culture

Daniel Dicker: Oil Market Itself Proves Gas Prices Are All Speculation-Driven

March 29, 2012

Why are crude oil futures traded on the Intercontinental Exchange (ICE) $30 cheaper, or almost $1 a gallon less, three years from now? That just doesn’t seem possible — unless the oil trade is totally overrun with speculators and Fed-inspired, cheap-money risk investors. On CNBC on Friday, I got into a discussion with an executive at one of the larger derivative brokerages about the amount of speculation and investor interest in the oil markets today. He made a number of good points, but one that he made that wasn’t so good was in comparing the oil market to stocks. He claimed that current oil prices reflected risk in the market accurately because they are “forward-looking.” That’s an old saw for equities traders and posits that stocks can react today to events and cycles that are still many months from taking hold. The equity market can be “forward-looking” and price in better or worse — news that is only expected to happen, but hasn’t occurred yet. You can believe that or not — it’s not really the point. The point is that futures markets are not like stocks. For any company, there is one primary instrument to trade: its common shares. With futures you have monthly deliveries — and you can trade in any of them of your choosing at any time. In other words, futures don’t need to be forward-looking — they are, in fact, real forwards — with an expiration date attached for every investment or hedge you choose. If you want to bet that something will happen three months from now or three years from now to affect oil prices, you need not buy “oil” or today’s closest month to delivery — you can buy or sell oil delivering exactly when you think it will happen. Most investors probably don’t even know this. But it is more than telling that futures for delivery in December 2015 Brent crude oil traded at the ICE are almost $30 lower than the spot price, which reflects global oil prices today at more than $125 a barrel. One of three things is definitely going on here: One, all of the oil analysts who are talking about increasing Emerging Market demand and dropping marginal supplies and continual long-tail geopolitical risks over the next several months and years are all wet. Or: Much of that $30 premium is composed of investment and fund speculation, driven by commodity indexes, ETF’s and hedgies, collectively up over $300 billion nominal dollars, hiking prices and punishing consumers at the gas pumps. Or: December 2015 Brent crude oil futures are the most undervalued investment ever seen, and will make you a virtual fortune in less than three years, the kind you can retire on and never worry about your grandkids’ grandkids’ futures. Spoiler alert: I have a lot of respect for oil analysts and their research, and also don’t think you should bet the farm in December 2015 futures. That leaves only one. Here’s the CNBC clip:

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Gina Harman: Why We’re Still Talking About Small Business

March 28, 2012

Taking a look at some of my past articles on this site, I am struck by how much has changed and how much has stayed the same: the importance of entrepreneurship, the impact small businesses can have on nationwide job creation and the slow but steady economic recovery in the U.S. Today, I want to come back to entrepreneurship and small business growth. Last week, the NYSE Big StartUp was announced and, through this initiative, three nonprofit partners are collectively forming an eco-system to support small business growth and job creation: Accion , Start-Up America and Entrepreneurs’ Organization . The theme: it’s time for big business to help small businesses generate jobs. Through a fund called the Accion-NYSE Job Growth Fund, corporate donations can be transformed into business loans. In addition, those who have an idea strong enough to start a business and those whose businesses are poised to make a significant leap forward will find events, networking opportunities and mentorship to help them succeed, along with a platform for businesses both large and small to provide opportunities to volunteer, offer in kind services and join hands. Why are we still talking about small businesses? Of the 27.8 million businesses in the U.S., 91 percent have fewer than five employees. These businesses have been the largest net contributor of new jobs to the U.S. economy in the past 15 years and collectively employ 50 percent of all private sector employees. Unfortunately, small business job growth was essentially flat in 2011. The demand for loan capital for small businesses is at an all-time high but access to credit remains seriously challenged, particularly for businesses of this size. Now is precisely the time for us to accelerate our pace of job creation through more action. And we must focus on the smallest of businesses to make the largest impact. Microenterprise is key to generating employment opportunity for hundreds of thousands across the United States, and providing access to capital and key technical support to these entrepreneurs is vital to economic recovery. Partnering with leading companies and identifying unique and powerful ways to impact change can be a dynamic path for a sustainable impact — both across the country and directly on the local level. There are roles we can all play in this effort and we must leverage our collective expertise to be efficient, innovative and successful in creating the right partnerships around the country. As the Big StartUp starts up, we can move words to action and support small businesses as they seek to grow with capital and meaningful networking and learning opportunities.

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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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Robert Teitelman: Bloomberg Businessweek on Obama, Economic Steward

March 28, 2012

The new Bloomberg Businessweek features an extreme close-up of President Obama with the cover line ” Lucky or Good? The Truth About the Obama Recovery .” That promises a lot. But it’s a subtle misdirection play. The analytical piece that it refers to, with its graphics, instructional arrows and candy colors, fails to satisfy either the cover line or the subhead. It really does not deal at all with the question of whether the president can or did affect the business cycle — the assumption of the article, of course, has to be that he can, otherwise why slog through all these various decisions? — and the “truth” of the recovery remains a shrugging, well, it was messy, wasn’t it? Here’s the concluding paragraph. You tell me whether the administration is “lucky” or “good.” The choices Obama made helped bring about this result [the recovery], even though he had help from the Fed, and even though they don’t quite explain the recent strength of the recovery. But the business cycle operates by a logic all its own. It cursed Herbert Hoover and blessed Ronald Reagan. Obama’s good fortune is that this sudden upturn is occurring just when he needs it the most. Okay, so he’s lucky and good. This sort of argumentative incoherence is common when journalists and pundits try to fix blame or offer credit to the administration for the economy. There’s been a lot of this lately. Ron Suskind ( Confidence Men: Wall Street, Washington, and the Education of a President ) and Noam Scheiber ( The Escape Artists: How Obama’s Team Fumbled the Recovery ) have both recently published books (a review of Scheiber’s is here ), which go over, albeit in much greater detail, roughly the same ground covered by Businessweek . We get the early underestimation of the severity of the crisis, the arguments over stimulus, the mounting fiscal concerns, the clash over various policy initiatives, the political gridlock. Again, to engage in this kind of historical analysis requires a belief that policy and policymakers matter; that individuals, embodied by the president, can fix a failing economy (or mess up a good one), turn the economic ship around, improve unemployment, make the birds sing. This notion is particularly powerful among the political punditocracy. In this way of looking at policymaking, the determinism of the economic cycle is set aside — after all, voters don’t give a crap about academic theories. They want results. Expectations are thus high. Economics is a hard science; failure to accurately predict is viewed as a grievous sin, a failing. The past is continually judged by the reality of the present. Obama was a failure before the recovery strengthened; now he’s lucky and good; if he’s re-elected and the recovery continues, he’ll be a genius, until something goes wrong. We get every one of those ideas in the Businesweek story’s introductory section. Businessweek seems convinced that to be effective an administration needs a “clear economic philosophy.” The only two examples it initially tosses up are Reagan and George W. Bush, who essentially share the same conservative philosophy of tax cuts, supply-side stimulus and, broadly speaking, free markets and deregulation. Of course, however you come down on the issue of cycles versus policies, much of the crisis of 2008 did stem from aspects of that philosophy, which even Alan Greenspan later admitted. Is economic pragmatism not a philosophy? Did Bill Clinton, who arguably enjoyed even better economic times (plus a surplus) than either Reagan or Bush, require a philosophy? Businessweek trots out several Republican economists who suggest that Obama has been done in (despite the recovery) because he lacks a theory. “I can’t infer a theory,” says Glenn Hubbard, Columbia Business School dean and former economic adviser to Bush. “I’ve watched the president for a long time, and he’s very smart, but he doesn’t have a policy rudder,” says Douglas Holtz-Eakin, who ran the Congressional Budget Office in the Bush years and advised Sen. John McCain’s 2008 presidential campaign. What does that mean? Mostly, it seems to mean that if Obama doesn’t fully embrace your economic faith, then he has no faith at all, that he’s a sort of economic atheist. But that’s not the case at all. He and most of his advisers subscribe to a pragmatic form of Keynesianism; that is, they believe that you can use the powers of the government, including fiscal policy, to nudge the business cycle this way and that (the joke here is that Bush, Reagan and most presidents are closet Keynesians in practice). Indeed, a bit later, Businessweek tries to hoist Obama upon his own Keynesianism, first by suggesting he made a big mistake by not seeking a large enough stimulus — at crucial moments, the magazine ignores or downplays the forbidding politics of Republican opposition in Congress to just about anything — and then for not being, believe it or not, either John Maynard Keynes or Franklin Roosevelt. Again, a kind of incoherence rules these analogies. Obama is quietly downgraded because he did not take the kind of “sweeping new policies if he thought they could help, even risky or unproven ones.” That’s true, with two caveats: This isn’t the Great Depression, and unlike FDR, who had large majorities in Congress for the ’30s and was starting from a very different kind of government, Obama had either a very thin majority or a fractious and divided Congress. (That said, the Supreme Court dismantled a lot of the New Deal soon after it was tossed up, FDR famously triggered a second downturn in 1937 by cutting spending, and most economists believe World War II finally generated recovery, not the New Deal.) As for Keynes, Businessweek says Obama is both like him and unlike him: “Like John Maynard Keynes, Obama believes government can and should act to alleviate downturns.” — again, who doesn’t this side of Ron Paul? — “But he’s disinclined to challenge political constraints, settling for what he’s able to get.” Of course, Keynes was a civil servant and an academic who never ran for office, which makes that implied criticism of Obama beyond absurd. Maybe Larry Summers isn’t Keynes, but so what? It’s not the Summers administration. Ah, but it’s the silly season. Presidents generally can’t win when the political pundits go looking for an economic angle. If the economy is good, it’s the cycle. If it’s bad, it’s their fault. If they have a sophisticated economic theory, the pundits dismiss them as wonks who can’t satisfy the yearnings of the electorate. If they emphasize politics over economics, they get labeled as lucky (as Clinton did). Realities of short-term versus long-term get ditched. Who cares? None of this has much to do with what actually occurs in that exploration of uncertainty and contingency that is economic policymaking, and no one really wants to tackle the question of what effect presidents can realistically have. That would be too difficult and, besides, voters couldn’t care less. Robert Teitelman is editor in chief of The Deal magazine.

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Justine Rivero: House Poor but Keeping Up With the Joneses

March 27, 2012

Are you living beyond your means? For most consumers receiving a steady paycheck and not struggling with financial difficulties like unemployment or crippling debt, the answer is likely to be no. The reality is almost half of America — 127.5 million people — are liquid-asset poor and may not even realize it, according to The Huffington Post . One Paycheck Away from Poverty Being liquid-asset poor means you’re living with a decent income yet with little savings or an emergency fund, so one major financial blow such as a medical emergency or layoff would leave you financially devastated and, in a matter of months, joining the 46 million Americans living at or below the poverty line. At the same time, the average consumer credit score nationwide hit a low of 659 according to CreditKarma.com , a website that provides free credit scores. Credit scores are considered a barometer of the financial health of consumers, and since 659 is considered poor to fair credit, it indicates that many nationwide are struggling with their debts and credit lines. Yet surprisingly, at a time when half of us are just one paycheck away from financial devastation, we’re also spending more on luxuries. Living the Near-Rich Life Everywhere, there are signs of Americans’ increasing taste for luxury spending: Luxury malls are thriving while discount retailers like Sears and Kmart close down; more consumers are planning to spend for luxury cars this year; tummy tuck requests have skyrocketed 86 percent since 2000; and average spenders — those who fall outside the top 10 percent of spenders — are the ones fueling growth in all fashion categories and premium luxury spending. “That’s not to say that everyone who is liquid-asset poor spends all their time fretting,” writes Alexander Eichler of The Huffington Post. “On the contrary, because many have regular paychecks coming in, they may not grasp the precariousness of their situation.” Luxury spending isn’t a rampant trend across all of middle-class America, but it is symptomatic of the widening wealth gap. While the top one percent of American households saw their incomes increase 275 percent between 1979 and 2007, reports the Congressional Budget Office, the bottom 20 percent of Americans have seen their incomes grow just 18 percent. In the years after the recession, the wealth gap has widened tremendously. We’re living in the era of luxury flash sale websites and Occupy Wall Street. It’s a “schizophrenic economy,” as coined by Devin Leonard of Bloomberg Businessweek , a time when “Americans are broke and depressed — and also swilling $3 lattes and waiting in line for iPhones.” With an uptick in consumer confidence and a stabilizing economy, it’s no wonder that consumers are starting to loosen their pursestrings. Many of us have climbed out of bankruptcies and foreclosures, found jobs, and seen our salaries climb again. But while wealthier Americans are returning to splurging on $80,000 high-tech bikes and $525,000 watches, what will the rest of us return to? The same pre-recession spending and credit-borrowing that burst the housing market bubble and devastatingly disrupted many of our financial lives? Finding a Balance Without Finding Yourself Broke With many of us returning to a state of normalcy in our jobs and finances, how have we really adjusted since coming back from the edge? Let’s revisit the tip of the iceberg of a complex social and economical issue: with little savings or an emergency fund, nearly half of us are at risk of falling below the poverty line. If setting up an emergency fund sounds hard, consider this: Let’s say you spend about 80 percent of your monthly paycheck on necessary expenses; if you can save 10 percent of your paycheck each month, you’ll have a three month emergency fund set up in 24 months. If you can’t afford to put away 10 percent, how about $100 a month? If you can afford your $3 latte or even a $300 discount Kate Spade purse, you can also afford to change your financial habits right now. What you cannot afford is a financial emergency down the line. Originally published in Forbes . Justine Rivero is the Credit Advisor for CreditKarma.com , a free credit management website that helps more than 5 million consumers access their truly free credit score.

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Brad Reid: May the Supreme Court Declare Actions Unconstitutional?

March 27, 2012

The oral argument of two combined cases (U.S. Department of Health and Human Services v. Florida and National Federation of Independent Business v. Sebelius) before the Supreme Court concerning the “Patient Protection and Affordable Health Care Act of 2010″ focuses national attention on the powers possessed by the Supreme Court. Where does the Supreme Court obtain the power to declare actions by the other branches of government unconstitutional? Article III Section 1 of the U.S. Constitution states ; “the judicial power of the United States shall be vested in one Supreme Court and in such inferior Courts as Congress may from time to time ordain and establish.” Noteworthy is the fact that Congress creates all federal courts except the Supreme Court. Article III Section 2 of the U.S. Constitution provides a broad grant of judicial powers but does not expressly state that the Supreme Court may declare actions unconstitutional, hence unenforceable. In fact, the early Supreme Court did not have the prestige that the modern court enjoys. The Eleventh Amendment ratified in 1795 overturned a 1793 Supreme Court decision addressing state sovereign immunity (Chisholm v. Georgia). However, the landmark Supreme Court decision, Marbury v. Madison, in 1803 was to dramatically change the role of the Court. In Marbury v. Madison Justice Marshall wrote : “It is emphatically the province and duty of the judicial department to say what the law is… .If two laws conflict with each other, the courts must decide on the operation of each. So, if a law be in opposition to the constitution … the court must determine which of these conflicting rules govern the case. This is the very essence of judicial duty. If, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply.” In other words, the Supreme Court may declare legislation unconstitutional. Thomas Jefferson, Andrew Jackson, and Franklin Roosevelt are three notable presidents who have been critical of this asserted power. Nevertheless the Supreme Court’s power to decide constitutionality is a basic feature of U.S. law. As recently as March 20, Marbury v. Madison was cited by Justices Scalia and Thomas (Martinez v. Ryan). It is unlikely to be overturned without a major realignment of the federal government. Indeed many wondered if President Nixon would create a crisis by ignoring the Supreme Court’s order to turn over subpoenaed recordings (United States v. Nixon). He obeyed the Court. Consequently under current understanding, the two ways to reverse the Supreme Court are to amend the Constitution or persuade the Court itself to change its decision. Over many years numerous proposals to curb the power of the Supreme Court have included allowing a super-majority vote of Congress to overturn a decision, limiting the jurisdiction of the Supreme Court, electing justices, limiting their terms in office, or impeaching justices. President Roosevelt’s proposal to increase the number of Supreme Court justices died after the Supreme Court stopped declaring New Deal legislation unconstitutional. The Supreme Court’s power to declare actions unconstitutional is frequently perceived as desirable or undesirable depending upon reactions to a given ruling. Whatever the Supreme Court decides in the current health care cases will be controversial. The resulting commentary concerning the Supreme Court’s powers will doubtless sound familiar. What does the classic statement, rule of law and not men, mean when it comes to constitutional issues?

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Patrick Sharma: Fixing the World Bank

March 26, 2012

With the economy still struggling and campaign season heating up, it is not surprising that the World Bank is far from most people’s minds. But President Obama’s surprising choice to tap Dartmouth President Jim Yong Kim as the Bank’s next president is an important one, for it has the potential to determine the fate of an institution that is running out of time. Founded in the waning days of World War II, the International Bank for Reconstruction and Development, or World Bank for short, stands at a crossroads. Although not without serious flaws , the organization has long worked to promote international development by providing loans, grants and advice to governments in the global South. The Bank and its affiliate bodies, the International Development Association and International Finance Corporation, have also served as a clearinghouse for information on development, publishing reports, convening conferences, and running programs on everything from business regulation to HIV prevention. Yet, partially as a result of its own success, the Bank teeters on the brink of irrelevance. Last year the organization lent $26 billion dollars to developing countries — a paltry sum compared to $1 trillion in loans and investment those nations received from other sources during the time. The Bank’s largest borrowers, countries like India, Brazil, and China, are increasingly important players on the world stage and will have little need for the organization’s capital in the years ahead. Moreover, in an era of globalized financial markets many poorer nations are likely to be more interested in tapping private funding and other forms of foreign aid, such as that provided by China, than relying on the Bank’s assistance, which often comes with strings attached. The fact that so many countries are graduating from Bank lending is something to celebrate. So should the organization declare victory and close up shop? The answer, unfortunately, is no. Today’s major development challenges — whether climate change, migration, or access to energy — are increasingly global in scope, and the Bank is one of the only organizations that can address them in a meaningful way. This is because the Bank has the unique ability to provide both intellectual and financial assistance on a global scale. Unlike foreign aid programs, think tanks, or private foundations, the Bank combines knowledge creation and dissemination with significant on the ground development experience. As a result, the organization continues to have considerable influence in the developing world. Additionally, because of its unique governance (the Bank’s president has significant latitude in running the organization) and funding system (the Bank gets most of its money from selling its bonds on the private market), the organization is less beset by the inertia that plagues most other multilateral institutions. Kim — or whomever is ultimately selected as the Bank’s next president — will need to take advantage of these powers to remake the organization. Although each of the World Bank’s previous eleven presidents has left their distinct mark on the institution, none has faced a development landscape quite as unsettled as today’s. With the vast majority of the world’s poor residing in a handful of fast-growing middle-income countries, low-income nations facing unprecedented environmental and resource challenges, and industrialized countries preoccupied with their own economic difficulties, the Bank’s next president must move quickly to put the organization on a sound footing. This will require many things, but the major need is to turn the Bank into a more global institution. The success that many developing countries have had in increasing their economic growth over the previous years should force the Bank to question its intellectual foundations. Staffed mainly by American-trained economists, the Bank has long advanced a development model that calls for reducing the government’s role in the economy. While this might have made sense during the Cold War, in the aftermath of the financial crisis the Bank should move faster than it already has in embracing a development philosophy that recognizes that government can be a positive force in the economy. By bringing the organization back to a more balanced vision of development, the Bank’s next president can take an important first step in preparing it for the future.

