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Janet Tavakoli: MF Global: JPMorgan Produces Smoking Gun

April 3, 2012

When New York-based MF Global collapsed on October 31, 2011, its $41 billion in assets made it the eighth largest bankruptcy in U.S. history and the biggest financial firm to implode since Lehman in September 2008. Then Chairman and CEO Jon Corzine is connected to the head of one of his key regulators, the Commodity Futures Trading Commission (CFTC), through his former protégé at Goldman Sachs, Gary Gensler. He also knows the Fed’s William Dudley, a key member of the Fed’s Open Market Committee, from their days at Goldman Sachs. The Fed approved MF Global’s status as a primary dealer, a participant in the Fed’s Open Market Operations, less than one year after Jon Corzine took its helm. Corzine is also a former New Jersey governor, a former New Jersey U.S. senator and was a major campaign contribution bundler for President Obama. MF Global failed because of a disastrous leveraged bet on weaker European sovereign debt made by Jon Corzine. The problem wasn’t that the debt defaulted, rather that he didn’t have the money to throw in the pot when it was his turn to ante up. The firm filed for bankruptcy protection Oct. 31 after dipping into customer accounts. Around $1.6 billion of customers’ money is still missing. Probable Shortfalls of Customer Money Throughout 2011 MF Global reportedly employed 30:1 leverage — some reports are higher — against a portfolio of European sovereign risks including Belgium, Italy, Spain, Portugal, and Ireland. According to Bloomberg News, Corzine’s position on these sovereign trades was a gross position of around $11.5 billion , and the risk was only partially offset by short positions in stronger European credits. MF Global’s March 2011 report showed a net position, including offsets, was around $6.3 billion. According to Bloomberg’s information from an unidentified source: “At multiple meetings, Corzine reassured directors that the trades would work out… Corzine said the European countries he selected wouldn’t default before the bonds matured, and that the market was mis-pricing the debt.” (” Corzine Pushed Bet on Europe Debt to $11.5B ,” by Miles Weiss, Cristina Alesci and Matt Leising, Bloomberg News, Nov 28, 2011.) The accounting board, FASB, allowed Jon Corzine to characterize his trade as a “repo-to-maturity.” The problem with that is repo transactions are on balance sheets, and Jon Corzine’s trade was an off balance sheet transaction. In substance Corzine’s trade was a “total return swap-to-maturity,” a funding that includes a type of credit derivative, and Corzines trade received the off balance sheet accounting treatment of the total-return-swap-to-maturity. It allowed Jon Corzine to make a highly leveraged bet on fixed income securities that were going down in value and it allowed him to make that bet off balance sheet. In 2011, this trade was moving against Corzine. His reassurances to the board were empty, because his chief problem wasn’t default, it was not being able to come up with the cash to meet margin calls with his trading partners on this large leveraged bet. MF Global would have had several trading days in 2011 with moves of 5 percent to 10 percent on this sovereign risk. MF Global was so thinly capitalized that this trade alone could eat up half of its capital. Any of MF Global’s other asset positions moving the same way in 2011′s highly correlated markets would have put MF Global in a position of negative equity. From a risk management point of view, examiners have to consider the very strong possibility that MF Global had several negative equity days throughout 2011. An investigation into money flows throughout 2011 is in order. August 2011: MF Global Agrees to a $90 million Settlement In early 2008, a rogue trader racked up $141.5 million in losses in unauthorized trades that exceeded his trading limits. It seems he accomplished this in under seven hours. In August 2011, MF Global and the underwriters of its 2007 initial public stock offering (IPO) agreed to pay around $90 million to settle claims by investors that they were misled about MF Global’s risk management prior to the rogue trader’s actions. Since 2008, MF Global’s financial condition has been nothing to brag about. Now the settlement is in jeopardy due to the bankruptcy. In August, customers started pulling billions of dollars out of their segregated accounts with MF Global. It was the biggest outflow of funds since January 2009. The bankruptcy trustee may claw back transfers of funds from MF Global as it was teetering, because it is likely that employees within MF Global were well aware of the problems and tipped off key customers. Also in August of 2011, FINRA seemed to catch on that MF Global’s transactions were riskier than it previously thought and asked for more capital against these trades. Investigators Examining Possibility of Illicit Transfers in August According to the New York Times , “investigators are now examining whether MF Global was getting away with illicit transfers as early as August.” The illicit transfers refer to the use of customer funds to make up for MF Global’s own shortfall of funds needed to meet its margin calls and other expenses. As noted previously, it would be reasonable for investigators to look at MF Global’s accounts even earlier in the year. (” A Romance With Risk That Brought On a Panic ,” by Azam Ahmed, Ben Protess, and Susanne Craig, NYTimes’ Dealbook , December 11, 2011.) Wednesday, Oct 26, and Thursday, Oct 27, 2011: “Substantial Deficit” in Customer Accounts Christine Serwinski, MF Global’s chief financial officer for North America, testified in last Wednesday’s congressional hearing that she was told on October 27 of a “substantial deficit” in customers’ accounts for October 26, the previous day. She was on vacation when she was informed of the shortfall and claims she was told the shortfall was only in the “cushion” that MF Global had in customer accounts. She claimed the deficit didn’t violate rules — which is implausible given other events of that week (see MF Global’s check kiting below). Obviously there was a huge problem at MF Global and this would have gone to the top of the house, to CEO Jon Corzine, in a firm that had any sort of reasonable corporate governance. Serwinski further testified that on October 30, she was told of a nearly $1 billion deficit in customer funds. Regulators weren’t told of deficits until October 30. The firm collapsed into bankruptcy on October 31. (” MF Global exec cites early worry on risk to funds ,” AP, March 27, 2012.) Thursday October 27: MF Global Breaks Custom of Wire Transfers and Writes Rubber Checks Instead Jon Corzine claims he didn’t know about improper transfers of customer funds and of shortfalls in customer accounts until October 30, yet on Thursday, October 27, four days before the bankruptcy and again on Friday, October 28, three days before its bankruptcy, dozens of MF Global customers asked for wire transfers when they closed accounts, and they didn’t get them. Instead, MF Global wrote paper checks, sent the checks via snail mail. The checks bounced, since customers received them after MF Global declared bankruptcy on Monday, October 31. (” Clients Raise Questions About MF Global Checks ,” NY Times Dealbook, April 1, 2012, by Azam Ahmed and Ben Protess, and ” MF Global and the Rubber Check ,” by Matthew Goldstein, Reuters, November 5, 2011.) October 28: Edith O’Brien writes of Corzine’s “Direct Instructions” to transfer $200 million By now every officer of MF Global should have been on red alert that MF Global was short of cash and was at risk of using customer funds to meet its daily needs, and this is prohibited. On the morning of Oct. 28, three days before MF Global’s bankruptcy, JPMorgan contacted MF Global about an overdraft in London. A Congressional memo circulated March 23, 2012, quoted an email from Vinay Mahajan, MF Global’s global treasurer. Vinay wrote JPMorgan was “holding up vital business in the U.S.” and called for funding “A.S.A.P.” Bloomberg News reported that on October 28, Edith O’Brien, an assistant treasurer for New York-based MF Global, wrote an email saying that a $200 million transfer of funds was “Per JC’s direct instructions.” It turns out that part of that money was customer money, and the transfer was impermissible. ( “MF Global’s Corzine Ordered Funds Moved to JPMorgan , Memo Says,” by Phil Mattingly and Silla Brush, Bloomberg News, March 23, 2012.) October 28′s Smoking Gun: JPMorgan Doesn’t Buy Corzine’s Story Jon Corzine testified before the Senate Agriculture Committee in December: “I never gave any instructions to misuse customer money, never intended to give any instructions or authority to misuse customer funds, and I find it very hard to understand how anyone could misconstrue what I’ve said as a way to misuse customer money.” But that isn’t the standard to which Corzine is held. If investigators can show he knew of the risk that customer money might be included in the $200 million transfer he ordered, Corzine faces potential legal liability. (” MF Global’s Corzine May be Liable if Customer Risk Known ,” By Linda Sandler and Phil Mattingly, Bloomberg News, Mar 25, 2012.) Money went from a U.S. customer account to a U.S. MF Global account, and then it was transferred to a UK account. Even those who wish to claim Corzine slipped through a dubious loophole in the UK are out of luck. The original impermissible transfer of money occurred from a U.S. customer account to a U.S. based MF Global account. In my opinion, Corzine knew or should have known there was a strong probability that customer funds would be transferred. As it happens, they were. On October 28, JPMorgan didn’t buy Corzine’s story, either. Having been a risk manager myself, I believe Barry Zubrow, JPMorgan’s chief risk officer, did exactly the right thing. He called Jon Corzine to get him to verify that the funds belonged to MF Global and that none of the money was customer money. Zubrow, an outsider, was well aware of the possibility that customer funds had been transferred. It’s implausible that Corzine wasn’t aware of the potential impermissible transfer of customer funds when he gave the authority to make the transfer. By doing its job, JPMorgan removed Corzine’s ability to credibly deny knowledge of the potential problem. October 28: JPMorgan Asked for Written Assurances and Didn’t Get Them According to the NY Times , Jon S. Corzine, the former chief executive of MF Global, was told during the brokerage firm’s final day of business that a crucial transfer of $175 million came from the firm’s own money, not from a customer account, according to an internal email. The email, sent by an executive in MF Global’s Chicago office, showed that the company had transferred $175 million to replenish an overdrawn account at JPMorgan Chase in London. The transfer, the email said, was a ‘House Wire,’ meaning that it came from the firm’s own money. The email, sent at 2:20 p.m. on Oct. 28 to Mr. Corzine and two of his assistants in New York, says the transfer came from a ‘nonseg’ account, industry speak for a noncustomer account. (” E-Mail to Corzine Said Transfer Was Not Customer Money ,” by Ben Protess and Asam Ahmed, NY Times Dealbook, March 25, 2012) The problem with the NY Times report is that the email never said that the original source of funds wasn’t from a customer account, and a ‘house wire’ just means an internal transfer of funds. The email only verifies that the money was eventually transferred from a ‘nonseg’ account. It doesn’t rule out that money was transferred from a customer account to an MF Global account, which as it happens — and the NY Times later reports within the same story — it was. The New York Times bolloxed up the title of this story, and even within the story it acknowledges: “But it is unclear whether someone at the commodities brokerage firm told Mr. Corzine the origins of the money during a phone call or in person.” To be clear, the email in no way exonerates Jon Corzine and it in no way proves that he was unaware that the original source of funds was from a customer account and that the transfer included customer money. The email only suggests that the eventual transfer to the UK was from a U.S.-based MF Global account. But MF Global was short of funds, and the money that seemingly magically appeared in its ‘nonseg’ account was first transferred from a customer account. According to his December Congressional testimony, Jon Corzine said he spoke with Ms. O’Brien, who confirmed that the transfer was proper. “I had explicit statements that we were using proper funds, both orally and in writing, to the best of my knowledge.” But “proper funds,” could just mean funds from a ‘nonseg’ account that gave the appearance of being proper. Corzine knew or should have known that MF Global’s U.S. account only had funds because customer money from a U.S. account had been transferred into it. Ms. O’Brien has asked for, but not yet been granted, immunity. Last week she invoked her Fifth Amendment rights at a Congressional hearing. As for JPMorgan, it asked Jon Corzine for a signed letter stating that the transfer was legitimate. He reportedly responded : “Send me the letter and we’ll have our people look at it.” It was disingenuous of Jon Corzine to pass JPMorgan’s letter to Edith O’Brien to sign given that it asked for a sign-off that all “past, present and future” transfers complied with the law. Ms. O’Brien would have been asked to take responsibility for all transfers without having the authority over them. Jon Corzine had the broad authority to sign the letter, but by passing it on, he effectively stalled. JPMorgan sent additional versions of this letter in response to MF Global’s requests for revisions, but JPMorgan never received a signed letter back. On October 31, 2011, MF Global Admitted to Impermissible Transfers MF Global’s officers admitted to federal regulators that before the collapse the firm diverted cash from customers’ accounts that were supposed to be segregated: MF Global Holdings LTD… violated requirements that it keep clients’ collateral separate from its own accounts… Craig Donohue, CME Group’s chief executive officer, said on a conference call with analysts today that MF Global isn’t in compliance with the rules of the exchange and the Commodity Futures Trading Commission. (” MF Global Probe May Involve Hundreds of Millions in Funds ,” Bloomberg News, November 1, 2011, by Silia Brush and Matthew Leising.) Yet on November 1, Kenneth Ziman, a lawyer for MF Global, relayed information from MF Global to U.S. Bankruptcy judge Martin Glenn in Manhattan: “To the best knowledge of management, there is no shortfall.” If that sounded like a cover-up, it was: According to a U.S. official, MF Global admitted to federal regulators early Monday [October 31, 2011] that money was missing from customer accounts. MF Global acknowledged a shortfall in a phone call amid mounting questions from regulators as they went through the firm’s books. (” MF Global’s Collapse Draws FBI Interest ,” by Devlin Barrett, Scott Patterson, and Mike Spector, Wall Street Journal , November 2, 2011.) The initial bankruptcy estimate was a shortfall of around $600 million. As of Monday November 21, MF Global’s liquidating trustee believed the shortfall may be as much as $1.2 billion and later estimates put the shortfall of customer money at $1.6 billion. MF Global Debacle Damages a Key Global Market Even if all of the money is eventually clawed back and recovered, this remains an impermissible act. Moreover, full recovery — even if it is possible — is not the same as restitution. People have been denied access to their money, and businesses and reputations have been tarnished. The futures market is a globally connected market and it is a key mechanism for farmers, metals miners, and metals fabricators (among others) to hedge their risk. Confidence in the futures market has been shaken. No one knows if their money is safe, but what is more disturbing is the appearance of crony capitalism once again giving favored treatment, lax regulation, and absent oversight to a crony capitalist that abused all of these perks to blow up a large financial firm and damage a key global market. So far, no one has been held accountable. On March 26, 2012 , I discussed these issues with Lauren Lyster on RTTV’s Capital Account :

