an unprecedented assault on judicial independence. Millions of Americans now understand how the high court’s Citizens United decision, along with other campaign finance rulings, has opened a financial floodgate that leaves government vulnerable to corruption. They see the enormous potential, indeed the likelihood, that the millions of dollars being invested in the 2012 campaign will be repaid in government contracts, laws and policies crafted to benefit a relative handful of campaign donors. But I also fear that most folks, including many lawyers, haven’t yet grasped how money, and the strings attached to it, also is pouring into judicial elections. And as in races for president, Congress, governorships and other offices, much of the money is being spent by groups that take pains to shield their donors from view. While our few hundred federal judges enjoy lifetime appointments that protect their independence, there are thousands of state court judges who must periodically face the voters. That means they’re vulnerable to negative ad campaigns, often financed by business interests or ideological groups angry about past rulings, and that they must busy themselves raising money from people and groups who may need or want something from them in the future. “Outside forces are becoming a bigger deal,” Georgetown University law professor Roy Schotland, told the Washington Post in a story published Friday. “We’re seeing more takeover of the races from the outside.” State court judges, he added, “are like sitting ducks.” Florida Tea Party activist Jesse Phillips told the Post that he hopes to raise more than $1 million to unseat three of the state’s Supreme Court justices this fall; he has no intention of disclosing his donors, Phillips indicated. Two years ago, in the first round of judicial elections of the post-Citizens United era, three Iowa Supreme Court justices were swept from office by voters angered over the court’s ruling upholding same-sex marriages. A few anti-gay groups poured about $1 million into the campaign to unseat them. There were similar uprisings across the country, often financed by individuals and groups asserting that judges should pay more attention to public opinion and less to their views of what the law and the Constitution require. That’s scary. “We can make all the strides we can make in the executive and legislative branch, and we can have all that thrown out if we don’t have a court that’s responsible to the will of the people,” Phillips said. This is the leading edge of a movement that could transform our courts from guardians of the Constitution into subsidiaries of corporations and ideologues. We’ll have the Supreme Court to “thank” for it.

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David Isenberg: But That Is Another Story

March 30, 2012

Hmm, perhaps the private military and security (PMSC) industry is right; maybe using PMSC contractors IS more cost-effective than using regular military folks. At least that is one conclusion some are drawing from the findings of a management letter issued by the office of the Special Inspector General for Afghanistan Reconstruction (SIGAR). But is that really the case? Read on. The letter ( PDF ) provided the preliminary findings of an ongoing SIGAR audit to 1) identify the PSCs used by USAID’s implementing partners, 2) assess the costs of providing security, and 3) determine what plans USAID’s implementing partners have for continuing reconstruction work as security is transferred to the Afghan Public Protection Force (APPF). According to the March 9 letter by Steven J. Trent, the acting Special Inspector General for Afghanistan Reconstruction to the U.S. Agency for International Development, the cost of providing security for U.S. development work in Afghanistan will increase sharply as program managers are forced to rely on an Afghan government-run security enterprise. He had three main points. First, the auditor’s analysis found that the cost of Afghan guards that provide security for U.S.-funded projects could increase by as much as 46 percent and the number of expatriate personnel could rise by as much as 200 percent for implementing partners. While that would be bad news for American taxpayers it would, of course, be very good news for those PSC firms — DynCorp anyone? — providing the necessary expatriate personnel. Trent also wrote that if the still-being-staffed-up APPF, created to take over security responsibilities from private firms, was not “fully-functioning” by the March 20 deadline to disband private security companies, USAID projects worth $899 million were at “significant risk of termination.” That amounts to $55.2 million for 13 of USAID’s largest projects for the first year after transition to the APPF. Of course, we are past the March 20 deadline and the APPF is nowhere near reaching the goal of a 25,000-guard force goal by March 2013 that it set out to recruit a year ago. It currently has roughly 6,000 guards on staff, but most of those are already assigned to sensitive installations, such as banks. Although on March 18 the Afghan government announced that it had granted 30-90 day provisional licenses to some implementing partners to give them time to finalize contracts with the APPF. Third, SIGAR found that two PSCs that were not licensed by MOI had contracts with USAID implementers as of December 2011. On March 13 S. Ken Yamashita, the USAID mission director in Kabul, provided a response. Trent wrote that the response: took exception to our findings, conclusions, and suggested action items (see enclosure 2). Unfortunately, as shown by its comments, USAID has interpreted this alert letter as an affront to its management of the transition, instead of as a constructive document that would aid it in assessing and responding to the risks we identified. In other words, to decipher the bureaucratese, Yamashita just didn’t get it. The House Oversight & Government Reform Committee held a hearing on this issue on March 29 where you can find written testimony by both Trent and Alexander Their , Assistant to the Administrator for the Office of Afghanistan and Pakistan Affairs USAID. It is very interesting to note that in his written testimony Trent states: To date, SIGAR has completed three reports related to PSCs. These include two audits of PSC contracts — one funded by the U.S. Army Corps of Engineers (USACE) and one by USAID. Due to sensitivities in Afghanistan over the role of PSCs, the implementing agencies asked SIGAR not to publicly release these audits. Consequently, we did not publish them, but we delivered both audits to our Congressional oversight committees. Trent also provides some information regarding PSC costs which makes claims of cost effectiveness ring a bit hollow. True, using the APPF, will cost more than using the current mix of Afghan and foreign PSC. For example, for 13 projects SIGAR examined, Afghan guards may cost an additional $3.1 million — as much as 46 percent higher than current costs — and expatriate labor costs could rise by as much as $52.1 million during the first year of the transition. But that says nothing about the cost difference between using foreign PSC and regular U.S. military forces, which is the comparison usually talked about by PMSC advocates. For example, Doug Brooks, president of ISOA, a PMSC trade association tweeted ” Predictable: US lawmakers offended by spike in Afghan guards’ cost. ” Since the vast majority of PSC personnel in Afghanistan are Afghani the traditional cost comparison calculus does not apply. Granted, providing security in Afghanistan is going to be expensive no matter who does it. SIGAR found that: Our audits have shown that security costs have been significant over the last five years. For example, in 2007, USAID awarded a five-year contract with a ceiling price of $1.4 billion for its Afghanistan Infrastructure and Rehabilitation Program. SIGAR found that by 2011, the contractor had subcontracted with six PSCs for a total of $231.6 million — more than 16 percent of the contract’s value. The DoD has also incurred significant security costs. In May 2008, USACE awarded a $90 million indefinite delivery/indefinite quantity (IDIQ) contract to provide security services for USACE operations throughout Afghanistan. As of August 2011, USACE had issued 12 task orders, increasing the value of the contract to more than $165 million. The truth is that in this case there is not enough reliable data to make a firm conclusion. SIGAR wrote: Determining security costs is extremely challenging because, as the Government Accountability Office (GAO) pointed out last year, the tracking systems that U.S. government agencies are using do not reliably distinguish security personnel from other contract personnel. USAID does not track security costs. Therefore, SIGAR analyzed PSC invoices paid by the implementing partners on the projects we reviewed from fiscal year 2009 through fiscal year 2011. Although SIGAR attempted to collect information for all PSCs, we cannot verify that we captured all costs for PSCs hired by subcontractors for their security. Neither USAID nor its prime contractors have full visibility of the security costs incurred by subcontractors. Further complicating efforts to determine security costs, SIGAR found that some implementing partners also hired security guards internally. Their salaries are not included in reported security costs. Consequently, SIGAR’s cost analysis represents the minimum spent on security. Total costs are likely higher. It would have been illuminating if someone had done a cost comparison between PSCs and the Afghan National Army or the Afghan National Police. It would not surprise me if such a comparison found that using PSC personnel was more expensive, given how that the ANA and ANP have traditionally been ill-paid. But that, as was said in the Conan the Barbarian movie, ” is another story .”

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Monika Mitchell: Bruce Springsteen & Wall Street’s Wrecking Ball: A Contract With America

March 30, 2012

A rather caustic editorial from Bloomberg News ‘ nameless “editors” mocked Goldman Sachs defector, Greg Smith, in fake bully-on-the-playground bravura. Just like blogging commentators, it’s easy to be brave when your identity is hidden. It is even easier to be a bully when you can take a few swings and slink back under your rock in the refuge of a giant media powerhouse. The anonymous jabs aimed at Smith’s hope that integrity be part of Wall Street profit-making reveal the wide disparity between common financial models and the 21st century ethos of “Doing Well by Doing Good.” The editors retort: “Yes, Mr. Smith, Goldman Sachs Is All About Making Money,” Nowhere in that statement or any other defense of Goldman is there anything about creating value for dollars, simply a tacit endorsement of profit at any cost. What Greg Smith’s op-ed confirms is that four years after Bear Stearns collapsed under the weight of risky bets, the destructive and toxic for-profit model that created the crisis has not changed: the model that Bruce Springsteen lyrically calls “the Wrecking Ball.” Since when does the biggest baddest investment bank of them all, one that transformed from the most admired financial institution in the world to the poster-child of Wall Street evil, need to be defended from a single “mid-level” rogue employee? Since the accusation of greed and corruption struck a resonant chord of truth so deep between Wall Street’s wrecking ball and the rest of the modern world, it could not be ignored. In a powerful Rolling Stone interview with national heroes, Bruce Springsteen and comedian Jon Stewart, “the Boss” outlines “the street criminalization of the big-money Wall Street hustle” echoed in Smith’s op-ed that has lit the fire of outrage in millions of Americans. Explains Bruce: “That hustle has been legitimized over the past four years, when you have that level of risk and greed at the top of the financial industry, and people basically walking away scot-free, completely unaccountable. That lack of accountability is the poison shot straight into the heart of the country.” And so it has. The poison has created a dual society in our nation that Springsteen warns, slices “the country down the middle” — one where the powerful and well-placed follow a different set of rules from the rest of the nation. Main Street is supposed to obey the law and pay the price for its actions if it doesn’t, while Wall Street’s most powerful institutions are handed the get-out-of-jail card free by those who make and enforce the laws. To America’s citizens, the hustle of the 2008-2010 crisis and unilateral banking bailouts go far beyond government failure and move to political corruption of the highest degree. Springsteen compares the lack of accountability in the post-crisis handling of both the Bush and Obama years to the Watergate scandal, one of the darkest periods in our national history. “Watergate legitimized the hustle at the top of the game … It legitimized every street-corner thug.” Watergate made a mockery of American justice revealing a corruption so deep and pervasive that it “almost had the country brought down by it.” For Springsteen and America, the financial crisis has exposed the same. Financial historian Professor Robert Wright calls the flaws in the current Wall Street-Federal model: the socialization of risk and the privatization of profits that has ” planted the seeds of future crisis. ” Everyone in America knows, with the possible exception of a few still in denial, that the “risk takers” were rewarded by transferring Wall Street losses onto the backs of an overburdened Main Street. Every day in grade school, children put their hands over their hearts and pledge allegiance to a nation that stands for “liberty and justice for all.” Springsteen asks, “What happened to that social contract?” Where is the promise that our children pray for? What made this country great were not the bullies in the playground who laugh at the “naïve” integrity of fellow citizens. It is the shared sacrifice of our parents and grandparents who fought against injustice both on foreign and home shores to right the wrongs of an unequal dream. Those that saved every penny of their hard earned cash only to watch it evaporate during the Great Depression — a time so tough that a new president came to the aid of the powerless and demanded that America’s promise of equality be fulfilled. So here we are again: one more time. As Occupy Wall Street began the conversation last fall with a call for a fair deal for everyone, Greg Smith’s op-ed reveals that good conscience may be dead for a soul-sick Wall Street, but Main Street is still holding out hope to reinstate America’s broken social contract. The antidote for the poison shot into the heart of America is justice. Springsteen sings the struggle of many Americans who lost their jobs and homes in these post-crisis years: I’ve been lookin’ for the map that leads me home; I’ve been stumblin’ on good hearts turned to stone…We yelled “help” but the cavalry stayed home; There ain’t no one hearing the bugle blown… Springsteen’s ballad asks the questions the nation asks of its leaders: Where the eyes, the eyes with the will to see Where the hearts, that run over with mercy Where’s the love that has not forsaken me Where’s the work that set my hands, my soul free The social contract implicit in America’s promise and defended by country men and women on the beaches of Normandy, the streets of Birmingham and the squatter city of Zuccotti Park is woven into every aspect of American culture from Washington, to Wall Street, to Main Street. The contract is not “All About Making Money” as some would have us believe. Rather it represents a common commitment to abolish tyranny and injustice that continues to surface in legal battles of foreclosure fraud and class actions suits against an out-of-control banking industry that became an enemy to its own people. The social contract that our culture is based on is something far greater than the myopic self-serving greed we have witnessed. It emanates from deeply embedded values established centuries ago like integrity, democratic ideals and fair play that improve with each generation. Echoed in Springsteen’s poetry is the historic promise of America to its citizens: “From sea to shining sea…Wherever this flag’s flown, we take care of our own.” Monika Mitchell is the co-author of ” Conversations with Wall Street ” — a collection of candid discussions with Wall Street market makers on ethics in the mortgage securities industry. CWWS outlines a social contract between America and the Financial Industry.

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Jared Bernstein: The Myth of the Myth of the Disappearing Middle Class

March 30, 2012

Brookings economist Ron Haskins puts a hurt on some numbers in this AM’s Washington Post . His piece has two parts. The first part, discussed below, has a pretty fat thumb on the scale. The second is about how decisions regarding marriage and the pursuit of higher ed can have a profound effect on a person and family’s economic success. I’ll leave that for now, though I should say that while I don’t often agree with him, Ron’s done solid, thoughtful work on those important issues. Which is one reason why the rest of the piece struck me as uncharacteristically misleading. Let’s go piece by piece. – The argument is framed as “the myth of disappearing middle class.” That’s a canard. Most living standards analysts, including Ron in this piece (!), think of the middle class as some chunk in the middle of the income distribution — say the middle fifth or some variation there in (e.g., 40th to 80th percentile), which of course cannot by definition “disappear.” I’ve been writing about middle-class economics for decades, including nine editions of the “State of Working America. Not once did I or my colleagues argue “disappearance.” – We did, and do, argue that the wage and income growth of middle class workers and families has weakened over time-that the middle-class has becoming increasingly squeezed. How does that square with Ron’s findings? He cites research much like that of the Congressional Budget Office on family income trends, noting that middle class income (the middle fifth of the income scale) “grew by nearly 40 percent” 1979-2007 (CBO analysis shows 35%; Ron’s source shows 37%, so about the same — I’m using CBO because it’s available to me in some detail; note that these trends include the effect of taxes, transfer payments, and the value of employer provided health care). First of all, 35% over 28 years is 1.1% per year, over a period when productivity grew at twice that rate (up 72%, or 2% per year). There’s no reason to expect middle-class incomes to grow at the rate of productivity year in and year out, though they did so for a few decades in the post-war years. But this persistent divergence is important context that should not be left out. – The value of health care isn’t as big a deal as he thinks it is, though it’s characteristic of this “myth” literature to invoke the value health benefits as a game-changer for middle-class living standards. This raises two questions. First, are such benefits totally fungible? That is, if the value of my employer or government provided health care benefits is $1,000, is my family that much better off? It’s not clear that this is the case, especially given the fact that the rising costs of health care don’t always reflect quality improvements for the broad middle class (i.e., they have more to do with technology and end-of-life care). It’s certainly not worth zero — to go without health coverage is a real blow to living standards. And if you or your family gets sick, it’s extremely valuable. But it’s wrong to just tack it onto income and argue everyone is that much better off. Second, what’s the empirical evidence here? On inequality, as the figure below reveals, there’s little difference in the trend of the Gini coefficient (a measure of income inequality) when you include the value of employer-provided care (see the lines labeled market income with and without ESI — employer-sponsored insurance). The two lines are almost coincident, meaning the increase in inequality doesn’t go away when you include the value of health care. In terms of real growth, it turns out that taxes matter much more than the value of health care. The CBO data show that real median income, all in (taxes, ESI, etc.), grew 35%, 1979-2007, as noted. Take out taxes and transfers (and it’s taxes that are the big story for the middle, not transfers), and that growth falls by almost half, to 19%, or 0.6% per year. More on that in a moment, but woe betide the middle class-or anyone else-if the fate of their living standards is tied not to economic growth or their labor market outcomes, but to the largess of the Congressional tax writing committees. – It’s also wrong to lump all these time periods together (note: this is a mistake that Ron’s source data — a paper by Rick Burkhauser et al doesn’t make — they break growth periods up in useful ways). About 80% of that 19% growth in pretax income occurred in the 1990s expansion (1993-2000), a period of uniquely full employment, and the only period over the last thirty years when the middle class kept up with overall economic growth. Over the 1980s business cycle, market incomes for the middle class grew 5%; in the 2000s cycle, a measly 3%. – To understand the middle class squeeze, you’ve got to look and wages and hours. Census data reveal the amazing fact that the median earnings of full-time male workers were almost exactly the same in real terms in 1979 as in 2010: in real 2010 dollars, 1979: $47,621; 2010: $47,715. How could that possibly not be relevant in an article about middle-class well-being? Because of this long-term stagnation in men’s earnings, middle-class families have had to work a lot more hours to get ahead. Of course, women’s contributions to their families’ incomes have become much more important over these years, and that too needs to be accounted for, as EPI does in State of Working America. There you’ll find evidence of 3-4 more months spent in the paid labor market by married-couple families over this period. That’s not all bad, of course, and partially reflects women’s integration into the job market as well as the decline in gender wage differentials. But you can’t ignore it, tack on taxes and health care, and wash your hands of any possible problems here. In fact, if you include these observations about wages to Ron’s thesis here, you’re left with a pretty uncomfortable conclusion: the middle class doesn’t need to worry about how they’re doing at work — we’ll make up any shortfalls with tax and health benefits. Good luck with that. As I said, a lot of what Ron has in here makes more sense than this “disappearing middle” stuff. He’s got good evidence of the importance of increased benefits to the poor, which as we at CBPP have also stressed, have often been very effective at lifting the incomes of the bottom fifth (especially the EITC). But the part on the middle class is incomplete at best and misleading at worst. This post originally appeared at Jared Bernstein’s On The Economy blog.

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Jim Worth: Bringing the Money Back Home

March 30, 2012

The Repatriation Bill in Congress falls way short. Corporations have been crying for big tax breaks to bring their profits from other countries home. They are currently sitting on over two trillion dollars in domestic profits hoarded over the last few years. Senators’, Kay Hagan, of North Carolina and, John McCain, of Arizona have introduced a new bill , The Foreign Earnings Repatriation Act , to allow multi-national corporations to bring over a trillion dollars in foreign profit back to the United States at a favorable tax rate. Too favorable! The tax rate in the bill falls way short of what’s fair. Senator Hagan’s legislation calls for a repatriation rate of 8.75%. The rate in the last repatriation bill was 5%. A corporation’s 8.75% tax rate will be reduced to a paltry 5.75% if they create jobs here in the U.S. There is also a clause that imposes penalties on corporations for failure to maintain employment levels if they’ve repatriated profits and received the additional 3% tax break for job creation, something that was not considered in the American Jobs Creation Act of 2004 . Though better in many ways than the 2004 bill, the new, slightly higher rate at 8.75%, is laughable and grossly unfair to the American taxpayer. Even those in the lowest tax bracket pay as much or more Federal Income Tax as the Senators’ from North Carolina and Arizona are asking corporations to pay. By contrast, under the new law corporations that add jobs will be paying an effective tax rate of 5.75% on over a trillion dollars profit. Right-wing congressional members constantly bemoan U.S. corporations’ high marginal tax rate of 35%, proclaiming it is the second highest tax rate in the world and hurts American competitiveness globally. But that is political hyperbole — political bullshit. No corporation in America pays 35%, or even near that. In fact, corporations, with the help of a complicit and bought Congress, paid an average of 12.1% of their domestic profit in taxes for 2011 thanks to tax breaks and loopholes — far short of their patriotic share of the burden. Which brings us back to repatriating foreign profits. Despite the higher rate — 3.75% more than in 2004 — Senator Hagan’s bill lets corporations off the hook for their fair share of the tax burden. At 8.75% there is little incentive for corporations to create jobs. Even the 3% incentive is no ‘real’ incentive. If corporations returned all of the trillion dollars in foreign profits currently captured overseas at the top rate, the Foreign Earnings Reinvestment Act (S.1671) will net a mere $90 billion in tax receipts paid to the Federal Government. That would be reduced to less than $60 billion if all eligible multi-national corporations created jobs. We would, hopefully, offset the 33% revenue loss with the growth jobs would create for the economy. The $90 billion sounds like a lot until compared with the $350 billion the current law — at 35 percent — would generate. That would reduce the 2012 deficit by nearly one-third, and corporations would be doing their fair share of helping, not only the deficit, but the economy. But, corporations have indicated that they will not repatriate profits at that rate. Protesting the unfairness of a 35% tax rate to repatriate foreign profits is far more compelling and more justified than complaining about our domestic corporate tax rate. Thirty-five percent does seem punitive and that is a legitimate argument. Surely there is a more equitable level that would be acceptable to all parties; truly reduce the deficit, increase jobs in the United States, and allow U.S. corporations to remain globally competitive? In an article last July, “UnAmerican Activities: Repatriation 101,” I proposed a fair agreement that would give control to the government rather than to the corporations as the 2004 act did. In the proposal the government would collect and hold an initial 28% and return a substantial benefit — a tax credit — for job creation. In 2004 American corporations promised to create jobs in the U.S. if allowed to bring over $300 billion back at a 5% tax rate. Corporations proved to be untrustworthy, buying back shares, giving dividends to investors and bonuses to executives, while shedding thousands of jobs rather than creating them. As a result of their actions repatriation this time around becomes a matter of greed and honor, a struggle between trust and regulation. Corporations hide behind the veil of serving their investors and investors, historically, choose greed over country. They, as owners of corporations, advocate taking everything this country has to offer yet show a reluctance to give back. Congress’ ability to regulate then becomes the counterbalance to greed — the protection of ‘the people’ against corporatocracy. Any repatriation law must consider the empirical evidence when negotiating any agreement with corporations. Corporations, unlike people, have no moral compass. We are again at a juncture where government can do the right thing for the country and taxpayers — the opportunity to correct one of the big failures of the past. The Hagan/McCain legislation falls short of its potential and should be rejected and replaced by a fairer, more equitable bill that truly begins to rebalance this country. It’s important to let congressional members know, especially the 11 co-sponsors , that the Foreign Earnings Reinvestment Act is currently unacceptable. This indebted country cannot afford another gift to corporations at the expense of taxpayers. Taxpayers are tired of being constantly crushed by corporations and their congressional surrogates.

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Raymond J. Learsy: The Price of Oil: Saudi Hypocrisy, Our Gullibility

March 30, 2012

One is compelled to pull out that old ‘chestnut’, “There he goes again.” The face of Saudi oil, and de facto senior voice of the OPEC cartel, Saudi Oil Minister Ali Naimi entertained us to one of his seminal dissertations (“Saudi Arabia will act to bring down high oil prices” Financial Times 03.29.12} expounding on Saudi Arabia’s concerns for the well being of all mankind. Stating the case clearly, that Saudi Arabia “…remains the world’s largest producer and the country with the largest proven reserves, so it has a responsibility to do what it can to mitigate prices.” No argument here. Yet that bit of wisdom is prefaced by the oldest of canards, “Needless to say Saudi Arabia does not control the price: it sells its crude according to international prices.” A truly bizarre declaration coming from the leading protagonist of the cartel, OPEC, whose primary function is to limit the supply of oil to world markets to control, and within the limits of the world’s tolerance, to maximize the price of crude oil in the market place. Clearly their efforts have been so successful that the limits of tolerance have now been reached and letting off a little steam has become part of the ritual. The ritual is encapsulated in the mantra repeated in Mr. Ali Naimi’s pronouncement: “The bottom line is that Saudi Arabia would like to see a lower price . IT WOULD LIKE TO SEE A FAIR AND REASONABLE PRICE, that will not hurt the economic recovery, especially in emerging and developing countries…”. A statement that automatically elicits our well inculcated and programmed hosannas whenever such mumblings come out of Riyadh. The trouble is we have heard this babble before and now again. In December of 2008, with oil prices teetering below $40 a barrel and gasoline prices accordingly restrained, our now benevolent Saudi Oil Minister Al Naimi would pontificate, after King Abdullah himself had ventured that $75/bbl was a fair and reasonable price, enlightening us “You must understand that the purpose of the $75 price is for a much more noble cause . You need every producer to produce , and marginal producers cannot produce at $40 a barrel.” (please see “OPEC’s Noble Cause” http://www.huffingtonpost.com/raymond-j-learsy/opecs-noble-cause_b_151961.html). This coming from a producer whose production costs veer toward $1.50/bbl or possibly less according to a pronouncement made by none other than Mr. Ali Naimi at a Houston oil conference in the late ’90s Well, several months after the December 2008 statement giving us the parameters of oil price ‘nobility’ the price touched and quickly breached Mr. Al Naimi’s $75/bbl. As it went shooting on to $100/bbl and well beyond with barely a word of discomfiture coming from OPEC’s or the Saudi Oil Ministry’s headquarters. As the price veered to $100 and higher the International Energy Agency had the presumption to criticize OPEC for holding back production only to be roundly reprimanded by OPEC’s the Secretary General El-Badri blaming high prices on speculation and “technical means”, whatever that means (please see “Noble’ OPEC Criticizes the International Agency” 1.19.11)Energy Speaking of speculation, or worse, manipulation- given the lack of transparency in the trading of oil futures in the world’s commodity markets, it would be interesting to hear from Mr. Ali Naimi whether the Saudi Oil Ministry, Aramco, the Saudi Sovereign Wealth Fund or whatever Saudi or OPEC designees are currently holding oil futures contracts and to what purpose. Certainly not to lower the price of oil? Anyway, thankyou Mr. Ali Naimi. Your sincerity and good deeds are appreciated.