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Trudy Bourgeois: Getting Past Stuck With Diversity & Inclusion

March 26, 2012

I fear that leaders of the business world today are like Moses and the Israelites. Wandering the wilderness for 40 years, going around and around the same mountain. It seems that’s where we are with D&I — stuck circling the same mountain for 45 years. But, just as the Israelites, we have hope. One day God said to them, “You’ve gone around this mountain long enough. Look up and see your promised land.” We are at that moment. We’ve gone around this mountain long enough. Let’s look up and see our promised land where leaders truly embrace diversity and inclusion as a business imperative. And, let’s connect to doing what it takes to get unstuck and make some meaningful progress. Over the years, I’ve come to loath the term “journey” as it is applied to D&I — and I’ve used it myself. I’m now taking a stand. Let’s remove the connection between diversity and inclusion and “journey.” People are constantly throwing this phrase around, “On this D&I journey… ” or “D&I is not a destination, it is a journey.” Those phrases are simply code for: “We’re not making much progress.” I recently heard what I believe is an honest assessment of where the business world stands with diversity and inclusion. Tom Greco, President of Frito Lay, opened the 2012 CPG Retail Diversity Forum (a conference that I design for the Network of Executive Women ) with the following comment. He said, “We need to acknowledge that we’ve made unbelievable progress on advancing D&I, but we have undeniable challenges and unbelievable possibilities that lie ahead.” It’s time to change THE CONVERSATION. We have indeed made progress since the inception of Affirmative Action back in the early 1960s — over 45 years ago. But we are challenged to make a breakthrough. Corporate America simply is not keeping up with today’s diverse world. And, despite the business case, leaders are not tackling the challenges with a purpose. So that leaves us where we are — stuck. On a journey. Making little-to-no-progress. And with no urgency to arrive at the destination. Corporate America’s leaders today will tell you that D&I is a business imperative for their companies. Unfortunately, a very small percentage of them truly mean it and walk it out. It is irresponsible for a business leader to not address the challenges that they know might render them irrelevant in terms of their ability to meet the consumer needs and provide shareholder value. If D&I truly were a business imperative, however, then WHY do we see so little actual progress? Like the progress we see, for example, in sales quotas being met? In bonuses being given for meeting set performance standards? And so on? If D&I truly were a business imperative, we would not tolerate NO progress. No SVP of Sales or CEO, when speaking of sales targets, will accept the reasoning or excuse for having NOT met them as, “It’s a journey… we’re making directional progress.” No way. That is just not the way it works. I worked in the consumer goods industry for 18 years in Sales and Marketing. We HAD to meet our sales targets — every single quarter. Period. If we didn’t, we’d lose our jobs. For diversity & inclusion to become the TRUE business imperative that it IS, that “sales target attitude” and no-failure-accepted expectation must be applied. EVERY leader — every member of the c-suite, every SVP and above, every manager — must pursue diversity & inclusion with and through accountability, responsibility and intentionality. Until the c-suite exemplifies and requires that demonstrated AUTHENTIC leadership behavior, and it is included IN the professional expectations — we will not see any progress. And WHY do we need to see faster progress with D&I? WHY does it matter? Here’s the cold, hard truth: Companies and leaders who “get it” will survive. Those who don’t – won’t. And that’s not just my opinion. Blame the population growth and research data. According to the U.S. Census Bureau , by 2050 over half of the U.S. population will be Asian, African American and Hispanic. Those groups will hold $520 billion of the buying power in the U.S. in the consumer packaged goods industry alone. That is growth of over 74 percent from their buying power today. In addition, according to Why She Buys by Bridget Brennan, women now account for 85 percent of all consumer purchases. They make up over 50 percent of the workforce, yet hold only 16.1 percent of Fortune 500 board seats, with women of color making up only 3 percent of those seats. And, according to additional recent research by Catalyst, at the current rate of our “journey,” it will take 40 more years for women to achieve equal representation in the leadership positions of the workforce. Companies today do not have 40 more years to get this figured out. They will HAVE TO change… or they will die. Why? Because this is a business imperative that is directly related to consumer buying power. In today’s global economy, an organization’s leadership MUST mirror the face of the consumer in order to be more profitable — and in order to survive. For example, in a recent study entitled, ” Women Matter 2010 ,” McKinsey & Company established the link between the presence of women in leadership and better financial results. Women Matter 2010 proves the case that women comprise a vital consumer base, provide a source of high-quality talent in a competitive market, and have a dramatic positive impact on organizational and financial performance. So… what to do? Get UNSTUCK. How to Get Unstuck: The Quick Hitlist 1. No more “journey.” Recognize that we must stop talking out of both sides of our mouths. No more “journey.” Only a vital BUSINESS IMPERATIVE. 2. Get intentional: Make D&I your DNA. Ensure that D&I is part of your company’s authentic DNA. Make it a baseline employment expectation. Be clear about the behaviors that you are expecting from your employees. 3. Infuse a high level of discipline. Set employees up for success by creating learning opportunities that support the ability to connect across cultures. 4. Hold ALL employees accountable. Measure representation, measure retention, measure culture, measure leadership behaviors. What gets measured gets attention . And not as a bonus. Set goals for each of these areas and adopt a black and white standard. Either a leader did it or they didn’t. The board should set goals for the CEO, and the CEO should cascade these goals down throughout the entire organization. If we want to continue describing diversity & inclusion as a journey, that is our choice. But if we do, we must be clear — this is a journey that has an extreme sense of urgency. It is a direct, non-stop flight. We WILL get unstuck, move beyond this mountain and enjoy our promised land!

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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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Ron Ashkenas: Firing Someone the Right Way

March 26, 2012

Perhaps the most difficult part of any manager’s job is telling a subordinate that he can no longer stay with the company — that he’s been “fired,” “let go,” “dismissed” or otherwise taken off the payroll. It’s a gut-wrenching conversation, knowing how this simple act affects a person’s career, self-esteem and livelihood. Firing an employee also affects everyone else on your team. Not only does it change work assignments, but it also makes people wonder about your judgment as a manager and their own job security. Given these emotional undercurrents, many managers let anxiety drive the firing process instead of intellect, making a difficult moment even worse. For example, I know of a senior manager who walked unannounced into his employee’s office, junior HR person in tow, and declared: “You’ve been fired. Our HR associate will answer your questions and then escort you out of the building.” The manager then exited, leaving the shocked (former) employee and the ill-prepared HR person staring awkwardly at each other. What made this situation even worse is that the senior manager had given no previous indication of the employee’s performance difficulties and had given him nothing but positive feedback in the previous six months. Now, suddenly, the reason for the firing was “lack of teamwork.” And because it was “for cause,” no severance was offered and pay was terminated immediately. From the manager’s perspective, this approach avoided the anxiety associated with firing. He didn’t have to engage in any difficult performance discussions or justify his actions. He also avoided any kind of emotional scene and (temporary) budget impacts. Of course, he also probably generated a major lawsuit that left the company liable for far more than the cost of a severance. And once the story got out, he likely lost the respect of his team. Clearly this may be an extreme example, but there are too many stories like this one. Because firing is so emotionally charged, it’s easy to act counterproductively. To avoid that, here are some guidelines for those times when firing an employee becomes a necessity: First, make sure that letting your employee go is the last step in a careful, thoughtful, fair and transparent process that started long before the actual firing. In other words, if the dismissal is for poor performance, then it should occur after a series of performance discussions, plans and documented actions. If it’s due to reorganization or job elimination, it also should follow conversations, announcements and a reasonable “fair warning.” The key is that, if possible, firing should not come as a surprise. In most companies, the HR function has guidelines for how this process should unfold. Second, come to the “firing meeting” prepared to address the practical logistical questions that the person will have about leaving her job: When is the official end date? Are there severance arrangements? Are there opportunities elsewhere in the company? Is career counseling available? What happens with benefits? You may need help from HR to make sure that these answers are available. Third, at the meeting be ready to listen but not react. Losing a job can be traumatic, and your employee may display a range of emotions, which he might direct toward you. Try not to get caught up in responding. Listen with respect and then direct the person toward the practical realities of moving on. Offer to talk again later when the emotions are not so raw, or ask a trained HR counselor to join you. Finally, after the firing, talk to your team about the process, the reasoning and the implications for them (within the limits of confidentiality). In some cases, they will fully understand the decision. In others, they may have a very incomplete picture. In either case, you need to be sensitive to their emotions, and then help redirect their focus back on work. Firing a subordinate is one of the most difficult and painful tasks you’ll ever have to do as a manager, and for most of us it never gets easier. Unfortunately, avoiding the anxiety associated with firing only makes things worse. So if you have to do it — do it right. What’s been your experience with firing — or being fired? Cross-posted from Harvard Business Online .

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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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Daniel Souweine: GM’s CEO Needs to Draw a Line on Climate Change Denial

March 26, 2012

It’s time for GM CEO Dan Akerson to show his customers, and the country, exactly where GM stands on climate change. One month ago, leaked documents revealed that General Motors was one of numerous corporations funding the Heartland Institute , a leading “think tank” for climate change denial. Forecast the Facts immediately launched a campaign calling on GM to pull its funding. Since then, more than 20,000 people, including 10,000 GM owners, have signed on. In response to the growing public pressure, GM CEO Dan Akerson told an audience of hundreds at San Francisco’s Commonwealth Club that he would review the matter personally. That was nearly three weeks ago. Since then: silence. But while GM’s public pronouncements have stopped, there has been much discussion of Heartland at General Motors HQ. GM insiders have told our campaign that Mr. Akerson did ask for a review of the Heartland funding, the review was completed, and the company does not plan to fund Heartland in the future. Let me repeat that: the decision has been made. Heartland will not get another dime of GM’s money. This is a real victory and a testament to the thousands of people who spoke out about their disappointment with GM. But our campaign is in no way over. Because those insiders also say that GM refuses to publicly disavow their Heartland donation. GM officials explained their reticence by saying they didn’t want to “flog” anyone in public. Which, of course, sounds quite respectful and proper. Except when you consider what the Heartland Institute is: a big-oil funded political operation that spends most of its time and money denying the existence of climate change, despite the overwhelming international scientific consensus. And it’s not just scientists who are convinced (as if they weren’t enough). The military is predicting a massive increase in wars fueled by climate change. The insurance industry says that climate change is the single greatest risk factor of the 21st century. Billions of people will have their lives drastically altered for the worse by unprecedented food shortages, waves of severe weather and rising seas that could drown whole metropolitan areas. Again, the primary reason that Heartland exists is to pretend that none of this is even happening. Given the irrefutable nature of the science and the incredible stakes of the issue, what Heartland does should lie completely outside the confines of reasonable political debate. Lying to the American public about climate change should be seen as equivalent to promoting eugenics or arguing that smoking does not increase the chances of lung cancer. And in most countries it is. But not in the U.S., where uncertainty about climate change remains a widely held view, and (sadly) a standard talking point for the Republican Party. That’s where GM comes in. The fortunes and identity of GM, more than any other company, are intertwined with America. What they do, and say, about climate change is singularly important — which is why quietly backing away from Heartland is simply not enough. For their decision to defund Heartland to mean anything, it must be made public. Because as long as it is considered politically and socially acceptable to say that climate change isn’t happening, or that it’s not caused by humans, or that we shouldn’t do anything about it, then, well, we won’t. This is not about “flogging” a prospective charity. It’s about taking a stand for the truth. Dan Akerson seems like he should be up to this task. He is certainly not shy in touting GM’s recent environmental achievements, including high MPG cars, the electric Chevy Volt and major manufacturing waste reductions. So why can’t he be equally vocal about pulling away from Heartland? All he has to do is say: “I found out that GM was funding a group that not only doesn’t believe in climate change, but is actively trying to convince schoolchildren that it doesn’t exist. That’s not what GM stands for, and it’s not what America should stand for, and so I want everyone to know that we won’t be giving that group any more money?” When Dan Akerson addressed the Commonwealth Club audience and pledged to review the Heartland funding, he said, “I always say, actions speak louder than words.” We couldn’t agree more. The fact that Akerson has quietly moved to cut GM’s funding of Heartland is an important step. But the question remains for Mr. Akerson — if you take an action and no one knows about it, does it even make a sound?

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Robert Kuttner: Health Reform’s Day in Court: Don’t Bet the Farm on the Mandate

March 26, 2012

The constitutionality of the Affordable Care Act, the subject of three days of oral argument before the Supreme Court beginning Monday, could well turn on whether the Court concludes that Congress can compel a citizen to buy a commercial product, in this case health insurance. At the heart of the Act is the “individual mandate” which President Obama campaigned against as a candidate, and then turned around and supported as president. The mandate was part of a deal with the health insurance industry, which stopped ferociously opposing the Administration’s bill once it became a source of additional business. The Administration and its supporters contend that requiring people to purchase health insurance is a natural extension of the Constitution’s Commerce Clause. If government can regulate health insurance at all, they say, it can legitimately use a mandate as a policy instrument. The Administration brief contends that the mandate and the prohibition of discrimination by insurers against people with pre-existing conditions are so logically connected that if the Court finds the mandate unconstitutional it must strike down the entire law. Otherwise, large numbers of young and healthy people would “free ride” and wait to buy insurance until they got sick, making the whole law financially unviable. Opponents argue that the mandate represents a new, dangerous, and unconstitutional infringement on liberty. The decision will be treated by commentators as either a huge victory or momentous defeat for President Obama, and either another dangerous over-reach by a right-wing court, or a prudent retreat by the court’s conservatives. But this may be a complete misreading of the logic and the stakes. The individual mandate may or may not be unconstitutional, but it’s dubious policy. And it would not be a fatal setback if the Court did find that it violated the Constitution. The Administration, in my view anyway, has made both a tactical and a Constitutional error in arguing that if the mandate is unconstitutional so is the entire act. If the Court were to strike down the mandate but not the rest of the Act, the insurance industry would be all over Congress to find another way to solve the free-rider problem. As my colleague Paul Starr has demonstrated , that would not be difficult. Instead of being required to purchase private insurance, people without employer-provided insurance or access to Medicaid could be given a choice — either buy affordable insurance through the exchanges, or deliberately opt-out of coverage. But if they opted out, they would be precluded from getting insurance through the exchanges for five years. This use of incentives would be constitutional, and would be sufficient to induce most people to get insurance, but less coercively than a mandate. Starr also proposes that people could pay an annual fee to preserve their right to buy insurance after a waiting period of only a year. The point is that if the best we can do politically is a mixed system such as the Affordable Care Act, there are perfectly good alternatives to a mandate should the mandate be struck down. There is also a delicious irony here. If conservatives on the Court were to decide that a federal mandate requiring citizens to purchase commercial products has no basis in the Constitution, it would usefully doom another favorite conservative project — privatization of Social Security. Obviously, if Congress cannot require citizens to buy private health insurance, neither can Congress use tax dollars to require citizens to purchase commercial pension offerings. At least one very conservative judge has noticed this potential. In his dissenting opinion in the DC Circuit case on the Affordable Care Act, Judge Brett Kavanaugh, widely touted as the next Supreme Court nominee if a Republican is elected president, opined that throwing out the individual mandate might not be such a good idea since it would upend other privatization schemes. [D]espite the Government’s effort to cabin its Commerce Clause argument to mandatory purchases of health insurance, there seems no good reason its theory would not ultimately extend as well to mandatory purchases of retirement accounts, housing accounts, college savings accounts, disaster insurance, disability insurance, and life insurance, for example. This did not get much coverage because Kavanaugh’s odd dissent attracted more attention for its other contentions, including the bizarre claim that a president who thought the Act violated the Constitution could just decide not to enforce it. Readers of judicial tea leaves have noted that one of the High Court’s most influential conservatives, Justice Antonin Scalia, has gone both ways on the issue of the reach of the Commerce Clause. He held that the 1994 Violence Against Women Act was unconstitutionally expansive attempt to regulate commerce, but that the federal regulation of medical marijuana was constitutional. In a 2005 case on marijuana regulation, Scalia wrote: “Congress may regulate even noneconomic local activity if that regulation is a necessary part of a more general economic regulation of interstate commerce.” Does this mean that Scalia is likely to side with the Administration in the Affordable Care Act case? More likely, it means that Scalia is one of the Court’s great opportunists, finding constitutional justifications when they support his own policy preferences (no to federal regulation of violence against women, yes to federal suppression of marijuana use.) However, Scalia has undoubtedly read Judge Kavanaugh’s dissent. And he might decide to uphold the mandate lest the Court also block the right’s entire privatization agenda. One further irony: As a little-noticed amicus brief by two organizations and fifty physicians who support national health insurance points out, if the government had simply enacted a single payer program, it would have been beyond constitutional challenge — because government has an unambiguous power to tax and to use the revenues for public purposes. Medicare is a single payer program for the elderly, and nobody challenges its constitutionality. Toss out the mandate, and single-payer might be taken more seriously. Bottom line: If the Court were to overturn the individual mandate, one of the worst provisions of the Affordable Care Act, it would be no tragedy. It might well do some wider good. Robert Kuttner is co-editor of The American Prospect and a senior fellow at Demos. His latest book is “A Presidency in Peril.”

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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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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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Suzanne Merkelson: Exposed: The Corporations Behind the Law That May Let Trayvon Martin’s Killer Go Free

March 23, 2012

It’s been widely reported today that the American Legislative Exchange Council (ALEC), the shadowy corporate front group that unites state lawmakers with corporations to pass state laws favorable to corporate interests, helped pass the law that might allow Trayvon Martin’s killer, George Zimmerman, to escape prosecution. Florida’s “Stand Your Ground,” the law that might help Zimmerman to claim self-defense (despite  evidence to the contrary ) is just one of many state laws that is nearly identical to ALEC’s model  Castle Doctrine Act . The Florida senator who introduced the law, Durell Peaden, was also a member of ALEC. The law passed in 2005. According to the Center for Media and Democracy, 98 percent of ALEC’s revenues come from corporations, corporate trade groups, and corporate foundations. Each member pays annual fees of between $7,000 and $25,000. ALEC is also supplemented by direct grants. We don’t know all the details about all of ALEC’s funders and members. Here’s a partial list of what we do know about the corporations and foundations who helped fund the group that drafted the law that keeps Trayvon Martin’s killer free — and put more guns on our streets: ALEC received $1.4 million in grants from ExxonMobil from 1998-2009. It has also received grants from two Koch family-backed foundations: Charles G. Koch Foundation , the Claude R. Lambe Foundation . ALEC has received grant money from the billionaire conservative and American Spectator publisher Richard Mellon Scaife ‘s Allegheny Foundation  and  the  Coors  family’s  Castle Rock Foundation . ALEC’s Private Enterprise Board members include executives from Bayer Corp., GlaxoSmithKline, Centerpoint360, Reynolds American, Walmart Stores, Johnson & Johnson, PhRMA, American Bail Coalition, Kraft Foods, Inc., Pfizer Inc., DIAGEO, AT&T, Reed Elsevier, Inc., Peabody Energy, UPS, Koch Companies Public Sector, LLC, Altria Client Services, ExxonMobil, Salt River Project, and State Farm Insurance Co. Coca Cola also recently had an executive on ALEC’s board. According to reporting by my colleague, Lee Fang, ALEC’s 38th Annual Meeting was funded by corporations including BP, Takeda Pharmaceutical, Allergan, Altria, Bayer, Chevron, Peabody, Shell, UnitedHealthcare, Visa, FedEx, Louisiana Seafood, UPS, Amazon.com, Chesapeake Energy, ConocoPhillips, Dow, Gulf States Toyota, International Paper, TimeWarner, Wellpoint, HP, Lilly, Merck, USAA, and Walgreens ( the full list available here ). The first item in ALEC’s mission statement is: … to advance the Jeffersonian principles of free markets, limited government, federalism, and individual liberty, through a nonpartisan public-private partnership of America’s state legislators, members of the private sector, the federal government, and general public. Individual liberty is one thing when it comes to protecting your home or your children. It’s quite another when it means gunning down a teenager armed only with Skittles in his father’s neighborhood. ALEC is the same group behind laws that harm workers, health, and safety, and behind the ” Voter ID ” law that makes it harder for low-income people, communities of color, the disabled and elderly, and others to vote. Now we know ALEC wrote the law that might let Trayvon Martin’s killer walk free.  How much longer will the large corporations behind ALEC harm the communities in which they do business by funding the group’s reckless agenda?