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Tom Grasty: The Difference Between "Invention" and "Innovation"

April 3, 2012

Two and a half years ago, I co-founded Stroome, a collaborative online video editing and publishing platform and 2010 Knight News Challenge winner . From its inception, the site received a tremendous amount of attention. The New School, USC Annenberg, the Online News Association and, ultimately, the Knight Foundation all saw something interesting in what we were doing. We won awards; we were invited to present at conferences; we were written about in the trades and featured in more than 150 blogs . Yet despite all the accolades, not once did the word “invention” creep in. “Innovation,” it turns out, was the word on everyone’s lips. Like so many up-and-coming entrepreneurs, I was under the impression that invention and innovation were one and the same. They aren’t. And, as I have discovered, the distinction is an important one. Recently, I was asked by Jason Nazar, founder of Docstoc and a big supporter of the L.A. entrepreneurial community, if I would help define the difference between the two. A short, three-minute video response can be found at the bottom of this post, but I thought I’d share some key takeaways with you here: INVENTION VS. INNOVATION: THE DIFFERENCE In its purest sense, invention can be defined as the creation of a product or introduction of a process for the first time. Innovation , on the other hand, occurs if someone improves on or makes a significant contribution to an existing product, process or service. Consider the microprocessor. Someone invented the microprocessor. But by itself, the microprocessor was nothing more than another piece on the circuit board. It’s what was done with that piece — the hundreds of thousands of products, processes and services that evolved from the invention of the microprocessor — that required innovation. STEVE JOBS: THE POSTER BOY OF INNOVATION If ever there were a poster child for innovation it would be former Apple CEO Steve Jobs. And when people talk about innovation, Jobs’ iPod is cited as an example of innovation at its best. But let’s take a step back for a minute. The iPod wasn’t the first portable music device (Sony popularized the “music anywhere, anytime” concept 22 years earlier with the Walkman); the iPod wasn’t the first device that put hundreds of songs in your pocket (dozens of manufacturers had MP3 devices on the market when the iPod was released in 2001); and Apple was actually late to the party when it came to providing an online music-sharing platform. (Napster, Grokster and Kazaa all preceded iTunes.) So, given those sobering facts, is the iPod’s distinction as a defining example of innovation warranted? Absolutely. What made the iPod and the music ecosystem it engendered innovative wasn’t that it was the first portable music device. It wasn’t that it was the first MP3 player. And it wasn’t that it was the first company to make thousands of songs immediately available to millions of users. What made Apple innovative was that it combined all of these elements — design, ergonomics and ease of use — in a single device, and then tied it directly into a platform that effortlessly kept that device updated with music. Apple invented nothing. Its innovation was creating an easy-to-use ecosystem that unified music discovery, delivery and device. And, in the process, they revolutionized the music industry. IBM: INNOVATION’S UGLY STEPCHILD Admittedly, when it comes to corporate culture, Apple and IBM are worlds apart. But Apple and IBM aren’t really as different as innovation’s poster boy would have had us believe. Truth is if it hadn’t been for one of IBM’s greatest innovations — the personal computer — there would have been no Apple. Jobs owes a lot to the introduction of the PC. And IBM was the company behind it. Ironically, the IBM PC didn’t contain any new inventions per se (see iPod example above). Under pressure to complete the project in less than 18 months, the team actually was under explicit instructions not to invent anything new. The goal of the first PC, code-named “Project Chess,” was to take off-the-shelf components and bring them together in a way that was user-friendly, inexpensive and powerful. And while the world’s first PC was an innovative product in the aggregate, the device they created — a portable device that put powerful computing in the hands of the people — was no less impactful than Henry Ford’s Model T, which reinvented the automobile industry by putting affordable transportation in the hands of the masses. INNOVATION ALONE IS NOT ENOUGH Given the choice to invent or innovate, most entrepreneurs would take the latter. Let’s face it, innovation is just sexier. Perhaps there are a few engineers at MIT who can name the members of “Project Chess.” Virtually everyone on the planet knows who Steve Jobs is. But innovation alone isn’t enough. Too often, companies focus on a technology instead of the customer’s problem . But in order to truly turn a great idea into a world-changing innovation, other factors must be taken into account. According to Venkatakrishnan Balasubramanian, a research analyst with Infosys Labs, the key to ensuring that innovation is successful is aligning your idea with the strategic objectives and business models of your organization. In a recent article that appeared in Innovation Management , he offered five considerations: 1. Competitive advantage: Your innovation should provide a unique competitive position for the enterprise in the marketplace. 2. Business alignment: The differentiating factors of your innovation should be conceptualized around the key strategic focus of the enterprise and its goals. 3. Customers: Knowing the customers who will benefit from your innovation is paramount. 4. Execution: Identifying resources, processes, risks, partners and suppliers and the ecosystem in the market for succeeding in the innovation is equally important. 5. Business value: Assessing the value (monetary, market size, etc.) of the innovation and how the idea will bring that value into the organization is a critical underlying factor in selecting which idea to pursue. Said another way, smart innovators frame their ideas to stress the ways in which a new concept is compatible with the existing market landscape, and their company’s place in that marketplace. This adherence to the “status quo” may sound completely antithetical to the concept of innovation. But an idea that requires too much change in an organization, or too much disruption to the marketplace, may never see the light of day. A FINAL THOUGHT While they tend to be lumped together, “invention” and “innovation” are not the same thing. There are distinctions between them, and those distinctions are important. So how do you know if you are inventing or innovating? Consider this analogy: If invention is a pebble tossed in the pond, innovation is the rippling effect that pebble causes. Someone has to toss the pebble. That’s the inventor. Someone has to recognize the ripple will eventually become a wave. That’s the entrepreneur. Entrepreneurs don’t stop at the water’s edge. They watch the ripples and spot the next big wave before it happens. And it’s the act of anticipating and riding that “next big wave” that drives the innovative nature in every entrepreneur. This article is the seventh of 10 video segments in which digital entrepreneur Tom Grasty talks about his experience building an Internet startup, and is part of a larger initiative sponsored by docstoc.videos, which features advice from small business owners who offer their views on how to launch a new business or grow your existing one altogether.

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Sen. Jeff Merkley: The Wild, Off the Mark Arguments Against the Volcker Rule