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BJ Gallagher: Courage Goes to Work

March 29, 2012

Bill Treasurer knows a thing or two about courage. In his early career as a member of the U.S. High Diving team, he performed over 1500 dives from heights scaling to over 100 feet (the equivalent of a ten-story building). Today he is a business consultant who works with organizations to develop courage in their employees — from front-line folks to supervisors and team leaders to managers and senior executives. His company, Giant Leap Consulting, counts Bank of America, NASA, Saks Fifth Avenue, Accenture, Spanx, U.S. Department of Veterans Affairs, UBS Bank, and the National Science Foundation among its clients. Recently I was helping a friend do some research on “everyday courage” when I came across Treasurer’s latest book, Courage Goes to Work . I was intrigued by the notion of courage in the workplace, so I asked him if he would sit down and have a conversation with me about courage at work. BJG: Your books and your consulting business focus on helping people build courage. Tell me what you mean by “courage” in the context of modern workplace. BT: Today’s workplace is rife with fear — leaders who use fear as a motivator, fear and job insecurity, worry about what coworkers think of you, fear of workplace changes — these factors, and many more, fuel people’s fear. What’s the alternative to fear? Courage. It takes courage to make budget requests; courage to admit making a mistake; courage to take on a new role requiring new skills; courage to launch a new product. The normal human response to fear is to hunker down and play it safe. But if everyone is playing it safe, the business is in real danger of missing significant opportunities. When you’re anxious, worries, or scared and feel the urge to hunker down and play it safe, that’s the time you need to do just opposite. Playing it safe never leads to greatness. That’s where courage comes in. Because there is so much fear in today’s workplace — probably more than at any time since the Great Depression — I am committed to helping people find the courage they have inside but often can’t get in touch with. Many folks remind me of the Cowardly Lion in the Wizard of Oz — they think they don’t have any courage, but they really do. They just need someone to remind and reassure them that they have the right stuff, they have what it takes. For instance, Sara Blakely, the founder of Spanx, once told me that whenever one of her people makes a mistake — especially when the mistake leads to learning and new insights — she is never disappointed. In fact, she goes up to the mistake-maker and gives them a big high-five for their willingness to take risks and be courageous. Given how Sara values courage, it’s not surprising that she graces the cover of Forbes magazine as the youngest self-made woman billionaire! She’s the kind of client I love working with — someone who’s already running a great organization and wants to be even better. BJG: Are there gender differences when it comes to courage? Does courage show up in different kinds of behavior for men and for women? BT: On the macro level, no, there’s no difference between courage for men and women. Courage means to take action despite being intensely afraid or uncomfortable — and that’s true for both genders. But we do find differences in the types of risks each gender is more willing to take. For instance, women tend to be more willing to take emotional risks than men. It takes courage to be emotionally vulnerable, and this seems to come easier to women than men. And we find that men tend to be more willing to take physical and financial risks than women. So both genders are capable of great courage, but it is very likely that they will not be equally courageous in all parts of their lives. It’s important to not over-generalize. Whether you’re a women or a man, when you face a challenging situation, the physiological responses are the same: your heart races, your mouth gets dry, your eyes dilate, and your palms sweat. We also have to remember that courage is personal. What triggers fear in me won’t necessarily make you fearful. Rather than attempting to define masculine or feminine courage, I encourage women to push into new territory and define what courage looks like for them. BJG: What do you think of this notion of a “war on women” we keep hearing about in the media? Do you think there’s a “war on women” in the workplace as well as in the political arena? BT: Well, if there is a war on women, the insurgency is fighting back. It only took about two days for women to organize and mount a campaign to get the Susan G. Komen foundation to rescind their decision to stop funding Planned Parenthood. A few weeks later, women mobilized again and pressed advertising sponsors to drop Rush Limbaugh when he called Sandra Fluke a “slut” and a “prostitute”. Looks to me like women are pretty darn courageous! An interesting sidebar: If there is a war on women, some women can’t decide which side of the war they’re on. Zogby International did a survey of workplace bullying a few years back. It showed that 40 percent of workplace bullies are actually women, and 70 percent of the time these women are bullying other women! I once asked a female senior executive how she thought the workplace would be different when women have completely broken the proverbial glass ceiling. She commented that women would lead with a more cooperative style than men. While I believe that her answer was right, what struck me was how her own behavior was so at odds with her answer. She was pretty close to the other side of the ceiling herself, yet she was as uncooperative as could be. I suspect there are other women like her. It’s as if they’re waiting till they’re on the other side of the ceiling before they adopt a more progressive and evolved leadership approach. Courage, I think, would be to adopt these behaviors without waiting until you’re “arrived” to do so. BJG: Finally, what advice do you offer women about cultivating more courage in their own lives — both personally and professionally? BT: First, set some “gulp goals” — goals that are exciting, and a little scary too. Courage can be fuel that helps move you toward those goals. Second, identify where you are playing it too safe. Understanding that will indicate the next courageous move you want to consider making. Third, have sweaty palms. Don’t just lean into discomfort — move into it far enough that your body starts to feel the physiological responses of courage … like sweaty palms. Finally, I’d suggest two words that will serve you well as you move forward in your life and career: Be courageous. You can use them whenever you’re feeling complacent; nudge yourself into action when you want to stand up to an office bully; and reassure yourself whenever you find yourself gripped by debilitating fear. Make it your new mantra – Be courageous! Bill Treasurer is the author of “Courage Goes to Work” as well as “Right Risk: Ten Powerful Principles for Taking Giant Leaps with Your Life.” For more information about Treasurer and Giant Leap Consulting, go to www.couragebuilding.com

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Robert Reich: Break Up the Big Banks, Says the Dallas Fed

March 29, 2012

As the Supreme Court shows every sign of throwing out “Obamacare” and leaving 30 million Americans without health insurance, another drama is being played out in the quiet corridors of the Federal Reserve system that may affect even more of us. Taxpayers will be on the hook for another giant Wall Street bailout, and the economy won’t be mended, unless the nation’s biggest banks are broken up. That’s not just me talking, or the Occupier movement, or that wayward executive who resigned from Goldman Sachs a few weeks ago. It’s the conclusion of the Dallas Federal Reserve, one of the most conservative of the Fed’s regional banks. The lead essay in its just released annual report says a cartel of giant banks continues to hobble the recovery and poses an ongoing danger to the economy. Wall Street’s increasing power remains “difficult to control because they have the lawyers and the money to resist the pressures of federal regulation.” The Dodd-Frank act that was supposed to control Wall Street “leaves TBTF [too big to fail] entrenched.” The Dallas Fed goes on to argue that the Fed’s easy money policy can’t be much help to the U.S. economy as long as Wall Street is “still clogged with toxic assets accumulated in the boom years.” So what’s the answer, according to the Dallas Fed? It’s “breaking up the nation’s biggest banks into smaller units.” Thud. That’s the sound the report hitting the desks of Wall Street executives. They and their Washington lobbyists are doing what they can to make sure this report is discredited and buried. When I spoke with one of the Street’s major defenders in the Capitol this morning he snorted, “Dallas represents small regional banks that are jealous of Wall Street.” When I reminded him the Dallas Fed was about the most conservative of the regional banks and knew firsthand about the dangers of under-regulated banks — the Savings and Loan crisis ripped through Texas like nowhere else — he said, “Dallas doesn’t know its [backside] from a prairie gopher hole.” So as Republicans make the repeal of “Obamacare” their primary objective (and Alito, Scalia, Thomas, Roberts and perhaps Kennedy sharpen their knives) another drama is taking place at the Fed. The question is whether Bernanke and company in Washington will heed the warnings coming from its Dallas branch, and amplify the message. Robert Reich is the author of Aftershock: The Next Economy and America’s Future , now in bookstores. This post originally appeared at RobertReich.org .

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Rana Florida: Your Start-Up Life: Help! I’m Drowning in Email

March 29, 2012

Thursdays at the Huffington Post, Rana Florida, CEO of The Creative Class Group , shares her conversations with successful entrepreneurs and thought leaders about how they manage their businesses, their relationships, their careers, and more. She also answers readers’ questions about how they can optimize their lives. Send your questions about work, life, or relationships to rana@creativeclass.com Dear Rana, I’m a VP of Marketing for a global retailer. My job is very stressful, and I travel endlessly. But the people who work for me are driving me crazy. I hired them to make my life easier but all they do is create more work by filling up my inbox with hundreds of emails daily. I can’t get to my real work: our clients, our board, the media, and partners when I am constantly catering to the unanswered needy replies of my core team. Please! What are some healthy tactics to reduce email stress? Natalie Columbus, Ohio Photo credit: Flickr user Da Reel P3 Dear Natalie, You are not alone! ABC News’s Ki Mae Heussner did a story on email overload not too long ago. “According to a recent survey by Harris Interactive,” she reported, “the magic number for many an employee is 50 a day. Once they head north of that number, most say they can’t keep up.” Perhaps checking hundreds of emails a day isn’t as stressful as being a social worker, an air traffic controller, or a pediatric surgeon, but the effects are still real. David Lavenda wrote in a recent piece for Fast Company , “Email overload is a well – documented phenomenon that has been linked to reduced productivity , inability to focus on important tasks, and even physical and emotional stress.” As someone who receives more than 250 email messages a day, I feel your pain. I constantly beg and plea with my team to ease up on my inbox. First and foremost you need to ask yourself if you’ve empowered your team to do their job without checking in with you on every detail. If they know they have the authority to make their own decisions without repercussion, then they shouldn’t be bombarding you with emails. I often tell my team that I trust them to do their job and don’t need to be cc’d or fyi’d. And they know I really mean it. In a previous position as VP of Corporate Communications, I distributed an “email etiquette” memo. Most of it is pretty basic but many associates need a stern reminder. Feel free to share it with your team. In an effort to address the overwhelming number of emails and meetings, we are recommending the following guidelines. The goal is to reduce unnecessary email, increase email effectiveness, and improve the quality of email correspondence. Of course, no set of rules supersedes good judgment — there are always exceptions. Include signature blocks with at least your name, title, and phone number. But set your computer so the signature block only appears on the first email you initiate. This reduces unnecessary questions. Do not “Reply All” unless absolutely necessary. It contributes to email overload. Replying to the sender is usually sufficient. Do not send one and two word responses such as “thank you”, “will do”, “yes”, “no”, etc. unless necessary or asked to do so. That’s three seconds of someone’s life they’ll never get back! Scheduling: Do not send out emails to try and schedule a meeting. Use the calendar option. Same for rescheduling or canceling meetings. Do not send jokes, personal items, or chain letters, no matter how good you think it is! Avoid blind copying. You can always forward a message to someone after you’ve sent it to your primary distribution list. Keep messages concise and focused. Clearly state your expectations of the recipients. Use bullet points whenever possible. Bullets help organize thoughts and make a longer email easier to read. When you’re out of the office, set up an Out of Office Assistant and make note of who should be contacted in your absence. Avoid all caps — it gives the impression you are shouting. Use the subject line for an accurate description of your email contents. This helps you and others organize their email. Know when to pick up the phone. If confusion is emerging or there’s excessive back and forth, it’s time to have a live conversation. Email has become a convenient way for people to avoid difficult discussions and can quickly devolve into a passive-aggressive form of communication. When that happens, email loses its effectiveness. Avoid the urgent exclamation point unless necessary. If your email requires action by someone in the same day or in a relatively short period of time, pick up the phone. Not everyone is sitting in front of their computer all day. Think twice before hitting send. You should assume everyone will see what you have written because they very well could. Use “cc:” properly. You should address the email to the intended recipients and copy those who need the email as an FYI only. If an issue needs to be escalated, start by copying your own supervisor before you copy someone else’s.

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David Fagin: Flying The Unfriendly Skies

March 29, 2012

From the cheerful way United’s CEO, Jeff Smisek, virtually greets you at your seat before takeoff, you’d think everything was just peachy in the newly-merged, friendly skies. More routes are being added, new planes are being bought, the online reservation system is supposedly getting easier and cabins are being modernized with wireless Internet access. So, how come everyone you talk to now refers to it as “United F#&*n Airlines?” That’s easy. Just pull back the first-class curtain and you will see the “friendly skies” aren’t so friendly after all. First off, it’s no secret, when it comes to customer service, United is commonly regarded as one of the worst airlines in the business. They may brag about their “most admired” status in the industry, but that survey , conducted by Fortune magazine, only polled industry insiders, not consumers. A look at the recent data compiled by consumer research company the Temkin Group paints a different picture. While almost every airline in the business enjoyed a bump in customer satisfaction last year, only two dropped significantly: American and Continental. At this point, you’d expect it from American, as it’s in bankruptcy. But what even Continental employees seem to be saying about their chipper CEO, is that he’s well on his way to guiding the nose of this once-proud airline down to where United currently is, and, at the same time, betraying the legacy of former Continental chief executive Gordon Bethune. One senior flight attendant in Houston even went as far as to coin the phrase, ” It’s all Jeff’d up! ” — referring to Continental’s current day-to-day operations. When Bethune, a former Boeing executive, took the reigns of Continental back in the early ’90s, the airline was at rock bottom in almost every category. Within a few years time, he took the struggling carrier from worst to first. After his departure in 2004, Larry Kellner stepped in as the new CEO and maintained the above-average experience Continental customers had grown accustomed to. (It was Kellner who introduced DirectTV, lie-flat seats and other amenities in a post-9/11 industry.) No one can say for sure why he chose to resign as CEO, but insiders say he was against the merger with United from the start. While, on the opposite end, Smisek, then president, was eager to become CEO of the world’s largest airline. Whatever advancements Mr. Smisek has been touting for the past year-plus in his welcome message, ask most customers and they’ll agree, it sure seems like they’re heading in the wrong direction. For example, one change not welcomed by its lower-tiered elite passengers is the change to the Economy Plus seating policy. Used to be, extra leg room seats were made available to elite members when booking the flight. Since the merger, that policy has been scrapped, and United now only offers whatever seats may remain at check-in. In order to ensure an extra leg room seat for a long journey, loyal elite members must purchase the seat like everyone else. Strike one. Next, is United’s new pet policy . On one hand, the airline says it has made it “safer” for pets to travel, requiring they now be labeled as “cargo,” rather than “baggage,” which allows them to be placed in a climate-controlled space in the plane’s hull. On the other, instead of costing a few hundred dollars to ship a dog overseas, it now costs several thousand . This rule, in particular, has been financially crippling to our servicemen and women in the military who routinely need to move from base to base and are now being forced to find other means of transport. It also has everyday passengers with pets up in arms. Strike two. Last, but definitely not least, is United’s overall customer service. A glimpse of the airline’s Facebook page shows a staggering number of negative comments on a variety of issues, with dozens of additional comments supporting the criticism; i.e., one man who earned a million-mile status with Continental was put in coach and denied an upgrade because the agent said his ticket was “too cheap.” A first-class passenger had condensation from the AC dripping on him the entire way to LAX. Another woman states she recently returned from a trip to Florida with her 80-plus-year-old mother who was just out of the hospital and needed special assistance, and, she said, when they tried to board early, she was literally yelled at by the attendant at the gate and told to “Wait her turn!” It may be old hat for United travelers, but Continental customers are simply not used to being treated in that manner. Yet, all signs point to the fact that they better get used to it fast. Strike thr- wait, that was a foul ball. If you’ve flown United/Continental coast-to-coast recently, you know you’d be lucky to get a power adapter at your seat, as the planes they use for the long hauls are inexplicably much older. Why? Not even customer service reps seem to know. Rumor has it it, it’s because the older planes are apparently bigger. This obviously allows United to book more seats, but, meanwhile, the smaller planes, fitted with power adapters, DirectTV and everything else you’d expect on a cross-country flight, are used for short hops up and down the East Coast. Forget about Wi-Fi. If you’re flying from L.A. to New York, it’s a crap shoot if you’ll even have your own video monitor. And, this, supposedly, is from the “most admired” airline in the business? Strike three. Yer out. It definitely seems, instead of raising United to the level where Continental used to be, Mr. Smisek is content in lowering the expectations of Continental’s employees and customers to that of United’s employees and customers. And, that just doesn’t fly .

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Dr. Serena Reep: Meaning of Work: What For-Profit Corporations Can Learn From Non-Profits

March 28, 2012

According to PricewaterhouseCoopers’ 2010 data , 33 percent of the U.S. workforce is highly disengaged from the work they do as compared to 20 percent in 2008 and 10 percent pre-2008. Gallup 2010 also reports that 33 percent of employees in world-class organizations are either not engaged or actively disengaged and 67 percent of employees in average organizations are either not engaged or actively disengaged. What is the cost of this disengagement to the U.S. corporations, you ask? About $292-$355 billion annually, according to Gallup. What gives? Why is there such disconnect and dissatisfaction with the work we do? We spend the largest portion of our wakeful moments at work; if these precious moments are spent in emotional detachment, it speaks volumes about our quality of life. The way the corporations “run” their business with the “profit first” philosophy ignores the fundamentals of human nature. When people have the opportunity to develop trusting, caring and mutually supportive relationships and form a sense of community with the people they work with, they have a stake in the outcome of the individual and team performance. When this is lacking, however, it becomes “just a job that pays the bills.” They will trade their bodies and time for the paycheck but not their hearts and souls. Contrast this with Martha’s story — a clear example of what “employee engagement” looks like in everyday life. I’ve been honored to work for a short time with breast cancer awareness charities. I can’t get one particular lady, Martha, out of my mind. She was the most pleasant, vibrant, and positive woman that I’ve ever met. She was a volunteer; she didn’t make a dime from her work but somehow you knew her sentiment was worth more than a paycheck. She helped, she advised, she rolled up her sleeves, she marched, raised money and answered the phones when needed. Martha was the perfect employee who wasn’t hired. I couldn’t help but think about why more people like Martha weren’t actually working at a for-profit company. How can we bottle her incredible attitude and infectious optimism? Why is the nine-to-five worker largely unhappy and disengaged from work while this unpaid woman is eager to get to work every morning? Why? There is clearly a lack of meaning and passion, lack of relevance, in their jobs, compared to Martha’s. Everything Martha did as a volunteer had meaning and was fueled by inspiration. She had beaten the breast cancer that took her mother. Her motivation was not only personal but positively vengeful. After seven years of intense chemo, losing all her hair, her confidence and her marriage, she had one chance left. The chance came in the form of a little known alternative cancer treatment used widely in Asia. She traveled there as a last resort, and this became her saving grace. Now back in the U.S., Martha had made it an obsession to have alternative remedies approved by the FDA, so other woman can have access to treatment options. She is passionate and unrelenting. She squeezes more productivity out of one day than most people do in a month, because she found meaning for her remaining days here on earth. When your work makes a difference in the world, you will never fully grasp its true influence. The magic of passion is that it lights the passions of others in areas outside of your purpose. When was the last time you saw someone doing something with such passion and intensity that you could only think about what lies dormant in your own life? Martha not only affected those passionate about research and development of cancer treatments but also lit the fires of anyone whose dreams were covered by hesitation and disbelief. The point is this — when you find meaning in your life’s work and lean into it with all that you have, others cannot help but be inspired and lean into their own dreams. When corporations can replace process with passion, and re-engineer the workplace to sustain a culture of caring and trust, there is much better likelihood that employee engagement statistics will improve and so will their bottom-line.

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Liz Ryan: The Sopping-Wet Supervisor (a Leadership Lesson)

March 28, 2012

I worked such long hours that spring that I told Michael not to wait if he got hungry, just to go ahead and eat dinner by himself. The company I worked for was growing like crazy. We were hiring people every day, and I had a new crop of people in new-employee orientation every Monday. I could hardly remember their names, much less their stories. The forty or so hiring managers in the company were on me like white on rice, as my Arkansas father-in-law would say: where are the candidates? Where’s that background check, and that offer letter? I was having fun and going out of my mind at the same time. One Thursday I left the office unusually early, for me — around 6:15 p.m. I figured if I stopped at Flavorland, my favorite Indian take-out place, I could get to our condo in Rogers Park and surprise Michael before he started making something to eat alone. As I crossed the parking lot a huge clap of thunder boomed. When I turned the key in the ignition, sheets of rain started falling. Man, I hit that right, I said to myself. I would have been soaked if the rain had come any sooner. It was raining so hard by the time I came out of the parking lot, I could hardly see with the wipers going their fastest. Traffic was backed up in every direction. I inched forward as the traffic and the rain allowed. Through the downpour I could see someone walking on the sidewalk, alongside me. It was almost too dark to make out a face. Then she stepped into a bus shelter and I could see her clearly. It was a young co-worker of mine (Lia? Alissa? I couldn’t remember) from Tech Support. She was in her mid-twenties, a little younger than me. The girl from Tech Support was completely soaked from her short walk, drenched to the bone. I was stopped in traffic in the rightmost lane. I pushed the button to open the window on the car’s passenger side. “Get in, Lia!” I called. She saw me, and startled. She took a step toward the car. “I’m sorry, I forgot your name,” I said. “I’m Liz, from HR. Please get in!” The girl’s name was Elise. We started driving, not that the rush-hour traffic allowed much movement. Elise was soaked to the skin. “I’m sorry, I don’t have a towel or anything,” I said. “Put on my sweatshirt, at least.” I had a company-logo sweatshirt in the back of the car (what HR person doesn’t?). She didn’t put it on. “So,” I said, as we moved ten feet or so per minute,”what’s new in Tech Support?” Elise was the Tech Support department administrator. “It’s busy,” she said. “Crazy times, such fast growth in the company, eh?” I said, and moved to turn on the radio. Elise was silent. The poor thing is embarrassed, I thought. She’s sopping wet in my car, and I hardly know her. I realized that I didn’t know where were were headed. I was still driving toward my condo in Rogers Park. About to turn to her and ask “So, where do you live?” I realized that Elise hadn’t said a word since “It’s busy.” I turned my head two degrees to look at her, the poor thing, sopping and cold in disgusting early-spring, cold-rain rush-hour suburban-Chicago traffic, and saw her face screwed up. Elise let out a breath, and sobbed. “Hon!” I said. “What’s wrong?” I took a turn off the main road and pulled into a strip mall parking lot. “What is it?” “It’s our temp,” sobbed Elise. She was shaking, gulping air between sobs. I tried to remember – yep, we’d put a temp in Tech Support a month or so before. Natalie? Natasha? I didn’t think I had met her. “What’s going on with the temp?” I asked. Elise choked out the story. Tech Support was slammed, hiring new people every week. Elise got them set up with passwords and manuals and training sessions. She answered their questions, and made sure the unhappiest customers got their phone calls returned. She managed the director’s schedule and put together the staff meetings. Elise was slammed with work, and so was her director, John. John had asked her “Should I get you a temp for a while?” and Elise had said “Please!” A month in, she wasn’t sure she had done the right thing. “Natalie is wonderful,” said Elise, calming down. “She’s smart. She tries really hard. She’s a single mom. She is such a good person. I really like her. It’s so hard — there is so much information, and it changes so fast. John isn’t happy with her. He asks her to do things, and he doesn’t realize that what he’s asking her to do requires more knowledge than Natalie has. She makes even more mistakes because she’s so keyed up. I’m so afraid! If Natalie doesn’t get up to speed in another few days I know John is going to terminate her. It’s my fault! I don’t know how to help her. She’s desperate. I’m a nervous wreck. John isn’t happy with me, Natalie is depending on me and I don’t know what to do.” Elise was silently crying now. We sat in the dark car in the cold parking lot with the rain sluicing down on us. “It’s going to be okay,” I said. “I’m so glad you said something.” “I can’t sleep,” said Elise. I thought, My god! I have supervisor training going on in the conference room every week. Elise could have been there, talking about topics like Natalie’s new-hire training, but I never thought to ask her to come — she’s not a supervisor, officially. I felt very sad, and very guilty. “Can you take on the project of re-training Natalie, with my help?” I asked her. “Can you have the conversation with Natalie, to make sure she’s on board and willing to work hard? Can you have the conversation with John?” Elise said she could. We talked in the cold car in the dark. I asked “If you were starting the job all over again today, Elise, what would you want to know first?” She said, “I would want the answer to the question ‘What does the company do?’” I had a notepad in my car. We wrote a training plan for Natalie. Day One, what does the company do? Let’s read these brochures together. Here’s a short coaching assignment — describe our business in your own words, and tell a story about a person using our products. Day Two, what kinds of things go wrong with the products, or get our users confused enough to call Tech Support? What kinds of problems are easy to solve, and which ones get escalated? We talked about return authorizations and call tags and troubleshooting scripts. We started with the big picture, and worked our way down. By the time the rain stopped, we had Natalie’s 15-day training program sketched out. “What do I do now?” asked Elise. “Type it up, walk through it by yourself and see if we’ve missed anything,” I said. “When you have time, stop by my office and we’ll fine-tune it. Now, sleep!” We drove to Elise’s house. I gave her a hug across the driver-side-passenger-side divide. “I am so sorry that you had all that stress on you, all month,” I said. “Thank you for talking about it,” she said. Meeting Elise in the rain was a huge HR and leadership lesson for me (and Natalie came through her one-on-one training program with flying colors, no surprise). I realized in the wet car that night that people like Elise want to care about their jobs; they want to take responsibility for other people and make a difference. People like Elise have huge amounts of compassion and concern and emotional energy to bring to their jobs. All we have to do as managers is let them do it. All we have to do is get out of their way and allow them to be significant, the way Elise became so significant in Natalie’s development and the growth of their department. I might have passed Elise in the hallway 10 times in the month since her mentoring crisis had begun, but I wouldn’t have gotten the story if I hadn’t run into her in the rain, at a vulnerable moment. I need to listen more closely, I realized. I need to ask more questions. The last thing I expected to chat about with my co-worker on our way home from work was her stress — trauma, really — over the fate of another employee (a temp!) and her own role in Natalie’s success or failure. People bring that energy and concern to work because people are wonderful, when we let them be. In HR and as all kinds of leaders we have a huge opportunity to tap that energy and those good instincts, just by respecting people enough to allow and expect them to rise to the occasion the way Elise did. It isn’t that hard to do, is it? We just have to drop the frame that says that employers run the show. Employers don’t. Rules don’t, and policies don’t. Smart and switched-on, caring people and their boundless, amazing individual and collective mojo do — but you’ve read this far, so you already know that.