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Algernon Austin: Blacks See Largest Decline in Health Insurance Coverage

March 23, 2012

Over the last decade, blacks experienced the largest decline in employer-sponsored health insurance coverage. If President Obama’s Affordable Care Act (aka Obamacare) is revoked, as the Republican presidential candidates are calling for, blacks and all other groups will find it increasingly difficult to obtain health insurance. From 2000 to 2010, the employer-sponsored health insurance coverage rate for black workers ages 18 to 64 years old dropped 8.6 percentage points. White and Hispanic workers also experienced health insurance declines, but somewhat smaller ones. Employer-sponsored health insurance coverage declined 6.3 percentage points for white workers and 6.6 percentage points for Hispanics. (Unless otherwise indicated, my employer-sponsored health insurance statistics are taken from my colleague Elise Gould’s report, ” A Decade of Declines in Employer-Sponsored Health Insurance Coverage .”) Children often receive health insurance coverage through their parents’ work. Thus, it is not surprising that black children would see large declines in employer-sponsored health insurance coverage given the trend for their parents. Like black workers, black children saw the largest decline in employer-sponsored health insurance coverage. Black children experienced a 14.1 percentage-point decline. For white and Latino children, the decline was 9.6 and 8.7 percentage points respectively. Most of these children who lost access to employer-sponsored health insurance were likely able to be covered by public insurance programs for children, but further detailed research on this point would be useful. Since most workers obtain health insurance via work, the massive job losses of the Great Recession led to steep declines in health insurance coverage. However, it is important to note that the decline in health insurance began even before the Great Recession. As Paul Krugman has observed , even from 2003 to 2007, during the best years of the prior business cycle, health insurance coverage declined for workers. This fact is another indicator that the American economy has not been functioning well for average workers. One piece of good news is the Affordable Care Act. Although we could have instituted more radical reforms like a Medicare-for-all program, the Act will likely go far in expanding health insurance coverage. The best evidence for this is the tiny uninsured population in Massachusetts. Massachusetts health care reform served as a template for the Affordable Care Act . In 2010, while 15.4 percent of the population nationally was uninsured, only 1.9 percent of Massachusetts residents were uninsured . The main expansion of health insurance coverage under the Affordable Care Act will begin in 2014, but we have already seen one of its positive effects. In 2010, the Act made it possible for young adults up to 26 years old to be covered by their parents’ health insurance policy. From 2009 to 2010, despite large job losses for young adult workers, their rate of health insurance coverage increased. They were the only age group that saw increases in health insurance coverage. In countries with universal health insurance, jobs losses do not lead to losses of health insurance like they do in the United States. The large job losses that blacks have experienced since the start of the recession has also meant significant losses in health insurance coverage. But it is important to remember that even during the best years of the Bush Administration, blacks and all other workers were losing employer-sponsored health insurance coverage. Without a reform like the Affordable Care Act, the decline in health insurance coverage will continue in good times and bad.

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Ali Noorani: Bipartisan Visa Reform? Hold on

March 22, 2012

Think it’s hard to get the 60 votes necessary to quash a filibuster and get something done in the U.S. Senate? Forget the supermajority: A single senator can hold up a vote for months on end — even on a bipartisan bill that serves the needs of our economy. Example A: Sen. Chuck Grassley of Iowa and the Fairness for High-Skilled Immigrants Act. Democrats and Republicans in the U.S. House of Representatives performed a modern-day political miracle in November by coming together to approve this bill, which would restore balance and fairness to the distribution of employment- and family-based immigrant visas. Introduced by Rep. Jason Chaffetz (R-UT), and Rep. Lamar Smith (R-TX), it passed 389-15. The bill would provide a small yet important fix to the distribution of employment- and family-based visas, which is arbitrary in nature and inconsistent with basic supply and demand principles. Under current law, Iceland and Belize have the same cap on visas as India and China, two countries that provide the U.S. with large numbers of science, technology and engineering professionals. This archaic approach has created huge backlogs in countries with high numbers of employer-sponsored immigrants. For example, workers from India currently face waits of up to 70 years — yes, 70 years — to receive a green card. That is not good government. Likewise, naturalized citizens and permanent residents from countries such as Mexico and the Philippines run up against years-long backlogs when trying to reunite with their loved ones. The Fairness for High-Skilled Immigrants Act eliminates one of the obstacles for the people who have been waiting the longest for employer- or family-based green cards. Sen. Grassley, an army of one when it comes to blocking smart immigration policy, placed a hold on the legislation in December. He cited concerns about “future immigration flows” and “that it does nothing to better protect Americans at home who seek high-skilled jobs during this time of record high unemployment.” The senator is turning a blind eye to the fact that Americans at home face the same amount of competition for jobs now that they would if the bill became law. The legislation does not increase the total number of visas; rather, it simply redistributes the existing pool. In fact, the minimalism that makes the bill politically palatable to 389 representatives and, for all we know, as many as 99 senators is also what limits its reach. If, one day, we get to celebrate the bipartisan support for this measure, we can do so only insofar as it lays the groundwork for broader immigration reform. Having proved they can join forces, Republicans and Democrats should do so in the name of fulfilling our economic need for skilled workers of all kinds. From the skilled engineer to the skilled farm worker, our economy depends on immigrants and immigration. For starters, legislators could add to the total number of visas by simplifying and shortening the green-card application process for international students who earn advanced degrees from American universities. Such a change for graduate students in science, technology, engineering or mathematics would encourage technological innovation on our shores and create jobs in the process, as Stuart Anderson, Executive Director of the National Foundation for American Policy, points out in a recent policy brief . We also must look beyond advanced degrees and recognize that skilled immigrants create jobs in all sectors of the American economy. For instance, the job of a skilled immigrant farm worker is directly tied to other “upstream and downstream” U.S. jobs as someone needs to transport, package and process a farm’s output. Studies by the U.S. Department of Agriculture suggest that about three U.S jobs are tied to every job on the farm. If a labor shortage forced a shift to overseas food production, all of these jobs would disappear. That’s without mentioning the economic disadvantages of importing more of our food. Recruiting skilled workers, in concert with increased investment in education and training for U.S. workers, will make the American workforce more competitive. By limiting or excluding immigrants, we only hobble ourselves. For now, even modest reform is on hold. But even if we have the opportunity to applaud members of Congress for a small visa-reform bill, we must continue to push for more meaningful policy changes that match our economic reality with our need for a skilled workforce. It is time to set our sights higher. Ali Noorani is the Executive Director of the National Immigration Forum .

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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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Denice Kronau: Spending Time With People I Admire Makes Me Happy at Work

March 22, 2012

If you’re someone I admire, please come sit next to me. I could use a little time breathing the same air as you. Most people I know admire people who are out of reach — Mother Theresa, Derek Jeter, Lady Gaga — to name a few and I do as well. We all have role models who inspire us. And many of us admire “the usual suspects”: our parents and siblings. Over the years, I’ve realized that I also admire a lot of people I work with. It starts with attraction and no, I don’t mean in a creepy want-to-have-sex-with-you kind of way. I meet someone new at work and there’s a spark that gets my attention: either from what they say, or their demeanor, or their personality. Something intrigues me about this person, and as we spend more time together I often find that the initial attraction turns to admiration. I turn into a groupie. Usually it’s not the people at the top of the work hierarchy whom I admire. Most of the time, it’s the folks who are in the lower ranks of the organization. Let me give you an example. I have a colleague, let’s call him Sam, who’s five years out of college, so he’s just beginning his career. Several years ago, he started a project to build a health care clinic in one of the poorest regions in the Amazon in Peru. In effect, this is his hobby. At the risk of sounding like my grandmother, when I was Sam’s age my hobby was watching TV. I’ve thought about why I admire certain people at work. Maybe I’m attracted to qualities that I know I lack, but I think it’s simpler than this. I feel good when I’m around them. It’s like I’m hoping that some of their character will rub off on me if I sit next to them at a meeting. I also like seeing their impact in the moment we’re together. Think about the people you admire. Why do you admire them? Are there people you admire at work? Do you get to spend time with them during your normal work day? I have people I admire who I see very often. But, if I am having a bad day: watch out! I stalk the people I admire when I am having a bad day — just being next to them seems to be an antidote to whatever is making me miserable in the moment. Sometimes I ask them for advice, mostly, I just enjoy the light they bring to my dark mood. Why am I writing about this? Simply because it’s one of the things that make me happy at work: I like spending time with people I admire. I walk away from these encounters feeling better, energized, motivated and just… happy.

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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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Richard (RJ) Eskow: Three Hidden Time Bombs in the GOP’s Medicare Budget

March 22, 2012

By now most people have heard some of the worst things about the Republican budget proposal — commonly called the “Ryan plan” and unironically described by the GOP as “the Path to Prosperity”: That it decimates programs for middle class and lower-income Americans while giving even greater tax breaks to the rich — $3 trillion worth , in fact. That it guts education, research, and transportation while preserving tax breaks for Big Oil. That it undercuts Medicare with a voucher system that will be worth less and less with each passing year. And that, despite all that, it would actually increase the deficit. You’d think that pretty much covers it — but it doesn’t. When it comes to Medicare, there are three more ugly facts about this plan that have yet to attract widespread attention — mostly because the Republicans have done their best to keep them secret: 1. They’re secretly planning to raise the Medicare age. It’s not in House Budget Chair Paul Ryan’s Wall Street Journal editorial , the one where he sneered at “some who would distort for political gain our efforts to preserve programs like Medicare” and said “our plan provides guaranteed coverage options financed by a premium-support payment.” It’s not in the summary description of the GOP budget , which claims it “strengthens health and retirement security by taking power away from government bureaucrats and empowering patients instead with control over their own care.” It’s not even in the full budget document itself, which is 99 pages long and contains a section entitled “Strengthening Health and Retirement Security.” So how do we know that the GOP wants to raise the Medicare eligibility age from 65 to 67? Because that’s what Ryan and his staff told the Congressional Budget Office when they asked the CBO to calculate the impact of their plan. It’s right there in the CBO report on the budget . Here’s the key sentence: “In addition, the eligibility age for Medicare would increase by two months per year beginning in 2023 until reaching age 67 in 2034.” That’s right: When Ryan and his staff instructed the CBO to calculate the impact of the Republican budget, they told its analysts that the GOP plan included an increase in the eligibility age for Medicare. Apparently they didn’t have room to mention that fact anywhere in their 99-page document, and didn’t see fit to bring it up while they were spouting all that rhetoric about “preserving entitlement programs for the future.” The Republican Party intends to raise the Medicare age for people as they approach the costliest years for receiving health insurance, and they’re keeping it a secret from the public. This change alone would indirectly cut Social Security benefits by as much as 45 percent , by forcing seniors to spend that much of their benefit check on additional health care costs. And remember, the GOP wants to raise the eligibility age for Social Security, too. The net effect of these two changes means that older Americans would be forced to keep working — or looking for work — at an age when their medical expenses would make hiring them prohibitively expensive for employers who offer health insurance. They would be forced to try purchasing health insurance on the open market. Which gets us to our second dirty secret … 2. Insurers will get to set their own rates. The Ryan plan lets private, for-profit health insurers set their own rates — rates which, according to the Ryan plan, will determine the Federal budget for senior health. It doesn’t say that, of course, but that’s how it would work. According the the GOP’s proposal, “All plans… would participate in an annual competitive bidding process …The second least expensive approved plan… would establish the benchmark that determines the premium support amount… Program growth would be determined by the competitive bidding process…” What does that mean in English? That Medicare goes away, to be replaced by a system of private health insurance companies who’ll be paid to provide services that are supposed to (but won’t) resemble the level of coverage seniors currently receive under Medicare. That health insurers would submit their bids to provide those services once a year. And then comes the surprising part: The Federal government’s expenditures for senior health care will be determined by the private insurers themselves, because the second-lowest bid establishes what the government is willing to pay for health insurance. How crazy is that? Private health insurance rates have been climbing at three and four times the rate of today’s Medicare. They’ve shown no ability to restrain costs — and have no motive to do so, since they make money the old fashioned way: on the mark-up. And now they — or the lowest bidder among them — will dictate what the government must pay. The plan says so, very clearly. “As opposed to pegging the growth rate to a predetermined formula,” the GOP document say, “competitive bidding offers the ideal means of harnessing the power of choice and competition to control costs, while also securing guaranteed affordability for patients.” In other words, the Republican Ryan plan places budgetary control for a major government program in the hands of the very insurance companies that profit from it. At least that’s what it would do, if they didn’t contradict themselves in the very next paragraph. 3. The GOP plan radically cuts per-person spending for Medicare. Remember that sentence we just quoted, the one about not pegging the growth rate to a predetermined formula? They totally lied about that. The plan does peg the growth rate to a predetermined formula, and Ryan’s staff were very specific about it in their instructions to the CBO: “Total spending would grow in subsequent years,” the CBO was told, “with nominal growth in per capita GDP plus 0.5 percentage points per year.” That’s a “predetermined formula.” And it’s important to note that “nominal growth in per capita GDP” is not the same as the the growth in per capita health care costs, which have risen much more quickly than general inflation or GDP. That amounts to a major cut in benefits every year. It gets even worse. The “per capita GDP” applies to everybody in the nation, not the ever-swelling ranks of Medicare-eligible seniors. This gets technical, but here’s what it means: After this formula takes effect in 2023, there will be much faster growth in the Medicare-eligible age group than in the overall population. By structuring their formula this way the Republicans have ensured that there will be dramatic benefit cuts, especially as the “age wave” of Baby Boomers retires in the 2023-2030 period. The “predetermined formula” is itself a secret, since they said there wasn’t one. And the way it’s structured will lead to dramatic cuts in Medicare. Three-Pronged Attack While the contradictions and evasions make exact forecasts difficult, it’s clear that the net effect of these three changes would be to create a budget-busting giveaway to rich insurance corporations while at the same time slashing health coverage for seniors. And this isn’t some radical ideologue’s manifesto: it’s the Republican Party’s official Medicare proposal. One terrible plan, three dreadful secrets. Presidential candidate Mitt Romney has said very, very nice things about this budget. In fact, all of the GOP’s leaders have been bragging about it. Since they’re so proud of it, why don’t they tell more people what it really does?

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David Tereshchuk: Under-reported: Man-Bites-Dog Story of Global Poverty

March 21, 2012

Oh wow! — a media storm over the great Goldman Sachs being disavowed by one of its own in an Op-Ed article (in the New York Times ) that became, controversially, a news story. Overtaken only by a storm over a semi-journalistic public radio show ( This American Life ) disavowing one of its own episodes attacking the great Apple, Inc. Amid all this tortured media navel-gazing, I found myself staring instead at some other quite different information — straight news, not opinion pages material — that is going largely unattended. I’ve been helped here by a whistle-blower who is coincidentally another Goldman Sachs man. It’s actually their top Asset Management executive, Jim O’Neill. And “flag-waver” or “horn-tooter” are probably better terms for him — since we’re not talking about raising a disturbing alarm here. Pretty much the opposite. And it’s nothing to do with Goldman. Indeed, it is some really good international news that’s evading our close attention, even though O’Neill — an astute man who, like me, I’ll say gratuitously, attended high school in Manchester, England — has been eager this week to tell anyone who will listen. The trouble is, this good news seems counterintuitive. There’s been a global financial crisis, right?Along with that there’s been a serious price hike in food-prices, and now oil-prices, correct? Unemployment is staying stubbornly high in countries desperate for post-recession recovery, isn’t it? And remember the United Nations’ Millennium Goals from the turn of the century? Especially that crucial First Goal which committed the international community to the lofty ambition of “halving the proportion of people living in extreme poverty” by 2015. If you’ve been following the not-very-numerous but always well-meaning media outlets who care about these issues, that goal has for years appeared doomed to failure, given the grim global conditions as reported. Well, the good news is that the facts contradict that pessimism. A World Bank report by its Development Research Group reveals the surprising secret… the world’s poor are now doing better, in fact. Somewhat astonishingly, if we look at the commonly accepted measure of “extreme poverty” — meaning living on less that $1.25 dollars a day — then the goal has already been achieved — was in fact achieved by 2010, a full five years earlier than the target. While in 1990, when the goal was being discussed and formulated, nearly half the developing world’s population (actually 43 percent, well over two-and-one-half billion people) lived below that daily income level, and by the time the first decade of the 21st Century was coming to its close, that proportion had dropped to less than a quarter (22 percent — or 1.29 billion people). Here’s the Bank’s own multlmedia summary of the findings, at a little over three minutes: video platform video management video solutions video player “And to top it all off,” says Goldman’s O’Neill, who can scarcely contain his glee, “it is those who were the absolute worst off that have made the most progress”. What indeed is perhaps the big surprise-within-the-surprise is that, while we might imagine the improvement can be ascribed to the vast and very singular industrialization of China … that simply isn’t the case. Even if you exclude China’s case — gargantuan part of the gobal landscape though it is — the global improvement is still enormous. And Africa — so often considered simplistically as the mother of all basket-cases — turns out to be aggressively improving its grim statistics. Sub-Saharan Africa — generally speaking the poorest region of the world — had by 2008, says the report, reduced that $1.25-a-day poverty rate to 47 percent, the first time it ever dipped below the 50 percent level. And since then it has continued to see falling numbers for the extreme poor, setting in reverse the continent’s previously dispiriting, steady upsurge through the 1980s and ’90s. I’m reminded of working with Kofi Annan, the UN Secretary-General at the time the Goals were published to great fanfare, and his speechwriter Edward Mortimer, as we made a TV program about the world financial scene. Annan was anxious that we emphasize what he impishly (or sardonically?) called “Africa’s best kept secret,” meaning that a lot of money could be made, quite legitimately, through quite above-board transactions, in Africa. He would extol the healthy rates of return at the Johannesburg or Lagos stock exchanges, rolling in then at 25 percent or more. It’s good to be able to point up some under-appreciated economic betterment taking place in Africa nowadays, and taking place to the benefit of more than just the financial elite. Just as it’s good for any journalist, once in a while, to write a “Man Bites Dog” kind of story. * * * * Read more of David Tereshchuk’s media industry insights at his weekly column, The Media Beat , with accompanying video and audio. Listen also to The Media Beat podcasts on demand from Connecticut’s NPR station WHDD, and at iTunes .

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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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Harlan Green: We Should Raise Corporate Taxes (Not Lower Them)

March 21, 2012

When Warren Buffet says corporate taxes are too low, we should listen. “It’s a myth that American corporations are paying 35 percent or anything like it,” Buffett said, referring to the top marginal corporate tax rate in a CNBC interview. “Corporate taxes are not strangling American competitiveness.” Corporate taxes are too low for several reasons. Firstly, they are doing little to improve our economy to warrant such favorable treatment. As Buffett said, his corporation pays less in taxes than his Secretary. Yet corporations have record profits, and hirings are at multiple year lows, while hoarding a record $2.3 million in cash. What are they doing with their cash? Most large corporations are either boosting already record executive pay that disregards performance incentives, buying back their stocks to increase the value of their stock options, or looking for Merger and Acquisiton opportunities. There is very little investment in either plant or equipment for organic growth that would boost employment. Graph: St. Louis Fed Corporations are no longer the productive core of our economy, as economists such as Rutgers economic historian James Livingston points out — in fact, haven’t been for the last century. Rather they have used their economic clout to buy legislation that limits or eliminates regulations to control them, and even the Supreme Court, since the Citizens United ruling that allowed unlimited corporate contributions. Professor Livingston says: “Between 1900 and 2000 real gross domestic product per capita (the output of goods and services per person) grew more than 600 percent. Meanwhile, net business investment declined 70 percent as a share of G.D.P. What’s more, in 1900 almost all investment came from the private sector — from companies, not from government — whereas in 2000, most investment was either from government spending (out of tax revenues) or “residential investment,” which means consumer spending on housing, rather than business expenditure on plants, equipment and labor.” Their power was at one time balanced by both government regulations and labor unions, the countervailing power pronounced by J.K. Galbraith in The Affluent Society . That was before they were able to systematically decimate labor unions. Corporate ‘leadership’ councils succeeded in eroding union bargaining and organizing rights, while lobbyists flooded Congress to write anti-union legislation. This is while 23 state legislatures to date have enacted Right-To-Work laws that are really right-to-not-pay union dues, even though union members enjoyed union benefits. Corporations have become too powerful, in other words, overriding the balance of powers enshrined in our constitution and laws that limited the power of any one economic sector over American lives. The result has been successive asset bubbles since 2000, as well as record income inequality. It is now well-known that since the 1970s wealth has been shifted from workers — mainly the 80 percent who are wage and salary earners — to the ‘rentiers’; major investors, as well as Wall Street and corporate executives who control most of the wealth. It is time to downsize their power, and raising the corporate tax rate is a good place to start. We now know how this happened. This is well documented in such books as Jacob Hacker and Paul Pierson’s Winner-Take-All Politics . It began in the 1970s, as Big Business began to organize to oppose what they saw as too much government — in reality regulations (including tax codes) that restricted their profits. Their main tool is of course their lobbying largesse. Officially, say Hacker and Pierson, more than $3 billion per year is spent or donated to influence just federal legislation, a figure that has doubled over just the last decade. Two of the most visible lobbying entities are the U.S. Chamber of Commerce that advocates abolishing corporate taxes altogether, as well as the National Federation of Independent Business representing small businesses, which tends to lobby against any government regulation of business. Both organizations’ memberships doubled during the 1970s. So corporate profits do not drive economic growth, says Livingston — they’re just restless sums of surplus capital, ready to flood speculative markets at home and abroad. “In the 1920s, they inflated the stock market bubble, and then caused the Great Crash. Since the Reagan revolution, these superfluous profits have fed corporate mergers and takeovers, driven the dot-com craze, financed the “shadow banking” system of hedge funds and securitized investment vehicles, fueled monetary meltdowns in every hemisphere and inflated the housing bubble.” There is another way to level the playing field between workers and corporations. And would be to increase the incomes of employees, which have fallen for so many years. But that would require the roll back of the many anti-labor laws that have blossomed since the 1970s. Graph: St. Louis Fed But then is it any easier to close the tax loopholes that have allowed Warren Buffett’s taxes to be lower than his secretary’s? Raising corporate taxes — or closing all the loopholes — is a first step if we want to create a sustainable recovery, rather than more busted bubbles. The alternative is more economic uncertainty which will certainly cause a further decline in our global competitiveness.