April 3, 2012

Big banks are formulating a host of arguments – wild, off the mark arguments – aimed at dismantling the Volcker Rule firewall between loan-making, customer-serving banks and high-risk hedge funds. That firewall is essential for a stable banking system. When hedge funds blow up, and they regularly do, one doesn’t want them taking out our loan-making system that is so vital to our families and businesses. MF Global, for example, blew up just a few months ago due to big bets on currency markets. But those bad bets didn’t damage our banking system, because MF Global wasn’t part of a bank. So why do big banks want to tear down the Volcker firewall ? Quite simply, hedge funds and similar trading buried in legitimate risk hedging and market-making are big business and, often, make big profits. Moreover, hedge funds inside banks have a competitive advantage by benefiting from government subsidies in the form of insured deposits and access to the Federal Reserve discount window. So what are the arguments the banks are making to attack the Volcker firewall? First they argue that the Volcker firewall will hurt retired teachers and cops by decreasing “liquidity” in markets, which is how easy or hard it is to buy or sell securities. They argue that any decrease in bank trading will make it harder for investors to buy or sell stocks and bonds, which they assert will increase the amount that investors will have to pay for transactions, thereby decreasing the profits for pension funds of retired teachers and cops. Wrong . First, the Volcker rule explicitly allows for “market-making” by bank brokers. Banks will continue to be able to serve investors by helping them make trades. Second, if additional trading is truly profitable without the support of the discount window and FDIC-insured deposits, such trading will take place outside of banks as it has for decades. Third, “liquidity” is not a holy grail. Being able to trade ever faster is not always an economic gain, either for investors or for the economy. High speed trading and computerized trading don’t add much to the economy, and they can do massive damage when things go awry. For these and other reasons, pension funds such as CalPERS, the nation’s biggest, support the Volcker Rule because they depend on a stable financial system free from boom and bust cycles. Moreover, they benefit by reducing the conflicts of interest that derives from massive hedge fund trading by multi-trillion dollar banking institutions. A second major line of attack that the banks have opened up on the Volcker firewall is it will raise gas prices even further. They even have a fancy study for their conclusion, financed by Morgan Stanley, where they argue that if a bank cannot make massive bets on the price of oil, then the price of gasoline will go up and 180,000 jobs will be lost. Wrong. The evidence points in the opposite direction. When big banks invest huge sums on the belief that oil markets are going up, it creates an artificial surge in demand that raises the price of oil. A recent Goldman Sachs report estimated that oil speculation increases the price of gasoline by about 56 cents per gallon. Even the chairman of Exxon-Mobil estimated that the true price of a barrel of oil based on supply and demand should be in the $60-70 range at the same time prices were over $100. A strong Volcker firewall, by getting the banks out of the commodities trading market, will reduce excessive speculation, creating a pathway to more stable prices. As Chairman Volcker has emphasized, U.S. markets worked well for sixty years under a much tougher Glass-Steagall separation of commercial banking from investment banking, including strong limits on bank participation in commodities. Similarly, the markets will work very well under the Volcker Rule’s modernized firewall. The big banks aren’t paying for phony studies, and shielding themselves behind teachers, cops, and drivers because they want to actually lower prices for anyone. Rather, they are doing it because the Volcker firewall will force them to give up the hedge fund-like trading that makes them billions of dollars in profits in good times, but billions of dollars in losses when things go south. When the bank’s hedge fund trading blows up the banks, it will deeply damage loan-making for families and business across America causing deep economic destruction. In short, and to paraphrase Warren Buffet’s comments, hedge funds inside banks are instruments of mass financial destruction. The sooner the Volcker firewall is implemented, the better for all of us.

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Annie Duke: Where’s the Free Lunch?

April 3, 2012

A lot of our decision making stems from the need to protect ourselves emotionally. It is really hard to admit when you made a mistake, that you might have done something wrong to lead you to a bad outcome. Accepting the possibility that you might be at least in part responsible for a bad outcome is hard. Just listen to any poker player after they lose a hand. “I got so unlucky.” If luck causes bad outcomes, then it is not our fault. We don’t need to examine our bad choices. And we protect our fragile psyche. Of course, in taking the route of short-run protection, we sacrifice the long-run upside to honest assessment of ourselves. Learning from mistakes is what makes us better decision makers and, ultimately, ensures better outcomes in the future. And nowhere is this more evident than in our assessment of others. Honesty assess your reaction to other people’s successes. We all know the phrase “failing upward.” When someone gets a promotion it seems we never allow that perhaps they earned it. The knee-jerk reaction is that they schmoozed the right people, that you deserved it more. Rarely do we allow that perhaps someone else might have actually done things better than you, deserved the job more. That you didn’t just get unlucky to not have the success of someone else. That they didn’t just get lucky to have succeeded. At the poker tables, this tendency is so clear. One of the most memorable moments in poker television is when Phil Hellmuth lost a hand in the World Series of Poker Main Event and then declared, “If it weren’t for luck I’d win every one.” Hellmuth was just saying out loud what pretty much every poker player thinks. If they lose a hand the other player got lucky. It is rare to see a poker player admit that perhaps they got outplayed, that their opponent is actually better than they are. When others have success, it emotionally protects us to attribute it to luck because then we don’t have to admit that maybe they are doing something better than we are. That would be hard. That might be honest. That might mean that maybe we aren’t as smart as we like to think we are. This dismissal of others’ successes to avoid cognitive dissonance might have short term psychological benefits but in the long run is disastrous because assessing and learning from others is generally free. At the poker table, if I get in a hand and make a mistake, I might lose my whole chip stack. There is a high cost to learning from your own missteps. But if I watch other people play and honestly assess what they do better than I do, I get that information at no cost because I get to watch them play hands that I am not in, where I am risking zero dollars. But I only get this no cost feedback if I am willing to honestly and properly assess my opponents’ actions. Business is no different than the poker table. Watching other people fail and, more important, watching other people succeed and learning from those success and failure is almost always free. But it is on you to not assume that every failure means the person played poorly or that every success means the person got lucky. Sometimes the best learning experiences come from understanding outcomes that have absolutely nothing to do with you because those don’t cost you anything. But if you dismiss a success as just luck then you are rejecting the free gift that comes with purchase. Yes, there is a free lunch. You just have to be willing to pay attention to when it is offered.