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Penny C. Sansevieri: How to Market Your Fan Page With the New Facebook Changes

March 27, 2012

Starting on March 30, Fan Pages on Facebook will be undergoing big changes, and if you aren’t sure what’s going to happen to your Fan Page you should know that the changes are pretty significant. I’ve asked our Facebook expert Amy Porterfield to share some insights into these changes. First up, Amy can you tell us what the biggest difference is with the new Fan Page changes? Here’s the thing, it is no longer about the number of Likes. Just because you have a lot of Likes, a lot of fans, doesn’t mean you’re going to have success on Facebook. If you want bottom-line results you must create ways to keep fans coming back for more, collect leads from quality fans and get them to take action inside and outside of Facebook. With all the new changes, Pages are now more visually stimulating, which means that you can actually get more engagement just by the fact that there’s a new layout on your Facebook page. To couple that with some of these strategies we’ll talk about in this blog post, you’ll have some surefire ways to get more action from your Facebook fans. A lot of people are concerned that their Welcome Tab is going away and there’s a new cover photo that some businesses are already using, can you tell us about that? You bet. First let’s go over the Timeline Cover Photo. Here are some specifics about these changes. As you probably know, on March 30 your page will change to the new timeline cover layout. You can change it over now or you can wait until March 30. What’s going to happen is when you do change over to the new timeline layout you’re going to have a big cover photo on the top. That big cover photo is a great opportunity for you to brand your business. First of all what you need to know is the specs for that cover photo are 851 x 315 pixels. I know 851 is kind of an odd number but the closer you get to that, the crisper your photo is going to be, it’s not going to be blurry or it’s not going to be stretched too much or whatever. Also, you have a new profile image. Here ‘s an example of Coca Cola’s page where you see the little profile image on the left. That image is 180 x 180 pixels. Here’s the frustrating thing about these new timeline covers for pages. There are a lot of restrictions. You can see these right on the Facebook Blog, too: Facebook says that you cannot include price or purchase info, such as 40 percent off or Download it at our website, you can’t put that type of information on your cover photo. You also cannot include contact information such as web address, email, mailing address or any other info intended for your About section on your Facebook page. You know we all have that About section where we can give details of how to reach us. They don’t want that type of information on your cover photo. In addition, you cannot reference a user interface element. What that means is you can’t say “Like” or “Share” or any other Facebook site features. They don’t want you to say Like our page or Share our information on Facebook on that cover photo. No calls to action, which is the hugest bummer. You can’t do “Get it Now” or “Tell Your Friends” or “Sign up here” or “Go here to get more info,” you can’t do any type of call to action. Facebook says that the cover timeline photo is not meant for promotions, coupons or advertisements. They also say that the cover photo should not be primarily text-based or infringe on anyone else’s copyright. As you can see, these timeline restrictions are pretty strict. There are a lot of things that we cannot do on the timeline cover. Here are some examples of what other companies have done with their cover photo: www.facebook.com/social.fresh : They have a really cool image, it’s colorful, it catches your attention and it makes things interesting on their page. You could just go with an image and do some type of creative branding like they’ve done here. www.facebook.com/CaptainMorgan : Or you can do what Captain Morgan does, and they’ve basically expanded their brand. www.facebook.com/AmyPorterfield : With mine, I set it up to be more of a list building opportunity. I will say I know that I’m walking the line with this experiment here. I promoted my webinar on my cover photo. I’ve heard that they have taken people’s cover photos down and you’ve had to fix them and replace them. I haven’t heard anybody losing their Facebook page over this but do what you feel most comfortable with because I don’t want to get you into any trouble. Facebook is rolling out something called Applications, or Apps, can you speak to that? Along with the timeline cover photos being a huge change on Facebook, Facebook has also changed how we use tabs. Tabs used to be on the left column of our Facebook page — now tabs are called Apps. Tabs and Apps — those words are pretty much interchangeable right now. It’s your custom page that you can create inside your Facebook page. The specs for these custom apps are now 810 pixels wide which really allow you to do so much more with your custom pages inside Facebook than you ever could before. I’m going to show you some examples of this. In addition to that, Facebook has also allowed you to create thumbnails to highlight your different applications. You can create thumbnails that have an image on top of them. That image could be 111 x 74 pixels, kind of a weird number but trust me, these are the best dimensions to make your images look really great. You cannot have thumbnail images on top of photos, videos, notes, Likes and events. Those application boxes cannot be changed. Also you can move around your thumbnails and you can have up to 12 applications on your Facebook page. If you go to my Facebook page, right below my cover image you’ll see my applications and you’ll only see the top four unless you click that button on the right, then it will be a drop down and you’ll see the other four. What’s cool about this is I was able to create custom thumbnail images for the three you’re seeing right there on top and the two on the bottom; Social Media Updates, Free Video Series, Webinars, those are all thumbnails that I created. I created the jpeg image, then uploaded it. There are some strategies for thumbnails that I want you to think about: Create a reason to click inside your thumbnail — as you saw, I have Social Media Updates, Free Video Series, these are things that I know my ideal audience will find valuable. Get strategic with the three apps above the fold — those three that you saw next to the big thumbs up; those three you can move around. Make sure those are the best three you have on top because until someone clicks that blue arrow to the right that I showed you, they won’t see the ones below it. Rename the app itself, and you should think in terms of getting your fans to take action. There’s a lot you can do with the Applications or Apps, and we’ll talk about that in part two of our Facebook Fan Page Marketing strategy session with Amy Porterfield. About Amy: Amy is the co-author of Facebook Marketing All-In-One for Dummies and a Social Media Strategist for entrepreneurs and small businesses. With 12+ years marketing experience, Amy has worked with mega brands like Harley-Davidson Motorcycles, along with Tony Robbins International where she oversaw his content marketing team and collaborated on multiple online marketing campaigns. She currently creates online programs to teach entrepreneurs and small businesses how to leverage social media to gain greater exposure, attract quality leads and turn their fans and followers into loyal customers. To learn more about Facebook and social media for your business, check out Amy’s blog. www.amyporterfield.com .

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Donna Larner Lavery: Extending the Olive Branch: Consumer Conflict Resolution — US Bank

March 27, 2012

The illusion within our system of being able to care for ourselves and our family’s well-being, health and safety is begging my consideration this week. Until people demand community rights as citizens joining collectively with others in our democratic process, to change anything that may arise to challenge our health and safety, we will continue to have our homes and communities fall prey to big business and government. Certainly within our own community, I felt it was vital for us to participate and get involved. What I am finding, even in Boulder, Colorado, when large agribusiness want GMOs to be planted on a fraction of open space land, they come out in a full court press to commandeer the public proceedings away from the locals. And you know what? They — Monsanto, Syngenta and Bayer, along with our elected officials — have made a sham of our political process here as they take their brand of politikin’ all over this land. As municipalities continue going broke, they succumb to the highest bidder in obtaining money to continue operating. We all know who the highest bidders have been and continue to be. JP Morgan, for one, is making huge loans to local cities — and those loans come with a price. Oil and gas exploration companies are buying drinkable “access” water from municipalities because they will pay a premium to obtain it for their use in fracking. They need huge volumes of water, which they mix with five hundred or so highly toxic chemicals, forcing this sinister concoction of poisonous sludge deep within the earth below the drilling site to coax the gas to the surface. The remnants of this slurry mess are then trucked to a toxic landfill site. Another example of corporate environmental rape: GMO crop proliferation by companies that have a revolving door into the very agencies within the government that are supposed to either regulate and/or legislate them. The bottom line: everything is for sale in America. But, are we, as individuals, for sale too? Or can we find our commonalities and come together to work together for our health, safety and well-being? Can we champion the efforts of those who are attempting to work within the system to bring about small course corrections? Think about what many small course corrections can accomplish over time. In just a few blogs here, we have already been able to collect and/or save our readers $93,300! And we do it gently, one reader at a time. In this blog, I hope to assist you in resolving your consumer issues. Please email me at help@thelistonradio.com Explain in your email (in no more than about five sentences) what your issue is, the company in question, and what resolution you’re after. If I email you back about your issue, please respectfully get back to me in a timely fashion for follow-up correspondence. I will work on fixing your legitimate consumer issue — insurance, healthcare, phone or cable service, construction, automotive repair or purchase, elder care, child care, real estate, banking, airlines, travel, hotels… in short, purchases of product and/or services of just about any legal sort. Example: Tim is a holistic dentist living in a small town in northern California. He entered his local US Bank branch to deposit some checks on December 15, 2009. As he was standing in line about three feet in front of the teller, he was shot in the back of the head by a gunman who had entered the bank from behind. The bullet exited near his ear, taking out a portion of his lower ear lobe. He fell forward hard onto the tile floor. That is where most of his damage occurred, as he sustained five skull fractures. The teller was sprayed by his spinal fluid and fragments of bone. Another customer of the bank, an elderly woman, was also hit in the wrist as she put her arm up. One of the tellers was also hit by a ricocheting bullet as the gunman continued shooting the place up for nearly three hours. I have been told the gunman was a disgruntled US Bank customer who lived as much as one hundred and fifty miles away. He took public transportation to get there that day and carried a couple of handguns and hundreds of rounds of ammunition. I have been told he was angry because he felt the employees at this branch had messed up some paperwork that caused his vehicles to be repossessed in a foreclosure by the bank. My primary question to US Bank is, why haven’t they stepped forward and assisted those customers that have been victimized within their facility? Isn’t that the reason we carry insurance? I also asked whether the gunman was a customer of the bank, because “an unforeseeable criminal act” leaves questions about how the bank handled his issues prior to his perpetrating this desperate act. In Tim’s case, he was admitted into the ICU and a cat scan was administered. He refused to take much of what the hospital was trying to administer for pain, trauma, etc. Instead, he had his wife bring him his natural products that he knew would assist him. He checked himself out of the ICU approximately forty hours later. The hospital bill was roughly $100,000 (to save you the math, that’s $2500 per hour). He continues to deal with dental issues and vertigo. Tim had no medical insurance. I asked Tim: in a perfect world, what would he like US Bank to do? He said that he would like to see them take more stringent measures to protect their employees. He cares about these people, as he sees them often in his small town. Additionally, of course, he would like the bank to cover his medical expenses. Is there anything unreasonable about this man’s requests? Wouldn’t each of us expect the same? Due to pending litigation, US Bank cannot comment on this case. However, they have stated that there was an insurance claim, yet it was denied. If that’s true, is US Bank simply going to let its insurance company dictate terms? What about taking the insurance company to court? No one at US Bank will say. Tim, the shooting victim, has no recollection of the involvement of any insurance company. He sent the bank a demand letter for his medical coverage and was told this was an unforeseeable criminal act and, therefore, the bank is not liable. Tim’s one-man-office attorney could not continue to take this case into litigation, because he couldn’t afford to take on the bank with its deep pockets and its many corporate attorneys. Tim, representing himself, filed a lawsuit at the eleventh hour, after nearly two years, in order to procure his statute of limitations protection. A hypothetical question: If Tim had not possessed extensive homeopathic knowledge, would that hospital bill have been even higher? Perhaps hundreds of thousands of dollars? And even if he had medical insurance, would the usual twenty percent not covered add up to some incredible amount owed? What do you think about this case? Do you think the bank is responsible for covering the expenses of those customers injured while conducting business in their establishment?

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Jamie Tolentino: By Implication Talks About Their Filipino Startup Journey

March 27, 2012

Being an entrepreneur in the tech industry is not a common path to take for young graduates in the Philippines, where I’m originally from. However, following their Microsoft’s Imagine Cup 2010 win, the By Implication team seems to have entered the Filipino startup scene. I decided to interview them because I thought that what they are doing is really admirable. Amidst the country’s lack of infrastructure and support for the Filipino startup scene, they have chosen to press on and follow their dreams. What’s really cool is that they also come from different backgrounds as well. Hopefully this interview will inspire more startups in places where startup culture is not yet big. 1) Who are the guys behind By Implication? How was By Implication born? by Implication began as a group of high school friends who liked talking about games during breaks. We talked about the things we liked to see in the games we played, and about the games we’d make ourselves, if only we could. Eventually we started fooling around with programming and art for games, but our experiments left much to be desired. We ended up going to different universities, and taking up different courses, but we never lost the desire to make games. We eventually decided to get the group back together to join Microsoft’s Imagine Cup, represent the Philippines, compete with over 400 teams around the world, and win first place in 2010′s Game Design category. Our win convinced us to get into the game and software development industry full-time, and formally found by Implication as a company. We’ve since grown our ranks a little, having recruited the very best of the best from all over (our relatively small network of friends). Background-wise, we’re sort of a weird bunch. From left to right: Pepe Bawagan, Meggy Kawsek, Jim Choa, Levi Tan Ong, Wil Li, Philip Cheang, Kenneth Yu, Thomas Dy and Rodrick Tan Kenneth , for some reason, took up economics and business management in La Salle, even though his brain’s wired to be a writer. Despite the apparent dissonance, he managed to come away with some base-line managerial skills, so he now serves as the team’s project manager/producer, writer, odd-job-completer and ninja-slayer. Levi has a degree in chemical engineering from UP Diliman, but works as a game artist, UI designer, game designer and a whole bunch of other roles not related to chemical engineering. Because of his engineering background, he is one of the few people who (barely) understands Wil when he descends into higher mathematical discussion. Philip has a degree in information design from Ateneo, a course in the Fine Arts Program, but he has always been technically-inclined. What might seem like an odd combination has worked well in bridging creative direction (with Levi and Kenneth) and technical constraints (with Wil and the rest). When not working with Levi on UI assets or game design, he helps decide on art, product, and technical direction. Wil took computer science in Ateneo. Not happy with the lack of mathematical background, which caused… unpleasant experiences when trying to parse computer graphics research papers, he also took mathematics in the same university. He’s the team’s main programmer and does the mathematical modeling part of game design/balance (i.e. conjuring functions that dictate how various parameters should behave). Jim took up computer science in Ateneo, but is one batch lower than everyone else. Unlike Wil though, he has some (un)natural aversion towards higher math and did not take up higher Mathematics. He’s also the other game programmer in the team and handles general gameplay programming and AI. Thomas also took up computer science in ateneo. Not having a Mac or game development skills, he handles most of the non-iOS and non-game programming. Meggy graduated from Ateneo with two BFA degrees (Information Design and Creative Writing) but has her heart in making pictures move. She helps out with the team’s design-related work, project management, game art, and animation. She’s not sure what to feel about being the token girl of the group. 2) What does By Implication offer/do? We make games, mostly. We also make applications and other things, when we get ideas that we think people will find useful. So far, we’ve got three games out for people to play. We’ve got an award-winning social-action simulation game out for the PC called Wildfire. We also have Scram, a first-person atmospheric running game for sale on the iOS App Store. We also made a game called Escalation!, which is available free for Samsung’s old bada phones. We have a good number of other cool things in the pipeline, but we’ll talk about those a bit later. We’ve also done some consulting/client work for some innovative Filipino startups, but we can’t really talk too much about that until the products themselves are out. (But do stay tuned!) Occasionally, we’re asked to talk at schools and seminars about making apps, putting together a development company, and other stuff. 3) Do any of you have a comp sci background? Yes, our programmers come from computer science educations. Funny thing is, computer science courses in the Philippines are rarely ever enough to get you ready for a heavy game or application development career; all our programmers have had to do a significant amount of self-teaching to get to where they are now. The rest of us (the artists, designers, and the one lonely manager) have varying degrees of self-taught computer science knowledge, but not nearly as much as our programmers. 4) Why did you guys choose to set up your own company instead of going the traditional go work for a big company route? Well, we really wanted to make games and original Filipino content. Thing is, there aren’t really a lot of places to do that in the corporate setting over here. There are several software and game development studios here. A good number of these are doing pretty interesting stuff, but many do primarily outsourcing work. Some of us were actually trying to convince ourselves to just make games on the side, and take a full-time corporate job, but we couldn’t bring ourselves to do it. Some of us also theorize that we would probably lose our minds working for a big corporation, anyway. The early-morning commutes alone would probably be enough to shatter our fragile senses of self. 5) Where are you guys currently based (office wise)? The Internet. It’s really got the best rental rates currently available. Physically, though, we’ve grown the ability to set up an HQ and start working nearly anywhere. We’re all laptop users, so this is actually pretty easy. We can work in cars, vans, planes, buses, and over plates of dinner. It’s sort of good for our brains, too, because there is nowhere we can go to be safe from work! When we don’t feel like nomads, we work in an office near Camp Crame, or at one of our major clients’ offices, on Pasong Tamo Extension. This is all in the Philippines, of course. 6) Whats the culture like at By Implication? It’s… weird. We’re a bunch of mind-linked, workaholic obsessives. We don’t really keep regular work schedules (because, well, it’s not as if our natures would allow us to slack off, anyway.) We also don’t really like hierarchies or work protocols, or office-style processes and politics of any sort. Everyone working on a project has an equal say in decision-making, whether he or she’s been working on the project forever, or has just come aboard two days ago. 7) Would you say that you enjoy being colleagues with your best mates? Yes, it’s pretty great. We’ve been hanging out and talking about games for over eight years now, maybe. After you’ve been friends and co-workers with someone for that long, you tend to develop a better sense of how the other person thinks, and how your work can complement his, even how he’d respond when confronted with a particular problem. As we mentioned earlier, this has allowed us to develop sort of a hive mind within the company. This works quite well for assuring that everyone’s always on the same page. 8) What are you currently working on? As we mentioned earlier, we’ve got a lot of projects in the pipe (this is possibly why most of us are always twitchy and sleep-deprived). We’re working on a comics distribution platform for Philippine authors, artists and readers. It’s coming along pretty nicely, and we’ll probably be releasing more news on that one soon. We also recently came up with this new idea for an art utility app. We’re developing it both as an internal tool, and as something that we can sell to other indie game developers, to make an important part of the development of a certain type of game much easier. We’ve decided to fast-track development on this, and again, we’ll have more news on this soon. And, of course, we’re working on more games. One of our current long-term projects is a mind-bending topdown action game. Another one that’s in pre-production is an expansion of a fun, frustrating multiplayer game we were able to come up with during the recent Global Game Jam. We also have a dungeon crawler, a strategy game, and a martial-arts combat game in the pipe, but those are a little too far off for us to talk about just yet. 9) Any future projects/plans/goals? We want to make more games! And more applications! And sell more stuff (of course)! Our goal has always been to raise the bar for game and application development in our country, and to hopefully become a respected name in the global game and application industry. That’s what we, as a group, want. We’re not so sure about our project manager, though. We hear he just wants to grow up to become a Tyrannosaurus Rex.

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Karen Steuer: Where Have All the Farms Gone?

March 27, 2012

During the past 50 years, animal agriculture has gone through a seismic shift in the United States. Long gone are the iconic scenes of American landscapes dotted with family farms and red barns. Most of these have been replaced by industrialized facilities controlled by large corporations that rely on concentrated animal feeding operations (CAFOs). In this system, cavernous warehouses crowded with thousands — even tens of thousands — of animals form the equivalent of an agricultural assembly line. And independent farmers, once the cornerstone of rural America, struggle to compete in a marketplace dominated by a few big corporations. As large corporations (known as integrators) have applied an industrial model to farming, they have also generated a host of new problems. The CAFO model relies on three interlinked practices in order to increase profits: Maximize the number of animals squeezed into the least amount of space and require the fewest number of employees to provide care. Administer continual doses of antibiotics to the animals to prevent the diseases prevalent in their close-quarters housing. Minimize the disposal cost for the substantial volume of animal waste produced by the facilities. These practices may turn a profit for the big corporations, but they are disastrous for human health and the environment. Up to 1 billion tons of manure is generated by livestock operations every year, much of it from CAFOs. In some cases, the waste is stored in large lagoons or open piles that can leak or spill into adjacent land and water. In other cases, manure is liberally spread on fields in such overwhelming concentrations that soil and crops often cannot impede all of the nitrogen, phosphorus, and pathogens from reaching public waterways. The mishandling of manure has resulted in contaminated drinking water sources for 40 percent of the U.S. population in recent years, according to Environmental Protection Agency estimates. Tainted drinking water, destruction of fish and other aquatic life, and polluted recreation areas, however, are just part of the damage caused by CAFOs. Countless independent farmers have been pushed out of business. Millions of animals have been confined to crates or cages and subjected to inhumane practices. The human health threat of antibiotic-resistant infections continues to rise. And the corporate integrators have largely been insulated from regulation, transparency, and requirements many other industries must follow with regard to pollution. Shortly after the Pew Commission on Industrial Farm Animal Production released a groundbreaking report on this topic in 2008, the Pew Environment Group launched a campaign aimed at reforming this sector of agriculture. Pew is working to address these challenges by securing effective, sensible government oversight to protect water resources and human health; urging the industry to change its practices; and building public awareness of the problems. During the next several months, I will use this series to describe the environmental concerns associated with CAFOs, the impact on independent farmers, the industry’s resistance to change, and how this issue affects our quality of life in the United States. For more information and to take action, please click here .