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Preeti Vissa: A "Separate But Equal" Internet?

March 21, 2012

The phrase “knowledge is power” dates back to at least the seventeenth century, and it’s as true today as it was then. But today, technology has become the essential portal to information, and information technology has potential to be a great social and economic equalizer — but only if we preserve today’s open Internet. That is not by any means a sure thing. There is a real danger we could let ourselves slip into a sort of “separate but equal,” segregated Internet, as my colleagues in The Greenlining Institute’s telecommunications team explain in their new report, “Saving the Open Internet: The Importance of Net Neutrality.” There are a lot of misconceptions about net neutrality. For example, some on the far right would have you believe that net neutrality is code for government control of the Internet. It’s no such thing. Net neutrality is actually just a modern version of a very old principle, first embodied in the Pacific Telegraph Act of 1860 . Back when the telegraph was cutting-edge communications technology, there was concern that telegraph companies would pick favorites — transmitting messages they liked right away while delaying those they disliked, including communications from rivals or competitors. So Congress stepped in to require that each telegraph message be “impartially transmitted in order of its reception,” without the telegraph company picking out favored communications for preferred treatment. Today’s technology has advanced far beyond dots and dashes transmitted over wires, but the basic idea remains precisely the same: Companies that control the “pipes” through which information flows shouldn’t become censors, favoring or disfavoring messages because they approve or disapprove of the content. In short, net neutrality simply preserves the free, open Internet we know and depend on today. But is that free and open Internet really in danger? In a word, yes. In one particularly egregious example, a few years ago Verizon blocked text messages from NARAL Pro-Choice America on the grounds that it had the right to block “controversial or unsavory” communications. After howls of public outrage, the company backed down, but the threat of censorship remains. Without net neutrality, any provider could block or slow down messages it doesn’t like, including those from competitors. Or it can force low-income individuals or small businesses into Internet “slow lanes,” reserving faster speeds and swifter transmission for those who can afford to pay the most. This could impose real hardship on millions. In a wired world, those with the weakest wires are at a permanent and serious disadvantage. The winners in such a scenario will be the largest, wealthiest firms and individuals. The losers will be small businesses and people with low incomes. Of particular concern is the wireless field, where the FCC’s efforts to preserve net neutrality have been weakest. This weakness especially threatens communities of color: As documented in Greenlining’s 2011 report, ” iHealth “, people of color are less likely than whites to have broadband access at home and are more likely to access the Internet via a smartphone rather than a computer. At present, the FCC’s level of authority to preserve an open Internet is under dispute. Congress could solve the problem instantly by passing legislation such as S 74 , proposed last year. This bill would provide the FCC unquestioned authority to maintain a free Internet. Without federal action to preserve net neutrality, any of us could be forced into the slow lanes of the information superhighway.

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Brian Tolle: Your Innovation Lifejacket: Pull to Inflate

March 21, 2012

Ever received an email like this one from your boss? Please send me two to three innovative ideas by close of business tomorrow. By the way, you open the email at 8:30 p.m. after putting your kids to bed. OK, so your first reaction is, “what the… ” (This may be on the Huffington Post but this blog is family-friendly.) Your second reaction is brain freeze, as if you just chugged a Slurpee. That’s what panic will do to you. Your third reaction (hopefully) is to start thinking, “Now what am I going to do?” That’s when you should reach for the following “Innovation Lifejacket” — quick questions to ask yourself to get the ideas bubbling. Remember, your boss didn’t ask for a business plan, just ideas. Ready? KIIS — Keep It Intuitive, Stupid. This one is all about “ease of use.” The payoff is that there are usually lots of potential customers not using your offering because they see or experience it as too complicated. God bless our engineers but they sure do love to, well, over-engineer things. Let you be the counter-balance to your engineers. Example: I just opened a Square account to take credit card purchases for my book at speaking engagements using my iPhone. Everything about setting it up was easy. Everything. I’m sure I ended up making trade-offs that I haven’t even learned about this early in the game but so far, I’m in love. Strip Show This is a close relative to first one. There is always a market for a version of your product or service with less functionality. It’s a simple fact that people only want to buy what they really want. When we load up the bells and whistles we run the risk of turning off potential customers. They may be outside the United States or they may be a population you don’t want to associate your brand with for fear of tarnishing it. But at least they’re paying customers. Example: QuickBooks Online — not as a shining example but as an offering that can strip down even further for someone like me. 3. PIY — Pump It Yourself This is the self-service option. Shift your low-end customers to a lower cost checkout option to reserve higher-end customers for your talented sales staff. Example: I was in my local Apple store recently with a friend who was ready to buy a $1,800 MacBook Pro. I tagged along and decided to see what they had for propping up my iPad. He picked out his laptop; I picked out my $30 cookbook stand. A different store employee came up to me and asked me if I was ready to buy the stand. I said “yes” and she said, “do you have your iPhone on you?” She then showed me the EasyPay function through the Apple store app where I could check myself out with no employee help. It’s way smarter to give the high touch service to the $1,800 sale than the $30 one. Bonus Sources Ugh Moments This one is a bit more general. Look for moments as your customers experience your product or service where they struggle. Therein lies an opportunity for innovation — to make the experience more relevant or useful to your customer, not to you. Backroom Innovation Use Osterwalder, Pigneur, and Smith’s Business Model Canvas to help you think about opportunities for innovation in the other parts of your business model besides products and services. How about different channels or supplier relationships?

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Shira Lazar: How Office Star Rainn Wilson Is Bringing Soul to YouTube

March 21, 2012

Rainn Wilson, the star of the NBC comedy The Office and creator of Soul Pancake, sat down with me at SXSW to talk about how he’s built his passion project SoulPancake.com into a real business with soul. Wilson describes the site as an “online community for people who want to explore life’s big questions, philosophy, spirituality, and creativity.” Soul Pancake was recently given an investment from YouTube as part of their $100 million dollar fund. He shared some of their programming details (talking to rock bands about life’s big questions and having a storyteller travel around the world) and what this disruption means for traditional entertainment. Wilson also admitted to us that “every time I strangle a cat, I think about it’s soul.” Check out the rest of this awesome interview here:

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Patrick FitzGerald: Conversations Every Entrepreneur Should Have

March 21, 2012

You have an idea and you’re quite sure it’ll be successful. It might revolutionize the way people shop, eat, exercise, sleep, watch tv, you name it. What’s next? Before you embark on writing that business plan or applying to business school, take some time to talk. To whom? Everyone. Talk to your family: Your family, for better or worse, knows your flaws, strengths, weakness, and desires. For the most part, they also have carte blanche to be perfectly honest. Entrepreneurship isn’t for everyone but the freedom, self-expression, and potential rewards are quite attractive. As you walk your family through your idea though, they will, and should, undoubtedly be more worried about your sanity than your concept’s clarity. How will you make money, who will pay your bills, why would you quit your current job? These are all super relevant issues that you need to have a handle on or at least be able to wrestle with. Proving or pitching to your family that this is the right move is usually a good, safe environment in which to work on your convincing and salesmanship skills. Ultimately, familial support of your entrepreneurial endeavor will come around. Talk to your friends: Similar to your family, your friends know what makes you tick. Even more so, most people, friends included, will have a skeptical view of your concept. It’s human nature. Your friends will likely tell you all of the reasons why it’s a bad idea, what’s wrong with it, and why it won’t work. Don’t shy from this. Once you’re past the family threshold, it’s your job now to convince your circle of friends of the validity. Some won’t get it (frankly, due to latent jealousy of your entrepreneurial gusto). Others will, but they will put you through the ringer. All in all, you’re not out to convince all of your friends but the honest feedback , suggestions and reminders are valuable and most of all free. Talk to your potential customers: Far and away, this remains the ultimate challenge. More often than not, budding entrepreneurs spend an inordinate amount of time writing business plans, research industry trends, obsessing over real and imagined competitors and basically avoiding the obvious. While there is a natural fear towards pitching your idea too early, the best and most obvious form of information will be your potential audience. Talk to them about their business. What are their struggles, concerns, needs, and demands? If you’re lucky, you will hear your solution embedded in the conversation but ultimately you will learn more from these conversations than you will from anything else. It’s important to properly prepare your business by doing research, understanding your timeline and roadmap, and focusing on your product’s flaws and strengths. However, as you’re doing so, take some time to talk to your family, friends and customers. These are the best conversations you’re likely to have.

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Lloyd Chapman: The Best Way for Congress to Help Small Businesses is to Not Close the Small Business Administration

March 21, 2012

While Congress and the Senate are churning out a number of bills to project the appearance that they are helping small businesses, they are ignoring the largest problems facing America’s more than 28 million small businesses . Small businesses employ over half the private sector workforce, are responsible for over half the GDP and 90 percent of all U.S. exports, and according to the U.S. Census Bureau, create over 90 percent of net new jobs . A study by the Kaufmann Foundation found that small businesses have created virtually 100 percent of all net new jobs since 1980. Conversely, that means Fortune 1000 firms haven’t created one net new job in over 30 years. However, on January 13, 2012 President Obama held a national press conference to announce plans to combine the Small Business Administration (SBA) with the Department of Commerce and four other federal trade and commerce agencies — a move that any Washington insider can tell you is a trick to close the agency and wind down all federal programs for small business, woman-owned firms, minority-owned firms and veteran owned businesses. The stupidest thing that our government can do, with our country in the grips of the worst economic downturn in 80 years, is to close the only federal agency that helps America’s 28 million small businesses. But my guess is that is exactly what they’ll do because the giant corporations that own our politicians want every penny the government spends, even if it destroys our national economy. In fact, they’ve been trying to close the SBA for decades. Republicans in Congress have been trying to close the SBA by combining it with other agencies since Ronald Reagan was president. Reagan tried twice. His 1985 budget proposed abolishing the SBA and his budget director David Stockman tried to convince the Senate to close the agency as well. In 1996, House Republicans authored a bill to combine the SBA with the Department of Treasury. The Bush Administration cut the SBA budget by more than 60 percent and tried to close the SBA by combining it with the Department of Commerce. In August 2011, Republican Sen. Richard Burr also proposed legislation to close the SBA , again by planning to combine it with the Department of Commerce. And now, President Barack Obama is proposing to do the same thing, which threatens every federal program designed to assist small businesses. I believe that Republicans over the past three decades and now President Obama are using the proposal to consolidate the SBA as a ruse to wind-down federal small business contracting programs that mandate that 23 percent of all federal contract dollars must go to small businesses, including 5 percent go to women-owned businesses, 5 percent go to minority-owned companies and 3 percent to veteran-owned companies. By winding down these federal small business contracting programs, large businesses — which are some of the largest contributors to political campaigns every year — stand to gain billions in federal funds meant for small businesses every year. The second major problem Congress is refusing to address is the fact that since 2003, over a dozen federal investigations have found that the overwhelming majority of federal contracts reported by the SBA to be going to small businesses are actually winding up in the hands of some of the largest companies in the world. In 2005, the SBA Office of Inspector General (SBA-OIG) released report 5-15 , which described the diversion of billions of dollars a month in federal small business contracts to corporate giants as, “one of the largest challenges facing the Small Business Administration and the entire federal government today.” President Obama recognized the magnitude of this problem in February 2008 when he released the statement : Helping small businesses is part of our movement for change and the end of politics as usual. 98 percent of all American companies have fewer than 100 employees. Over half of all Americans work for a small business. Small businesses are the backbone of our nation’s economy and we must protect this great resource. It is time to end the diversion of federal small business contracts to corporate giants. However, since taking office, President Obama has failed to adopt even a single policy to end fraud, abuse and loopholes in federal small business programs. In fact, many of his policies will dismantle or weaken federal small business contracting programs. For example, the latest data from the Federal Procurement Data System indicates that, of the top 100 firms that received the highest dollar amount in federal small business contracts in fiscal year (FY) 2011, 72 of those companies were actually large companies, including some of the largest corporations in the world. On Sept. 9, 2011 the Obama administration also announced plans to dismantle a federal contracting program originally established through the efforts of Martin Luther King Jr. and the passage of the Civil Rights Act — a move that could economically devastate minority communities. The Obama administration’s proposal is to end federal programs that establish, for the Department of Defense (DOD), NASA and the U.S. Coast Guard, a five percent federal contracting goal with minority-owned small businesses. If Congress really wants to help small businesses, it’s really simple: 1) Not only should they vote to not consolidate the SBA with other federal agencies… 2) …They should reopen all the SBA offices around the country that closed during the Bush administration and provide the SBA with the kind of budget that the only agency that exists to help small businesses should receive — somewhere in the neighborhood of $4 billion dollars a year, as opposed to the less than $1 billion it currently receives in annual funding. And 3) Congress should pass H.R. 3184, “The Fairness and Transparency in Contracting Act,” which would prevent publicly traded corporations from receiving federal small business contracts. Here’s my guess — sadly you won’t see any of my recommendations happen because the corporate giants that are hijacking tens of billions of dollars worth of federal small business contracts a year are the ones that decide which legislation gets passed and who gets elected to Congress. They’ve spent millions in recent years lobbying Congress. That’s why even though the SBA Inspector General recently testified before Congress that the diversion of federal small business contracts to large companies is currently the number one management challenge facing the SBA, and has been for the last seven consecutive years, it is unlikely that Congress will act to end the rampant abuses that have cost our nation millions of jobs. The House Small Business Committee even proposed cutting the SBA’s FY 2013 budget by $10 million dollars in a recent markup . With our country already in the grips of the worst economic downturn in 80 years, the best way to ruin the economy is by destroying all the federal programs that exist to help small businesses. Small businesses are proven to be this nation’s chief engine of economic stimulus and job creation but President Obama plans to close the only federal agency that exists to help America’s 28 million small businesses. Anyone running for a top political office, who doesn’t have a plan to help the nation’s 28 million small businesses and end the diversion of federal small business contracts to corporate giants, doesn’t deserve to serve in the White House or Congress.

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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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David Shucavage: Taxes "On Sale"

March 21, 2012

Would you like to save 25 percent on your taxes? If you have a stock that has gone way up in value, you may have the opportunity to save that much in 2012. When you buy a stock, you are hoping that its price will go up and you will be able to sell it later at a tidy profit. The difference between the purchase price of the stock and its sale price is called the “capital gain” (or loss, if it went down instead). The capital gains tax rate is different from the tax on wages or interest. If you have owned the stock for more than a year, you would pay the “long term” capital gains tax rate, which is capped at 15 percent. Taxes on wages can go as high as 35 percent. It’s important to keep in mind that the money you get to keep from the sale will be reduced by 15 percent of the portion that is capital gains. In a sense, a portion of the gains in your portfolio aren’t yours at all; they belong to the government. Remember, it doesn’t matter what you have — it matters what you get to keep. I tell my clients to visualize their portfolios with this in mind, like a pie chart with a healthy slice going to the government. We always want to be on the lookout for ways to reduce the size of the piece that goes to the government. This blog highlights one way to make that happen. Many people have stock portfolios with large capital gains: Stocks bought long ago and held for a long time; stocks inherited from family years ago and neglected, or maybe you made a terrific pick and the stock has gone way up in value. Today, 15 percent of that gain belongs to the government. The trouble is, on Jan.1, 2013, the current tax rate is due to expire and the tax on those gains will go up to 20 percent. So if you were to sell the stock next year, you would pay more tax on the gain. So how can you avoid this? One sure way is sell the stock this year and pay the lower tax rate. If you really like the stock and want to keep it, there’s nothing preventing you from taking the money and buying the same stock right back again. Yes, after tax you would only be able to buy less of the stock than you had originally, but remember, that 15 percent of the gains belonged to the government anyway. Better to sell it now and keep 85 percent than to sell it later and keep only 80 percent. The point is to maximize what you get to keep. Sometimes that means paying taxes now when they are lower, “on sale,” if you will. Future gains on the newly repurchased stock will be taxed at the new 20 percent rate, but you will have locked in the lower 15 percent tax rate on all previous gains. You may have heard of the “wash sale” rule that says if you sell a stock, you must wait 30 days before buying that same stock back, but that rule only applies when selling a stock that has fallen in value and a capital loss has been taken. A loss like this will cancel out capital gains and help you reduce your taxes. There is no such restriction when you sell stock for a gain. There are some cases where this strategy should not be used. Many stocks are purchased to provide income now from the dividends the stocks pay, rather than to be sold later for a capital gain. These are often stocks like utility companies. Even if you have gains in these stocks, you may not want to sell them because if you lose 15 percent of those gains to taxes, you will also reduce the income they will provide. It might be better to keep the stock and enjoy the higher income. You also don’t want to sell them if you expect to die before you sell them, because when you die you will pass all the stocks on to your heirs with no capital gains tax (this is called a “stepped up basis”). And, none of this applies to stocks held in an IRA, 401(k), SEP, or other “qualified” plans where everything is taxable at the same rate you pay on ordinary income, no matter what. It is true that Congress may extend the lower rates for another year, in which case you could wait. It’s very hard to predict what will happen at the end of an election year. Even so, it is unlikely taxes will be lower in the future, so you may just decide to play it safe and sell now. Either way, you want to be prepared. When you next meet with your stockbroker or financial adviser, ask them to determine what stocks in your portfolio may qualify. Double check it with your accountant. That way, if it makes sense to take advantage of this tax sale, even if you wait to see what Congress does in December you will be ready. Remember, it’s not what you make — it’s what you keep. Sometimes it is better to pay some taxes now to save even more taxes later. In a future blog, we will look at how half the population may be eligible to sell some of their stocks now and pay no capital gains. www.carolinaestateplanners.com

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David Isenberg: PSC = Privateering Security Contractor