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Aaron Hurst: Working for a Good Company vs. Doing Good Work

April 3, 2012

Introduction: Based in London, Jenny Davis-Peccoud serves as the global leader of Bain & Company’s Social Impact Practice. Having spent most of her career at Bain, Jenny has been able to watch the evolution of the firm’s investment in social impact from the incubation and subsequent launch of Bridgespan in 2000 to the significant expansion of Bain’s own Social Impact practice and corresponding activities over the past 10+ years. Jenny and I spoke recently about Bain’s partnership with Bridgespan and Bain’s social impact investment strategy. With the 2000 spin-off of Bridgespan as an independent social change consultancy, what pro bono work does Bain continue to do? We’ve continued to do a lot of pro bono work and invest in major partnerships at Bain & Company. And we have a strong, collaborative relationship with Bridgespan, including ‘externships’ and shared partners. We believe as a firm in reinventing our industry. Our investment in Bridgespan was one way we did that – and it was created as a separate organization, as a nonprofit that understands what nonprofits need. But we also continue to invest in our own pro-bono work with organizations committed to driving change in their sectors. So, how much pro bono does Bain do each year? Bain does about 80 pro bono projects a year, and 60% of those projects have people 100% allocated for at least several months. We provided over $40 million of pro bono consulting services in 2011 alone. How do you know you’ve been successful in your pro bono engagements? Even for our corporate clients we systematically go back and ask if they were satisfied with Bain’s work. We use the same process with our pro bono clients as well, and see high satisfaction rates. Secondly, Bain tracks its success by results, and so we are driven to try to understand the impact and outcomes of our work. I’ve personally been involved in many homeless projects in the UK and we’ve had 5,000 homeless people return to full time employment over 10 years. If I’m a nonprofit leader interested in engaging Bain, how do I do that? We select our pro bono clients as we select our corporate clients. We look for bold, ambitious leaders who are looking to challenge the status quo, have big aspirations for major changes, and are keen to see results. As a firm, we work with Fortune 1000 companies and mid-market firms that have potential to be those leaders over time. To give you an example, in our education practice we work with TFA (Teach For America) – which is like the Fortune 100 of corporate America. But we also work with Students First, with a bold ambitious leader like Michelle Rhee, and it’s more like a start up. We believe both of them have tremendous capability. Beyond education, we’ve partnered with Endeavor, an innovative organization focused on using entrepreurship to effect change on a global scale. And these are just a few. Do they come in through a partner at the firm? Again like our corporate clients, we’re very intentional about who we want to work with and who has the most potential to make a tremendous impact in this field. While we do have organizations introduced to us through partner relationships, we still put them through the same screen of “will they have an impact?” We are drawn to organizations that are passionate about driving change in innovative, meaningful ways. What are you seeing in terms of the demands of current employees? It is very important for our staff to use their business training to benefit the community. While Bain’s focus is on for-profit clients, we encourage social impact and work to make sure that it can be an integral part of the Bain experience. Something very appealing to our people is that they can, for example, take leadership roles in nonprofit organizations early on in their careers through our pro bono work, or they can do externships to get hands-on experience with non-profits. Our employees are very proactive about their involvement as well. We provide a lot of opportunities to get involved, but it isn’t all top-down: much of what we do is ‘grassroots’ and driven by an individual’s passion. What roles does social impact play in the decisions of recruits? We’ve done some research on importance to employees of CSR and sustainability. About 20% will proactively make a decision on these things and will be involved when they’re here – so they are deciding where they want to get the best opportunity. The rest want to know that the company does these things and is making a difference in the world. Either way, we hope that recruits see that Bain is a place in which they can have impact in the social sector. Speaking of the 20% who want to personally engage, what are they looking for specifically? When we go out to business school campuses, we talk a lot about the various ways that people can get involved at Bain. The majority of people in the room are excited about pro bono and externships, and others want to get involved in our internal “green team” environmental efforts or work directly in the community. At Bain & Company, we provide many opportunities for our people to engage in the social impact work that they are passionate about while continuing to further their professional career in consulting. How do you see pro bono evolving globally? The US is clearly ahead, and that gets back to the historical anchoring of philanthropy in the American cultural mindset. Asia is quickly catching up. Europe is developing more slowly – with the London office as our most developed office in the region. All of our offices believe in the importance of social impact, however, and I’d expect our pro bono efforts to continue growing.

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Daniel Gulati: You, the Technologist