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Timothy A. Ridout: Satellite Security Requires More Rules, Not Fewer

March 27, 2012

Satellites are crucial to modern life. We rely on them for civilian uses such as TV, Internet, ATM banking, GPS, agriculture, and weather forecasting. On the military side, we use satellites to guide munitions, operate drones, gather intelligence, and monitor enemy movements. Unfortunately, satellites are increasingly threatened. Earth orbits in which satellites operate are becoming cluttered with debris. As the number of operational satellites increases, competition for orbital “slots” is intensifying. The military uses of outer space also mean that space-faring nations are eying each other warily as they work to “harden” their own space assets while simultaneously developing new ways to destroy or incapacitate those of potential adversaries. This intensified competition has led to a debate about how to ensure that outer space remains viable for productive use. Russia and China have proposed a treaty that would ban the deployment of space weapons and prohibit the threat or use of force against space assets. The Bush administration pursued a policy of U.S. space dominance , but the Obama administration has since reversed this in favor of a cooperative multilateral approach. In January, Secretary Clinton indicated that the United States would work with the European Union in developing an International Code of Conduct for Outer Space Activities . In their recent op-ed in the New York Times , John Bolton and John Yoo advocate a return to Bush-era unilateralism, supporting near-absolute freedom of U.S. action in space. They begin their argument with the false claim that “The Obama administration recently declared that America would follow, though not sign, a European Union code of conduct for outer space.” In reality, the administration has agreed to work with the EU on creating a code of conduct, but it has explicitly refused to follow the EU code of conduct as it stands, saying that it is too restrictive. Aside from this inaccuracy in their argument, Bolton and Yoo’s opposition to greater cooperation in outer space is worrisome. The kind of muscular, unilateral policy that Bolton and Yoo advocate would encourage unrestrained anarchy in a fragile environment. If the U.S. acts as it pleases, other countries will do the same. Without efforts to coordinate traffic or restrain dangerous behavior, outer space will remain in the kind of anarchic limbo that led the Chinese to conduct an anti-satellite test against their own weather satellite in 2007, destroying it and creating a lot of debris in the process. Russia and the United States have had the capacity to destroy satellites this way since the 1980s. The Chinese test could have been avoided if there were a clear norm discouraging such behavior. Additionally, a more cooperative atmosphere would have reduced the security concerns that created a perceived need for a show of force in the first place. A non-binding code of conduct of the sort proposed by the European Union in 2010 is currently the best way to improve outer space security. A treaty banning space weapons is not realistic both because defining a “space weapon” is infinitely difficult given the dual-use nature of space assets, and because there is little political will for a new outer space treaty. Broad principles are already outlined in the 1967 Outer Space Treaty , which ensures the universal right to peaceful use and extends international law to outer space. What a code of conduct would do is clarify specific norms and best practices. Article I of the Outer Space Treaty — to which the United States and 100 other states are party — establishes space as “the province of all mankind,” adding that it “shall be free for exploration and use by all States.” In this sense, outer space is roughly analogous to the high seas: free for all to use for peaceful transit. In the maritime case, a broad set of rules and standard practices have developed over centuries, providing guidance on issues as mundane as which ship has the right of way in given situations. Without these international norms governing maritime operations that enable the safe transit of ships all over the world, global commerce could grind to a halt. Of course, the physics in outer space are quite different. In the event of hostilities or accidental collisions at sea, destroyed ships and debris will sink to the bottom of the ocean. In outer space, debris in lower orbits could be pulled into Earth’s atmosphere in maybe 25 years. However, debris in higher orbits can last for centuries, endangering any space assets seeking to use those orbits. The speed at which objects in orbit travel means that even a marble-sized piece of debris could destroy a satellite. As of yet, there is no cost-effective way to eliminate space debris, although some are trying . Aside from the threat of hostile acts foreshadowed by the Chinese anti-satellite test, mere negligence and lack of coordination pose a serious danger to the outer space environment. For example, if an operator does not maneuver a satellite into a useless “graveyard” orbit before it runs out of fuel, that satellite becomes a hunk of debris at risk of colliding with other objects (as occurred in 2009 with an Iridium communications satellite and a defunct Russian spy satellite). Clear rules and accepted best practices can help mitigate such threats. An outer space code of conduct would codify and strengthen emerging norms such as those outlined in the Space Debris Mitigation Guidelines , a set of best practices formulated by the world’s major space agencies. Whatever the specifics of a code of conduct or other agreements may be, developing norms and promoting a cooperative framework are in the U.S. interest. With nearly half of the roughly 1,000 operating satellites , the United States has the most to lose. We must emphasize collective traffic management and condemn the initiation of hostilities in outer space rather than supporting unrestrained freedom of action.

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Connie Dieken: Influencer of the Week: Apple’s New CEO Tim Cook

March 27, 2012

“Just do what’s right,” Apple’s co-founder Steve Jobs reportedly advised Tim Cook, his successor as CEO of Apple Inc. That’s how shift happens. Cook proved his inner boldness this week in a major shift with the late Jobs’ philosophy. He announced the company’s new dividend and buyback plan, essentially bringing sexy back to the musty old dividend. The quarterly check, one seen as taboo for tech companies, is now cool again. This is an extraordinary move for a company that is still in high growth mode. In the past, issuing regular payments to stockholders has signaled that growth mode is over and a company’s best days may be behind. Other sleek tech companies like Google and Amazon don’t pay a dividend. Cook begs to differ. And he does so with precision. During last week’s teleconference with New York analysts, he front loaded his announcement with influential buzzwords, such as: “We are innovating at an incredible pace.” “We’re building a tremendous ecosystem with apps and content.” “We’re expanding our footprint with new carrier partners and other third-party resellers.” “We continue to open stores, including 40 this fiscal year alone.” “We are investing in our direct enterprise sales force.” The last comment is another telling departure from Steve Job’s approach. Jobs famously loathed corporate IT buyers. Cook emphasizes their importance. Apple was hoarding a ridiculously large cash reserve — at last count, $97.6 billion — the largest reserve of any non-financial organization in the U.S. To put that number in context, Apple’s reserve was larger than the entire market value of 485 of the 500 companies in the Standard & Poor Index. The measure of any communication is the listeners’ response. Wall street responded by pushing Apple shares to a record $601.10 , its first-ever close above $600. And Cook’s message is also resonating with large fund families such as Vanguard and Fidelity, whose rules previously prevented them from including stocks that didn’t pay a dividend. They’re now able to include Apple in their funds. Sure, there are grumblers. Some analysts are disappointed with the size of Apple’s 1.8 percent divided. In comparison, Hewlett-Packard pays 2 percent and Microsoft pays 2.5 percent. But as Cook summed up his announcement, he noted , “Simply stated, we don’t see ceilings to our opportunities.” The same can be said about Cook. He appears to be fueled by an inner boldness to do what’s right — he delivered a compelling message that resonated with his target audience, and he gained their commitment. Like his predecessor, the late, great Steve Jobs who handpicked him, it appears that Tim Cook is a true influencer.

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Harvard Kennedy School Democrats: A New Name for Occupy

March 26, 2012

By Cassandra Nelson As Occupy activists take stock at the six-month mark and look for ways to make their movement sustainableby appealing to a wider audience, I offer one concrete suggestion: change your name. The Bush administration was smart enough to stay away from it. The war in Iraq lasted exactly six weeks — from the invasion on March 20, 2003 to the now infamous “Mission Accomplished” photo op on May 1 of that year. By that point, Iraq’s conventional armed forces had been defeated. What dragged on for eight more years was an occupation. Most Americans, though, thought of the conflict as Operation Iraqi Freedom or the War on Terror. Was it honest for President Bush and his staff to phrase it this way? Not entirely. Was it clever? Very much so. The word “occupation” suggests illegitimacy. It suggests force. It suggests a temporary and unfair arrangement. Occupiers in history don’t win: it’s the people whose land they occupied who are vindicated in the end. The Nazis occupied France. France once occupied Algeria. That’s not the side of the fight anyone wants to be on — not just because it’s the losing side, but because it’s the wrong one. The Occupy movement’s strategy up to this point has also made them look like squatters — squatters in front of buildings where people go to work and make money. And if there’s one thing a lot of Americans want to do right now, understandably, it’s to go to work and make money. They don’t want to sit in a park with people who perhaps don’t have the opportunity to bathe every day. It may sound glib and cruel, but living in a park is what homeless people do. I suspect that many people viewing the Occupy movement on television or in the news have made this connection, though not necessarily on a conscious level. Finally, the name Occupy suggests stasis, as if the goal were just to sit around in as many existing spaces as possible and point out what’s wrong with them. This spatially-oriented approach limits Occupiers’ agenda and also puts them on the defensive. They have to apply for permits; they have to shout over speeches others have organized; they have to explain their presence in a public space. It seems to me that the ones who really ought to be explaining themselves are the people who have turned the American dream into a nightmare. The people who have let the middle class go on thinking that hard work, strong will and a good education are all it takes to succeed in this country — that those elements alone are enough. On the one hand, maybe they never were. ZIP code, skin color, sex, religion, nationality and other factors largely beyond one’s control have long played a role in determining who succeeds in America, and how much. On the other hand, an individual’s chances for upward social mobility today are as good in the United States as almost anywhere on the planet. In between these two truths is a story of the ways in which the system has been increasingly rigged in the last half century. I don’t even pretend to know what happened exactly, but it had something to do with the growth of an increasingly complex, perilous and largely imaginary financial infrastructure; a decrease in government regulation of same; a cozy and mutually beneficial relationship between corporations and lawmakers; and trends in both executive compensation and federal income tax that can only be described as bananas. Fun fact: today, the richest people in America pay 35 percent of everything they make over $388,000 — or less . Under Reagan, they paid 50 percent of everything they made over $175,000. Under Eisenhower, they paid 91 percent of everything over $400,000. Ninety-one cents on every dollar above a certain amount! It’s admittedly a Gala to Red Delicious to Pink Lady comparison, but still telling. So even if we concede that the playing field was never perfectly level, and that it isn’t perfectly level in other parts of the world today, it remains safe to say that the opportunity of the average American to make a decent living — enough money, say, to raise a family, own a home and retire — has diminished substantially in recent decades. How we got here, and what we intend to do about it, is a conversation that we as a nation need to continue. To that end, I propose a new name for Occupy — a name that better expresses why people are upset right now, a name that appeals to everyone who’s not directly profiting from the unfair and corrupt system currently in place, and a name that puts those people responsible for the most incredible income inequality this country has ever seen on the defensive. Justify. Justify Wall Street. The Justify movement. It can be applied to any physical space or any institution, and it puts the pressure on the questionable party. On the CEO who makes an exorbitant bonus, for instance, or the Congressman who takes advantage of insider trading, or the local official who cuts education funding for the third, fourth or fifth year in a row. The image that the Justify movement would call to mind wouldn’t be its own supporters. It would be a split screen of sorts — with private jets on one side and food pantries on the other. It would be a picture of a yacht, alongside toys on the lawn of a foreclosed home. It would be the face of Stephen Helmsley, who took home $102 million last year as the country’s highest paid CEO , next to the face of an uninsured child . And it would ask how you can justify all of the things on one side of the screen when confronted with those on the other. It would cut through much of the current vagueness, apathy, and annoyance, and it would steer the conversation to what it’s really about: justice. Cassandra Nelson is a PhD candidate in English literature at Harvard University focusing on postwar American fiction. HKS Democrats leadership reviews and approves all op-eds that appear in this space.

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Terence Clarke: Butchershop Creative: You’ve Never Heard of Them

March 26, 2012

In American business, the mission statement is viewed as the core declaration that determines the course of a company. Much intellectual sweat pours from the foreheads of the leaders of businesses in their efforts to get their mission statement right. The trouble is that, in most companies, the statement ends up a somewhat colorless piece of business cliché. For example, the statement of one of America’s largest fast-food chains says this: “”To provide the fast food customer food prepared in the same high-quality manner worldwide, that is tasty, reasonably-priced & delivered consistently in a low-key décor and friendly atmosphere.” This statement plods. It is dull. After reading it, I would hesitate to enter one of their stores, for fear that their food would be as plain as their prose. But this sort of statement is the usual in American business. Any random sampling of the mission statements of Fortune 500 companies will be very similar in style. A San Francisco agency named Butchershop Creative has a different take on the mission statement. Here is theirs: “We promise to promote love forever and ever and ever. We are yours in partnership, in the total destruction of fear and disapproval. In the movement of love and joy, we celebrate success through the service of creativity and the annihilation of inner baggage that keeps us shut down, complacent, and afraid to move.” (L to R) Trevor Hubbard, Jackson, Misha Vladimirskiy, Aleksandr Vladimirskiy. Used courtesy of Butchershop Creative. Butchershop was founded in 2009 by Trevor Hubbard and brothers Aleksandr and Misha Vladimirskiy. I spoke with Hubbard recently, and asked him to elaborate on a remark he had made, in a previous conversation over coffee, that was almost a throwaway. Yet I had never heard it before, and wanted more detail. He had mentioned the importance of “passion and profession.” “When you’re young, it’s everyone’s goal or dream that, if you do what you love, you’ll have a life. Do what you love, and the money will come. But we were sold a little short on that, because it doesn’t mean you can sit back and relax. Doing what you love involves great participation, and to the degree that we participate, we formulate our values … our principles, and we find the things we love. And equally important, we find what we don’t love.” Most of us know what we are passionate about. But Hubbard reminds us that simple passion is not enough. “Many wonderful people fall short because they don’t understand the profession of it all. Any creative endeavor that you seek … you have to run it as if it’s your own miniature startup.” Actual startups are cool, in Butchershop’s estimation, because you can see the personalities of the people who founded them coming out in the startup businesses themselves. “That’s why you relate to them,” Hubbard says. “The best things are coming out right there, right in front of you.” Hubbard and the Vladimirskiys try to translate that notion into very real creative relationships with their clients. They eschew the idea of being the kind of company in which the client comes to Butchershop with a developed set of ideas and simply says to the crew — as the Butchershop team call themselves — “Do it!” What they like to hear is where you think you are, what your thinking is, where you think you can go, what roadblocks you are encountering, where things are going wrong. “From that,” Hubbard says, “it’s our job to cultivate a package that is a recipe for success, that emphasizes what we call ‘the main idea, the singular thing.’” After being in business for some time, Black Star Beer’s owner, Minott Wessinger, wanted to give the company a home, and he chose Whitefish, Montana. He built a brewery there sixteen years ago. Simple as that. No focus groups. They made good beer. They had a stellar re-launch in 2010, for which they brought in Butchershop Creative. “Minott did the singular thing,” Hubbard says. “Build the brewery and make the best product you can. If you want to sell that beer, then sell it yourself! Hustle, make it work, share the story.” Hubbard describes Black Star as nothing less than “an American tale. It is one person, one at a time, hand over fist, winning people over. It’s a struggle. It’s a journey. And that’s the kind of client we like.” Passion and profession. Butchershop seeks a 50-50 relationship with its clients. The client gives Butchershop the main idea, “and we give them our minds,” Hubbard says. Butchershop insists on a relationship in which they are not simply doing the client’s bidding. The agency was founded on the principle that “we say when, we say how much, we say how often, we say where.” “We’re not prostitutes,” Hubbard grins. “People want to work with us because we offer partnership. We try to understand where the client is coming from, and to provide an honest, no bulls**t solution that works for them.” There is, to be sure, an irony to be found in startup success stories. Growth can lead to bureaucracies that often lead, not so ironically, to a slowdown of real creativity. “All big companies started out quick and nimble,” Hubbard avers, “and the good ones don’t lose site of their original culture. They’re the ones that are wonderful to work with.” Few companies, however, when they are successful and growing, retain that quickness. “You have what I call ‘The Iceberg Syndrome,’” Hubbard says, his head shaking back and forth with considerable chagrin, “in which a company gets so big — still turning out good products, mind you — and somehow, somebody loses the reins, and they end up on an enormous iceberg, floating on the dark, deep blue.” Trevor Hubbard realizes the importance of this with regard to Butchershop itself. “We’re doing very well. And we could say in a clipped monotone, well, ‘we’re a boutique agency in San Francisco that specializes in design, innovative technologies…’ Things like that. But that has nothing to do with the annihilation of inner baggage or being shut down or afraid to move, like our mission statement says. It’s much more honest to say, as we do say, ‘Butchershop is the coolest company you’ve never heard of.’”

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Dean Baker: The Paul Ryan Rorschach Test

March 26, 2012

House Budget Committee Chairman Paul Ryan did a great public service when he released his budget last week. By throwing a piece of total garbage on the table and pretending it is a real budget plan, he allowed us to see who in Washington is serious about the budget and who just says things that will push their agenda. It is easy to see that Ryan himself could not possible be serious about the document he put out as “A Roadmap for America’s Future .” The Congressional Budget Office analysis of the plan, which was prepared under Representative Ryan’s direction, shows that all categories of government spending outside of health care and Social Security will shrink to 3.75 percent of GDP by 2050. This 3.75 percent of GDP includes defense spending, which is currently close to 4.0 percent of GDP, not including the cost of the war in Afghanistan. Representative Ryan said that he wants to keep defense spending close to its current level. This means that we have no money left to pay for the Justice Department, the State Department, support for education, roads and other infrastructure, the Park Service, the National Institutes of Health and all the other things that we expect the federal government to do. Essentially Paul Ryan is an anarchist who is proposing to shut down the federal government. This cannot be a misrepresentation of Representative Ryan’s agenda. He put out essentially the same budget last year at which point many people pointed out the fact that he shrank most categories of government spending to zero. If that was a mistake (albeit an incredibly foolish one) he has now had a full year to reflect on his error and redesign a budget to reflect his real priorities. Instead, he doubled down. In Representative Ryan’s 2012 Roadmap there is no room for federal funding for all the services that even conservatives expect the government to provide. Does the Republican right now want to shut down federal prisons and end border patrols as Representative Ryan’s budget implies. This is also not a case of pulling out long-term implications that have no serious meaning. It is a common and silly practice in budget debates to project out a trend for 75 or 100 years and show it leads to an untenable situation when everyone knows the trend will not continue for this long period. However Representative Ryan cannot make this complaint. He actually touts the budget surpluses that he is able to generate in 2040 and 2050 by getting rid of most of the government. His Roadmap budget document proudly compares his budget surpluses with the growing debt under the baseline path he attributes to President Obama. Even if the Roadmap lays out an absurd budget path for the years and decades ahead, Representative Ryan has nonetheless done us a valuable service with his budget. His proposal allows us to distinguish between people who are serious about budget and economic policy and people who are obviously a different agenda. Those who pretend that the Ryan budget is a real guidepost for thinking about the budget fall into the latter category. Foremost in this group is likely to be the various Peter Peterson funded groups — the Concord Coalition, Come Back America and the Committee for a Responsible Federal Budget — which last year awarded Mr. Ryan a “Fiscy” based on the commitment to fiscal responsibility in his 2011 budget plan. Of course many other prominent actors in Washington’s budget debate also applauded the 2011 Ryan budget for its serious approach to the country’s fiscal problems. These organizations and individuals may like Ryan’s plan to give more tax breaks to the rich by reducing the top tax rate for both individuals and corporations to 25 percent. They may be impressed by his plans to dismantle Medicare and Medicaid, and eventually Social Security. Or they may be attracted by his proposal to eliminate almost the entire federal government. But the advocates of the Ryan plan are obviously not thinking seriously about how to fashion a budget that provides basic social insurance and sustains a 21stcentury economy. By allowing the public to see clearly who is serious about the budget and governmental responsibilities and who is not, Representative Ryan has performed a valuable public service.

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Ed Lawler: Sustainability: It Should Be About More Than the Bottom Line

March 26, 2012

Going green can be profitable — that is the conclusion of multiple studies that have looked at the financial outcomes of corporate efforts to improve their environmental impacts. By reducing emissions, packaging materials, and waste, Walmart, Unilever, and many other companies have been able to reduce their costs and improve their environmental impact. This has led some to conclude that the best way for corporations to serve society and to operate sustainably is to focus on reducing costs and maximizing their profits. I think that this is a flawed conclusion. The alternative to this profit-above-all approach is a sustainably effective approach that focuses on the triple bottom line of people, planet and profit. Organizations that practice and integrate sustainability thinking put it into all of their operations — they do not just work on what leads to profits. They integrate sustainability into their very DNA, and everything proceeds from that. These organizations measure themselves in all three areas and structure and design their operations to perform in ways that have a positive impact on all three. Another huge difference is that sustainably effective organizations don’t look at green or sustainable initiatives as special programs — as mere window dressing. One-off social or environmental initiatives are not enough. A sustainably effective organization makes much deeper and more comprehensive organization changes. Sustainable performance is a part of everything the company does — from how employees are managed to the overall structure of the organization and how work is designed. It must be part of the company’s identity and embedded into every aspect of the organization. My recent book, Management Reset: Organizing for Sustainable Effectiveness , explains what organizations must do to make this happen. A number of CEOs see the value of the sustainable effectiveness approach, including Kenneth Chenault of American Express and John Mackey of Whole Foods. In fact, Chenault has said that in order to pursue profits, corporations must act in ways that protect and enhance the world we live in. Many organizations still have the “profit-above-all” mentality. They focus primarily or exclusively on the obvious financial gains that exist from doing the right things environmentally and socially. If they do something that does not immediately have a positive affect the bottom line, they usually deem it a philanthropic act and strive to get public recognition for it. The problem with organizations that adopt a bottom line orientation toward sustainability is that they only do those things that are visible and have a quick financial payoff. They do not go beyond them to search for practices and policies that make sustainable performance a core issue in everything the organization does. They look for cost savings and try to avoid fines, public criticism and other negative outcomes. They spread a good veneer over the organization, but they do not change the essential nature of the organization. BP had a long history of being fined for damaging the environment and having a high employee accident rate even before the Deepwater Gulf of Mexico explosion. Does anyone remember the company’s “Beyond Petroleum” marketing efforts? BP started a highly publicized green energy business in order to improve its image, but it did not alter its commitment to profits above all else. And it did not redesign itself to achieve triple bottom line performance. The “problem” with the sustainable effectiveness approach is that it takes strong leadership at the top of a corporation to put it in place and a willingness to live with the reality that at least in the short-term it may not be the most profitable way to run a corporation. Thus, there is the issue of why a corporation should commit itself to this approach. One reason for adopting the sustainably effective approach it is that if more and more corporations adopt it there will be less and less need for government intervention into the private sector. The most important reason, however, is that it will lead to a world in which all of us will enjoy a higher quality of life. Let’s hope more and more corporations and their executives see the world this way and commit their organizations to sustainable effectiveness, not just sustainability programs. Crossposted from forbes.com .

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Christopher Bergin: Payroll Tax Cut Extension: Just Another Quick Fix

March 26, 2012

Policymakers of both parties may be hailing the recent bipartisan extension of the current payroll tax cut, but it’s really just one more example of the short-term tax fixes to which lawmakers have grown addicted — and that are making our tax code an increasingly undecipherable patchwork of temporary provisions. House Republicans reached the compromise by dropping their demand for spending cuts that would offset the estimated $1 billion cost of the tax measure. Economists estimate that the average American family would have seen a tax increase of more than $1,000 per year if the temporary payroll tax cut had not been extended. The payroll tax cut effectively reduces the amount that the majority of Americans pay into Social Security on their first $110,100 in wages. And while most everyone can agree on the short-term wisdom of not increasing the tax burden on Americans struggling in this difficult economy, by underfunding social security, we are stealing from Peter to pay Paul. Consider this: According to the bipartisan Joint Committee on Taxation , 67 tax provisions will expire at the end of this year alone. They include a deduction for elementary and secondary school teacher expenses, a deduction for qualified tuition expenses, the Work Opportunity Credit and more. And then there’s the Alternative Minimum Tax, which lawmakers “patch” every year to prevent it from causing a huge tax increase on the middle class. The latest patch has already expired for this year. Even this current payroll tax extension is a fix for a temporary, two-month extension passed in December. Short-term “fixes” for these expiring tax provisions have consumed Congress and the White House, and have led to dysfunction, gridlock, partisanship and an inability to focus on bigger policy issues. Filling the tax code with temporary measures has also led to widespread economic uncertainty and volatility that leaves taxpayers in the dark about where to invest their hard-earned dollars for the long-term or how to run their businesses. Politicians are counting on the fact that the American public wants instant gratification and is more concerned about today than the potential long-term solvency of Social Security or the bill we are leaving our children and grandchildren to pay. And then, of course, there is the issue of our ever-growing debt, which, despite lip service from both parties seems to be an issue that neither Congress nor the White House can summon the political will to address. As we head down the final stretch of a presidential election year, one thing remains clear. Tax reform is not in the foreseeable future when all parties involved have ceded tax policy for tax politics. That is why we will continue to have a tax code that is unfair, un-simple, economically inefficient and mostly temporary. Oh, and by the way, Congress, the Bush tax cuts are set to expire at the end of this year. Better get to work on another quick fix. Christopher Bergin is President and Publisher of Tax Analysts and an expert on federal tax policy. He has written extensively on federal tax issues, worked in tax publishing for almost 30 years, and is frequently cited in national media as an authority on federal tax policy. He also blogs for Tax.com. This article is reprinted from the February 27, 2012 edition of The Hill.