March 20, 2012

If you follow maritime news in even the most cursory fashion you’re likely aware that, due to attacks by Somali pirates, that private security companies are increasingly involved in protecting commercial shipping against pirates. That in itself is not news. But current efforts are still embryonic. Despite the rush of companies into the briny blue to win contracts, the drafting of standards by their use, and the acceptance of at least some governments to their use, the utilization of PSC is still largely the result of an agreement between a maritime shipper and a PSC. But that is sort of a maritime beggar they neighbor policy. It works okay for the leading shippers who have money to spend on security but not so well for those who don’t. It is similar to the old joke about the justice system: “Capital justice is for them who have the capital.” But can PSC do even more? The answer is yes, according to Todd Hutchins, a U.S. naval Surface Warfare Officer. Last year his article ” Structuring a Sustainable Letters of Marque Regime: How Commissioning Privateers Can Defeat the Somali Pirates ” was published in the California Law Review . His premise is that piracy is a complex problem that threatens maritime safety and interferes with global commerce. Today, despite costly naval interventions, Somali pirates viciously attack seafarers across expansive stretches of the Indian Ocean. Powerful nations from around the globe have been unsuccessful at stemming the problem because they have focused on capturing and prosecuting a relatively small number of seagoing pirates, while allowing pirate networks to operate with near impunity. To prevent future attacks, an effective and sustainable deterrence regime must be implemented to target the financiers and sophisticated kingpins who lead pirate networks. What is his solution? In a Back to the Future approach he wants to use a classic solution — privateers . This is not only a private sector alternative with a long and honorable tradition, combining profit and patriotism, but is one that is expressly allowed under the U.S. Constitution; Article 1, Section 8, Clause 11 — [Congress shall have Power...] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water. Hutchins notes that, scholars have considered the possibility of issuing letters of marque to private actors as an antipiracy strategy. He further develops the concept by considering how such a legal framework could be structured under both domestic and international regimes, and how it might effectively deter pirates while adequately compensating and controlling privateers. But unlike other scholars, he proposes establishment of an international system of issuing letters of marque. This approach would build on the current multilateral antipiracy efforts underway in the Indian Ocean; avoid questions of legitimacy or international wrangling over the illegality of privateer actions, and enable individual nations to avoid becoming entangled in fighting and prosecuting pirates. More on that in a moment but first consider the economics of the issue. He notes that the current approach is economically foolish. Thus far, the response to Somali pirates has focused on utilizing large naval warships to patrol the seas off Somalia. At present, thirty nations (deploying over forty naval vessels) patrol the Gulf of Aden. The costs are staggering. According to United Nations Under-Secretary-General Antonio Maria Costa, a single naval vessel off the Somali coast costs $ 100,000 a day, and the aggregate annual operational cost of all the nations patrolling is about $ 1.5 billion. These figures far surpass the ransoms paid to pirates, which raises the question: Why do the European Union and the United States allocate scarce resources to the problem when their economies are in shambles? It is important to remember that Hutchins is not advocating the use of armed security teams aboard ship, which has become a new market segment of the PSC industry. He writes, “While this option might be less costly than stationing a naval fleet in the area, it is still prohibitively and unnecessarily expensive. Already operating with almost no profit margin due to the global recession, shippers would have difficulty assuming these additional costs. Moreover, teams on every ship would be extraneous since pirates attack very few of the 20,000 ships transiting the Gulf of Aden.” Instead, he is advocating something more ambitious; a strategy for proactively dismantling pirate networks and uprooting the kingpins that fund, direct, and profit from piracy. Thus he believes the solution to piracy in the waters off of Somalia may lie in letters of marque, which are legal authorizations enabling private entities – privateers – to use force on behalf of the state to harass or prey on vessels belonging to foreign nations or individuals. This is not the place to go into detail on letters of marque though their use goes back centuries both in the United States and other countries. Although privateers fell out of use starting in the mid-nineteenth century they did not become extinct. And in recent years there have been calls to rely on them again. After the 9/11 attacks, Congressman Ron Paul suggested issuing letters of marque against terrorist assets. He argued that using private forces to hunt terrorists would be more advantageous and cost-effective than war or regime change. His Marque and Reprisal Act of 2001 classified the attacks of 9/11 as “air piracy” and directed the president to issue letters of marque against Osama bin Laden. Congress did not enact the proposed law. In 2007, Ron Paul again introduced the Marque and Reprisal Act authorizing and requesting the President to commission, under officially issued letters of marque and reprisal, so many of privately armed and equipped persons and entities as… the service may require, … to seize outside the geographic boundaries of the [United States] and its territories the person and property of Osama bin Laden. On April 15, 2009, Congressman Paul again advocated issuing letters of marque, this time to “Special Ops/Special Forces operators who are ready, able, and willing to have a go at the Somali pirates.” This proposal was in keeping with the traditional understanding of letters of marque and privateers under international law. But Congress failed to act on this proposal. Hutchins says a new Letters of Marque regime is required because: Since the Somali government lacks law enforcement capacity, foreign diplomatic measures will have little effect on changing the behavior of Somali citizens. Moreover, pirate networks operate across an expansive geographic range through a network of specialized nodes for command and control, logistics, financing, and recruitment. Wartime strategies, such as coastal bombardment of pirate bases or shore invasion, would result in heavy casualties. The possibility of military occupation to restore law and order seems unlikely, especially given the strong public sentiment against intervention after Iraq, Afghanistan, and failed past engagements in Somalia. Patrolling millions of square miles of the Indian Ocean would be impracticable and cost-prohibitive for the U.S. Navy and its coalition partners. Allowing private professionals to operate against pirates under letters of marque is consistent with the international law of reprisal and is permissible as individual or collective self defense. ***** Since privateers conduct operations on behalf of governments, essentially functioning like military vessels, they would be entitled to board, search, and seize pirate vessels. Consequently, if privateers discovered evidence of piracy onboard a suspect vessel, they could seize the vessel, arrest persons on board, and subject such persons to the jurisdiction of the courts of the state that issued the letter of marque. Under the principle of universal jurisdiction, the state that issued the letter of marque could also take any assets of pirates and their backers within the state’s territorial jurisdiction. Prosecuting individual Somali pirates, particularly the increasing number of minors, is not nearly as important as crippling the global network of financiers, backers, and negotiators. Issuing letters of marque allowing privateers to seize assets, such as ships, high-speed engines, weaponry, and telecommunications equipment vital to the operations of pirate backers would be a cost-effective way to halt their operations. Privateers could proactively seize pirate skiffs and mother ships with ties to the gangs from pirate controlled cities, such a Eyl and Hadahere, as they leave port. Seizing these hard assets would be more effective than prosecuting personnel. So how do today’s private contractors play into this? Since states have a right under international law to hire contractors and private individuals to support their military efforts, it seems reasonable that international authorities would be entitled to do the same. Private security forces have played an increasingly important role in modern conflicts – in some instances performing functions nearly identical to their uniformed counterparts. For example in Iraq, private contractors have defended bases, trained the Iraqi army, and interrogated prisoners. Letters of marque do not alter these recognized roles, but rather change the way the government compensates contractors, allowing private enterprises to collect payment through prize courts. A new letters of marque regime would not alter the practice of employing contractors, but would merely alter their form of compensation. Of course, given the problems that have cropped up in recent years with private security contractors in Iraq and Afghanistan there are concerns about control and accountability of modern day privateers. Hutchins notes steps Congress could impose additional qualifications on the conduct of privateer operations. Privateers should be required to provide a large bond to cover payments for any vessels or persons improperly seized. This would discourage unlawful takings. Additionally, privateers should be required to provide justification to regional military commanders via satellite phone, stating the evidence that a particular vessel may be involved in piratical activities. Alternatively, when military commanders glean information about pirate movements from ground intelligence or unmanned aerial vehicles, they might direct privateers to specific targets. Another approach would be to require privateers to seek judicial permission – similar to a warrant – from an international tribunal or domestic court prior to attacking a suspected target. These measures would reduce the possibility of mistakenly taking innocent vessels. Authorities could also specify disciplinary actions, such as criminal punishments, sanctions, and forfeiture of bonds for privateers that misbehave. Further, in a domestically administered system, subjecting modern privateers to the Uniform Code of Military Justice, as Congress has done with contractors engaged alongside U.S. forces in combat, and with privateers in 1812, would reinforce their subjugation to military authorities. Hutchins also thinks that steps can be taken to incentivize privateers because, let’s face it, there’s no money in just capturing a pirate skiff or mother vessels But there are bounties and rewards, which likes letters of marque, have a long and honorable tradition. During WWI, British sailors were entitled to receive a bounty, even for missions on land. In America, the Continental Congress paid a bounty of twenty dollars per cannon and eight dollars per man captured. Recognizing the need to incentivize actual military effectiveness, Congress passed the Bounty Act as one of its first bills after the Constitution was ratified. Under the Bounty Act, the U.S. government paid sailors bounties for taking enemy prizes. The Supreme Court upheld the payment of substantial bounties to persons responsible for the capture or destruction of enemy fleets. After all, the U.S. government uses bounties to encourage the enlistment of private citizens in law enforcement activities, such as bail enforcement officers — also known as bounty hunters. There was a twenty-five million dollar bounty on Osama bin Laden. Privateers will be motivated by a bounty whether funded by the public coffers or via collections from civil penalties against pirate assets. Issued in tandem with bounties, letters of marque provide an efficient way to confiscate pirate vessels prior to attacks. Furthermore, letters of marque also provide a method of seizing or destroying land-based assets used by pirates in their “ports.” Prize jurisdiction extends to seizures made “in ports,” and such jurisdiction does not end merely because the goods have landed. Case law suggests privateers can use letters of marque to seize and destroy the land-based assets of pirate kingpins located near the shore. Finally, letters of marque allow for the seizure of pirate leader assets on behalf of the issuing nation so letters of marque enable enforcers to broadly target the pirate network kingpins, who have amassed fortunes. According to experts, “the commanders and generals – the financiers and the organizers behind it all – are in Dubai, Nairobi, Mombasa, and even Canada and London, sitting in their hotels, communicating via laptops, and making big money.” These ringleaders have turned regional piracy into a global criminal enterprise and are conducting intelligence gathering in the heart of the shipping community and at the Suez Canal. They also have significant U.S. assets and are rumored to be wealthy and well educated. Observers suggest that current strategies, which focus on seagoing Somalis, neglect the leaders who command and control pirate operations. Intelligence officials have long known that “Somali pirates do not randomly attack vessels in the Gulf of Aden and Indian Ocean; they rather select their targets via the help of a London-based consultant group.” These international backers are largely responsible for the growth of piracy as they finance operations and provide logistical support. They also profit the most, taking the lion’s share of ransom payments. Over the past decade they have likely amassed hundreds of millions of dollars from ransom payments. Letters of marque would allow privateers to seize these assets, providing them with a lucrative incentive to attack the piracy problem at its root.

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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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Olivier Blanchard: The Logic and Fairness of Greece’s Program

March 20, 2012

To get back to health, Greece needs two things. First, a lower debt burden. Second, improved economic competitiveness. The new program addresses both. Bringing down the debt Some countries have been able to work down heavy public debt burdens. Those that were successful did it through sustained high growth. But in Greece’s case, it had become clear that high growth–let alone sustained high growth–was not going to come soon enough. Debt had to be restructured. The process was long and messy. After all, bargaining between creditors and debtors is rarely a love affair. In the process, foreign creditors were often vilified in Greece as bad guys–rich banks, who could and should be willing to take a hit. But in the end, banks belong to people, many of them saving for retirement, who saw the value of their bank shares go down in value. All said, the PSI (private sector involvement) deal –the largest ever negotiated write-down of public debt–has reduced the debt burden of every man, woman, and child in Greece by close to €10,000 on average, a sizable contribution on the part of foreign savers. Greece now has to do its part―with sustained political commitment to implement the difficult but necessary set of fiscal, financial, and structural reforms that have been agreed as part of the program supported by Greece’s partners in the eurozone and the IMF. It is a huge challenge, no doubt. But it is also an opportunity-to take advantage of the economic space opened up by private and official creditors. Will Greece seize it? Fixing public finances First, it has to bring down its fiscal deficit further. Otherwise, this will simply negate the progress which was just made on the debt. The fiscal effort which has been accomplished already is truly impressive, with the primary deficit coming down from 10 percent to less than 3 percent. The reduction and the rescheduling of debt will help cut interest payments, but this will not be enough in itself to fix the hole in the public finances. Greece is still running a primary deficit, and it will soon need to run a primary surplus. There is simply no alternative. Much spending will need to be cut. And, on the tax side, given the harsh measures that have to be taken, much of the focus of the program is on fairness, on making sure that richer people do indeed pay their fair share. Reducing the current account deficit Equally, or perhaps more importantly, Greece has to reduce its current account deficit. For two separate reasons. First, no country can run a large current account deficit and borrow from the rest of the world forever. Second, as fiscal austerity cuts into domestic demand, the only way to return to growth is to rely more on foreign demand to reduce the current account deficit. And Greece still has a very large current account deficit, at close to 10 percent of GDP, despite the depressed level of output. To reduce a current account deficit, there is no secret: the country has to become more competitive, sell more abroad, and buy less from abroad. At the moment, Greece’s exports amount to only about 14 percent of the goods it produces. By how much does Greece need to improve its competitiveness? It is difficult to be sure, but an improvement in competitiveness―or a real depreciation―of about 20 percent seems to be what is required. Strategy for improving competitiveness There are two ways to become more competitive: become much more productive, or reduce wages and nonwage costs. The first way is much more appealing. But there is no magic wand. While many sectors in Greece show a large productivity gap, the reforms needed involve changes in regulation and behavior, none of them easy to achieve. The program designed with the Greek government tries hard to identify where and how progress can be made. The list is long, but implementation is hard, results uncertain and, in any case, will not come tomorrow. This leaves decreases in relative wages, at least until higher productivity can kick in. In countries with flexible exchange rates, this can be achieved through currency depreciation. In a country which is part of a common currency area, it has to be achieved by decreasing nominal wages and prices. In Greece, wages have increased faster than productivity growth for years, compounding the problem. Unit labor costs―which is a key measure of competitiveness―increased by over 35 percent during 2000-10, compared to just under 20 percent in the euro area. This has to be undone. The best way forward would have been a negotiation between social partners to reduce wages and prices, and avoid a long and painful process of adjustment. This did not happen. The program tries to accelerate the process, while protecting the most vulnerable . The harsh reality is that the adjustment has to take place one way or the other; otherwise competitiveness will not improve, demand will not increase, the current account deficit will continue, and unemployment will remain very high. The faster it does take place, the less pain there will be. No viable alternatives Were there less painful alternatives? I do not believe there were, or are. For example, the notion which is sometimes floated that large infrastructure projects might boost growth, increase productivity, and improve the fiscal and current accounts, is fanciful. The problem of Greece is not primarily a problem of physical infrastructure. Projects financed by state funds would do little to impact growth in the short term, would make the fiscal deficit worse, and would only delay the inevitable adjustment. What about leaving the Eurozone? Euro exit followed by a sharp depreciation could achieve the relative wage and price decline that Greece needs, and achieve it faster. (Note: the relative price and wage decline would not be avoided; it would just happen faster). Indeed, if Greece had had its own currency to start with, this would surely have been part of the program. But Greece is part of the Eurozone. And, leaving aside the large costs of no longer belonging to the Eurozone, the dislocations from a disorderly exit–from the collapse of the monetary and financial system, to the legal fights over the proper conversion rates for contracts–would be very, very large. Long climb The bottom line: will the program work? Greece will have to climb a mountain at least as high as the one it has just climbed and success will hinge crucially on the government’s sustained and strong implementation. In all programs, unexpected events will happen, and the program will no doubt have to be readjusted along the way. As Christine Lagarde has said, “the risks remain exceptionally high.” All this is true. But it is also true that the program deals squarely with the two most fundamental issues facing Greece―not only high debt but also low competitiveness. And it is fair, both in asking for shared sacrifices, not only within Greece, but also between Greece and its creditors. From iMFdirect blog.

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Joseph A. Palermo: California State University: The Coming For-Profit Train Wreck

March 20, 2012

The California Faculty Association, which represents the faculty of the nation’s largest public university system, released a report today titled: “For-Profit Higher Education and the California State University, A Cautionary Tale.” In it, the CFA presents a devastating critique of the “for-profit” direction that Chancellor Charles Reed and the Board of Trustees have taken the CSU system. “Leveraging the public’s hunger for ‘access’ and the opportunistic moment of crisis,” the paper’s summary states, “the CSU’s executive leadership is quietly pursuing a vision of the university that will have permanent consequences and irrevocably harm the CSU’s quality and reputation.” The detailed and densely footnoted report takes on the gigantic executive salaries and perks that have become central to the Chancellor and Trustees’ approach to university governance even in a period of austerity. The paper also critically examines the top management’s proposed expansion of Extended Education programs to by-pass public accountability as well as its promoting of on-line courses that can be farmed out to organizations outside the university in an effort to open up new opportunities to exploit California’s struggling student population. Regarding the lavish CSU executive salaries, many of them passed in the midst of the worst economic downturn in California since the Great Depression, the paper states: “Last year, CSU executives were paid between $240,000 and $400,000 in salary alone. On top of that, each executive is allotted $12,000 per year as an auto allowance. Campus Presidents and the Chancellor each receive either state-owned homes or housing allowances of $50,000 or $60,000 per year. Other perks available to executives include special retirement packages such as lifetime employment as a tenured professor and other deals that were widely criticized as excessive ‘golden parachutes’ when they were exposed by the San Francisco Chronicle in 2006.” The exorbitant salaries for top management, with their generous perks and multiple raises, have come at a time when student fees and tuition have skyrocketed and many students cannot graduate in a timely manner because so many courses have been cut and the budget for basic instruction has been slashed. This state of affairs raises basic issues of fairness. So out of touch are Reed and the Trustees they saw nothing amiss last summer in passing a 12 percent hike in student fees at the same meeting where they voted to give the incoming president of San Diego State an increase in salary of $100,000 over his predecessor. Only after the public uproar this move caused, which caught the top managers by surprise, did they hastily draw up a new policy that would cap raises for new presidents at 10 percent over the previous salary. But the damage had been done. The only reason they took this small step was because the public, state legislators, and Governor Jerry Brown expressed outrage at the tone-deaf nature of the move. This episode was not just bad “optics” but revealed Reed and the Trustees’ utter detachment from the economic realities of the state. State Senator Ted Lieu (D-28th District) fired off a blistering letter that took to task the Chancellor and Trustees for pointing to big universities that contained medical schools, law schools, research institutes, and huge endowments as “comparison” institutions to justify the sumptuous salaries for CSU executives. In times of plenty the public might tolerate this kind of salary and pension spiking, but amidst austerity and budget cuts, when students and their families are forced to pay more for fewer course offerings, Reed and the Trustees’ clinging to CEO-level compensation packages has an added level of egregiousness. Fiscal crisis seems to be the permanent condition of the state, deficits are high and tax dollars are scarce, yet the CSU managers continue living large and bilking California taxpayers while undermining the affordability of the public university they’re entrusted to protect. Governor Brown expressed his concern about “the ever-escalating pay packages awarded to . . . [CSU] top administrators,” and criticized Reed and the Board’s actions regarding executive pay as “setting a pattern for public service that we cannot afford.” In the past two years the CSU system has shed some 8,000 course offerings, (about 6 percent of the total), at the same time thousands of students are being turned away . Now the Chancellor and Trustees propose a $20 million expansion of on-line courses to “compete” with for-profit “colleges.” They haven’t adequately explained why the CSU now must hunt for new students out of state to “compete” against for-profits while closing their doors to qualified California students. The Chancellor and Trustees appear to be fast-tracking an end run around the public and the faculty by calling for enlarging the Extended Education operations, which do not require the same scrutiny under California law as does the rest of the CSU system. For example, “while California law requires public notice and comment whenever the CSU Board of Trustees votes to raise regular CSU tuition, this law does not apply to fees for courses offered through higher-priced CSU Extended Education programs.” The related expansion of CSU On-Line and the proposed partnership with the Western Governor’s University, which is a non-profit but follows the same business model of the for-profits and has a similarly abysmal graduation rate (22 percent), further empowers the top management to make command decisions for the system free of public input. These moves represent yet another attack on the shared governance structure that has served the state and the CSU well for a half century. Californians might want to think twice before they trust these people to expand the Extended Education programs and the CSU On-Line facilities, which would grant them more power to manipulate the CSU budget and generate profits at students’ expense. Before plowing ahead with an aggressive shift to on-line teaching with fewer public safeguards Californians should take a look at the Community Colleges’ decision to drop their proposed “partnership” with Kaplan after Kaplan’s exploitative practices of students became widely known. The CSU should not go down this same road. Another cautionary tale comes from CSU Bakersfield’s experience in pipelining its remedial math courses over the Internet with disastrous results. Of the 700 undergrads who took the course only 40 percent passed their final exams, whereas the year before students in the traditional classroom setting had a 75 percent pass rate. On-line courses are not for everybody , especially students requiring additional help. They might be cheaper to administer and cost-effective to the bottom line, but for many CSU students they can be a bad fit. They should be considered thoughtfully and deliberately and with plenty of public and faculty input. “The misguided attempt to remake a great public institution in the image of a scandal-ridden, failed model of higher education is not happening because of a public mandate, nor is it happening through open discussion within the system’s democratic processes. Instead, the transformation is being executed through a stealth process of for-profitization, led by a handful of richly rewarded executives and a few powerful individuals on the Board of Trustees. And it is taking place without sufficient transparency and accountability.” The CFA paper concludes with a clarion call to save the CSU and offers some concrete proposals: 1). Reinvigorate the spirit of public service at the highest echelons of the CSU management; the system would be far better served if the chancellor and the executives understood that they are educators, not CEOs; 2). Grant a greater role for ex officio voting members of the Board, the Governor, Lt. Governor, Superintendent of Public Instruction, and the Speaker of the Assembly, who are all answerable to voters and to the public at large and could keep the state legislature and executive branch informed about the decisions being handed down; 3). Democratize the CSU Board of Trustees. There should be more student and faculty voices on the Board as well as a democratic process to hold them accountable for their missteps; 4). Do whatever it takes to maintain the affordability and quality of education for Californians. The corporate-style mismanagement of the CSU system points to a deeper crisis in values. It’s the underlying mentality that makes the revelations of the for-profit model and the salary spiking so disturbing. Reed and the Trustees have shown themselves to be untrustworthy stewards of a public institution vital to the success of the next generation. Like the for-profit “colleges,” they view young people as a source of revenues and a captive market that has nowhere else to go. They’ve embraced the same practices that have been so discredited by the excesses of the for-profit corporations that pose as “colleges.” Rather than doing all they can to give students who are largely from working class backgrounds a leg up in American society they follow a business model ill suited for the needs of our students . Parents, students, and especially alumni have a right to be outraged over the way Reed and the corporate-friendly Trustees have so mismanaged a public institution that took decades to build. They’re combining the worst of the public sector (executive salary spiking and the misallocation of tax dollars) with the worst of the private sector (a watered down curriculum and the exploitation of students, staff, and faculty). Amidst a serious economic downturn in California, with unemployment hovering at roughly 3 percentage points above the national average (and 6 points above the average in some hard hit counties), with layoffs, furloughs, class and program cancellations, the Chancellor and the Trustees’ insistence on maintaining gigantic executive salaries has revealed their detachment from the economic realities facing California’s students. If Reed and the Trustees are allowed to achieve their maximal goals for the CSU without strident opposition from the public the CSU will end up in a few years resembling more a privatized for-profit diploma mill than the great public university system it once was. What the Chancellor and Trustees don’t seem to understand is that the more they batter the CSU “brand” the less prestige their own positions will hold. Why should these people be paid more than the Governor of California, the Chief Justice of the Supreme Court, and even the President of the United States? Why isn’t the Chancellor termed out like California legislators and most other public officials? Maybe the only way to get through to these people is to point out that as the quality of the CSU declines under their mismanagement the underpinnings justifying their own prestigious salaries will eventually decline with it. They must assume that they’ll be long gone before that happens and like the rest of the business world perfectly happy to pass on the damage they caused to society while walking out the door.