April 2, 2012

As the Internet has grown from 70 million users in 1997 to 2.2 billion , entrepreneurial companies with technology at their core have disrupted entire industries and threatened or eliminated incumbents. For example, Square, the new electronic payment service, has already upended a long-established financial ecosystem, with some arguing that it may even replace cash . In recent years, incumbents have fought back. A 2011 IBM study of over 3,000 CIOs revealed that CIO-CEO alignment is stronger than ever, with traditional companies aggressively investing in technology innovation. Big-box retailers, like Best Buy, now have large, fast growing e-commerce businesses. The New York Times and other traditional publishers are launching digital products tailored to the mobile web . Even the big banks are getting social . Yes, this is creating unprecedented demand for employees with serious technical chops. But as more traditional businesses are being run on software and a larger component of a company’s customer experience is being delivered online, everyone from marketing to general management needs to take notice. Studies confirm that technology skills will be crucial for future employment prospects. Engineer or not, the managers and employees who understand new consumer technologies and can create value by deploying software as a solution will be those most valued by organizations young and old. Firstly, entirely new categories of technology jobs are forming , creating exciting opportunities for today’s job seeker. A few years ago, community managers did not exist. Yet with 67% of surveyed brand managers planning to launch social media campaigns in the next 12 months, community managers are now amongst the most sought after marketing professionals. With the rise in new web-based applications, advertising products, and client-side software, user experience (UX) design is suddenly one of the nation’s fastest growing employment areas . Because these categories are so new, a drastic shortage of formally trained professionals exist to fill the roles available. This creates opportunities for the savvy job seeker in an adjacent field looking to switch into an in-demand technology role. Secondly, traditional roles are likely to have a larger technology component that will only increase over time. Marketers no longer live in an above-the-line world; instead, direct-response and pay-per-click advertising have entered the mix. Similarly, HR professionals who fail to harness the power of LinkedIn, Identified, and BranchOut may miss out on attracting star candidates. Nonmanagerial, nonconsumer-facing employees, such as data entry specialists, need to be well-versed in specific new technologies that relate to them. Even the most traditional of employees, the factory worker, must transform into a technologist or face extinction. As Adam Davidson recently argued , “Today, the computer moves the cutting tool and the operator needs to know how to talk to the computer.” In a world where everyone must become a technologist, how can we land an exciting technology job in an entirely new category — or simply become more technologically sophisticated in the way we approach our current, traditional roles? Here’s a five-step checklist to ensure you stay relevant: 1. Be an end user : The best way to understand new technologies is to use them. It would be difficult to truly grasp the power of Facebook fan page marketing without being both a Facebook user and a fan of brands yourself. Dedicate time on the job to tinkering with platforms that are highly relevant to your role. 2. Know the ROI : As the pace of technology innovation increases, the savvy professional will curate and invest in the platforms that matter. Different consumer technologies, like Twitter and Pinterest, have different use cases and entirely different customer acquisition economics. Therefore, a well-understood financial model is crucial if you’re arguing for a reallocation of company resources to support investments in new consumer technology platforms. Even internal collaboration tools, such as Basecamp, salesforce, and Sharepoint, should be subject to detailed business case and ROI analyses. 3. Demonstrate your knowledge : Do you know your SEO from your SEM ? New technologies are creating new vocabularies. This isn’t irrelevant jargon, but rather essential concepts you’ll need to successfully weave into your verbal and written arguments to land that new role or perform at a higher level in your existing role. 4. Learn technical skills : New companies and older institutions alike have recognized the structural mismatch between available technology jobs and worker skillsets. That’s why you can log onto Codecademy and learn programming for free, instantly. Universities are rapidly growing their engineering courses. Venture capitalists are creating software engineering academies in their own cities. There are now countless opportunities to learn what you don’t currently know and use these skills to your advantage in your new or current role. 5. Anticipate trends : With the age of device fragmentation, increasing smartphone and tablet penetration will usher in a post-PC era. Translating mega-trends like these to potential impacts your current professions, and then to the implications for your skillsets, is a powerful way to get ahead. Trends need not be domestic. As the cost of computing falls, overseas markets and entirely new customer sets are suddenly being propelled into relevancy. Anticipate international trends, too. What else can we do to position ourselves? Is your job or industry becoming more technologically focused? This post was originally published on HBR.org.

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Jamin Raskin: The Ghost of Lochner Sits on the Supreme Court and Haunts the Land