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BJ Gallagher: Ten Tips for Finding Work in a Tough Economy

March 25, 2012

The good news is that the economy is officially over and the recovery has begun — we’re on our way back up — slowly, to be sure, but it’s moving in the right direction. The bad news is that many of the jobs that disappeared in the Great Recession aren’t coming back — they’re gone for good. While the outlook for our country is getting brighter, the outlook for hundreds of thousands of individuals still seems bleak. What can you do if you’re one of those folks whose job — and/or company — is gone forever? If there’s anything I know for sure, it’s that Americans are resilient, resourceful, smart, and creative. Americans are can-do people. We are inventors and innovators. We are pioneers and adventurers. We put a man on the moon; we pull off medical miracles; we develop wonder drugs; we invent killer apps. We can certainly put ourselves back to work. Here are ten tips to get started: 1. Attitude really IS everything. Yes, you’ve heard it a thousand times… because it’s true. If you think your situation is hopeless, you’re right. If you think there must be work out there somewhere, you’re right. Your most important task right now is managing your attitude and emotions. 2. Change your paradigm — forget the word “job” and instead focus on “work” and “earning.” Give up the notion of finding a 9-to-5 job — they scarcer than hen’s teeth. But there’s still plenty of “work” to be done; it’s contract work, project work, temporary gigs, portfolio work. Think of the movie business, or construction work, harvest season on the farm — where people come together for a limited period of time to work on a project. When it’s complete, everyone moves on their next gig. 3. Do an inventory of your skills, talents, abilities and experience you have to offer. Make a list of your strongest skills and best abilities. Try to think of generic skills you can take from job to job, applying them almost anywhere — financial skills, managing projects, writing skills, verbal communication skills, the ability to manage a team, project management, organization skills, tech skills, office skills, juggling priorities, meeting deadlines, working under pressure, solving problems, resolving conflicts, dealing effectively with customers. You have to know what value you can add to a business in order to sell yourself. 4. Look for opportunity, not safety. There is no place on the map called “Safe.” Job security falls into the same category as unicorns and tooth fairies. Your only security is your ability to secure work. Give up looking for a “safe” profession (and for goodness sake, don’t tell your kids to look for a “safe” occupation, either). 5. Learn to dance with change. For thirty years now, workplace experts, authors, and career consultants have been telling us that the only certainty is change. But denial is stubborn and many folks still hope that things will “settle down” and “get back to normal.” Wake up and smell the Starbucks — change IS the new normal. 6. Don’t let what you can’t do stop you from what you can do. Stop focusing on things that are out of your control. Focus on things you can control — your mindset, your actions, how you spend your time, getting out there and meeting people, making contacts, and following up on leads. 7. Be careful what you read, watch, and listen to. News, by definition, is that which deviates from the norm. If millions of people go to work every day, that’s not news. If lots of jobs disappear and thousands of people are without work, then that’s news. But if the news is all you pay attention to, you’re not getting the big picture — or the accurate one. Sure, it’s OK to glance at the newspaper headlines or tune into the evening news for a few minutes, but don’t linger over the news or you’ll get depressed. (Refer back to #1.) 8. Polish your people skills. Business success and career success are all about relationships — relationships between bosses and the people who work for them; relationships between businesses and their customers; relationships between coworkers; relationships with vendors and other stakeholders. Eighty percent of people who fail on the job fail because of poor interpersonal skills, not poor technical skills. If you can’t get along with people, you’re in deep yogurt. 9. Go where the love is. Surround yourself with people who love you and care about you. You need all the support you can get when you’re looking for work. Just as elephants rally around one of their own who is sick or injured until he gets stronger, your friends and family can provide you with valuable help. Run to the center of the herd, honey, run to the center of the herd. 10. Tap into spiritual resources. Ninety-two percent of Americans say they believe in God. If you’re in that 92 percent, now would be a good time to cultivate your relationship with a Higher Power (whatever name you call it) and deepen your faith. Meditation, prayer, inspirational books and CDs, and spiritual groups can provide enormous strength, reassurance, and comfort in these trying times. BONUS TIP: In every recession, there are some people who make lots of money. Make a commitment to be one of those people. As Winston Churchill wisely noted: “An optimist sees an opportunity in every calamity; a pessimist sees a calamity in every opportunity.” Which one are you? ************************************************************************************* BJ Gallagher is the author of “It’s Never Too Late To Be What You Might Have Been” (Viva Editions) .

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Bill Robinson: Memo to Small Business: RingCentral Will Take Your Calls

March 24, 2012

Small businesses have always had a simple but nonetheless nagging problem: answering their phones with a consistent, professional presence. Does the fearless leader hire an effervescent receptionist and pay the base salary plus all those excruciating payroll taxes, healthcare and other costs? Or, do they get one of those bleak, soul-less automated, ‘interactive voice response’ (IVR) systems that put us all through a soul-destroying telephonic chase? RingCentral wants to be the third option in that management decision. “We started out with two guys named ‘Vlad’ just to make it interesting,” said Vlad Shmunis , RingCentral co-founder and CEO. The other Vlad is RingCentral CTO and co-founder Vlad Vendrow who Shmunis says “is the original architect of the system and the smarter of the two.” Vlad Shmunis RingCentral, which was founded in 2003, has a very interesting evolutionary path. Schmunis started a company called RingZero Systems in the 1990s which, according to Shmunis, provided “a fee-based PBX system for SMBs (small and medium sized businesses) which ran on Windows.” The company’s distribution was solely through OEM and bundling partners which Shmunis would later change in RingCentral. In spite of what he now looks back on as a failed business model, Shmunis had IBM as a major partner and eventually sold the business to Motorola. Later, as it became apparent Motorola had no idea how to integrate RingZero into their org chart, Shmunis bought his assets back from Motorola to build what is now RingCentral. “I learned not to do it on a PC system; it wasn’t the right platform for an answering system,” Shumnis reminisced. “I learned that a stand-alone, hosted service was the right business model and that’s what RingCentral is built upon.” Shmunis says, “We don’t compete with the telcos; we compete with the hardware manufacturers. And simultaneously, RingCentral is more than just a PBX .” As the RingCentral business model was refined and shifted, Shmunis was after one big, traditionally hard-to-reach market of customers: small business. Making this jump in markets served could not have been easy but it was done, Shmunis said, as the delivery method also changed dramatically from ASP to SaaS to, finally, the Cloud. Shmunis said, “We thought, ‘How do we enable a very small business to communicate like a bigger corporation? How does the small business owner downscale from the big, expensive phone systems?’ Small business really needs a product like RingCentral.” When asked what the size of his ideal SMB customer is, Shmunis doesn’t equivocate. “For us, there’s no such thing as too small a market; we developed our product for the smallest of VSBs (very small businesses). Not to sound too corny but we really had in mind when we founded RingCentral that we would make the world a better place.” Shmunis used his own money to start and grow RingCentral initially, referring to his personal funding as “the first round.” The first true Series A occurred in 2006 when he said RingCentral “had a couple of million in revenue and good clients.” Doug Leone from Sequoia Capital and David Weiden from Khosla Ventures jumped aboard the USS Shmunis and are both on the Board of Directors today. With key strategic investments from the likes of Cisco Systems and Silicon Valley Bank, the total outside investment in RingCentral today stands at approximately $55 million. Vlad Shmunis was born in Odessa, Ukraine on the Crimean Peninsula and came to America at 14. In many ways, he is the embodiment of the ‘American Dream,’ with his parents and younger sister learning English on the fly and then doing well in Bay Area schools. “I did well in my school in Russia,” he said smiling while delivering a jab to the U.S. educational system, “so I did very, very well in my American school.” As is common amongst Russian emigrants to America, Shmunis’ parents were involved in some form of mathematics, science or engineering. His father was a mechanical engineer specializing in “extreme precision instruments” and his mother, an electrical engineer. Does growing up in this kind of technical household mean the ensuing generations tend to be more technically oriented? Undoubtedly. Going on to San Francisco State University in the late seventies, Vlad Shmunis took an interest in computers and obtained bachelors and masters degrees in Computer Science. “I was programming in Pascal and Fortran but always avoided Cobol ; Cobol wasn’t cool,” Shmunis said with the look of a man who missed coding, “I really loved LISP though and ended up teaching a course on LISP at San Francisco State.” After finishing his college degrees, Shmunis worked for several years as a software engineer then software manager at Ampex. It was after this work experience that he decided to start his own company, RingZero later becoming RingCentral. RingCentral is headquartered in San Mateo and has offices in Denver; the Philippines; China; St. Petersburg, Russia; and the Ukraine with a total of about 900 employees. “What RingCentral is all about,” Shmunis observed, “is complete parity between landline phones, mobile phones, VoiP, tablet PCs and faxes. The Cloud is perfect for this and the PC wasn’t because Windows crashes, hard drives freeze and dogs eat power cords.” Moving to the current day, RingCentral is striving to expand their SMB market penetration but refuses to release precise numbers on how many SMB clients they have. Pursuing strategic relationships with partners such as Go Daddy, LegalZoom and Vistaprint are key for Shmunis’ SMB strategy. For example, Vistaprint is one of the world’s largest printers of business cards and has millions of small business-owner customers. Vistaprint sends out a RingCentral offer with every business card order. “Our biggest challenge is awareness,” Shmunis stated, “once you’re aware of us, you’ll use our product.” For access to some reviews of RingCentral’s (and others) service, see VoipReview.org . Asked about the widely rumored possible RingCentral’ IPO, Shmunis only says he “can’t comment on an IPO.” He is similarly coy about how RingCentral will turn out; whether the creation will sell in a trade sale or continue to grow as a publicly-traded or independent enterprise. How does Shmunis want RingCentral end up? “Our investors are pretty happy,” he says, “I’m not sure I want it to end up. RingCentral as a stand-alone might be best.” One thing is for sure, if RingCentral gets even a minuscule percentage of the gargantuan SMB market, it will be writing its own ticket.

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Vivian Weng: The Billion-Dollar Question: When Will the Fashion Tech Bubble Burst?

March 23, 2012

Just this past week, a friend asked me when I think the fashion start-up bubble will burst. What was interesting to me is that she didn’t ask whether I thought there was a bubble in the first place — she just assumed. It’s easy to see why someone might jump to this conclusion. Starting in 2007, with the early success of flash-sales pioneers such as Gilt Groupe and Ideeli, fashion start-ups began cropping up at an increasingly rapid pace. What was different than prior attempts in the space, however, is that venture capitalists and “serious” investors were paying attention. In the last 5 years, the momentum has only increased. Assembled Fashion, a conference focused solely on new business models in the fashion space, was completely sold out last November. The week after, Raise Cache put on a fashion show , where foursquare cofounder Dennis Crowley and venture capitalist Fred Wilson sported designs from 20 New York City-based fashion start-ups. But surely there cannot be customer appetite for hundreds of new fashion e-commerce sites, can there? Of course not. And, in fact, there are many examples of fashion ventures started in the last few years that no longer exist. In the flash-sales space, a wave of consolidation occurred in 2010 . This past year, two key players — DailyCandy’s Swirl and Prive — quietly shuttered their doors. Even Google, who entered the fashion world with its social shopping site Boutiques, has since gotten out. I would venture to guess that a similar wave of consolidation and “weeding out” will occur in other areas within the fashion space (for other trends in the online fashion world, see my post from Jan. 3, 2012 ). But in spite of all this, I would argue that what we’re seeing isn’t a bubble per se, but rather a natural and very necessary trial-and-error process, where everyone — entrepreneurs, fashion industry executives, investors — is learning what works and what doesn’t. In the past, the fashion industry has been so slow to adapt to technological changes that it’s only now trying out these new technology-enabled business models. A “bubble” implies that lots of cash is being poured into overvalued companies. This isn’t a bubble — a basic e-commerce site can be built for less than $50,000 these days, and no one’s balking at the valuations these start-ups are raising (at least not yet). The real billion-dollar question, then, isn’t when the bubble will burst but rather: What does the future hold for the “survivors”? Will they eventually IPO and become the next generation of blue-chip retailers? Or will they be acquired and digested by today’s big retail and media companies? In a recent interview , Gilt Groupe CEO Kevin Ryan acknowledged the possibility of an acquisition by Amazon. Gilt, Ryan pointed out, is currently the second-most valuable e-commerce company in the U.S. market, as Amazon has historically acquired any e-commerce player that surpasses the billion-dollar mark. So perhaps this is a billion-dollar question that only Amazon can answer.

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David Kiley: Can The UAW Organize Volkswagen In The U.S.?

March 23, 2012

Having failed at its organizing efforts with Toyota, Honda, Nissan and Mercedes-Benz in the U.S., the United Auto Workers has turned its sites to Volkswagen’s growing manufacturing facility in Tennessee for new members. It will be a tough slog for the union. The outcome will be perhaps the biggest single decider on whether the union ever organizes any of the foreign-brand factories in the U.S. Union reps have been in Chattanooga passing out authorization cards the last few weeks, a first step toward trying to get a vote for unionization. It is doubtful that Volkswagen’s management will take the same tack as Nissan to try and defeat the UAW. In past years, when the UAW has tried to organize Nissan’s plants, workers got to see CEO Carlos Ghosn via closed-circuit TV reminding them that Nissan has a lot of options around the world to source new vehicles. Hint, hint: Vote to unionize and we will start phasing out this factory. Volkswagen has a different relationship with unions, especially in its home market in Germany. If workers in Chattanooga look poised to organize, I don’t think it will move the company to short-circuit its expansion plans of the new plant. Chattanooga is critical to VW achieving its sales goals in the U.S. and profitability in this market. But Southern states are not the same as Michigan and the rust-belt when it comes to unionizing. These are markets that were economically devastated long before the rust belt began oxidizing with the failure of the steel companies and before auto and other manufacturing began leaving the U.S. for China and Latin America. These states are largely still in a mode of being grateful for all the new good jobs. And politically, the states are Republican and very anti-union. Tennessee is also a right-to-work state. For those who don’t know what that means, this from the National Right To Work Legal Defense Foundation: “[Every citizen has the right] to work for a living without being compelled to belong to a union. Compulsory unionism in any form–”union,” “closed,” or “agency” shop–is a contradiction of the Right to Work principle and the fundamental human right that the principle represents.” I’ve visited the VW plant in Tennessee, as well as Southern plants of Mercedes-Benz, Honda, Toyota and Nissan. In a few cases, I’ve had the opportunity to hang out with some line workers and talk freely. What I observed is an attitude of gratitude for the work, the opportunity for a career, and the investments in these local areas. It’s a very different atmosphere and attitude than I have observed in northern union plants where you commonly find a lot of third- and fourth-generation union workers who were sold a long time ago on the idea that they could retire at 48 on full pension and benefits, and are frustrated that the game changed on them. I have also talked to union members who have told me about rivalries within factories among unions — with members of one union sabotaging the work of a member of another union as a means of trying to gain extra headcount. Then there are higher-than-average absentee rates among union members at UAW plants, in part because they know the union will make it tough for the company to fire them. VW just announced an additional 800 jobs going into the manufacturing campus in Chattanooga, on top of the 2,700 people, including salaried employees, already there. About 2,200 were hired by VW and the rest are on contract with staffing company Aerotek. How much do they make? Newly hired VW workers earn $14.50 an hour and can make up to $19.50 an hour within three years. That compares with workers at GM UAW plants where the average pay for entry-level GM workers is $17.50 an hour, while veteran workers at GM make an average of $29 per hour. Who are the workers the UAW is after? A lot of them are like a worker I met at Honda’s Alabama plant not long ago who put it this way: “Before I came here I was working two jobs with no benefits, sixteen hours a day, convenience store work. Honda hired me and paid me to learn the job … even sent me to Canada to learn, put me up in a hotel and paid all my expenses. Nobody has ever treated me that way, with that kind of respect.” This guy is not anxious to sign a union card if he thinks Honda isn’t going to like it. There are more like him in Chattanooga. The UAW pitch to VW workers will be higher wages and job security. But the VW workers will be wary. They saw how much the union gave up to GM and Chrysler in the 2009 bankruptcies. “I don’t think the UAW makes a lot of sense down here,” said one VW worker I spoke with who did not want to be identified because of the sensitivity of the issue. “But I will tell you this … I am grateful to the union for setting a good pay-scale. The salary is lower, but it’s close enough for most of us, and we know it would be lower without the union setting the standard.” That will not be much consolation for UAW President Bob King if he can’t make his case in Tennessee. King has seen the union’s membership decline over three decades, and the union is experiencing financial pain. It has added non-auto membership in the form of casino workers, university student-employees, and other groups. But the loss of auto worker headcount has cost it. The union has dipped into its strike fund for normal operating funds and sold assets. If King can reel in one foreign-owned transplant factory, it will make others sit up and take notice. Next up on his radar would likely be Mercedes-Benz’s Alabama plant, which the union has long targeted without success. The UAW has done a lot of good for the working class in the United States. Unions are the last entity standing as a source of power to stand up to the country’s monied class. With a historically high and ridiculous disparity between a CEO’s salary and the salary of an average line worker, the only way to balance the power is through collective bargaining. But the union has also been its own worst enemy, arguing for and winning bottom-line killers like the infamous “Jobs Bank,” where workers were paid for years to do zombie work after their jobs evaporated; work rules that had floor sweepers making as much as skilled labor; and protection of bad workers who would have been fired in any other workplace. Those are the kind of measures and contract victories that loses the union respect from non-union workers and the public at large. Grand Blvd. is a weekly column about cars from David Kiley. For more of his writing, and everything about cars, head over to AOL Autos .

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Martin Varsavsky: The Internet Did Not Sink the Markets a Decade Ago, the Markets Almost Sunk the Internet

March 23, 2012

10 years ago all of us on the Internet were licking our wounds. We had been taken for a crazy ride in which we went from a point in whatever we touch was champagne to whatever we did was shit. As an entrepreneur that lived through 1998 to 2002 I emerged reasonably well, I sold my shares in Viatel when it was worth $1.2bn, I sold Ya.com for $700 million but did not sell Jazztel when it was worth $5bn because I was its CEO and saw it go down to $700M (now it`s worth $1.4bn). Then I lost $50M in Einsteinet one of the best cloud computing start ups in Europe that was killed by the post bubble era in which financing completely dried out. So as you read this post you will see no bitterness. But looking back at 2001/2002 I see this time not as a period in which Internet companies destroyed the financial markets, but as a time in which the financial markets almost destroyed the Internet. It was financiers/analysts who drove those insane valuations up and then down. What should have been a smooth ride on the internet, an era of taking more and more global citizens in its midst, became a crazy ride in which the internet itself gained enormous prestige and was later, for a while, seen as a useless gimmick. Only around 2007 people again realized that the Internet was simply transforming the world economy and was here to stay. And then came 2008, when the financial industry practically destroyed the world economy. That was when the same financial firms did to the world what they had done to the Internet, inflate it and let it fall like dead weight. Having been a happy customer of Goldman Sachs, Morgan Stanley and others I don’t want people to read this post as a rant against financial firms. We need financial firms. But what we don’t need is financial firms to do what they did first to the Internet and then to the overall economy, namely to hype them out of value and sink them hard for no reason. In simple terms what I am advocating has been done before and that is to separate trading from advising. The Chinese Walls in these firms never worked and never will.

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Adam Levin: The Next Bubble: Is It Time for the Feds to Cap College Tuition?

March 23, 2012

At $1 trillion dollars, student loan debt has eclipsed credit card debt for the first time in American history. To make matters worse, come July 1 the interest rate on federally subsidized Stafford student loans will automatically double, from 3.4% to 6.8%, unless Congressional action is taken to extend the lower rate before then. Depending on which side of the aisle you choose, extending the lower rate will cost between $3 billion and $7 billion per year (estimates from the center of the aisle hover around $5.5 billion). The problem is not simply the interest rate. Loans for college are often taken out directly by parents, or guaranteed by them, and the debt can easily run into six figures. This could ultimately threaten their credit ratings , retirement funds, and even their homes. All of this boils down to a simple truth that just about anyone who is either actively paying for college or contemplating it already knows. When it comes to financing higher education in the United States, we’ve got a major problem. But if you’re like me, intuition isn’t enough. So allow me to paint you a thoroughly disturbing picture. According to Finaid.org, parent debt relating to their children’s education has more than doubled in the last 10 years . In 2010, for the first time ever, $100 billion in student loan debt was disbursed . That’s about 10% of all outstanding student loan debt handed out in one year. It is not a problem associated with any particular tax bracket. The willingness of parents to cosign for tuition loans exists across all levels of income. President Obama was recently criticized for his stance regarding the need for an education (I believe the exact word used was “snob”), but the desire for higher education has been part of the American persona for centuries. Around 1780, John Adams observed : “I must study Politicks and War that my sons may have liberty to study Mathematicks and Philosophy. My sons ought to study Mathematicks and Philosophy, Geography, natural History, Naval Architecture, navigation, Commerce and Agriculture, in order to give their Children a right to study Painting, Poetry, Musick, Architecture, Statuary, Tapestry and Porcelaine.” He also observed : “There are two types of education… One should teach us how to make a living, and the other how to live.” God love him, Adams was part, and a perfect harbinger, of the problem that we face today. The first part of that problem is that somewhere along the way it became politically incorrect to suggest that college might not be right for every young American. Although the student loan problem was created by loans for all kinds of post-secondary education, tuition for college programs represents the vast majority of the debt especially in cases where the amount owed is large. It became government policy to encourage kids to go to college, just like it became government policy to assist everyone in buying their own home. It’s a laudable goal, and statistics indicating the lifelong value of higher education are compelling. The problem is, somebody’s got to pay for it, and with the US getting relatively poorer–straddled with huge national debt, dependence on foreign oil, and high unemployment–the burden on American families is growing geometrically with no relief in sight (other than increasing government assistance). The second part of the problem is that while a traditional liberal arts education may be able to teach a student how to live, it often doesn’t do as well when it comes to teaching them how to make a living (unless there’s a few million in a trust fund). A study recently released by Young Invincibles , a nonprofit advocacy group for young adults, found that almost two-thirds of U.S. student-loan borrowers did not understand at least some elements of their loans or the student-loan process. About 20 percent of the respondents, who had an average of $76,000 in student debt, reported that the size of their monthly payments was a surprise. Granted this is not about the nuances of how to live well—it’s a question of how to get by, and it’s fair to say that those folks weren’t too well prepared for that. They are also not too well prepared for making a living. A 2010 GAO report criticized the high-pressure sales tactics, lack of job placement, and student loan abuses found at many online and for-profit colleges . To qualify their students for federal loans and other benefits under Title IV (which is the provision of the Higher Education Act of 1965 under which most government-backed student loans are made), educational institutions must show that their programs offer “Preparation for Gainful Employment.” The rules require measurement of criteria such as how many students from a given school are delinquent in loan repayments, job placement success, annual gross and discretionary income of the former students once they’ve entered the workforce, and so on. Bear in mind that some for-profit schools have literally hundreds of thousands of students, and derive as much as 90% of their gross tuition revenue from Title IV financing. The underlying cause of this proliferation of big-box education is the rapidly accelerating cost of higher education in America. According to the College Board , average inflation-adjusted tuition at public four-year colleges rose by 29% in the last 10 years; the increase at private four-year colleges was 22% during the same period. In other words, the price of a college education is rising at more than double the rate of inflation. That said, has the value of a college education increased commensurately? And, as prices have risen, so have student loan defaults. According to the U.S. Department of Education , the default rate rose from 7 percent in fiscal year 2008 to 8.8 percent in fiscal year 2009. Defaults increased in all sectors — from 6 percent to 7.2 percent for public institutions, from 4 percent to 4.6 percent for private institutions and from 11.6 percent to 15 percent at for-profit schools. So let’s recap: We start with an impulse that is part and parcel of the American dream. Well-meaning federal policy is then promulgated to encourage the pursuit of that dream, largely by means of government-guaranteed loans. The availability of that funding creates a sort of moral hazard. Enter well-meaning and not-so-well-meaning guys who encourage–fairly or fraudulently–lots of folks to take advantage of those loans so that the not so well-meaning guys can make a very large and very fast buck. Many (or most?) of the citizens who take that loan money really don’t understand what they’re getting into, and many of them (if we are honest about future potential earnings) shouldn’t be dreaming that dream in the first place. The demand created by the availability of those loans drives up the price of the dream; and then defaults increase precipitously. [Related Story: Defaulting on Private vs. Federal Student Loans ] It’s a bit like the real estate bubble, no? If the interest rate on student loans is doubled this summer, the camel’s back will break and we will be facing yet another large-scale crisis like the one that crippled the economy in 2008. There are a lot of people who want a college education for themselves or their kids–as there are a lot of people who want to own their own home. In the glare of hindsight they couldn’t afford it. But because they already paid for it with government-guaranteed largesse, one way or another it will become the taxpayers’ burden, unless perhaps the government does something to regulate how much a college education can cost. This article originally appeared on Credit.com .