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Chris Weigant: Getting Rare Earth Ready

March 20, 2012

When those of a certain age hear the term “rare earth,” what immediately springs to mind is a 1970s band of the same name, whose biggest hit was a song called “Get Ready.” The song was catchy, but the lyrics (“Well tweedley-dee and tweedley-dum/Look out baby, ’cause here I come”) weren’t exactly profound. The chorus repeated the “Get ready, ’cause here I come” phrase quite a few times. But it had a solid beat, and you could dance to it… as they said back then. An entirely different kind of rare earth is in the news these days: the kind that actually comes out of the ground. A whole group of elements (which aren’t actually all that rare) are classified as “rare earth” minerals. Their importance in the modern world is growing by leaps and bounds, because they are a key component of most high-tech devices (such as cell phones, computers, and electric car batteries). Even more critically, they are a key component of high-tech military hardware such as night-vision goggles, guided missiles, and Aegis warships. Last week President Obama mentioned the subject in a briefing: This morning, we’re taking an additional step forward. We’re bringing a new trade case against China — and we’re being joined by Japan and some of our European allies. This case involves something called rare earth materials, which are used by American manufacturers to make high-tech products like advanced batteries that power everything from hybrid cars to cell phones. We want our companies building those products right here in America. But to do that, American manufacturers need to have access to rare earth materials — which China supplies. Now, if China would simply let the market work on its own, we’d have no objections. But their policies currently are preventing that from happening. And they go against the very rules that China agreed to follow. Being able to manufacture advanced batteries and hybrid cars in America is too important for us to stand by and do nothing. We’ve got to take control of our energy future, and we can’t let that energy industry take root in some other country because they were allowed to break the rules. So our administration will bring this case against China today, and we will keep working every single day to give American workers and American businesses a fair shot in the global economy. We’re going to make sure that this isn’t a country that’s just known for what we consume. America needs to get back to doing what it’s always done best — a country that builds and sells products all over the world that are stamped with the proud words: “Made in America.” That’s how we create good, middle-class jobs at home, and that’s how we’re going to create an economy that’s built to last. This isn’t your usual trade complaint to the W.T.O., because at the moment China produces over 95 percent of the world’s rare earth minerals. And they’re showing more and more reluctance to sell any of it on the world market. Their reason is they want to use the rare earths “internally,” by which they mean grabbing more market share for the refined products rather than the raw ore. The U.S. and Europe want a free-market approach. But it’s tough to argue with a monopoly. When you control all but 3 or 4 percent of a worldwide commodity, the market pretty much has to dance to your tune. But most of the news reports on this growing trade war (as well as President Obama, the other day) don’t mention a crucial fact: this monopoly may not be around for very much longer. I first wrote about this, optimistically , about a year and a half ago. Back then, a mining company was making plans to reopen a mine in Mountain Pass, Calif. One mine may not sound like such a big deal, but it is. Back then, I pointed out: And although it’s hard to believe when you see the place today, the Mountain Pass rare earth mine was the world’s largest supplier of rare earth elements, from the 1960s to the 1980s. You can see, by looking at a chart of worldwide rare earth production , that they even named the “era” for the Mountain Pass mine. At one point, Mountain Pass was producing 70 percent of the world’s supply of rare earths. … I don’t want to sound too alarmist over the situation, though. China didn’t rise to worldwide dominance in rare earths by nefarious design, but rather because they got lucky, in a way. They were already mining iron ore at a mine called Bayan Obo, and discovered that the byproducts of this mining were rich in rare earths. This made it a lot cheaper for them to produce the elements than anyone else in the world. … But China’s not blameless in this situation, either. They have shown not only a willingness to cut back dramatically on the rare earth ore they supply to the world, but also a recent willingness to cut it off entirely , when they feel like it. Japan just found this out. Japan and China were in an international disagreement about an incident which happened out at sea, and the Japanese government was holding a Chinese fishing ship captain in custody as a result. And — completely coincidentally , as China tells it — all shipments of rare earths to Japan from China ceased. Japan buckled, and sent the captain home to China. During this period (this all happened in the past three months), rare earth shipments to America were also briefly interrupted. Unless this whole incident was complete coincidence (as the Chinese government insists), it shows China’s willingness to use the supply of a valuable commodity on the world market for its own diplomatic and geopolitical goals. The reason I wrote the article in November 2010 (when I should have been talking about Veterans’ Day) was that the mining company Molycorp had announced they were going to reopen the mine, use much “greener” processing (to avoid problems like radioactive mine tailings), and provide rare earths, they claimed, “at half the cost of the Chinese in 2012.” Since the subject is in the news again, and since it is now 2012, let’s see what progress they’ve made. Coincidentally, three weeks ago the company issued a press release , which (in part) says: Molycorp, Inc. today announced that the sequential start-up of the new Project Phoenix rare earth manufacturing facility at its flagship Mountain Pass, California operation will begin this week and includes the following operations and plants: Active mining at a full mine production rate of approximately 2,800 short tons of fresh rare earth ore per day has been underway for several weeks. Mechanical completion of the new Crushing Facility has been achieved and fresh ore is now being fed into the system. Mechanical completion of the initial Cracking Facility has been achieved, steam testing has been completed, and feedstock from stockpiled material has been fed into the system. Other operations in the Project Phoenix facility that will be brought online over the coming months include the following: milling and mineral extraction; expanded cracking; impurities removal; rare earth oxide separations; product finishing; and paste tailings processing and storage. “The launch of Project Phoenix’s sequential start-up is occurring well ahead of our April 1 deadline, and represents the accomplishment of a critical milestone in our project,” said Mark A. Smith, Molycorp President and Chief Executive Officer. “When this new manufacturing facility is complete and running at full capacity, it will be the most technologically advanced, energy efficient, and environmentally superior rare earth facility in the world.” That’s the good news. Even better is the news that they’re ahead of their own schedule and now claim they’ll put out close to 2,000 metric tons of rare earth oxide not by the end of this year but by the end of the third quarter. That isn’t all that far away. So the trade war on rare earth minerals with China may never become the threat that it previously could have presented to America’s economic and military security. Someone should tell the White House. That’s the sort of thing that would sound good in a presidential briefing. We’re not there yet, in terms of supplying our own production of the rare earths we need, but we’re getting closer. Get ready, get ready. Chris Weigant blogs at: Follow Chris on Twitter: @ChrisWeigant Become a fan of Chris on The Huffington Post  

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Pat Mitchell: What Is the Impact of All This Data?

March 19, 2012

March is a great time for zeroing in on the most important questions facing women worldwide. Between Women’s History Month and International Women’s Day , there is no shortage of convenings/conferences/conversations in which some of smartest women I know are contemplating the most complex challenges we face. I, for one, don’t know if I’ve ever been so busy. Last week, alone, I moderated five panels in five days! In any case, I’ll be sharing each day of this week an insight or a question that emerged from my conversations. Won’t you weigh in with your own thoughts? After all, we’re all living our way into the answers together. My first question is: What is the impact of all this data? Every year at this time, I end up with a foot high stack of reports on my desk—all of them representing the important work of analyzing the status of women in a variety of contexts. Apparently, every metric of our lives is of high interest to everyone from the World Bank to the White House to the World Economic Forum. Experts are analyzing and compiling. Advocates are making the business case for everything from educating girls to having women on corporate boards. And we’re discussing it all at panels, conferences, and summits. I’m left wondering—to what ends? By many indicators, women are doing quite well—our graduation rates are up, we’ve never controlled so much wealth, we’ve never been so entrepreneurial, and yet in some very fundamental ways, we’re still falling way behind. The wage and leadership gaps still exist in every sector. We actually have fewer women in political office. And if you look at the top tier of almost every profession, women are all but missing. Which just leaves me wondering—given that we’ve analyzed ourselves to death and made the business case for gender equality and women’s leadership till we’re all blue in the face—and exhausted from reading the reports…what do we do next? Stay tuned for tomorrow’s thoughts…  

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Dean Baker: Medicare Costs Too Much and They Better Not Cut It

March 19, 2012

There is an old story about two men in a retirement home. The first declares, “the food in this place is poison.” His friend agrees and adds, “and the portions are so small.” This exchange perfectly captures the Republican approach to Medicare. The Republicans, led by House Budget Committee Chairman Paul Ryan, have argued that Medicare threatens to bankrupt the country. They have pointed to cost projections showing the program more than doubling relative to the size of the economy over the next three decades. The Republicans say that the country cannot afford this expense and scream about huge debt burdens for our children. The Republicans’ concern might lead people to believe that they would support measures to contain Medicare costs. But if you thought that was the case, you would be wrong. The latest Republican crusade on Medicare is to eliminate the Independent Payment Advisory Board (IPAB), which was put in place as part of the health care reform bill passed two years ago. IPAB is empowered to impose a cap on Medicare spending if it grows too fast relative to the size of economy. The way it would reduce cost growth is by reducing or eliminating payments for medicines and procedures that have not been shown to be effective. The idea that Medicare would not pay for some medicines or procedures has Republicans in Congress screaming about “death panels” and “rationing.” It is fascinating how Republicans use these terms. These politicians, who like to portray themselves as lovers of free markets, are now claiming that it is rationing if the government will not pay for something. We have to keep our eye on the ball. No one is telling people that they can’t spend their own money on any medical care they like. The issue is simply what care Medicare will pay for. Under current law the IPAB may impose constraints that stop the government from paying for care that has not been shown to be effective. Only in some bizzaro world can this be called rationing. What’s striking is the Republican alternative. While they scream bloody murder over any effort to constrain costs in Medicare, their own plan is to simply end Medicare as we know it. The plan approved by the Republican House last year would end Medicare as a publicly run system. It would instead give beneficiaries a voucher that they could use to buy insurance in the private market. Under the Republican plan there is absolutely no guarantee that beneficiaries would be able to purchase plans that cover the services that IPAB might exclude from Medicare coverage. As anyone who has dealt with insurance knows, insurers have procedures they cover and those they don’t. In Republican terminology, each plan has its own “death panel” that decides what procedures are covered. Furthermore, the Congressional Budget Office (CBO), based on extensive experience with private sector insurers who already operate in the Medicare system through Medicare Advantage, projects that private insurers will hugely increase the cost of getting Medicare-equivalent policies. This is both due to the fact that private insurers have much higher administrative expenses than the public Medicare system and also that they are less effective in containing costs. Working off CBO projections, my colleague David Rosnick calculated that the Ryan plan would increase the cost of buying Medicare equivalent policies by $34 trillion (in 2011 dollars) over the program’s 75-year planning horizon. In short, if people are worried that IPAB is going to make some procedures unaffordable for some people, then they should want to run as far as possible from Representative Ryan and his fellow Republicans. Their plan will leave beneficiaries far less able to afford care than anything that the IPAB might do. When people look at these long-term projections of exploding health care costs there are two important factors they should keep in mind. First, costs in the United States are ridiculously out of line with the rest of the world. We spend more than twice as much per person on health care as the average in other wealthy countries even though we have little to show for it in the way of outcomes. If our health care costs were comparable to costs in Germany, Canada or anywhere else we would be looking at huge long-term budget surpluses , not deficits. This also suggests one simple way of controlling costs: Let Medicare beneficiaries buy into the health care systems of other countries, splitting the enormous savings with the government. If the Republicans really supported free markets, they would be all for that one. The other point worth noting is that health care cost growth actually has slowed hugely in the last two years. We can’t know whether this slowdown will continue, but if it does, IPAB will not have to do anything to meet its cost targets. We desperately need an overhaul of our health care system, which is a cesspool of inefficiency and corruption. However, in keeping with their desire for larger portions of poison, the Republicans want to dismantle Medicare, which is by far the most efficient part of the national health care system. Instead they want to hand over even more of our money to a badly broken private health care system.

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Jigar Bhatt: "We Are the 99 Percent" — The Unlikely Journey of a Revolutionary Slogan

March 19, 2012

She responded back with only a single line: “We say we are the 99%.” This was my 22-year-old niece’s response when I asked what people her age thought of the Occupy Wall Street protests two weeks after demonstrators had liberated Zuccotti Park in Manhattan’s financial district. I first visited Liberty Square in early October. By then, Occupy Wall Street had descended on Manhattan’s financial district and converted Zucotti Park, a non-descript, languid patch of concrete, into a lively center of debate and transformational democratic practice. But while the people’s kitchen, library, and command center were impressive, I was drawn to something more modest — protesters carrying signs reading “We are the 99%.” I couldn’t believe my eyes. Could it be, I asked myself? Could these activists and my niece’s generation be defining themselves in terms of rigorous quantitative analysis on inequality in top economics journals? Had economists’ empirical work weaved its way into the public lexicon, and that for a popular protest against neoliberal economic policies? Indeed it had, but in a way we wouldn’t necessarily expect and one that holds lessons for the relationship between social research, public discourse and economic policy. Well before the 99% had become a household statistic I had run into the work of Thomas Piketty and Emmanuel Saez in the Quarterly Journal of Economics and American Economic Review . As a student of political economy and inequality I had read my share of research on the widening gap between the rich and poor, not just in the United States, but across the world. But I was immediately impressed by the innovativeness in Piketty and Saez’s work. Economic work on inequality has been hampered by the challenge of data quality and availability. Most work on inequality is conducted using household surveys, which are not only criticized for their unreliability, but were also not widely available prior to the early 1960s. Also, inequality has largely been calculated and explained in terms of Gini coefficients. Gini coefficients measure the relative wealth held by fractions of a population, but the measures are abstract and unappealing to the general public. While it’s easy enough to understand that the higher the coefficient, the higher the income inequality, “0.47″ just doesn’t resonate like “the 99%” or “the 1%” does. Piketty and Saez transcended the usual economics research on inequality by doing two simple, yet remarkable, things. They overcame the historical data limitation by foregoing household surveys and relying on an alternative data source — income tax records. Income tax records in the United States go back to 1913, before the Great Depression. They stepped back from the Gini coefficient and reported the raw proportion of who held America’s income. Piketty and Saez broke down the share of United States’ income held over time by three distinct groups — the top ten, 5 and most importantly, 1 percent of wealthiest Americans. Their findings were striking. Not since 80 years ago, in 1928, one year before the Great Stock Market crash of 1929 and ensuing depression, had the top wealthiest 1 percent of Americans held so much of the country’s collective wealth. More importantly, the top 1 percent captured more of the country’s overall economic growth between 1993 and 2008 than the remaining 99 percent of the country combined. Economists are not known for their oratorical skills, but politicians are. While Piketty and Saez’s work was impressive, leading to Saez winning the American Economics Association’s most prestigious award, the John Bates Clark Medal , it was still very much contained to the world of economists. Bernard Sanders, the independent Senator from Vermont, changed all that. Furious at the Obama administration’s decision to backpedal on a campaign promise to repeal the 2003 Bush tax cuts for the wealthiest Americans, Bernard Sanders took to the Senate floor on December 10, 2010 to protest Obama’s decision to cut a deal with Republican Senators and extend Bush’s tax cuts for 2 more years. Sanders spoke for over 8 hours in what became known as “Filibernie,” a play on the Senate term for delaying action on a bill. Sanders, however, was not intent on filibustering to obstruct the tax cut extension. His main objective was to communicate that the budget deficit was already too high and the wealthiest Americans did not need a tax cut. The 1% had already disproportionately benefited from a regressive American tax policy. Filibernie was an immediate hit. The Twittersphere lit up; Sanders attracted 4,000 new followers. The livestream on his website was so overloaded that it became temporarily disabled . And why not? It’s not everyday that a U.S. Senator expresses the collective national frustration over inequality with statistics, charts, and graphs. Excerpts from Sander’s speech show him drawing a stark distinction between the 1 and 99% of the country: We cannot give tax breaks to the rich when we already have the most unequal distribution of income of any major country on Earth…The percentage of income going to the top 1 percent nearly tripled since the 1970s…The top 1 percent now owns more wealth than the bottom 90 percent. That is not the foundation of a democratic society…The fact is, 80 percent of all new income earned from 1980 to 2005 has gone to the top 1 percent. People should be mindful of this fact: The last time that type of income disparity took place was in 1928. I think we all know what happened in 1929. Although he doesn’t mention them by name, Sanders is taking these figures directly from the work of Piketty and Saez, as well as of Edward Wolff , an economist who has done important work on wealth inequality. The New York Times and other publications have erroneously attributed the 99-1% distinction to Joseph Stiglitz because of a popular article ” Of the 1%, by the 1%, for the 1% ” that he wrote for Vanity Fair . That article, however, was published in May 2011, half a year after Filibernie. Stiglitz’s work, like Sander’s speech, popularized the 99-1% split, but the distinction of having done this important work on inequality belongs to Piketty, Saez and Wolff. Sanders’ speech was a decisive moment in the discussion over inequality in the United States. Going where no Democrat or Republican would dare, the independent Sanders gave political legitimacy to an issue that was kryptonite to both Congressional chambers and the corporate owned mainstream media. Nonetheless, Sanders’ speech did not compel the public to identify themselves with income categories. This was the work of two New York based organizers who were vital to the early stages of the OWS movement. On August 23, 2011 Chris and Priscilla began publishing submissions from ordinary, hard-hit Americans on a Tumblr blog called We are the 99 Percent. Mother Jones interviewed the social media sensation’s founders who said they started the blog as a way to promote the OWS protest on September 17. The idea was to “Get a bunch of people to submit their pictures with a hand-written sign explaining how these harsh financial times have been affecting them, have them identify themselves as the ’99 percent,’ and then write ‘occupywallst.org’ at the end.” What started out as 5 entries burgeoned to more than 100 entries a day by early October. When asked why they felt it was connecting so strongly the organizers said, “Because we all have a story, and the conversation about social safety nets has been lessened to that of accounting and not the day-to-day realities” and “I think they want to let others know that they’re out there, that they exist, that their problems exist. That they’re not just some statistic compiled in a spreadsheet, that they’re real human beings with real human challenges. That they won’t be an abstraction. Specificity has great power.” As protesters chanted “We are the 99 percent” in marches across the country, “99 percent” and “1 percent” entered the popular lexicon. People began using the quantitative divide to refer to things that had nothing to do with income inequality. In the most peculiar adaptation, African leaders who supported Gadaffi said after his death “We are the 1 percent who are not celebrating.” OWS had gone global. The New York Times called the slogan a “national shorthand for disparity.” Democrats began referring to public projects as “for the 99 percent.” Those unabashedly proud of their disproportionately rising income, like the commodity traders at the Chicago Board of Trade, hung signs in their windows signaling that they were the “1 percent.” This, in fact, is the power of the “99-1 percent” distinction: it changes the frame of the debate. Even those who are the target end up referring to themselves in terms defined by the movement. The conservative establishment has framed the debate over public economics since Reagan declared that “government is the problem” in his 1981 inaugural address. It has been their centerpiece strategy for a “winner take all politics.” By framing economic success in terms of personal responsibility and safety nets as enlightenments, they cast any strategy for public investment or middle-class relief as socialist and un-American. As we saw most recently with President Obama’s 2012 State of the Union speech , the terms of that debate are changing. Obama struck a populist tone and while his specific tax policy or politics kept him from mentioning “99 percent,” he did nonetheless mention the “98 percent,” If you make under $250,000 a year, like 98 percent of American families, your taxes shouldn’t go up. You’re the ones struggling with rising costs and stagnant wages. You’re the ones who need relief. No statistic was called for. In times past Obama mentioned the $250,000 income cut-off, but did not cast it in proportional terms. Even multi-millionaire Mitt Romney, a member of the 0.1 percent (the highest income category employed by Piketty and Saez), campaigned in Florida using language of the Occupy movement “I know what it takes to make America the most attractive place for jobs again. I want to do that, not because I’m worried about the 1 percent. The 1 percent is doing fine. I want to help the 99 percent.” This is out of necessity, not compassion — 3 out of 5 Americans voters support federal policies to reduce income inequality. Until actual income inequality changes, the “99 percent” slogan will continue to be mobilized. Redefining the terms of debate has been the most the important contribution of Piketty, Saez and Wolff’s work and the OWS movement. After the early weeks of the OWS protest the “99 percent” signs burgeoned into buttons, stickers, t-shirts and whatever else you could fit a statistic onto. I began asking protesters at Liberty Square and Washington Square Park if they knew where “the 99 percent” came from. One man who was handing out “99%” buttons pulled out a sheet of paper with multiple graphs representing income inequality, corporate profits and executive bonuses on it. “Here!” he said. Others mentioned the “gross income inequality in our nation.” Everyone knew the “99-1 percent” divide represented income inequality, but no one mentioned Saez, Piketty, or Wolff by name, yet their work was on everyone’s lips. There are multiple lessons to be learned from this story. Social researchers, especially economists, need to do social science that matters. For too long economists have been smitten with formal mathematical models that were and are divorced from reality. The predictions based on these models failed and the public lost faith in “expertise.” Piketty, Saez, and Wolff shunned abstract and largely irrelevant models that dream away the world’s complexity. Instead, they opted for empirically grounded research on topics salient to the public. Still, not all empirical economists are cut from the same cloth. For at least a good decade economists were using data to ask questions about whether inequality was good or bad for growth. Corporate executives and governors are interested in growth. The public is interested in inequality. Rightly or wrongly, most of us are more concerned with matters like our colleagues’ raises and promotions rather than the quarterly growth rates of our states and countries (even if the latter matters to our standard of living). Making social science matter is about asking the right questions. While they didn’t ask for the 99-1 percent divide to become a protest platform, Piketty, Saez and Wolff approached questions on inequality in a progressive way. They reversed previous studies’ questions to show that the United States certainly experienced growth — but it was a kind of growth that was terrible for equity. Those same economists who favored abstract and irrelevant models helped create the notion of a distant and unconcerned “ivory tower.” Whether intentionally or inadvertently, each complex model and illegible proof was like a brick in a wall constructed between the university and the needs and concerns of the general public. Piketty, Saez and Wolff helped build a bridge that connected the university and public. For example, Emmanuel Saez made tax data used in his research downloadable in Excel and published a non-technical “Summary for the broader public” on his website. Numerous journalists and bloggers have accessed this material to broadcast the findings. We often are dissatisfied or grow impatient with social research. We find that most research goes unnoticed or unused. This is because we expect social research to mimic research in the natural sciences such as physics. But the two get used very differently. In the natural and physical sciences knowledge gets ‘translated’ from the scientific theory to the real world applications in a relatively straightforward way. For example, theories in quantum physics inform applied research in molecular reactions which then gets translated into CAT scanning technology. Social research, on the other hand, gets “diffused” throughout society, usually in an unsystematic way. Researchers produce the knowledge that then gets disseminated through journals and conferences. Interest groups, politicians, and organizers might then filter the research and use it for varying purposes, often in ways the researchers never intended. In many cases, social research never gets used. When it does, it is usually because the political environment is ripe for action. That, of course, is outside the research’s control, which is why many findings seem to be like Frankenstein’s monster brought back to life. If we see tax policy changes in 2013, which is looking increasingly likely regardless of which party wins the presidential election, it will have been almost a decade after the early studies on inequality identifying the 99-1 percent split were published. Together, activists and researchers can be a powerful force for change. In fact, they need and rely on each other. What social researchers and scholars tried to do for years — bring rising inequality in the United States to the media and public’s attention — a ragtag group of activists did in weeks. Piketty, Saez, and Wolff’s research were limp statistics on a page until a pioneering politician and thousands of regular Americans gave them life. But the research results were there patiently waiting nonetheless. While individual stories on a Tumblr blog are powerful, so are national trends that affect millions. Stories must be framed to gain popular and political support. This is how social research supports social movements — by asking questions that matter and linking the intimate experience of one to the public trend of so many.

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Paul Abrams: Want to Lower Gas Prices to $3.00, Now? Tax the Oil Speculators, Now

March 19, 2012

“At a time, in short, when sacrifice is being asked of everyone… the American people are going to find it hard, as I do, to accept a situation in which a tiny handful of steel executives… could act with such utter contempt for the interests of 180 million Americans.” (John F Kennedy, opening remarks on the “Steel Crisis”, 1962) A month ago, I reminded everyone that ExxonMobil’s CEO, Rex Tillerson, told Senator Maria Cantwell (D-WA) at a Senate Commerce Committee hearing that the oil would be about $60-70/barrel if the speculators in oil futures were not driving up the price. (See the linked article for the testimony, and the link to the hearing itself). A few days ago, former Labor Secretary Robert Reich picked up the same theme , pointing out that the oil speculators had gone to court to get a stay against regulating their activities. That is, Wall Street is playing hardball, driving more and more of your money into their pockets. Every time a Honda Civic owner fills his tank, he hands $7.30 to Wall Street. A Ford Explorer driver is even more “generous” — she provides them with a cool $10.41. One should also note that these higher prices, caused by speculators, play right into the hands of Russian “President” Vladimir Putin who benefits from the high oil prices, and Iran itself. Has anyone ever wondered why Iran keeps announcing its nuclear progress to the world, or threatens the Straight of Hormuz — every time it does, the price of oil is driven higher by speculators even in the face of higher supplies and weak demand. Secretary Reich reminds us that, historically, 30 percent of oil futures’ trades were conducted by speculators — today, that number is 64 percent, and it is a relatively small group of traders. There is a long history in the U.S. of taxing “bad” things — e.g., cigarettes and alcohol — so that society can recover some of the costs of the consequences of those indulgences, and with an intent to reduce their use. To stop Wall Street from playing hardball with your hard-earned money, we should enact a 70 percent tax on profits from oil speculator transactions. Note, this is not a tax on oil itself or even on oil companies. It is a tax on speculative profits made on Wall Street trading desks. Those participants — e.g., oil companies themselves, airlines, and so forth — who have a legitimate interest in hedging the prices they receive or pay for oil should be exempt. But, the speculators should be taxed, and taxed at a high rate. The tax would reduce the net returns, but not the risk, of oil speculation and thus would lead to a reduction of the speculation-driven high prices for oil, and gasoline. Instead of the money going into the speculators’ coffers, families could use it to buy needed goods and services and spur economic growth. To make the tax even more politically achievable, all the revenues should be dedicated to debt reduction. The President and Democratic Congressional leaders should propose this… now. This is a winning issue — for the American people, for the economy, and for the President and Democrats. The fight itself exposes the real causes of the high and rising gas prices, and will put into stark relief the differences between those who are fighting to get prices down and those who attack the prices but not the real culprits. Let Republicans, if they dare, coddle the oil speculators… and serve Putin’s and Iran’s interests at the same time.

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Raymond J. Learsy: Obama Fulminates Over China’s Export Restrictions on Rare-Earths While Silent On OPEC’s Collusion

March 18, 2012

Rare-earth minerals are critical inputs in the manufacture of high-tech products ranging from computers/iPhones, hybrid cars and on to missles. More than 95 percent of the world’s rare-earths are produced in China. China in turn has instituted rigid export quotas, extensive taxes and export fees that have contributed to significant price surges of rare-earths in recent years. Acting in tandem with the European Union and Japan the president announced last week in Washington, “If China would simply let the market work on its own, we’d have no objections. But their policies currently are preventing that from happening…” Ironically the president’s concern’s about the workings of the market came almost in lockstep with a moment of vacuous hypocrisy, when the world’s top oil producers, preparing to meet in Kuwait, voiced concern that high oil prices could jeopardize a global economic recovery, as though Kuwait, seat of one of the leading OPEC practioners, and its fellow cabal adherents, could not have done much, much more to prevent oil prices from reaching their current extortionist levels. To make the markets more nervous yet, after extensive assurances that they stood ready to fill any gap caused by the Iranian oil embargo, the Saudis took the occasion to begin backtracking on their solidarity with oil embargo policies toward Iran, when Saudi officialdom announced their reluctance to stay the course: “We don’t want to replace Iranian oil and we never said we wanted to. We will step in and fill any gap if needed.” He probably should have added, “If prices remain high enough”. So on it goes. OPEC continues to practice its restraint of trade scot-free, with nary a word of condemnation given the influence of oil interests, the commodity exchanges, and our incredibly oblivious courts extending ‘sovereign immunity’ to OPEC’s national oil companies permitting them to collude shamelessly, ratcheting up oil prices to the enormous benefit of the oil companies who are reporting record breaking profits, at the staggering cost to the public at large in the price of gasoline, diesel and heating oil while placing the health of the economy in danger. Given President Obama’s sudden concern for letting the “market work on its own” perhaps it’s time that one revisits the efforts made during the Bush administration to pass NOPEC legislation which would have permitted the Justice Department and the Federal Trade Commission to sue OPEC under U.S. anti-trust laws. In 2007 the Senate (70-23) and the House (345-72) voted overwhelmingly for the NOPEC law permitting legal action against the national oil companies of the oil cartel. Not generally understood is OPEC’s ability to operate outside the law hiding behind our sovereign immunity shield in a way that the oil companies and oil interests have benefitted in the billions if not trillions over the years. (please see ” Oil: a Defining Moment for Our Political Class and the Press “). Were one to judge the merits of the bill by its detractors one needed only to have looked as far as the American Petroleum Institute, the trade association of the oil industry, and such Washington beltway think tanks as the Energy Policy Research Foundation whose director at the time, was quoted as saying, “Our friends in the Middle East understand we are just venting steam”. Most significantly was then President George W. Bush’s clear threat, given his ties to the oil industry and Saudi interests, to veto the legislation should it have landed on his desk. But that was then and now is now. In the near four years of President Obama’s administration virtually nothing has been done to slow, nor reverse the steep escalation of oil, and in turn gasoline prices. Almost from the inception of his administration the price of oil ballooned from $33/barrel in February 2009 to over $105/bbl today. Certainly refocusing government’s attention on a NOPEC law might have helped enormously to restrain prices. Given the government’s silence on this issue, its general lack of initiative on matters directly impacting oil prices be it OPEC or commodity speculation, one begins to wonder if on issues oil and its price, whether President Obama has become an acolyte of President George W. Bush. If restraint of trade in matters relating to China’s control and manipulation of the rare-earths market is of current and pressing concern, then focus on the OPEC oil cartel and its impact on the price of oil and gasoline, on our economy and national security is long past due, certainly and at the very least by the number of years that this administration has been in office. It is well past time that our government acts on behalf of the national interest rather the moneyed influence of the oil companies and their allies.

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Karen Luniw: Skepticism: Helping or Hindering?

March 18, 2012

Healthy skepticism is a good thing but what if we could actually reframe it and call it ‘awareness’ instead? Here’s why, the definition of skepticism has a negative bent to it — ‘an attitude of doubt or a disposition to incredulity either in general or toward a particular object.’ See, we’re already starting out with a filter of doubt and given the way the mind works — if we’re expecting something to not be true — our subconscious mind will automatically look for evidence of our focus. The definition of awareness on the other hand is more open ‘having or showing realization, perception, or knowledge’. What if we could actually start to acknowledge what our senses are perceiving? Some people call this our intuition and some may call it our gut-feelings. The fact is that our subconscious mind is processing about 400 billion bytes of information per second — which is a lot of information! Our conscious mind — where we live day in, day out, and where we’re so smart all day long — processes about 2000 bytes per second. Our conscious mind — the thoughts and actions we’re aware of — can process only 0.5 percent of what our subconscious mind can process. Wow! Is it safe to say that we’re missing out on a ton of information? (Hint: Say yes!) Now, of course, we don’t actually need to consciously access all that information but we can start to open up ourselves to being aware of what is most important for us to thrive. The thing is, when we’re being skeptical and coming at something from a feeling of doubt, our conscious mind will only receive that information that aligns with what we might be doubtful of. Hmm, okay, that might be hard to envision so here’s an example. Let’s use an example that many of you may have bumped up against with your friends or family when it comes to talking about Attraction Principles. Perhaps you, personally, have moved past the state of skepticism, or actually never experienced it around Attraction Principles, you have a state of awareness of how this principle shows up in your life. And, because you have this awareness and focus — your subconscious mind will find evidence to prove your right. Now, when you try to talk to friends and family that are skeptical and doubtful of Attraction Principles because they have this focus — their subconscious mind will find evidence to prove them right. It’s like Ford said — If you think you can or you think you can’t — you’re right. The act of skepticism is already concluding there is something to be doubtful of and when you conclude something, you lock it into place. What I’ve become aware of is that people who are skeptical and live with what I call the Trinity of Trouble — fear, doubt and worry operating in their life constantly, have a really hard time creating what they truly want in their life. They’ll try something once or twice and when it doesn’t work — throw their hands up in the air and say this stuff doesn’t work. How do you get past that? How do you start to move out of skepticism, fear, doubt and worry? 1- First, stop giving a damn so much about what other people think. While this might surprise you, I have to tell you that this is the biggest hindrance and I really do mean THE BIGGEST(!!) hindrance to people living the life of their dreams. 2- Start asking ‘What if…?’ or even better ‘What else is possible?’ These two things will start to shift you out of the Trinity of Trouble and start to open up your awareness. What if you could just be aware of what was going on around you without judging it to be right or wrong? Look, I want you to ask questions about everything but from a point of view with no judgment. What if you could actually acknowledge your intuition as being valid? We all have it but most don’t know it. Instead of passing something off as a coincidence — next time, pat yourself on the back for having been aware of it ahead of time. Cheers.

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Dave Johnson: The So-Called "JOBS Act": Crowd-funding Good, Deregulation Bad

March 17, 2012

The Senate is considering the House-passed, typically-misnamed “JOBS Act.” This act dramatically cuts regulations and disclosure requirements for companies that want to sell stock. As written it opens the door to the usual scammers, fleecers and fraudsters that feast on deregulation. But I think with some core limits and protections this concept — not this bill, but this concept — could transform our economy in some very good ways. The So-Called JOBS Act The word “jobs” in the name of the bill does not mean the kind of jobs that millions of people are currently desperate for, it means “Jumpstart Our Business Startups.” The bill makes it easier for companies to “go public” — sell stock to the public for the first time. It lets these businesses sidestep certain additional auditing procedures for up to five years. It opens up “crowd-funding” — letting companies raise up to $2 million from investors online, while cutting out much of the usual disclosure process that companies now have to go through. Gatekeepers — Good and Bad If you are going to start a business you have to raise capital. This can be money you save up or borrow, but a serious business requires a serious investment. Please don’t start a business without a careful process of thinking through the first two years of operation and having way more than enough money available to get you through that period! This means that no matter what the business is, you are probably going to need at least a few hundred thousand dollars. Most people don’t have that available, which means you are going to have to go out and raise it. Currently it is very difficult for small businesses to raise capital. The usual path is to go find a wealthy “angel” investor or a group of wealthy investors like a venture capitalist firm. If you have a bigger business and are ready to “go public” you typically have to partner with a Wall Street-style firm to guide you through the process. Selling stock is heavily regulated — for very, very, very good reasons — and the regulations make it very, very expensive to go public. On the one hand, having to raise money usually means your plans will be tested and challenged, which is a good thing. It is a terrible mistake to start a business without going through the planning process and thinking through what you are getting into. A failing business takes a terrible toll on the wealth and health of the participants. On the other hand, because of the way things are currently structured businesses are largely dependent on the already-wealthy to raise capital, and the already-wealthy can demand a lot in return, because the current regulatory structure means they can. And all of this means that the not-already-wealthy do not have the opportunity to participate in these early-stage investments. The way things are today, it takes a whole lot of money to make money. It doesn’t have to be this difficult. Crowd-funding “Crowd-funding” is a term used to describe the way the Internet has enabled the raising of large amounts of money quickly from lots and lots of small donors – the crowd. Regular people all across the country can hear from candidates, non-profits, etc., and decide to donate. When lots of people get involved very large amounts can be raised. Howard Dean’s Presidential campaign publicized the concept. The Internet enabled Dean to quickly raise millions of dollars in small amounts from lots and lots of people. During President Obama’s campaign he famously raised $1 million in one minute through Internet crowd-funding. Applying crowd-funding to the process of raising capital for small companies could transform our economy by democratizing the process. It can move the gatekeepers for the already-wealthy out of the way, and open up early-stage investment opportunities to participation by regular people. A small company could raise a million dollars in increments of $100 or even $10, and lots of people can share in the gains if the business is successful. Online investment pools could examine and rate business plans for small, local businesses, and raise the money they need. Or a tech startup can raise enough “seed money” to get going, and be in a position to negotiate much better deals with venture firms when the time comes to raise much more. The small-amount investors could then be in a position to do quite well as the company grows. And regular people — people who don’t already have tens of millions in the bank — can participate in the process and share in the gains — and, it must always be noted, the losses. But this can only succeed if regular people are protected from the fleecers and fraudsters and scammers. Opportunities for Fleecing and Fraud There is a reason for the burdensome regulations that protect investors. Those regulations were proven necessary because fraudsters would set up scam investments and whip up excitement, causing unsophisticated people to lose their life savings. This has happened again and again. Even with the current regulations how many people lost out during the “Tech Bubble” when a company needed only to add “dot com” to its name and its stock would soar? SEC Chairman Mary L. Schapiro warns ,”Too often, investors are the target of fraudulent schemes disguised as investment opportunities.” As written, the JOBS Act only removes protections against fraud, without adding any protections for regular people. The AFL-CIO has issued this statement, The Jobs Act–A Cynical and Dangerous Return to the Politics of Financial Deregulation , Workers’ retirement savings will be in greater risk of fraud and speculation if securities market deregulation once again is railroaded through Congress. Once again our economy will be at risk from the folly of policymakers promoting financial bubbles and ignoring the needs of the real economy. The AFL-CIO calls on Congress to set aside the politics of the 1%, the old game of special favors for Wall Street, and turn to the business of real job creation. The labor movement strongly opposes the JOBS Act and any other effort to weaken the Dodd-Frank Act. We support the efforts of Senate Democrats such as Jack Reed, Carl Levin, and Mary Landrieu to amend the “JOBS Act” to lessen the harm it does to investors, pension funds and the U.S. economy. Jesse Eisinger, writing at ProPublica in Congress’s Genius Jobs Plan–for Fraudsters, Shills, and Wall St. Analysts , makes the case John Coffee, a Columbia Law professor, has hailed the bill as “the boiler room legalization act.” And rightly so. Boiler room operations were one of the unsung job creators of the 1990s, producing some of America’s greatest penny stocks and boom times for yacht makers and coke dealers. … Taking advantage of the revolutionary possibilities of the Internet, the bill loosens decades-old investor protections so that companies can directly advertise to those who would like to be separated from their money. It does that by giving broad exemptions for start-ups that want to “crowdfund” by raising small amounts of money over the Internet. I.P.O. pitches next to “Lose Your Belly!” ads. Sounds like a great idea! Nigeria shouldn’t be the only country to benefit from the web. Right here in America, the elderly are increasingly attractive to a variety of entrepreneurial spirits. If JOBS becomes the law, such innovators could flourish. Other provisions in the JOBS Act allow companies to solicit investors, with advertising, etc. This is a mistake. Fixing the Bill Crowd-funding is enabled by new technologies, and should be explored for democratizing and expanding investment opportunities. If done right this is an opportunity to enable companies to bypass the gatekeepers-of-wealth, and regular people to participate in a democratic investment economy. But it has to be done right, with adequate protections in place from the start. The legislation has to limit what people can lose and ensure sufficient transparency, to make sure an investment is real and viable and is not a scam designed to take off with the cash. There is a Reed-Landrieu-Levin amendment that addresses many of the concerns in the bill. According to the Consumer Federation of America , among other protections it, … limits the companies that would qualify as “emerging companies” to those with less than $250 million in gross revenue and by eliminating the House bill’s exemptions from accounting rules, say-on-pay and golden parachute vote requirements, and executive compensation disclosures. And it provides somewhat greater protection than the House bill against a resurgence in the kind of abusive securities analyst practices that fueled the tech stock bubble and bust. … It includes stronger pro-investor provisions from the Senate Reg A bill, including requirements for audited financial statements, SEC authority to require up-front disclosure and periodic reporting, and a negligence-based litigation remedy. Importantly, it improves on that bill by limiting companies to raising $50 million through Regulation A offerings over three years, rather than once every 12 months, thus significantly reducing the risk that this provision will be used to evade public reporting requirements for larger companies. … takes important steps to minimize the potential for harm, in particular by requiring that crowd-funding be conducted through an appropriately regulated Internet portal and requiring offerings of all sizes to provide financial information to investors subject to regulatory requirements appropriate to the size of the offering. Also, Senators Scott Brown (R-MA), Jeff Merkley (D-OR) and Michael Bennet (D-CO), have introduced the bipartisan CROWDFUND Act (S. 2190). The CROWDFUND Act will: Allow entrepreneurs to raise up to $1 million per year through an SEC-registered crowd-funding portal. Free people to invest a percentage of their income. For investors with an income of less than $100,000, investments will be capped at the greater of $2,000 or 5 percent of income. For investors within an income of more than $100,000, investments will be capped at 10 percent up to $100,000. Require crowd-funding portals to provide investor protection, including investor education materials on the risks associated with small issuers and illiquidity. This looks to be right on the money to me. Limit how much can be raised. Limit how much people can invest (lose). Require the online portals to provide information and transparency. It is important that the House JOBS Act not pass as written . It is a scam-enabling bill that does what you would expect a Republican-written law to do. Namely, it would let the 1%ers fleece the 99% of whatever might remain in our bank accounts. But Internet-enabled crowd-funding of small and local businesses democratizes investment, and could transform our economy. Let’s open up the regulations to let this begin, on a very small scale at least for now, and with good protections that keep people from being conned out of their money. This post originally appeared at Campaign for America’s Future (CAF) at their Blog for OurFuture . I am a Fellow with CAF. Sign up here for the CAF daily summary .