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David Wilson: It May Be Just Dirt to Some, but to Small Business Owners, It’s the Essence of Our Lives

March 22, 2012

I found myself recently in a discussion with a renowned lawyer about the financial and foreclosure crisis that’s gripping at the heartstrings of individuals and small business owners across America. His comment to me was, “It’s just dirt.” My guess is, if you are fortunate enough to be on the outside looking in, that’s really all you see in its totality. But if you’re unfortunate enough to be in its throes, it’s much more than that. Our hopes, our dreams, and our sense of self worth have all been devastated by this calamity. The personal and financial security we aspired to achieve through our homes and our businesses are in peril of becoming another more fortunate soul’s cheap acquisition — or at the very least, someone else’s American dream, at much less toil and stress. Behind these purchases and investments, lay wasted and broken dreams, retirements in jeopardy and promises of a brighter future growing dimmer by the day. Lying, too, in the rubble is our best opportunity to belong and have a vested interest in our community. Our senses of pride and ownership in our hometowns and neighborhoods have been shaken to the core. Maybe it was greed that in the hands of a few became the determining factor in the overall demise of many. “Shame on us all.” There was a time, not too long ago, when common sense prevailed, a sufficient down payment was required and verifiable income was the rule. Very few, if any, in the mortgage and banking industry wanted to make a bad loan; they were “here” to help us succeed, to live our dreams, to help us build for our family and community, a brighter and better tomorrow. My hat’s off to those great men of yesterday, as well as the select few of today, who monitored my finances with tenacity, held me accountable to each dime drawn and treated our monies as if they were their own. However, banks today have become the lifeblood of yesterday, throwing us to the wind as they try to meet federal guidelines, which by all accounts reminds me of being tightly wrapped in razor wire, then trying to breathe without blood letting. Loans current are now classified; thoughts of expansion are now just whimsical dreams and seasonal cash flow requirements, well, you might as well forget it. “If you can prove to us you don’t need it and or have as much as you need, we’ll loan it to you, if you don’t, I’m sorry, you’re just SOL,” so say many of our current loan officers. Sadly enough, our well-respected Canadian neighbors to the north maintained this earlier integrity throughout “our” financial crisis and have weathered the storm relatively unscathed. I’m proud that someone else still gets it. My question is when will we? Allowing now, this knee-jerk reaction from our government and its financial oversight to go from one extreme to another has smothered us, individually, as well as, corporately and stifled our proven ability to survive, let alone thrive. Where is the common sense in all this? Why not just pull out banking regulations from the ’80s and reapply them to today? My next question is, just where do small business owners go when the economy crashes around them and life as we knew it, no longer exists? We have followed our hearts, we have pursued our dreams, we have created jobs in the millions, yet through all our tireless efforts, we have not been able to survive and thrive through this continued economic disaster. No matter how long we have held on, no matter how hard we have tried, for the most of us, it continues to get worse. Speaking as an owner of small businesses over the last 30 years, I have overcome so many obstacles in my quest to succeed that it’s no longer soothing to reflect on the past, it’s actually heartbreaking. Working 14 to 16 hour days, we were inspired by the fact that so many people counted on us to succeed that failure was never an option. That all infallible F word, never once was uttered, nor was it ever spoken. We were the heartbeat and soul of America, we supplied good quality products with pride and service; we met the needs of our customers, made a fair profit and contributed to the overall well being of our communities and charities. But, just look at where we are today. Our relationships are in shambles, our “friends” have disappeared and our former employees somehow blame us for turning their world upside down. We have become the forgotten few who wagered it all for the success of many. Most of us were never fortunate enough to be part of the 1%, we were, however grateful, along with our hard working employees, to be a part of the 99%. “Just go get a job” forever rings true from those in my circle who are 9 to 5er’s; but these well-meaning words fall on deaf ears to me. I’ve been self-employed most of my life. These words may be easy to say but again, they have never walked in my shoes. “What are your qualifications, do you have a resume, where are your references and just what all can you do?” are just some of the questions that I’m sure will come my way. Legitimate questions, though they may be, from someone half my age, questions that are all too humbling and strike at the core of the reality of what is and or once was. What if we created an employment website just for humbled, small business owners — one that provides an in depth and visual interview process that reveals more of what all we’ve accomplished throughout our business life and less on what could ever be summarized within the confines of a resume? Could we count on employers in our fields of expertise to hire us as seasoned employees and managers, who can do almost anything or would we be relegated to the abyss, just biding our time, where we’re far out of sight and eventually out of mind? We’ve hired, we’ve fired, we’ve trained and nurtured; we were mentors, bankers, pseudo lawyers and doctors; we were auto mechanics and instant taxi drivers; we were marriage counselors, confidants, “almost family” and lifelong friends; we were all these things and more. As an employer, no matter what your field, you have to be all things to all people to insure your small business, along with your employee’s, thrive. It’s going to be hard, but impossible, to start from scratch again, especially when the word unsuccessful comes to the forefront, when you think back on what was. Harder still, with the former in mind, will be the ability to dream again for the opportunities to make a difference. It can be done; we’ve done it before, maybe just not in perilous times like these, where very few, if any, have our back. It’s time we band together as brothers and request from our all-inclusive dysfunctional elected and if I might say so, gainfully employed Congress, a Stimulus II just for small businesses, managed completely by small businessmen. We have the tenacity and the wherewithal to create millions more jobs; just give us the freedom and the flexibility in our financing to do so. Give us back the credit lines and our abilities to invest, to buy and build. Small business made this country great and we can do it again. We can, better than anyone, insure people will stay in their homes by hiring back our talented workforce that has and will continue to be our nation’s greatest asset. We are inside looking out. It’s more than dirt to us. It’s our livelihoods, as well as our children’s futures. To the powers that be, if you will allow us, by God’s grace, to thrive, we will rally and re-institute the belief that through hard work and strong ethics, dreams will still come true. All we ask is that you lead from the front or follow in our footsteps, as we venture again into deep waters, far beyond the safety of the shore. We hope and pray, you will continue to use our goods and services, allowing us, to remold, remake and rebuild what once was. If, however, you’re not willing or able to do so, please just get out of the way.

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Donna Spellman: You’ve Been Unemployed for HOW LONG?

March 22, 2012

“You’ve been unemployed for HOW LONG?” “If you’re qualified and marketable, then why isn’t anyone hiring you?” “Do you seriously think you’re going to find a job after all this time?” These are just a few of the last things you want (or need) to hear when you are unemployed and searching for work. So, where do these comments stem from? Perhaps they have something to do with the harsh realities surrounding unemployment today. Today’s research shows that the longer you’re unemployed, the harder it is to find work . In fact, for every month that someone is unemployed, it generally takes twice as long to find a new job. But despite these predictions, there are thousands of people who defy the odds and prevail, managing to land the positions they seek and quickly take themselves off of the unemployment list. The question is: “How do they do it?” Let’s face it… finding a job is significantly more time consuming than holding a job. Job hunting can’t be a once-in-awhile task for anyone who is really serious about it. On the contrary, finding a job must become your passion and must include clearly defined goals and objectives — regardless of the job you’re vying for. For serious job seekers, finding work IS their job. They get up in the morning as if they were going to the office. But instead of preparing for a commute, they wait for their laptops to load up. They remove distractions and don’t not allow themselves to stop along the way. Serious job seekers are committed to submitting as many resumes and applications as they can possibly get out in a day. No limits. The more, the better. They’re working the phones, analyzing their social media contacts and finding any to get their foot in the door. Here’s a quick stat to chew on: For every 50 resumes a job seeker sends out, only one response comes back . So if you think sending out one resume is going to land you a job, your odds are just about the same as the odds of winning the lottery. When it comes to employment, serious job seekers consider all possibilities. Although you might have left a particular position that you loved at a level that really worked for you, the serious job seeker considers all possibilities — even if it means taking a step down the corporate ladder. One might wonder why, if it were this easy, more people aren’t finding employment faster. The truth is that none of this is easy. The secret to success is all about commitment and maintaining a positive attitude, both attributes that are easily lost when people are struggling and questioning their self-worth. Most people lose steam and perseverance when the clock starts to tick louder and louder each month. Not to mention the increased anxiety that people experience when their cash flow starts to dwindle away. The true answer to these challenges is to find a support system, a cheering squad, a coach or any other means of support that will help to keep you focused, enthusiastic and optimistic. Family Centers’ Reaching Independence through Employment (RITE) Program does just that. Based in Fairfield County, CT, RITE provides individual support to those who are job seeking in the form of designing the job search, career exploration and counseling, vocational coaching, providing encouragement, and addressing issues that might be getting in the way of finding success. The RITE Program maintains a success rate of more than 83 percent of those clients who came to the program unemployed and successfully secured employment within a three to six month period of time. This success rate defies the unemployment rate by a landslide. Why? Because the RITE Program helps the average job seeker become the SERIOUS job seeker — the job seeker who understands that quitting is not an option until he/she ultimately lands the job that he/she is seeking. Again, there is no magic answer to finding employment other than stick-to-itiveness, keeping your eye on the goal and not letting up until you’ve reached it.

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Mark Gongloff: JOBS Act Passes, Massive Back-Door Deregulation Rolls Back Financial Reforms, Sets Stage For Wall Street Malfeasance

March 22, 2012

Who says American politicians can’t come together to get things done any more? Demonstrating that disregard for sound financial regulation knows no party, the Senate on Thursday passed the Jumpstart Our Business Startups Act, or JOBS Act, rolling back investor-protection regulations, some of which date back to the 1930s, and some of which have been passed as recently as 2002 in the wake of Wall Street shenanigans from the 1990s tech bubble to Enron. The bill, which was supported by both parties, with the urging of small and big businesses, passed fairly easily, despite long and loud complaints from many quarters that the act would break down investor protections left and right, setting the stage for future financial scandals and crises. The bill purports to make it much easier for small firms to raise money, either through private “crowdfunding,” essentially raising money online, or by going public. At its heart is the persistent myth, relentlessly propounded by Wall Street, that there are a million Facebooks out there waiting to thrive and create jobs if only the government would just get the heck out of the way. It’s really not true , but it sounds like a good thing to be in favor of during election season. The Obama administration immediately leaped to take credit for the bill, with a statement from White House press secretary Jay Carney: The President is grateful that the Senate acted in a bipartisan way to move forward key ideas the President proposed last fall that will help our small businesses and startups access capital they need to grow and create jobs. So we get this bill, which will likely create few “jobs,” unless — as Jesse Eisinger wrote recently at ProPublica , your job is scamming investors or writing about financial crimes and crises. So financial journalists are certainly grateful for it. Senate Democrats did manage to curb some of the bill’s more outlandish aspects by providing some investor protections. Despite that, the House is expected to pass the Senate’s bill, which still includes some of the worst features originally passed by the House. Investment banks can now issue research reports on the companies they take public — meaning we’ll be back to the days when analysts can pump up “POS” stocks they then dump on unwitting customers — removing a prohibition set by Sarbanes-Oxley in 2002. Web sites can pitch new companies directly to investors, raising the specter of “boiler rooms” preying on your grandmother to pry away her retirement money. The investor protections added to the bill include greater financial disclosure and a requirement that web sites pitching crowdfunded companies register with the Securities and Exchange Commission. But another amendment with more protections was rejected. Dan Primack at Fortune has a more detailed explanation of the bill’s moving parts and the pros and cons of each. He’s far less vehement than others about the downside of the bill, but still thinks it’s a solution in search of a problem. “These changes are being proposed to cure an IPO crisis that simply does not exist,” Primack writes. Some of the other reactions from around the web have been more scorching. Senator Carl Levin (D-Mich.) wrote (emphasis added): We are about to embark upon the most sweeping deregulatory effort and assault on investor protection in decades. … If we pass this bill, it will allow vast new opportunities for fraud and abuse in capital markets. Rather than growing our economy, we are courting the next accounting scandal, the next stock bubble, the next financial crisis. If this bill passes, we will look back at our votes today with deep regret. We should not adopt this bill today. We should return it to committee, we should have hearings, we should have opportunities to amend this bill. Adopting this bill will put us in a position of the most massive and mistaken deregulation of our capital markets in decades. Senator Bernie Sanders (I-Vt.) wrote : At best, this bill could make it easier for con artists to defraud seniors out of their entire life savings by convincing them to invest in worthless companies. At worst, this bill has the potential to create the next Enron or Arthur Andersen scandal or an even worse financial crisis. The Americans for Financial Reform wrote : With the country still suffering from high unemployment and hard times in the wake of the financial crisis, it is almost unbelievable that the Senate would rush passage of measures that will undermine transparency and accountability in the capital markets, and expose our families to a new round of fraud and abuse. But that is what they have done. San Jose Mercury News columnist Chris O’Brien says Silicon Valley has let the attractive “crowdfunding” parts of the bill blind them to its face-peelingly horrible parts: Indeed, many references I see to the bill still refer to it as a “crowdfunding” bill, as if that was all there was to it. It’s important to note that the actual bill reflects several other bills that were rolled up a few weeks back. Most of this bill represents a staggering rollback of investor protections, and a major rewrite of the rules governing at least 90 percent of all IPOs. This could all be much ado about nothing. The Epicurean Dealmaker, an anonymous blogging dealmaker, wrote on Wednesday that the JOBS Act might change very little about how companies raise money, for better or for worse. He concluded, though, with a reminder: In any event, you may rest assured that one perennial truth about entrepreneurial business funding markets will never change, no matter what changes to the legislative and regulatory environment may occur: The retail investor will always get screwed.

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Ben Hallman: Home Loans Can Walk, Your Mortgage Nightmare Explained

March 22, 2012

We may question the need for 17 brands of dishwashing detergent, but giving consumers choices is an excellent check against many types of harmful behavior of companies that make and sell products. Sell pet food that kills cats and dogs , manufacture a pickup truck with an exploding gas tank , or even try to spin off your popular DVD-by-mail business, and customers will flee. “This is the classic market response,” said Katherine Porter, a consumer law professor at the University of California. “Consumers vote with their feet.” But when it comes to buying a home, these market forces are largely neutralized. That’s because debt also has feet. These days home loans, especially loans in default or otherwise in distress, get traded around more often than a mid-career relief pitcher. The lender that makes the loan may sell it to an investor, like Fannie Mae and Freddie Mac, or another bank. Sometimes the original lender gets bought out by another bank and the loan is transferred. For homeowners who remain current on their payments and can avoid financial distress, it rarely matters who owns or services their home loan. But when times get tough, that changes. Jesus Gomez knows this firsthand. His home loan, originally with Charter Bank in New Mexico, has been sold at least three times since Charter was seized by federal regulators in 2010. In 2008, Gomez borrowed $146,446 from Charter to refinance the mortgage on his Albuquerque home, which he built a few years earlier on land inherited from his grandfather. He subsequently lost his job as the beverage manager at a local Marriott and fell behind on his mortgage. In 2010 Gomez applied for a loan modification with a newly formed Charter Bank, now a subsidiary of Beal Financial Corp. of Plano, Texas. The bank turned him down, claiming he hadn’t submitted all the proper documentation, then foreclosed just before Christmas that year. Gomez, 32, says he kept photocopies of everything he mailed or faxed to the bank, which proves that he did, in fact, send all the proper documents. In court documents filed to fight the foreclosure, Gomez says that the “constant shuffling of the loan” led to confusion and mistakes. According to balance statements sent by the bank, Gomez missed at least five loan payments — but Gomez claims he made some of these payments and they were misapplied or not properly credited to his account. Last summer, he was on the cusp of finally getting the foreclosure filing against him dismissed and winning a loan modification, he said, when the loan changed hands again. Ownership transferred to Beal Bank, another subsidiary of Beal Financial, and Gomez started from scratch dealing with a different lawyer hired by the bank. “Every time I would try to work something out (the loan) would get bought and sold,” Gomez said in a recent interview. It’s not clear why Gomez’s loan bounced around among various Beal entities. A Beal Bank spokesman declined to comment on the case or on bank policies. Porter, who has written extensively about the mortgage market, said the separation of loan from lender goes a long way to explaining why banks and so-called mortgage servicers so often bungle the job of managing home loans. In recent years, some loan servicers engaged in pervasive document fraud in order to speed foreclosures, refused loan modifications for qualified candidates, and wrongfully foreclosed on borrowers. Recently, five major banks agreed to pay $25 billion to resolve an investigation by state and federal officials into these practices. These abuses are a direct outgrowth of all this walking mortgage debt. According to the Federal Reserve, of about $14 trillion in outstanding mortgage debt, nearly $8 trillion is currently held by private investors, or by the government-controlled giants Fannie Mae or Freddie Mac. Most of the rest is held by banks, though this debt also is frequently bought and sold. The bank’s customer is now the “investor” — not the homeowner. “You shouldn’t expect those kinds of relationships to be responsive to consumer complaints,” Porter said. There are a few reasons to hope — if not quite believe — that the relationship between homeowners and the entities that own and service their loans will improve. As part of the mortgage settlement, five banks promised to institute dozens of reforms in how they manage loans. The government has promised stiff penalties of up to $1 million per violation for those that violate the terms of the deal. Porter was recently tapped by California Attorney General Kamala Harris to ensure that the banks do as they promised. But as The Huffington Post has reported , the banks have made many of these same promises, and then promptly ignored them, in the past. (Beal Bank was not a party to the settlement). The new Consumer Financial Protection Bureau, created as part of the financial reform bill passed in the wake of the financial crisis, has also targeted the mortgage market as one of its top priorities as it tries to make borrowing more fair for consumers. But these regulators don’t have the authority to stop the securitization of loans, or to change how the financial institutions that service loans are compensated, which in some situations makes foreclosures a more profitable option than a loan modification. There also hasn’t been much indication that the true customers of the loan servicers — investors that own the loans — care ready to get serious about protecting homeowners. Loans held in pools are managed by trustees who are worried about returns, not foreclosures. So what is a prospective home buyer to do? Small banks and credit unions also often sell their loans, but there are some exceptions. The State Employees Credit Union in North Carolina, one of the largest credit unions in the country with $24 billion in assets and 1.7 million members, services all of the loans that it originates — even, in the rare instance when it sells those loans to someone else. When a member is 30 days delinquent on a payment, he automatically is entered into the credit union’s mortgage assistance program — and, in what would be a shock to many large bank customers who struggle just to get a representative on the phone — are invited for a face-to-face meeting with an employee to hash out a plan. There are some potential downsides: The credit union doesn’t forgive debt in any situation, so underwater borrowers, who owe more on their mortgage than their home is worth, aren’t eligible for principal reduction. Underwriting standards have traditionally been tougher, But Mark Coburn, senior vice president for loan servicing at the Credit Union, said that well over half of the members who entered the program are either current on their payments for more than six months or on track to get there. Gomez may finally be on track, too. Last week, he was approved for a trial modification with payments of $1,254 a month. He accepted. Gomez said the experience did lasting damage to his credit and job prospects. A local Sheraton recently turned him down for a job as a food and beverage manager after they ran a credit check, he said. He said he didn’t know when he took out his mortgage that it could be bought and sold. “Here you are signing this obligation to make payments for the next 30 years,” he said. “Six months down the line you hear, ‘we don’t own this loan anymore, we sold it.’ It’s been an eye-opening experience.” Photo by Jake Martin

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Otaviano Canuto: What Can We Learn From Islamic Finance?

March 22, 2012

In over 70 countries, from financial centers in Malaysia to the Middle East, Islamic finance has been growing rapidly around the world. In fact, Shariah-compliant financial assets have increased from about US$5 billion in the late 1980s to about US$1 trillion in 2010. Even more impressive is that this class of financial instruments appears to have avoided many of the worst effects of the recent crisis, making it an increasingly attractive investment vehicle. Given its rapid growth and relative stability, are there lessons we can garner from Islamic finance? Three years after the onset of the global financial crisis — as regulators are still grappling with how to deal with predatory lending practices, opaque derivatives, and overly leveraged financial institutions — can Shariah-compliant finance challenge our notion of conventional banking? Perhaps it can. By and large, Islamic finance relies on the core principles of Islam concerning property rights, social and economic justice, wealth distribution, and governance. Two of its main tenants are the prohibition of interest on debt in any form and the removal of ambiguous contracts to enhance disclosure and proscribe deception. Among its other key precepts is a commitment to back all financial contracts by assets and activities in the real economy, as well as an emphasis on the principles of morality and ethics in conducting business. According to the most recent Economic Premise , authored by World Bank Managing Director Mahmoud Mohieldin, these underpinnings have generally helped Islamic banks escape some of the worst effects of the 2008 financial crisis. To be sure, Mohieldin notes that “The recent financial crisis affected the asset quality of conventional banks adversely. In contrast, as shown in recent research, Islamic banks had higher asset quality, were better capitalized, and more likely to continue their financial intermediation role during crises than their conventional counterparts.” As they were not exposed to subprime and toxic assets and had instead maintained a close connection to the real sector, only when the real economy contracted and real estate prices dropped did Islamic financial institutions begin to feel the second round effects of the crisis. Yet as Islamic finance continues to grow, some challenges still need to be met. For example, the Economic Premise notes that many aspects of Islamic finance suffer from emulation and reengineering of conventional instruments, which result in inefficiencies and higher transaction costs. In addition, challenges associated with Basel III core capital requirements — which place Islamic financial institutions at a disadvantage — need to be addressed. By dealing with these and other issues, Islamic finance could increasingly meet the preferences of local cultures, augment financial inclusion and intermediation, and contribute to financial stability and development in the years ahead.

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Jed Kolko: Why Location Matters If You’re on the Fence About Renting vs. Buying

March 22, 2012

Time to buy? Since the housing bubble burst, prices have fallen so much that it is now cheaper to buy than to rent in 98 of the 100 largest U.S. metropolitan areas. That’s even true in many pricey real estate markets such as New York , Los Angeles and Boston , according to Trulia’s Winter 2012 Rent vs. Buy Index . With this Index, we track whether it is more affordable to rent or to buy a home by looking at asking prices for similar rentals and homes for-sale in similar neighborhoods on Trulia.com , while factoring other costs like taxes, insurance, maintenance and so on. Marking a big shift from the boom years, the cost of buying relative to renting has fallen a lot. But just because prices dropped and rents held steady or rose in most places, does that make now a great time to buy? The answer depends on you and on where you live. For starters, deciding whether to rent or buy a place is never easy. Even before looking at how much it’s going to cost you where you live, ask yourself this: have you saved enough for a down payment and can you qualify for a mortgage ? If not, then owning is probably not an option for you in the first place. Next, ask yourself if you’re ready to make a long-term commitment and stay put for at least five years? If not, then you probably should stick to renting because homeownership involves big upfront costs that only make sense if you don’t plan on moving again for a while. But if you answer yes to both of these questions, then it’s time to look at the numbers. Buying a home is more affordable than renting where our price-to-rent ratio is under 15 (see note below tables). The only places where this ratio is above 15 are Honolulu and San Francisco , which means renting might be more affordable than buying there depending on your personal circumstances, such as how much you benefit from the mortgage interest deduction. Top 10 Metros To Buy vs. Rent # U.S. Metro Price:Rent Ratio 1 Detroit, MI 3.7 2 Oklahoma City, OK 4.3 3 Dayton, OH 4.8 4 Warren – Troy – Farmington Hills , MI 5.4 5 Toledo, OH 6.0 6 Grand Rapids, MI 6.1 7 Cleveland, OH 6.2 8 Atlanta, GA 6.5 9 Gary, IN 6.7 10 Memphis, TN -MS-AR 6.8 Top 10 Metros To Rent vs. Buy # U.S. Metro Price:Rent Ratio 1 Honolulu, HI 17.0 2 San Francisco, CA 15.5 3 New York, NY -NJ 14.5 4 San Jose, CA 14.3 5 Orange County, CA 13.5 6 Los Angeles, CA 13.0 7 San Diego, CA 12.7 8 Colorado Springs, CO 12.0 9 Boston, MA 12.0 10 Albuquerque, NM 11.9 NOTE: The lists above rank the major metros where renting a home is most expensive relative to buying, and vice-versa. Price-to-rent ratios that are 15 and under indicate buying is less expensive than renting, while ratios that are 20 or higher indicate renting is less expensive than buying. Between 15 and 20, the rent-versus-buy calculation depends on tax deductions and other personal circumstances. In addition to Honolulu and San Francisco, New York and other California metros have relatively high price-to-rent ratios. At the other extreme, buying is very cheap relative to renting in Detroit and several other markets in the Midwest and South. Why is buying a much better deal in some places than others. Contrary to what you might think, the reason for this actually has little to do with the housing bust. Of the top 10 markets where buying is cheapest relative to renting , NONE are in Florida , Arizona or Nevada , which are the states where home prices fell most after the bubble. In fact, the price-to-rent ratio has much more to do with long-term factors, like economic growth and density. These long-term factors matter because people will pay more for a home if they expect prices to rise eventually and give them a better return on their long-term investment. Markets where buying is expensive relative to renting tend to have stronger economic growth over many years and little room to build new homes, like Boston and the San Francisco Bay Area: there, people expect home prices to increase over time. Buying is much cheaper than renting in slow-growing places with high vacancy rates and land to spare, like Detroit and Cleveland, where prices are unlikely to improve much in the future. So if long-term factors explain why the price-to-rent ratio is higher in some places than others, what does it mean for you if you’re on the fence about renting or buying right now? First, if buying in a local market looks like a good deal today, it will be a good deal tomorrow: The rankings won’t change much since they’re based on long-term factors. San Jose will have much higher price-to-rent ratio than Oklahoma City for years to come. Second, if you plan to stay put in your next home for a long time, think about what might happen to local home prices. Homeownership could turn out to be a much better deal than you think if local home values rise, even if buying looks expensive today. In deciding whether to buy or to rent, always take the long view.  

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Erica Diamond: The Interview With Craig Newmark, Founder of craigslist

March 21, 2012

If you follow this blog, you know that I go after what I want. With RELENTLESS DETERMINATION. There is an interview I’ve wanted for some time. It was Craig. THE  Craig, founder of craigslist (who nicely corrected my spelling of CraigsList, explaining it should be written in all lower-case). The way he spells craigslist and his newest initiative, craigconnects , is just so very Craig — understated, modest, simple. When I interviewed him, I kept challenging him for more MEAT, more stories, more guts, for all my women who love details. But I learned something from Craig. Sometimes, less is more. He’s concise and precise. But that doesn’t mean he isn’t all heart. Cuz he is. When I blamed my demand for more ‘meat’ on the battle of the sexes… that women are ‘oversharers’ and men are ‘undersharers,’ he told me, “That’s all I got.” So, in the words of my uncle who always tells his daughters to “land the plane” when they go off on a tangent, enjoy this simple, but powerful interview from a remarkable entrepreneur and do-gooder in this universe, Craig Newmark. As an entrepreneur myself , since the age of 24, I am fascinated by people who have a vision and who successfully bring that vision to human beings around the globe. It seems only fitting that Craig should be here. Without further ado… Craig, I have been a long-time user of craigslist and have made quite a bit of spare change selling my old high chairs, baby car seats and strollers! What a great site and concept. Tell us how the idea was born, and why do you think craigslist became as successful as it did? It seems an easy enough concept to copy. What made it so unique? Well, in ’94 I was at Charles Schwab & Co., showing people the Internet and suggesting we’d do business that way someday. Also, I saw a lot of people helping each other out. In ’95, early, it seemed time for me to give back, and I started a simple arts and technology events mailing list. Also, I solicited feedback, and did something with that feedback. We continue that ask/act cycle to this very day. What seems to make craigslist work is our deal about “doing well by doing good,” and by providing a platform where people can help others with everyday basic stuff. That starts with helping get a job and a home, and goes from there. The “doing well by doing good” thing is unique in our area, as far as I can tell. Your bio on Twitter says, “Customer service rep and founder for craigslist.” Either you’re a very humble man, or I’m not sure what! Tell us what craigslist means to you today, and tell us more about your newest initiative, craigconnects.org. I earn my living wage by being a Customer Service Representative.  Haven’t coded software at all this millennium, so it’s really that simple. craigslist does serve as a platform where people help each other for the basics, and also, shows people that the Internet is good for mutual support. I do feel pretty good about that. In the short term, craigconnects is about me standing up for people who do really good work in areas I believe in.  Some of these are helping vets and military families, back-to-basics journalism and fact checking, open government, consumer protection, and technology for the public good.  I just did a long blog post on our craigconnects.org website talking about what we’ve done in the past year. craigconnects, in the long term, is my attempt at figuring out how to get everyone to work together for the common good. My deal is that the Internet will provide a number of platforms for making that happen. I’m giving twenty years to that effort. Tell us about your thoughts on keeping the Internet free. I know you have a strong voice on this matter. This has been quite a hot topic lately with SOPA. SOPA was about shutting down websites at the whims of the powerful, often to suppress free speech. Free speech is a big part of what a “free Internet” is about. We need to prevent bad legislation from preventing people from helping each other out. SOPA was about that. More importantly, the SOPA thing was a wakeup call for the Internet community, and we’re realizing that we need to work together to stop similar malicious efforts. As an entrepreneur named ‘ Time Magazine’s  Top 25 Most Influential People on the Web’ what 3 tips would you share with someone who wants to start their own business, online or other? Many of our readers are wannabe entrepreneurs and mompreneurs. What do you feel makes for a great recipe for business success? Well, I figure people should treat others like they want to be treated, which translates into serious customer service. Realize that you can’t make everyone happy. Do something real, and keep it simple. When are you the happiest? When I feel like I’m deeply engaged with what I should be doing with my life. I do love playing with babies, see the photos of Charlie and me on Facebook . What do you make of all this social media madness and online explosion? What’s real and what’s hyped and falsely inflated? I think it’s real and effective when done well. However, there are people professing social media expertise who lack it, yet they’re billing hours for it. People need to reality test, and also to stay the course. And finally, I often ask in my interviews, what is on your Bucket List? I don’t really have one. I’m tired. ***** About Craig Newmark, in his own words… I’m Craig Newmark. Here’s the first thing: I’m not as funny as I think I am, but sometimes I can’t help myself. I was born in Morristown, N.J., in 1952. Right now, I live in SF. There are other places I think about living, but San Francisco and I seem to be a pretty good fit at the moment. When I went to college I was going to study physics, but instead I got into computers. I had a lot of hair back then. And just like you’d expect I wore a plastic pocket protector and thick black glasses that were taped together. I earned my bachelor’s and master’s in computer science from Case Western Reserve University. I was and will always be a nerd. I was with IBM for 17 years, and then worked for GM, Bank of America, and Charles Schwab until the late 1990s. In 1995 I started helping my friends out by putting stuff together online about events in San Francisco. That project became craigslist — but who knew? Now we’re one of the 10 most-visited English language web platforms on the planet. Really not because of me, I’m really bad at business stuff, but because at least I was smart enough to hire Jim Buckmaster to run the biz and I mostly got out of the way. See, most people assume I run craigslist, but I don’t. It’s run by a small group of very smart people who have stayed loyal to the idea that it should be simple, fast, mostly free, and “bottom-up” oriented. I’ve been involved, of course. I’ve done customer service from the beginning and am committed to it forever. It keeps me anchored to reality. Beyond that, I’ve learned a lot that can be applied to the common good and I’m doing that on craigconnects . I don’t expect to be a “leader” with this thing. I’d rather be a builder. I’d like to build a way for people doing good work to connect, to learn from each other, protect each other, and then I want to get out of their way. I hope you’ll join in and help. Thanks! — I’d love to know what your thoughts.

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John Minahan: Developing Innovative Financial Leaders Through Action Learning

March 21, 2012

Practicing professionals are rarely presented with problems as neat and clean as those in the classroom. Real-world problems are often incompletely understood, vaguely specified, and connected to a variety of other issues in ways that only become apparent when one tries to solve the problem. Or to put it differently, the tools of the classroom are not sufficient to solve complex real-life problems. As educators, we hope what we teach is helpful, but we recognize that much of the wisdom of practicing professionals is acquired “in the field.” In the field, professionals learn how to improvise workable solutions to client’s problems in the presence of competing priorities, and the accumulated experience of such improvisational problem solving is what turns wet-behind-the-ear students into seasoned professionals capable of innovative leadership. At MIT Sloan, we believe it is possible to give students an early taste of professional, client-focused problem solving through what we call “action learning.” Our Master of Finance students do this through our Finance Research Practicum in which they work in teams on research questions posed by businesses and other organizations. Because the research questions derive from actual business problems, they are often only partially defined. For example, one sponsor recently asked a student team this question: How has the European credit crisis affected the pricing relationships between credit default swaps and the underlying bonds on which the credit default swaps are written? Although this appears to be a fairly clear question, there are so many ways a student could begin to explore it that additional definition is necessary. This is the type of question that we want for action learning–one that has enough focus to define the general topic area, but that also requires students to “wrestle” with it to make it more specific. This wrestling is a key part of the practicum and an integral part of the learning process. Students need to impose a structure on an unstructured problem; this is very different from what occurs in the classroom where structure is readily provided. Finding the right structure for the problem requires creativity and also requires dialogue with the client, as a key test of a project’s success is whether or not the students produce something useful for the client. It’s not uncommon for students to begin a project thinking they are assigned to answer one question, but a week later have a different definition of the project. For our purposes, this is a good result. After all, most real-life projects don’t come with instructions for problem solving and the original question often leads to even more questions. In the case mentioned above regarding credit default swap pricing, the question morphed into: How should we price credit default swaps when the markets for both swaps and the underlying bonds have stopped trading? Reflection on and communication of their experiences is also critical to solidify the learning gained from bridging this gap. While working on their projects throughout the winter, students are encouraged to talk to assigned mentors when they need help. We also suggest that they keep a journal about the different steps involved in their project as well as their own learning process. They may be stumped for several days on an issue or they may face a client relationship challenge so we ask them to track all of those ups and downs in a journal. The journal is part of the learning phase involving reflection; students need to take a step back and reflect on what they are learning on a regular basis. The end result includes a deliverable for the client as well as a class presentation on their question and their overall learning experience. It’s important for students to crystalize and articulate their new knowledge, and to hear how other teams addressed different challenges. By the end of the practicum, students have gained content knowledge, technical expertise with various tools, and client relationship skills. More than that, they’ve experienced what it’s like to bridge the gap between classroom knowledge and use of that knowledge to solve a complex and nuanced problem for a client. This requires creativity and improvisation and a thorough understanding of what the client is trying to accomplish. In short, to succeed with the practicum, students must learn to act as professionals. This is one of the ways we develop innovative financial leaders who will improve the world. John Minahan is a Senior Lecturer in the Finance Group and Instructor for the Finance Research Practicum at MIT’s Sloan School of Management.

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Scott Goodson: Conducting Business in Revolutionary Times

March 21, 2012

We’re living in a time of movements and uprisings. Yesterday a movement exploded around the world entitled: Stop Kony 2012. When I logged on there were around 150,000 views. By the time I’d finished and refreshed the page there were thousands more, by nightfall there were 8 million. What’s this movement thing all about? What do uprisings really mean to me? Are they simply an ecstasy of rebellion or fights for social freedom. Or, are they establishing a new culture of activism that is changing the game. As I was finishing my new book called, UpRising , movements were happening everywhere. They started in the Middle East. Egypt had fallen. Bashar al-Assas in Syria faced a mounting national and international uprising. Europe’s economic turmoil sparked uprisings in Greece, England and Spain. In the U.S., we saw the Occupy Wall Street movement (which, at the moment, may seem like yesterday’s news — but it’s likely to resurface as the weather warms and the political season heats up). Protests targeting government corruption were occurring in India, led by one man who ignited a movement that changed the entire government. Israelis had taken to the streets to rail against the rising costs of housing. In Canada, we saw that one foolish policeman declared that women should stop dressing like “sluts” to avoid being assaulted, which sparked an uprising of women first in Canada and then in other countries in which women purposely dressed provocatively as a part of this protest. This is the power of movements: They can start out with a small group of people who believe passionately in something. And they can end up changing the culture… around the world hyper-fast. Just look at the Stop Kony 2012 as a good example. Whether the Occupy Wall Street movement will ultimately have an impact on the issue of income inequality or reinvent America is hard to say. But one thing it has already achieved is to awaken people to the power of movements For those of us in business, it may seem as if all of this is transpiring in a separate realm, well outside the corporate bubble. Unless the protesters are specifically targeting your business, it’s natural to think, “This new era of protest makes for lively news, but has nothing to do with my company or brand.” In a recent article in the Harvard Business Review , I made the argument that this is the complete opposite of what you as a business leader should do. If that’s what you’re thinking, here’s a bullhorn alert: The new social unrest is everybody’s business, including yours and mine. Something has changed in the culture over the past couple of years. Blame it on global economic pressures, general restlessness, or the new hyper-connectivity that enables people to instantly organize around causes and hot-topics. It’s probably some combination of all of these factors, but the net result is that we, as business leaders, are now dealing with a populace that is more socially engaged, more aware of what’s going on in the world, and more hungry to get involved and be heard on various issues. We all know about the mini-uprisings in recent months against brands like Bank of America and the Susan Komen Foundation. And you might say, “Well, they made a bad decision.” But part of their mistake was in not realizing that the world had changed around them. In this new world, their “customers” could easily become activists — either for or against them. So how does a smart business respond in a time of heightened passions and greater activism? Rather than becoming more cautious (in hopes of avoiding any kind of backlash), I believe brands must connect with that passion and activism somehow. If you fail to respond to this shift in the culture, you run the risk of being out of step with your customers. Your company could end up looking like a “status quo” brand in a revolutionary world. Better to join in the march. If uprisings and movements are happening all around, then your business needs to somehow become involved in movements — or better yet, start one of your own. I believe many who have watched what is transpiring around the world can’t help wondering: How can I be a part of something like that? Or, could I possibly help start something like that, based on an idea that matters deeply to me? Among those asking this question will be activists, educators, politicians, community leaders, tech innovators, artists, concerned citizens, entrepreneurs and business leaders in big corporations. The last two groups may seem out of place at a march in Zuccotti Park. Aren’t movements such as OWS against business? Aren’t movements and uprisings supposed to be about noble causes and higher purposes — as opposed to selling stuff? Those are the great questions I tackle in my book. I expect that when you’re done, some will still feel that business has no business getting involved with movements. But here’s what I think. Movements — at least the kind of movements that gather around positive, creative, dynamic ideas, can help build a better, fairer and more sustainable, and more interesting world. They can help, like in the case of Stop Kony 2012, or The Girl Store for Nanhi Kali to rally support for worthy causes; help an innovator or entrepreneur build momentum behind a new idea, that can even put someone in the White House. From a business standpoint, they can enable a company to form a stronger connection to the public. And yes, that can certainly translate into profit, though I think it can also have other effects that are less mercenary but no less important. Many traditional marketers will shun away from this thinking because the advertising industry is based on making money and money is still made in traditional advertising not in thinking in new ways such as movement marketing. Organizations aren’t structured to change models so quickly. Some are setting their sights on a new model of marketing such as APCO Worldwide. OK, OK… the thought of turning to movements instead of traditional advertising is controversial. But these days of business revolution what isn’t controversial? The systems of the past are not the system of the future. And the movement for movements is just beginning.

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John Fullerton: Financial Statesmanship for a New Economy

March 21, 2012

Reactions to departing Goldman derivatives salesman Greg Smith’s ” Why I am Leaving Goldman Sachs ,” which appeared as an op-ed in the New York Times last week, have ranged from the hyperbolic — Robert Reich’s ” If you took the greed out of Wall Street, all you’d have left is the pavement ” — to the addicted — Mayor Michael Bloomberg’s “we need their taxes” (my paraphrase). Both views are problematic, as I will address. But first, some historical context: Wall Street has always been rife with conflicts of interest. Avoiding all conflicts of interest would destroy the lucrative integrated banking business model, so Wall Street has long proclaimed “we don’t avoid conflicts, we mange them.” Clearly, that no longer works. During the nearly twenty years I spent at JPMorgan (previously known as the Morgan Guaranty Trust Company of New York), the strong and principled leaders on Wall Street — names like JPMorgan’s Lew Preston and Dennis Weatherstone, Goldman’s John Whitehead and John Weinberg, and Lazard’s Felix Rohatyn — acknowledged these conflicts and took great pains to manage their firms’ affairs in such a way as to avoid even the appearance of conflicts of interest in their dealings with clients, regardless of the forgone revenue opportunities. These leaders were financial statesmen, role models for a generation. I stayed at what we now call “the old JPMorgan” (prior to the merger with Chase in 2001) for nearly two decades because of culture. It was far from perfect, but the firm had a special culture that demanded integrity and valued teamwork. “Only first class business, and that in a first class way” was a famous saying of J. P. Morgan, Jr. It is interesting to read the full context of this statement , still posted on Morgan’s website to this day. I wonder what happened to the belief that banking is a profession, as Morgan believed, rather than “just a business” as it is today. There was an arrogance about the culture of integrity at the firm when I had the privilege to work there, but it was real. I think it was also quite unique on Wall Street. But in fairness, we were served a lot of Kool-aid. When I started my career in the 1980′s, JPMorgan Chairman and CEO Lew Preston had a saying that was etched in the minds of all of us young bankers and was passed on for years after Lew’s departure in cult-like fashion: “When we make errors, let us be sure they are errors of judgment, not errors of principle.” There are no financial statespeople like Lew Preston or John Whitehead on Wall Street today, able to see that the colossal firms they oversee have become too big and complex to manage or govern. They systematically exploit conflicts of interest to the extent they can get away with it, as a central component of their business models. As society fully understands, these firms are incompatible with a resilient financial system that serves the long-term needs of the real economy. The servant has become master, confusing means with ends. But this does not mean that there is nothing on Wall Street above the pavement but greed, now or in the past, as Robert Reich suggests. There are many smart, hard working, honest people working in a system they did not create, nor particularly like. Some will walk away when they feel they can. Some like Greg Smith will leave with a bang. Many will carry on oblivious to the inevitable consequences of the system. There is no going back, too much has changed. And much of what’s currently wrong has always been there, yet on a smaller scale and therefore less dangerous to society as a whole. Looking forward, I can imagine three potential outcomes: Financial Statespeople emerge into leadership positions on Wall Street and lead these firms to a sustainable position serving the real needs of an economic system in profound need of transformation. In a letter exchange I had with Lloyd Blankfien back in 2009, I offered up such a proposal for Goldman in what I called the ” Goldman Sachs Historic Restructuring Speech “. While I never expected Blankfein to have the courage to follow my (unsolicited) advice, I also never could have imagined that he would subsequently embarrass himself and the entire industry trying to defend a truly sinister transaction like “Abacus” in front of the US Congress. A second outcome where governments restructure the industry by placing hard lines that eliminate the biggest conflicts of interest while downsizing the speculative casino to the safe side show it should be appears equally unlikely at this time. But it remains a possibility, even if politically unlikely given Wall Street influence in Washington. The third and unfortunately most likely outcome is that the bankers win in the short term and we continue to subsidize what are otherwise unsustainable business models and the bonuses they throw off, making it hard if not impossible for healthy alternatives to emerge at a scale that matters. In fact, the regulations imposed will have the perverse affect of making it even harder for new entrants to compete away the business of the entrenched due to the high compliance costs that only the giants can absorb. In this scenario, we inevitably drive headlong into the next financial crisis with further economic violence done to people in the real economy. Which finally brings us back to Mayor Bloomberg’s “we need the tax revenues” reaction. Bloomberg has been a good mayor in my opinion, perhaps a great mayor. He is a strong leader. Yet his response reveals how much trouble we are in, particularly looked at from a financial center like New York (or London), but also true when looked at from the unsustainable underfunded pension obligations of many states in the union. We have become addicted to speculative finance to achieve unsustainable financial returns to keep the entire system from imploding under a mountain of unserviceable liabilities right at the time when resource constraints will make it harder for the developed economies to grow out of these debts, debts made far worse by the inevitable crashes that the unsustainable system perpetuates. It’s time for financial statesmanship to emerge on Wall Street. Surprise us.

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John Bates: High Frequency Trading: The Party Might Get a Little Less Wild

March 21, 2012

After three years of severe market volatility, and a jaw-dropping flash crash, the financial rock star phenomenon known as high frequency trading (HFT) looks a little burned out. Like many rock stars, HFT seems to be suffering from too many late night parties and some incredibly unflattering press. And its business managers — regulators and exchanges — are watching closely for signs of abuse, making it more difficult for HFTs to get away with anything. HFT has had a good run. Relatively cheap stock prices made it easy to trade billions of shares with limited capital. High volatility gave HFT algorithms a chance to dive in and out of the market constantly, chipping off fractions of pennies until they added up to substantial profits. But they may have partied just a little too hard, causing more damage than just the May 6 flash crash. According to a new study by physicist Neil Johnson and his colleagues at the University of Miami, “Financial black swans driven by ultrafast machine ecology”, more than 18,000 instances of ultrafast mini-crashes have occurred over the past five years — almost ten per trading day on average. These mini-crashes took place in under 1.5 seconds, with many happening in less than one-tenth of a second, and moved the stock price by more than 0.8 percent. There is some evidence that the faster the trades, the higher the likelihood of an incident. These mini-crashes, added to some of the more obvious glitches such as fat fingers and rogue algorithms, are adding to the tarnish on HFT. Investors have noticed and voted with their feet; trading volumes in the U.S. stock market have plummeted to the lowest levels of the year despite rallying prices. According to Bloomberg , current levels are the lowest (excluding holiday weeks) since Bloomberg began tracking the data in 2008. This is partly because global economic woes are causing market uncertainty, but it also reflects fears over competing with ‘robot’ traders. The faster these trading systems get, the more danger lies in market abuse, errors and mini- or full-blown flash crashes occurring. There is also the probability that increased interdependence of asset classes will lead to cross asset flash crashes — a domino effect in which the crashes ‘splash’ across equities, commodities, foreign exchange, and derivatives. As Johnson said in his report: “The downside of society’s continuing drive toward larger, faster, and more interconnected socio-technical systems such as global financial markets is that future catastrophes may be less easy to forsee and manage.” This is true. Because the mechanics of anticipating and responding to market abuse or flash crashes are complex, everyone — not just regulators and exchanges but brokers and traders — has to be proactive in using the correct tools to monitor algorithmic trading. The detection of abusive patterns must happen in real-time, before any suspicious behavior has a chance to move the market. Sensing and responding to market patterns before aberrations or errors have a chance to move prices is the right thing to do — in all asset classes. The rock star-like HFT firms, especially, have to be more proactive to ensure that market abuse doesn’t happen and that errors and are caught before the market is affected. Otherwise their business managers might shut them down and they will be partying like it’s 1999 — not 2012.

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Philip Radford: Shell Tramples Our Civil Rights — to Do More Dangerous Drilling

March 21, 2012

Yesterday, in a small courtroom in Alaska, David met Goliath once again. Greenpeace USA’s small team of lawyers came face to face with representatives from Shell, the multinational oil company seeking one of the broadest legal injunctions ever sought against an entirely peaceful environmental group. The judge’s decision will resonate far beyond Anchorage and help determine the future of activism in this country. A little backstory is needed here. In a desperate attempt to shore up its proven reserves, Shell is betting the ranch on new drilling in Arctic waters. Its executives purr reassuringly about ‘energy independence,’ as if one more hit of the black stuff will be enough to lower gas prices, ease our financial pain and bring back the dreamy nineties. Rather than seeing melting sea ice for what it really is — a flashing warning sign of continental proportions — this increasingly desperate company wants to drill for more of the fossil fuel that is causing the problem in the first place. Forget the remoteness, fierce storms, unique species, or the handful of spill response vessels for a second. Instead close your eyes, breathe deeply, and think about what it will mean to reflect that a 21st-century company chose to put its finest engineers on a project that actually made the climate problem worse. While storms battered our coastlines and drought plagued our farmers, Shell squeezed out the last drops of oil and ignored clean energy like it was a passing fad. As you might have guessed, Greenpeace is pretty much against the gig. Our supporters across the world have sent over 250,000 emails to Shell’s executives pointing out the painful irony in their position. The actor Lucy Lawless joined Greenpeace New Zealand to prevent one of their Arctic drillships from leaving port for the long trip to Alaska. And that’s when Shell decided to pull out the big guns. Our offices in Alaska, San Francisco, and Washington, D.C. were served with copies of the lawsuit simultaneously. After a quick scan our lawyers couldn’t believe the scope of these documents. Shell was basing much of its complaint against Greenpeace USA on an activity 6,000 miles away conducted by Greenpeace New Zealand. The company proposed a restraining order covering anyone acting “in concert” with Greenpeace from “tortiously or illegally interfering with Shell’s property” anywhere in the U.S. Never mind that there are already laws against interference, trespass or nuisance. What Shell wanted was an extraordinary legal hammer that could have been dropped on any one of our 500,000 email subscribers who chose to act a little more robustly than the company would have liked. The judge rejected the bulk of this draconian request, instead issuing a temporary restraining order that applies to Shell’s drilling rigs and support vessels. But today the company is back in court, asking for an injunction that would once again widen the suit to include 80-year-old grandmothers in Idaho alongside students fighting for their future with Greenpeace. It’s a mark of how effective corporations have become that in modern America protest is now seen as a dirty word. Today, any challenge to the dominant business model is condemned as unpatriotic, a slur on Milton Friedman’s great legacy. Lest we forget, an inefficient economy driven by oil was not part of the Constitution, nor is it mentioned in the national anthem. The 1% has used its power to create the illusion that there is only one way to power America’s greatness and restore the country to its proper place in the world. Somewhere along the way fossil fuels have become a pillar of democracy instead of what they really are — an enemy of the state. But something is changing. When companies like Shell use expensive and frivolous lawsuits to silence opposition to their plans, people take notice. They may have all the money in the world but there are now hundreds of thousands of people who see the folly in this doomed enterprise. Arctic drilling is one of the great mistakes of our age and it will not be allowed to happen. Whatever happens in court, Greenpeace will continue to oppose Shell’s plans peacefully and vigorously because we, the people, have truth on our side. That’s something even billionaire oil companies can’t buy. Philip Radford is Executive Director of Greenpeace USA.