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Rev. Seamus P. Finn, OMI: On St. Patrick’s Day, Protect The Irish

March 16, 2012

On the Feast of St. Patrick, there may be no better way to honor the patron of Ireland, who according to legend drove out snakes from the country, than by protecting the Irish people from bailing out a nonexistent reckless speculation bank. Anglo-Irish Bank (Anglo) financed some of Ireland’s worst property speculators for unsustainable golf courses, hotels and super markets and saddled the Irish people with a massive, unjust debt. At Jubilee USA Network we know a lot about unjust debts. Over the last 12 years, along with Jubilee partners in 50 countries, our faith-based and bipartisan coalition has won more than $100 billion in debt relief and financial reforms to benefit the world’s poorest. Developing nations have long struggled with large sovereign debts that divert needed funds from social services to repayment. As countries in the North now witness the global debt crisis spreading into their own economies, international financial institutions and banks have continued to respond with outdated and failed policies. Real people continue to shoulder the burden. In 2008, the Irish government guaranteed debts owed by Anglo to its creditors, but by 2010 it was clear that Anglo was unable to repay debts on its reckless financing. The Irish government negotiated a deal with the Central Bank of Ireland and the European Central Bank (ECB) for Anglo to receive funding to repay debts. Anglo didn’t have sufficient collateral, so the Irish Government created a “promissory note,” or an unconditional promise by the Government to cover the liability. Anglo failed, and it’s now a dead bank. The Irish people are being forced to pay off loans incurred by Anglo’s reckless lending and the government’s promissory note. If Ireland continues making repayments, the Irish will have paid some $61 billion to the European Central Bank by 2031. This is a staggering 30 percent of Ireland’s GDP. The government is scheduled to make a promissory note payment of $4.1 billion to the European Central Bank on March 31. While $4.1 billion could pay for funding the nation’s entire primary school system for a full year, it will instead be paid into the Central Bank, be deducted from its liabilities and, effectively, be destroyed. On St. Patrick’s Day, in solidarity with our Irish partners, we urge the Irish government to immediately stop payments and enter into negotiations with the European Central Bank to ensure that the debt is written down and the money can be invested in the welfare of the Irish people. Rev. Séamus Finn, OMI, is a Founder of the Jubilee USA Network and is the director of the Justice, Peace and Integrity of Creation Ministry of the Missionary Oblates of Mary Immaculate . Eric LeCompte is the director of the Jubilee USA Network. Jubilee USA Network is a coalition of 75 religious, policy, labor, relief, environmental and human rights organizations advocating for solutions to the international debt crises.

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Zaid Jilani: VIDEO: Superlobbyist Trent Lott Fumbles To Explain Why He’s Shilling for Scam Schools

March 16, 2012

Two weeks ago, America’s subprime schools — the for-profit college industry, many of whose members rip students off and demand that Uncle Sam pick up the tab for their shoddy education — held a conference in Washington, D.C. We were there. The association for these schools, America’s Private Sector Colleges and Universities (APSCU), brought in elite Democratic and Republican Party operatives to teach them how to intimidate candidates for federal office into supporting them. They also blamed the students themselves for mounting student debt. At one point during the conference, former Senate Minority Leader Trent Lott — now a major lobbyist for APSCU — explained how he won over senators one by one to the cause of these scam schools. After Lott’s presentation was over, I decided to confront him. I asked him to agree to a definition of conservatism where the ideology meant conservatives were for a smaller and more efficient government. He agreed. I then asked him how he can explain how he, as a conservative, is lobbying to dump billions of dollars into scam schools. Lott deflected and tried to defend the merits of a subprime education. We debated the issue back and forth until he approached his limousine-style car and driver. I asked him if he was willing to disclose what he was being paid by the industry. He grew flustered. “It’s a matter of public record,” he huffed. “Just check the record.” Watch it: I decided to take Lott’s advice and “check the record.” According to public disclosure documents, APSCU paid Lott’s firm $90,000 in 2011 for the services of both the former senator and former congressman John Breaux. It’s a relatively small price tag for selling out America’s students. This story is adapted from a post originally appearing on Republic Report .

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Steve Westly: It’s Time to Reconsider Energy Subsidies

March 16, 2012

Our country is in the midst of a great debate on how to reduce our national debt. This is an important discussion for all of us to have. As part of this conversation, we should carefully examine the subsidies for different forms of energy production — fossil fuels and renewables. All of us understand that the subsidy game can be a slippery slope, and it is important to set clear standards for when subsidies make sense and when they do not. As a rule, there are three things we should consider before putting subsidies in place: 1) Does the subsidy provide some overarching policy or economic benefit for the country? 2) Is this a new industry that truly needs help reaching scale or is the industry mature enough that it can stand on its own without subsidies? 3) How long do the subsidies really need to be in place? A strong case can be made for more alternative energy. It improves the environment and reduces our dependence on foreign oil. Alternative energy also creates jobs. According to The New York Times , between 1998 and 2007, U.S. green jobs grew at a rate of 9.1 percent , nearly two and a half times faster than economy-wide job growth. 30 years ago, solar had a 10-15 year payback in ideal conditions. Simply put, this industry would not have survived without government support. Since then, the cost of solar has been driven down through technological advances, while the cost of fossil fuels has risen. Due to the increased adoption of solar technology, costs are decreasing predictably at a rate of 15% to 18% a year. This is great news for consumers in countries like the U.S., which has been referred to as the “Saudi Arabia of Sunshine.” Today we are close to the point where solar is cost competitive with carbon fuels. When we reach this point, we should phase out solar incentives. This latter point is key because taxpayers should not be subsidizing any industry for the long term. Eventually every industry has to stand on its own two feet. Unfortunately, once offered, a subsidy is very hard to remove. Elected officials and corporate interests have too great an incentive to keep subsidies in place and the traditional democratic problem of concentrated benefits and disbursed costs takes hold. Despite the fact that oil and coal companies are among the most lucrative in the world, they continue to receive huge subsidies — much greater than those provided to emerging green industries. The top five American oil companies are projected to have earned $125-$144 billion in profits in 2011 alone. Governments around the world provided $557 billion in subsidies for fossil fuels but only $57 billion for renewable energy in 2009. Energy subsidies in the U.S. ran 3-to-1 in favor of fossil fuels (not including ethanol subsidies) between 2002 and 2008. Fossil fuel subsidies are even more egregious when one considers the environmental and health effects of oil and coal. Incentivizing cleaner sources of energy through subsidies is one method of taking this damage into account without hurting consumers. We need to realign our elaborate system of subsidies to better reflect our national security, environmental, and economic policy. As we come face to face with our need to end our dependence on foreign oil and reduce air pollution, we need to be honest about which subsidies provide real value and how quickly they can be phased out. Even alternative energy subsidies should not be long term because they entrench incumbents and stifle creativity and innovation. Fortunately, President Obama and Energy Secretary Steven Chu are taking a balanced approach to subsidies. The proposed FY 2013 Department of Energy budget eliminates $4 billion in fossil fuel subsidies and cuts research funding for onshore wind technology because it is “an established technology.” To keep America strong we need to cut our debt and put our financial house in order. Before we consider raising taxes or cutting education, it is high time we take a long, hard look at ending subsidies that have outlived their usefulness.

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Michelangelo Signorile: Will Comcast Make This The Last St. Patrick’s Day Parade To Exclude Gays?

March 16, 2012

It’s 2012, and in the state of New York gays and lesbians have full civil rights, including marriage equality. Moreover, gays are no longer banned in the U.S. military. But they are still banned from Fifth Avenue’s annual St. Patrick’s Day Parade in an embarrassing throwback for everyone involved. It’s frankly appalling that NBC, and now its parent company Comcast, still sells the broadcast rights (on its local affiliate, WNBC) to the intolerant bunch that runs the parade (in 2007 that amount was $300,000 ) and then helps the organizers sell advertising to major companies. More than that, one of NBC’s top executives, a man who aids the organizers in getting those ad dollars, was chosen as this year’s Grand Marshal. As David Mixner notes , most New York politicians who support equality won’t march in the parade because of this bigotry. Last year, the Irish Foreign Minister condemned the parade , and the President of Ireland declined an invitation to be Grand Marshal. But Francis X. Comerford, Chief Revenue Officer and President of Commercial Operations for the NBC Owned Television Stations, has no problem leading the parade as Grand Marshal. Groups like the Gay and Lesbian Alliance Against Defamation (GLAAD) have criticized NBC for its relationship with the parade since the early ’90s. Other groups have protested the parade annually, sometimes resulting in arrests, and this year the group Irish Queers will be demonstrating once again . For years it’s all been to no avail. But with Comcast now in charge after the controversial merger with NBC was finalized , 2012 could be the last year in which gays are excluded — or the last year in which NBC is involved in the parade. There are a few reasons for this. One of them has to do with the terms of the merger itself, in which Brian Roberts, chairman and CEO of Comcast, testified before the House Judiciary Committee, where he vowed to adhere to diversity in every aspect of the company’s business dealings. From the company’s own blog : Diversity: A few members of the Committee raised questions about diversity at Comcast (and NBCU). Brian reiterated the company’s commitment to promoting diversity in everything the company does. To me, as Comcast’s Chief Diversity Officer, this means, among other things, diversity in our workforce, in our programming lineup, in our supplier base, and in our community investments (philanthropy) — and having results we can be proud of. Furthermore, the actual approval letter from the FCC states that Comcast must adhere to diversity rules for seven years or the merger could be undone: Protecting Diversity, Localism, Broadcast and Other Public Interest Concerns. The Commission is also imposing conditions and accepting voluntary commitments concerning a numbers of other public interest issues, including diversity, localism, and broadcasting, among others. Sure, it’s debatable whether selling the broadcast rights to a parade that admittedly excludes a minority group violates the FCC’s diversity rules. But it’s certainly something that LGBT activists would argue, bringing a lot of attention to the issue. Comcast may not want that fight now. And that brings me to the other reasons. Comcast prides itself on its outreach to the gay, lesbian, bisexual, and transgender (LGBT) community. Just take a look at this page , where the company touts its 95-percent score on the Human Rights Campaign’s Corporate Equality Index and brags of programming that reaches out to LGBT people. Comcast also sponsors the annual GLAAD Media Awards and, as the company describes, “partners with various LGBT community centers across the country that provide a range of services for the LGBT community.” It’s a different time than when the Ancient Order of the Hibernians began excluding gays from the St. Patrick’s Day Parade in the early ’90s. Netroots activism gets things done very quickly today. HRC, in part responding to pressure from other activists, lowered Target’s and Best Buy’s CEI score after the retail chains gave money to a political action committee that backed an anti-gay candidate. GLAAD withdrew its support of the failed ATT/T-Mobile merger after grassroots activists mobilized on the Web and raised concerns. Already, GLAAD is calling for the parade to be dropped moving forward if gays are not included. “The idea that a group of LGBT people aren’t allowed to participate in a parade in the middle of New York City in the year 2012 is completely out of touch with a majority of Americans and it is frankly indefensible,” GLAAD spokesperson Herdon Graddick said in a statement. “GLAAD will be requesting to meet with WNBC to ensure that, if such discriminatory practices remain in place, the event isn’t one associated with such an important and inclusive media outlet that should represent the full diversity of New York City.” When LGBT activists have organized online and focused on companies that have supported homophobia — companies that pride themselves on being pro-gay — they’ve been enormously successful. Microsoft reversed course pronto in 2005 after it went neutral on a gay rights bill in the state of Washington, and that’s just one example. The truth is, most LGBT activists weren’t focused on the St. Patrick’s Day Parade all these years, with bigger fish to fry. But many are now looking at this as unfinished business — as I said, an embarrassment in a state where we now have marriage rights — and they are also seeing Comcast as a company that is very vulnerable. If Comcast doesn’t want a battle on its hands, a battle it will ultimately lose, after much PR erosion, it will make sure that March 18, 2012 is the beginning of the end of the ban on gays in the St. Patrick’s Day Parade.

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Beth Kobliner: How Young Is Too Young To Teach Kids About Money?

March 15, 2012

Moms have been asking me this age-old question for years. The short answer: start when your child is old enough to say, “Gimme!” The long answer: Research shows that kids as young as three years old can learn about money. If it’s hard to imagine your finger painting, peanut-butter eating little one calculating compound interest, fear not. Karen Holden, a professor at the University of Wisconsin-Madison, found that kids don’t need math skills to build good financial habits. They just need to understand basic, but critical, concepts like waiting, making choices and developing values. In fact, this idea was a starting point for Sesame Street’s ” For Me, for You, for Later ,” a financial education initiative entirely for preschool-age kids and for which Karen and I were advisors. I even got to star in the videos with Elmo! Moms aren’t the only ones who ask me how early to start teaching kids about money. Recently, I was tasked to answer this question by a very important dad: President Obama. As a member of the President’s Advisory Council on Financial Capability, I’m developing an initiative for families called “Money Milestones,” a set of 20 simple, age-appropriate key concepts for kids aged three to 23-plus. Based on our draft, which is still in progress, here are the four milestones your 3 to 5-year-old should reach: You need money to buy things. To help your child achieve this milestone, try these activities: Identify coins and their value. Discuss how you may value something that is free, such as playing with a friend. Identify items that cost money, such as ice cream, gas for the car, or clothes. You earn money by working. To help your child achieve this milestone, try these activities: Describe your job to your child. Walk through your neighborhood or town and point out people working, like the bus driver or the police officer. Explain that some people start their own businesses, like clothing stores or restaurants, and those people are called entrepreneurs. Encourage your child to think about how he could earn money by setting up a lemonade or cookie stand. You may have to wait before you can buy something you want. To help your child achieve this milestone, try these activities: When your child is standing in line for a turn on the swings, or looking forward to her favorite holiday, point out that sometimes we have to wait for things we want. Find three jars (or cans) and label one for saving, one for spending and one for sharing. Suggest that your child put some of the money she gets into the saving jar, so she can buy a toy or treat when she has saved enough. There’s a difference between things you want and things you need. To help your child achieve this milestone, try these activities: When you are out shopping, point out essentials, like food and clothing, and ask your child to describe items that he may want but are optional. Talk about how your family decides what to buy and what to pass up. Which is more important: Buying cookies or fresh fruit? Soda or milk? Draw a circle and divide it into sections for food, rent or house payments, clothing and “optional items” to show that there is a finite amount of money to spend. Have you tried any of these activities with your kids? If you give it a try, report back! Beth Kobliner is a personal finance commentator and journalist, the author of the New York Times bestseller “Get a Financial Life: Personal Finance in Your Twenties and Thirties,” and a member of the President’s Advisory Council on Financial Capability. Visit her at bethkobliner.com , follow her on Twitter , and like her on Facebook . This post was originally published on Mint.com .

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Michael Pento: Global Slowdown Paves Way for QE III

March 14, 2012

Back in early 2011, I was one of the few economists to warn that global GDP growth would slow dramatically in the near future and that the emerging market economies would not be immune from that upcoming contraction. My prediction was based on the premise that the then incipient sovereign debt crisis in the developed world would cause the export-driven BRIC economies to stall. We now know that the Japanese economy is contracting, while Europe’s GDP is falling off a cliff. And just last week we received more concrete evidence that emerging market economies are starting to feel the pinch from the developed world’s debt crisis. Brazil cut interest rates by three fourths of a percentage point after reporting that their GDP growth during 2011 dropped to 2.7%, down from 7.5% in the prior year. China lowered their GDP forecast to 7.5% in 2012, from the reported 9.2% in 2011. The Indian economy grew at its slowest pace in more than two years at the end of 2011, as high inflation and Euro-zone insolvency put downward pressure on the economy. Russia’s GDP grew by 4.2% in 2011 , and is predicted by S&P to drop down to 3.5% this year. And the United Nations predicts that global GDP will only increase by a paltry 0.5% in all of 2012. The McDonald’s corporation corroborated the global slowdown in growth when they announced their earnings report for Q4 last week . The company missed their fourth quarter revenue target and warned about its Q1 operating income due to, according to the company’s press release, “…commodity and labor cost pressures, particularly in the U.S.” But the company also noted that the main cause of their revenue shortfall for their last quarter was a sharp falloff in sales from Europe, Asia, the Middle East and Africa. Can it really be any wonder why this is occurring? Moronic central bankers across the globe persist in believing that economic prosperity can be brought about by printing more money. They also cling to the specious argument that inflation can’t occur when growth is anemic. That gives them plenty of impetus to step up their monetary madness; even in the face of rising prices. But in reality, all you end up getting is a serious dose of global stagflation, which only continues to increase in intensity. It is my view that the worldwide slowdown in GDP will cause further iterations of QE to occur within two quarters, not only in the U.S. but around the world. However, since these rounds of quantitative counterfeiting resemble birth pangs in nature — in that they are occurring more frequently and with greater intensity — I anticipate the rate of inflation to increase rapidly across the globe during 2012. As such, I would continue to avoid consumer discretionary stocks and increase your exposure to precious metals and oil investments on any pullbacks. Michael Pento is the President of Pento Portfolio Strategies

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