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Dan Solin: Judge Slams FINRA Arbitration

March 20, 2012

Until March 12, 2012, Deborah Gale Evans , a partner in the Boston law firm of Michaels, Ward & Rabinovitz, was enjoying great professional success. The Michaels Ward firm is well known for its expertise in securities litigation and regulation. According to its website , the firm represents banks, broker dealers and others in court and arbitration proceedings. Ms. Evans specializes in representing broker-dealers in arbitrations before the Financial Industry Regulatory Authority (FINRA). If you have an account with a retail broker, or are employed by one, you signed an agreement requiring you to submit all disputes to mandatory arbitration administered by FINRA. The idea of requiring investors and employees to arbitrate disputes before a tribunal appointed by the very industry being sued is deeply troubling. Because it deprives American citizens of their constitutional rights to access to the courtroom and trial by a jury of their peers, it has neither the appearance nor the reality of impartiality. Among others, I testified before Congress and urged it to enact legislation prohibiting mandatory arbitration clauses as being fundamentally unfair. A study I co-authored of more than 14,000 FINRA arbitration awards over a ten-year period found that investors with significant claims suing major brokerage firms could expect to recover only 12 percent of the amount claimed. It is not surprising that many investors required to submit to this process perceive it to be biased against them. Ms. Evans represented Wells Fargo Advisors in a dispute with a former financial adviser, Clifford J. Watts, III. Watts had signed a promissory note in favor of his former employer, Wachovia, which was later bought by Wells Fargo. The note provided for payment of the unpaid principal, plus interest upon termination. Watts quit Wells Fargo but refused to pay the balance due on the note, claiming that it was really a bonus and that the terms of his employment were materially changed after the acquisition, forcing his termination. The FINRA panel decided in favor of Wells Fargo and ordered Watts to pay the principal, interest and to reimburse Wells Fargo for its attorney’s fees in the amount of $60,480.25. Stung by this defeat, Watts filed a motion in the United States District Court for the Western District of North Carolina to overturn the award (case # 5:11cv 48, reported at 2012 LEXIS U.S. Dist. LEXIS 32244). Wells Fargo asked the Court to enforce it. Normally, efforts to overturn an arbitration award are unsuccessful because the legal grounds for doing so are very narrow. Motions to enforce an award are almost always granted. That’s where it got interesting. The U.S. District Judge assigned to decide the case was Max O. Cogburn Jr . He joined the Court in 2011, after being appointed by President Obama. Judge Cogburn heard oral argument on the motions to vacate and confirm. Ms. Evans argued for Wells Fargo. In a stinging rebuke to both Ms. Evans and (more importantly) to the FINRA arbitration process, Judge Cogburn has some choice words for both. When he asked Ms. Evans if the Court has the power to vacate an award if it found the underlying agreement was illegal (which it clearly does), Ms. Evans “… immediately challenged the Court’s statement.” Apparently not sensing Judge Cogburn’s concerns, Ms. Evans told him that Wells Fargo “… handles hundreds of arbitrations a year” and that she handles 30 or 40 of them as counsel. She then uttered these words, which I am sure she now regrets: “I’ve never lost one and I’ve never not gotten attorney’s fees. I always win these cases.” Judge Cogburn was not impressed with this track record, noting: “Now there’s a level playing field.” Either Ms. Evans is a combination of Clarence Darrow and F. Lee Bailey or the process is rigged in favor of the securities industry. Judge Cogburn made it clear how he came out on this issue. The Court noted that the securities industry’s “constant and prolific participation” in these arbitrations gave it “a clear advantage over the individual employee or customer” because the industry knows which arbitrators will favor its position. That fact, coupled with the limited review permitted by the Courts, results in a “… process in which, as in this case, counsel for the bank can remain undefeated 30 or 40 times a year.” Ms. Evans lectured the Judge on the “voluntary” nature of arbitration and its cost savings benefits. Judge Cogburn rejected these arguments as “disingenuous,” correctly noting that employees and customers have no recourse other than to sign these agreements. He turned the “saving money” argument on its head, noting that “… since the individuals seldom win and are forced to reimburse costs and attorneys fees, the only ones saving money are large institutions like the claimant.” Nevertheless, and with obvious misgivings, the Court confirmed that part of the arbitration award requiring repayment of principal and interest of the note. However, it vacated the award of attorney’s fees, finding that the amount of those fees was pulled “out of thin air” and was “completely arbitrary.” To date, congressional efforts to ban mandatory arbitration have met with formidable and highly effective resistance from the securities industry and business lobbies. Maybe Judge Cogburn’s decision will spur renewed interest in this legislation, which is long overdue. In the interim, attorneys like Ms. Evans should ask themselves whether their stunning success is attributable to their legal skill or the lack of impartiality of FINRA arbitration panels. I called Ms. Evans and sent her several e-mails asking for her comments on this decision. I received no response. Dan Solin is a senior vice president of Index Funds Advisors. He is the New York Times bestselling author of “The Smartest Investment Book You’ll Ever Read,” “The Smartest 401(k) Book You’ll Ever Read,” “The Smartest Retirement Book You’ll Ever Read” and “The Smartest Portfolio You’ll Ever Own.” His new book is “The Smartest Money Book You’ll Ever Read.” The views set forth in this blog are the opinions of the author alone and may not represent the views of any firm or entity with whom he is affiliated. The data, information, and content on this blog are for information, education, and non-commercial purposes only. Returns from index funds do not represent the performance of any investment advisory firm. The information on this blog does not involve the rendering of personalized investment advice and is limited to the dissemination of opinions on investing. No reader should construe these opinions as an offer of advisory services. Readers who require investment advice should retain the services of a competent investment professional. The information on this blog is not an offer to buy or sell, or a solicitation of any offer to buy or sell any securities or class of securities mentioned herein. Furthermore, the information on this blog should not be construed as an offer of advisory services. Please note that the author does not recommend specific securities nor is he responsible for comments made by persons posting on this blog.

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Mary Ellen Biery: The Three R’s of Boosting Profitability

March 20, 2012

If sales volumes aren’t improving or are volatile, business owners can still grow profits. It’s all about boosting profitability, which is something privately held businesses have been doing since 2009, according to data from Sageworks Inc., a financial information company. Pretax net margins for privately held companies in the United States as a whole were approximately six percent in 2011, compared with about five percent in 2010 and four percent in 2009, according to Sageworks data. Here are three ways to generate more bang for the bucks your business brings in: 1. Revisit suppliers. Loyalty often plays a role when choosing suppliers, says Michael McNeilly, Sageworks director of advisory services. But there are probably alternative vendors eager to earn your business, so ask current and prospective suppliers about discounts they can offer, he says. Be sure to ask about future pricing, too, McNeilly says, as you don’t necessarily want to switch suppliers for a one-time discount. “Often using more than one supplier creates a competitive situation that allows you to continuously get more advantageous pricing,” he says. 2. Request quicker delivery. Some businesses believe keeping a larger inventory provides a better presentation to customers or paves the way for bulk purchasing discounts, says McNeilly. “But a lot of time, that inventory simply takes up space and ties up cash,” he says. You can often keep a smaller inventory by utilizing same-day or next-day delivery on additional orders. “Pressing suppliers to deliver inventory quickly allows you to utilize the supplier for warehousing,” he says. That can free up space to offer customers a wider selection of products and free up a significant amount of cash flow while still meeting customer needs. 3. Review returns on advertising. “It’s easy to spend way too little on advertising, but it’s also easy to spend way too much,” says Nathan Myers, Sageworks director of consulting services. “The only way you know if your money is being used effectively is to track the results of your marketing.” Go to the source to find what works. Ask customers why they came on board, what got their attention and where they heard of you. “A quality conversation yields the best information, but they can be few and far between,” Myers says. Mix it up and creatively poll customers using different methods. But be sure you approach all inquiries with consistency, he advises. Ask so that the answers you get ultimately lead you to your goal — answering the question, “Where should I spend my advertising dollars?”

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James Perry: Banks Could Learn a Thing or Two

March 20, 2012

Plunging from revered financial arbiter to America’s anathema — the lending industry has descended in dramatic fashion. Expressions of lending industry scorn are now standard fodder in a near constant flow of blogs, newspaper articles, editorials, evening news reporting and cable news analysis. Consumer scorn is not only shared around kitchen tables, places of worship and work place water colors, rather, it is embodied in the Occupy Movement. In fact the movement so embodied the public’s disdain, that at the urging of the Occupy Movement, people en masse closed bank accounts at major banking institutions and opted for credit unions. Arguably, in the last ten years we have not seen a more visceral example of capitalism gone awry. Lending institutions got away from core business principles that required fiscal soundness, conservative growth, honesty in business and a recognition of the interconnectedness of profitability and community. The principled belief that a stronger local, state and national community results in a stronger more consistent bottom line for lending institutions is not just feel good chatter. In fact, the existence of lending institutions relies upon this business principle. If lenders strip all equity and worth from communities then they end up destroying the very source of their income and ultimately, their entire business. Regrettably, we have seen lending institutions all too eager to feast on the hen that lays the golden eggs. It was the cause of the tumult and eventual ruin of Lehman Brothers, Country Wide Mortgage, AIG and others. Perhaps a refresher course in the form of a business school style case studio would do well by CEO’s of top lending institutions. Enter Kiva New Orleans . Kiva New Orleans is a non-profit small business lender where quite literally, you make the loan. Any and everyone in the world, can visit the Kiva web site and loan capital to small businesses. Here’s how it works . Interested small businesses and entrepreneurs, are counseled and qualified by business experts. Once qualified, they post information about their business model and the exact purpose and goal for the loan on the Kiva website. In the post, they explain their business model and loan repayment strategy all with an eye toward persuading site visitors to loan them the capital necessary to make their business grow. Visitors to the Kiva site commit $25 to $250 pooling as much as $10,000 to capitalize the proposed project. The small businesses then make use of the capital and repay the loan over 24 to 36 months. Kiva businesses have a 98.91 percent repayment rate . So clearly Kiva lenders are not the typical bunch of Armani wearing Wall Street money guys. Instead regular people looking for a chance to help community while simultaneously generating income examine business proposals and build their own loan portfolios. Kiva, has been operating since 2004 lending more than $ 293 million over only eight years . Seeing a need for community minded capital in the United States of America, Kiva decided to launch loan projects in Detroit and New Orleans . The results have been incredible. I interviewed staff of Kiva New New Orleans and found out that in only 6 months, 32 area small business entrepreneurs received loan capital, totaling $272,500. 100 percent of these businesses are minority-owned. 66 percent are women-owned. 57 percent are start-ups. 88 percent are low-income. And amazingly, but not surprisingly, 100 percent of these minority small business entrepreneurs were turned down for loans from traditional funding sources… you know, the Armani Suit Wall Street types. So there is a clear lesson to be learned from the greed induced profit by any means lending model that has spurred a financial crisis inducing massive home foreclosures and nearly bankrupting America. Respect and compassion for community is a requisite ingredient in the mixture that constitutes responsible lending. A business model that destroys the very thing that sustains it, will fail in the long term. The Kiva approach proves that real people get it. It is only the Wall Street types whose hunger for profitability leads them to devour the hand that feeds them. And while recent $25 billion dollar fines paid by major actors in the lending crisis may send a strong message. It surely is not enough. In fact the entire lending system may need to be retooled. And I know that I suggested a business school refresher course for big bank CEO’s, but maybe I was wrong. Perhaps what they really need is a good old talking to by some the regular people who made loans through Kiva to grow business and make community strong.

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David Halperin: Leaked Memo Reveals That House GOP Leaders "Directed" For-Profit College Lobbying Strategy

March 20, 2012

For-profit colleges like ITT, DeVry, Kaplan, and the Art Institutes — sometimes called subprime schools because they leave many students deep in debt while taking billions of dollars from taxpayers — continue an expensive lobbying push to influence Congress and avoid accountability. Republic Report has received a 2011 draft strategy memo by the biggest for-profit college trade association, APSCU, outlining a plan to keep taxpayer money flowing to poorly-performing schools and to derail investigations of fraudulent activity. The six-page APSCU draft document reveals: The group’s strategy for passage of key bills in Congress was “directed by” the “House Republican leadership.” APSCU appeared to closely integrate its efforts to get favorable votes in Congress with its political strategy of donating to Senate and House candidates and influencing elections — a clear, and troubling, illustration of how the wealthy for-profit education industry uses its financial muscle to avoid federal accountability, despite overwhelming evidence that many schools in the sector engage in waste, fraud, and abuse with taxpayer money. Faced with a significant effort by Kentucky Attorney General Jack Conway to investigate abuses by for-profit schools, APSCU planned to “seek opportunities to isolate Conway efforts” from other state attorneys general. A source with knowledge of the industry confirmed the authenticity of the June 2011 draft memo, a “100-Day Plan” for the organization, and said that the memo was an accurate account of APSCU strategy and plans. According to the draft, the memo was requested by the APSCU board chair, Art Keiser, CEO of Keiser University, in the wake of the resignation of APSCU CEO Harris Miller. The memo was addressed to the APSCU board of directors from Brian Moran, then serving as APSCU’s interim president and now its executive vice president of government relations and general counsel (and also the chairman of the Virginia Democratic Party). (Miller was forced out of the job after a series of missteps, including an ill-advised parody video uploaded to YouTube and reposted by the Democratic blog Blue Virginia.) While it is unclear who drafted the memo, and it is clearly labelled a draft, those making edits on it included then-senior vice president for communications Bob Cohen, as well as several APSCU staff members who focused on Congress and on federal regulation. You can read the full document here . In a discussion of APSCU’s legislative strategy, the memo addresses a bill to repeal Obama Administration rules that would tighten standards regarding credit hours and ensure at least minimal oversight by states of schools receiving federal aid. The memo states, “As directed by House Republican leadership, we will reinforce the traditional sector’s support for the bill with House and Senate.” The traditional sector refers to non-profit and public colleges, some of whom also opposed these Obama rules. It’s fascinating to learn that not only does the House GOP membership vote with near-unanimity to shield the for-profit college industry from accountability, but that the Republican leadership is so helpful that APSCU sees GOP leaders as “directing” aspects of the industry’s legislative strategy. (This bill did pass the House , with every GOP vote a yes, last month. Former Republican Congressman Steve Gunderson became the new CEO of APSCU in January.) Another bullet point, referring to other potential legislation, again uses the phrase “as directed by House leadership.” The memo also states that APSCU would back a “House leadership supported legislative vehicle” to repeal the Administration’s “gainful employment” rule, the hotly-contested regulation that would cut off federal aid to schools that repeatedly leave most of their students with overwhelming debt. The APSCU memo’s discussion of legislative strategy is completely integrated with mentions of electoral matters — that APSCU would continue “relationship building” with the Democratic Congressional Campaign Committee; that the group would “Develop Senate Political Strategy, which identifies 12 competitive Senate races in 2012″ and would “aggressively target APSCU PAC giving towards the 12 Senators identified in the Senate Political Strategy.” It appears from the memo that the activities of the APSCU PAC, or political action committee, and the activities of APSCU, which is an IRS-recognized 501(c)(6) trade association, were closely tied. In its IRS form 990 filing for the previous year, 2009-2010, APSCU, then called the Career College Association, answered “no” to the question, “Did the organization engage in direct or indirect political campaign activities on behalf of or in opposition to candidates for public office,” but obviously times have changed. The memo also anticipates planning for the group’s presence at the 2012 Democratic and Republican national conventions. In addition, the draft memo describes an effort to cope with a widening investigation by state attorneys general of deceptive recruiting, student loan defaults, and other misconduct by some of the subprime colleges. The memo reveals the existence of “weekly APSCU Task Force calls” to address the investigation, and calls for “state attorney general outreach.” It also states that APSCU would seek to “isolate” Kentucky AG Conway, who is leading the bipartisan group of attorneys general investigating industry behavior. (One item on the memo’s agenda was the upcoming July 2011 Conference of Western Attorneys General in Hawaii, where in fact there was a panel favorable to the for-profit colleges; while the panel moderator was Iowa AG Tom Miller, who is one those investigating for-profit schools, all three panelists were representatives of the industry.) The memo also indicates that APSCU would advance “Project Rose,” the Shakespearean/Orwellian effort, exposed last week in Republic Report, to compel industry members to alter “the vernacular of our sector” by, for example, renaming a high-pressure “call center” an “enrollment-assistance center,” calling a “recruiter” a more sympathetic “counselor,” and stopping use of the term “piece of business” because “applicant,” a.k.a. prospective student, sounds much nicer. There is even more to consider in the APSCU draft, especially for wonks deeply engaged in the higher education debate. But all citizens should be concerned about the relentless lobbying of this industry — with high-priced lobbyists like Trent Lott — for policies that allow abuses to go unchecked, that allow the worst actors to get the same benefits as those actually trying to serve students. There are quality programs in the for-profit sector — I’ve personally seen them. But I’ve also met students who were misled and left with worthless credits or degrees and insurmountable debt, and there are thousands of them across the country, people struggling to provide for themselves and their families — low-income people, immigrants, veterans, military spouses. With many for-profit education companies receiving around 90 percent of their income from federal financial aid, and with for-profit colleges accounting for about 13 percent of U.S. college students but nearly half of all loan defaults, it’s time for smart policies that direct federal aid to programs that actually help students to learn and get jobs, rather than programs that ruin their lives. My attempts to contact Brian Moran of APSCU for comment resulted in a call from an APSCU consultant, who accepted my offer to review the APSCU memo. But neither she, nor Moran, nor anyone else at APSCU got back to me to discuss, despite followup. I would be glad to present APSCU’s perspective in a future post if I hear back. The original version of this article appeared on Republic Report .

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William Hartung: Throwing Money at the Pentagon

March 20, 2012

A Lesson in Republican Math Cross-posted with TomDispatch.com If you’ve been fretting about faltering math education and falling test scores here in the United States, you should be worried based on this campaign season of Republican math. When it comes to the American military, the leading Republican presidential candidates evidently only learned to add and multiply, never subtract or divide. Advocates of Pentagon reform have criticized President Obama for his timid approach to reducing military spending. Despite current Pentagon budgets that have hovered at the highest levels since World War II and 13 years of steady growth, the administration’s latest plans would only reduce spending at the Department of Defense by 1.6 percent in inflation-adjusted dollars over the next five years. Still, compared to his main Republican opponents, Obama is a T. rex of budget slashers. After all, despite their stated commitment to reducing the deficit (while cutting taxes on the rich yet more), the Republican contenders are intent on raising Pentagon spending dramatically. Mitt Romney has staked out the “high ground” in the latest round of Republican math with a proposal to set Pentagon spending at 4 percent of the Gross Domestic Product (GDP). That would, in fact add up to an astonishing $8.3 trillion dollars over the next decade, one-third more than current, already bloated Pentagon plans. Nathan Hodge of the Wall Street Journal engaged in polite understatement when he described the Romney plan as “the most optimistic forecast U.S. defense manufacturers have heard in months.” In fact, Romney’s proposal implies that the Pentagon is essentially an entitlement program that should receive a set share of our total economic resources regardless of what’s happening here at home or elsewhere on the planet. In Romney World, the Pentagon’s only role would be to engorge itself. If the GDP were to drop, it’s unlikely that, as president, he would reduce Pentagon spending accordingly. Rick Santorum has spent far less time describing his military spending plans, but a remark at a Republican presidential debate in Arizona suggests that he is at least on the same page with Romney. In 1958, the year he was born, Santorum pointed out , Pentagon spending was 60 percent of the federal budget, and now it’s “only” 17 percent. In other words, why cut military spending when it’s so comparatively low? Of course, this is a classic bait-and-switch case of cherry-picking numbers, since the federal budget of 1958 didn’t include Medicare , Medicaid , the Environmental Protection Agency , or the Occupational Safety and Health Administration . The population was 100 million less than it is now, resulting in lower spending across the board, most notably for Social Security . In fact, Americans now pay out nearly twice as much for military purposes as in 1958, a sum well in excess of the combined military budgets of the next 10 largest spending nations. Of course, in a field of innumerates, Santorum’s claim undoubtedly falls into the category of rhetorical flourish. It’s unlikely that even he was suggesting we more than triple Pentagon spending — the only way to return it to the share of the budget it consumed in the halcyon days of his youth. (Keep in mind that profligate Pentagon spending in that era ultimately prompted President Dwight D. Eisenhower to coin the term “military-industrial complex.”) Still, Santorum clearly believes that there’s plenty of room to hike military spending, if we just slash genuine entitlement programs deeply enough. He would undoubtedly support a Pentagon budget at Romney-esque levels, as would Newt Gingrich based on his absurd claim that the Obama administration’s modest adjustments to the Pentagon’s record budgets would result in a “hollowing out” of the U.S. military. Mitt Romney at Sea But let’s stick with the Republican frontrunner (or stumbler). What exactly would Romney spend all this money on? For starters, he’s a humongous fan of building big ships, generally the most expensive items in the Pentagon budget. He has pledged to up Navy ship purchases from 9 to 15 per year, a rise of 50 percent. These things add up. A new aircraft carrier costs more than $10 billion; a ballistic missile submarine weighs in at $7 billion or more; and a destroyer comes with a — by comparison — piddling price tag of $2 billion-plus. The rationale for such a naval spending spree is, of course, that all-purpose threat cited these days by builders of every sort of big-ticket military hardware: China. As Romney put it late last year, if the U.S. doesn’t pump up its shipbuilding budget, China will soon be “brushing aside an inferior American Navy in the Pacific.” This must be news to former Secretary of Defense Robert Gates, who noted in a May 2010 speech to the Navy League that the fleet is larger than the next 13 navies combined — 11 of which, by the way, belong to U.S. allies. As for the Chinese challenge, much has been made of China’s new aircraft carrier , which actually turns out to be a refurbished vessel purchased from Ukraine in 1998 and originally intended to be a floating casino. It would leave the U.S. with only an 11 to 1 advantage in this category. It’s true that China is increasing the size of its navy in hopes of operating more freely in the waters off its coast and perhaps the contested South China Sea (with its energy reserves), but it is hardly engaged in a drive for global domination. It’s not as if Beijing is capable of deploying aircraft carriers off the coasts of California and Alaska. In the meantime, Romney’s shipbuilding fetish doesn’t add up. It’s as ludicrous as it is expensive. Romney is also a major supporter of missile defense — and not just the current $9-$10 billion a year enterprise being funded by the Obama administration, primarily designed to blunt an attack by long-range North Korean missiles that don’t exist. Romney wants a “full, multi-layered” system. That sounds suspiciously like the Ronald Reagan-style fantasy of an “impermeable shield” over the United States against massive nuclear attack that was abandoned in the late 1980s because of its staggering expense and essential impracticality. If the development of Romney’s high-priced version of a missile shield were again on the American agenda, it would be a godsend for big weapons-makers like Boeing, Lockheed Martin, and Raytheon, but would add nothing to the defense of this country. In fact, it stands a reasonable chance of making things worse. Given the overkill represented by the thousands of nuclear warheads in the American arsenal, the prospect of a nuclear missile attack on the United States is essentially nil. As arms experts like Dr. Theodore Postol of the Security Studies Program at the Massachusetts Institute of Technology have pointed out, in the utterly unlikely event of a massive nuclear missile attack, Romney’s plan would be virtually useless . There’s just no way to provide a near-perfect defense against thousands of warheads and decoys launched at 15,000 miles per hour. The only reasonable defense against nuclear weapons would be to get rid of them altogether, a course suggested by scores of retired military leaders, former defense officials, and heads of state. Even Henry Kissinger has joined the “go to zero” campaign, supporting a far more sensible approach to the nuclear dilemma than Romney’s fantasy technical fix. The Romney anti-missile program would, however, do more than just waste money. It would restore the Bush administration’s plan to emplace a long-range anti-missile system in Europe officially aimed at Iran but assumedly capable of taking out Russian missiles as well. Given that the Obama administration’s far more limited plan for Europe has already caused consternation among Russia’s leaders, imagine the harsh reaction in Moscow to the over-the-top Romney version. It could put an end to any hopes of further U.S.-Russian nuclear reductions — a significant price to pay for a high-tech boondoggle with no prospect of success. Ensuring a Cost-Overrun Presidency If you were hoping that, with an eye to fighting yet more disastrous wars in the Greater Middle East like the $3 trillion fiasco in Iraq, the U.S. would raise ever larger armies, then Mitt’s your man. While Secretary of Defense Leon Panetta’s latest plan would reduce the Army and Marines by about 100,000 over the next five years — essentially rolling back the increases that were part of the post-9/11 buildup — the former Massachusetts governor would double down by adding 100,000 more troops to present force levels. His rhetoric and the bona fides of his neoconservative advisors suggest that one place President Romney might send those bulked up forces would be to Iran as “boots on the ground.” He has repeatedly claimed that, if President Obama is re-elected, Iran will get a nuclear weapon, and has asserted that if he is elected it will not. He has mocked the president for not being “tough enough” on the Iranians and implied that a Romney administration would consider force a go-to option against that country, rather than a threat meant to back up a diplomatic strategy. Keep in mind that if Romney were to follow through on these costly undertakings and others like them, it would only add to the good old-fashioned waste and fraud that’s the norm of Pentagon contracting these days. As former head of the Joint Chiefs of Staff Admiral Mike Mullen pointed out , the post-9/11 national security spending binge played havoc with any sense of fiscal discipline at the Pentagon, eliminating the need to make “hard choices” or “limit ourselves” in significant ways. In his former position as Pentagon procurement czar, Under Secretary of Defense Ashton Carter acknowledged that “in a decade of ever-increasing defense budgets… it was always possible for our managers… when they ran into a technical problem or a difficult choice to reach for more money.” Romney’s Republican math would ensure that this will continue. Defense giants like Lockheed Martin, whose F-35 combat aircraft has more than doubled in price over original projections, must be salivating at the prospect of another cost-overrun presidency, which would result in soaring profits and few punishments. And let’s not forget the “spend more” brigades in the Republican House, led by Armed Services Committee Chairman Howard “Buck” McKeon (R-CA). Having received more than three-quarters of a million dollars in campaign contributions from weapons contractors since 2009, he has never met a weapons system he didn’t like. Under a Republican administration, McKeon and his pork-barrel pals in Congress would have free rein to jack up spending on weapons and personnel with little concern for the impact on the deficit. If a Republican president were to follow through on his campaign pledges, massive Pentagon increases and a dogged resistance to raising revenues would also result in major hits to every other item in the federal budget, from education to infrastructure. According to a report by the Center on Budget and Policy Priorities, the Romney budget plan could cut domestic discretionary programs by as much as 50 percent over the next 10 years. In an April 1967 speech against the Vietnam War, Martin Luther King assailed the buildup for that conflict as a “demonic destructive suction tube” that drew “men, money, and skills” away from solving urgent national problems. Romney’s military buildup would waste far more money than was expended during the Vietnam years. His presidency would exceed King’s worst nightmare. When will someone ask him to explain his fuzzy math? William D. Hartung is the director of the Arms and Security Project at the Center for International Policy, a TomDispatch regular , and the author of Prophets of War: Lockheed Martin and the Making of the Military-Industrial Complex . (To listen to Timothy MacBain’s latest Tomcast audio interview in which Hartung discusses how to manipulate Pentagon budgets, click here , or download it to your iPod here .) Follow TomDispatch on Twitter @TomDispatch and join us on Facebook. To stay on top of important articles like these, sign up to receive the latest updates from TomDispatch.com here .

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