April 2, 2012

Philosophical “conservatism” on today’s Supreme Court has nothing to do with constitutional method. It does not mean that the Justices defer to Congress or the states. It does not mean respect for precedent or existing doctrine or the original meaning of constitutional language. All it means is that the five Justices who imposed Citizens United on our country find a way to line up with the political arguments being advanced on Fox News, by the Heritage Foundation and by the most right-wing forces in the Chamber of Commerce. This is a Court that isn’t just dominated by the politics of the Republican Party; this is a Court dominated by the politics of the Tea Party. What an embarrassment. The Supreme Court’s performance on the bench in the health care case last week is instructive. The remarkable thing is that everyone, including the conservatives, concede that the mammoth health care industry, which represents one-sixth of our national economy, substantially affects interstate commerce. This is all that needs to be shown under the 1995 U.S. v. Lopez decision, which found that Congress under the Commerce Clause can regulate the channels of interstate commerce, the things moving in interstate commerce, and any activity that has a “substantial effect” on interstate commerce. With 40 million uninsured people whose uncompensated health care costs the rest of us billions of dollars a year, it’s a simple case. This is why intellectually honest conservatives, like my first-year Contracts professor, Charles Fried, a serious conservative at Harvard Law School who was President Ronald Reagan’s Solicitor General, are declaring that the current constitutional attack on Obamacare is “just a canard that’s been invented by the tea party, and I was astonished to hear it coming out of the mouths of the people on the bench.” In truth, this has nothing to do with the Commerce Clause. What right-wing conservatives are saying now is that the individual insurance mandate (which they concocted at the Heritage Foundation and put into practice in Massachusetts under Governor Romney, all with the enthusiastic support of Newt Gingrich) goes “too far.” It threatens a “fundamental shift in the relationship between government and the individual.” It actually “makes people do something.” It forces people to “enter into a contract.” No, these “don’t tread on me” arguments have nothing to do with the Commerce Clause and everything to do with the revival of the 1905 Lochner v. New York decision. In Lochner , a similarly Right-leaning Supreme Court struck down a law regulating the working hours and condition of bakeshop employees in New York. The theory was that the Due Process Clause creates a sacrosanct invisible shield around business and employment contracts that cannot be pierced by economic and social legislation. For decades the Lochner Court proceeded to wipe out legislation regulating child labor, occupational safety, the right to organize, collective bargaining, and consumer rights, all in the name of protecting the Due Process freedom of contract. Justices would give the thumbs-up or thumbs-down depending on whether they felt a law had gone too far in regulating commercial activity. The Court’s self-appointment as a super-legislature reviewing the wisdom of laws affecting business provoked the famous political clash with President Roosevelt, who advanced a plan to change the composition of the Court. Although FDR did not succeed in changing the size of the Supreme Court, the Court did change its ways and abandon the radical doctrine that government could not regulate private contracts affecting employment and consumer rights. The ghost of Lochner is alive and well on the Roberts Court, which has been busily dismantling laws that stand in the way of total corporate freedom. Just last Term, Justice Breyer dissented sharply in Sorrell v. IMS Health, Inc. (2011), in which the conservatives invalidated on free speech grounds Vermont’s Prescription Confidentiality law, which provided that health insurance companies and pharmacies could not, without doctors’ consent, sell information to pharmaceutical companies about what drugs their patients were using and what illnesses they were facing. The majority ruled that this confidentiality protection violates the First Amendment rights of corporations involved in the buying and selling of patient information. Justice Breyer observed that the Court was using the First Amendment in the same way that the Lochner Court used Due Process: to strike down ordinary laws regulating economic life and business, shifting the locus of real power from the legislative branch to the judiciary. Justice Breyer, who has never been a Ralph Nader-style radical when it comes to consumer rights, admonished the Court for opening up a ‘Pandora’s Box’: Given the sheer quantity of regulatory initiatives that touch upon commercial messages, the Court’s vision of its reviewing task threatens to return us to a happily bygone era when judges scrutinized legislation for its interference with economic liberty. History shows that the power was much abused and resulted in the constitutionalization of economic theories preferred by individual jurists. — See Lochner v. New York , 198 U.S. 45, 75-76 (1905) (Holmes, J., dissenting). The health care case threatens a full-blown revival of Lochner under the guise of the Court preventing some vaguely identified “overreach” by Congress under the Commerce Clause. This rhetoric is phony-baloney because the idea that government never forces anyone to do anything is laughable, as anyone who recalls the existence of military conscription, compulsory public education, and forced deduction of Social Security taxes might realize. It does not improve the new right-wing argument to say that the (Republican) individual insurance mandate is unprecedented or a radical break from prior tradition because it “forces people to buy something or to enter into a contract.” That, too, is a familiar design for government laws, as you will know if you are forced to buy auto insurance in order to drive. Indeed, most of the landmark Commerce Clause decisions that establish the lawfulness of Obamacare involved people being forced to enter into contracts they would have preferred not to enter. In NLRB v. Jones & Laughlin Steel Corp. (1937), the Court upheld Congress’ power to pass the National Labor Relations Act, which forbade the dismissal of employees for organizing unions and forced business employers to rehire (and repay) workers who had been unlawfully fired for that reason. What is that if not forcing someone into a contract? In Wickard v. Filburn (1942), the Court affirmed a $117 penalty imposed on an Ohio dairy farmer who harvested 16 bushels of wheat more than he was allowed to under a wheat harvesting quota set by the Agriculture Secretary under the Agricultural Adjustment Act of 1938. Filburn the farmer made an especially compelling case (and a far more sympathetic plaintiff than the politically driven AGs bringing the Obamacare suit), since the wheat he harvested went not to market but to feed his livestock and family and to create seed for planting. Yet Justice Jackson wrote for a unanimous Court that it was perfectly reasonable and valid under the Act to seek to increase the price of wheat by limiting the volume produced. Home-consumed wheat, he wrote, “would have a substantial influence on price and market conditions.” Even if the farmer’s wheat never goes to market, Justice Jackson wrote, “it supplies a need of the man who grew it which would otherwise be reflected by purchases in the open market.” In this sense, home-grown wheat “competes with wheat in commerce” by keeping people who would otherwise be consumers from purchasing wheat on the open market. That is, Congress essentially wanted to force people in Filburn’s situation to go out and buy wheat. Furthermore, even if Filburn’s individual “contribution to the demand for wheat may be trivial by itself,” the key point from the Commerce Clause perspective is that “taken together with that of many others similarly situated,” his contribution to demand “is far from trivial.” This kind of analysis is what has given rise to the “aggregation” approach to analyzing the substantiality of effects on interstate commerce; what matters is not the economic effect on interstate commerce of a single actor who wants to opt out of a national regulatory scheme but the “aggregate” effect of all persons or businesses similarly situated. In the case of health insurance and uncompensated care, that aggregate effect is many billions of dollars a year. Take the final example of the public accommodations provisions of the Civil Rights Act of 1964, which the Supreme Court upheld under the Commerce Clause in Heart of Atlanta Motel v. U.S. (1964). The Act compelled white restaurant, lunch counter and hotel and motel owners to serve and do business with African Americans and other racial minorities over their diehard opposition. In other words it forced people into business contracts. Similarly, Title VII of the Civil Rights Act forbids race and sex discrimination in hiring, thus forcing racist and sexist employers to hire people they would prefer not to. Every case is different, and what lawyers get paid to do is distinguish this situation from that. But what has really changed today is the political culture of conservatism, which is so shameless that it can invent a health care policy — the individual insurance mandate — and promote it widely as the alternative to the clearly superior single-payer plan that prevails in most of the world, and then come back later and declare that the whole idea is really unconstitutional the minute it is adopted by a political opponent seeking a compromise with conservatives. But, since everyone concedes that it relates to interstate commerce, if it is going to be struck down, the individual insurance mandate will have to be declared unconstitutional because government cannot go “so far.” Yet, if government cannot go so far at the national level because it violates individual rights, surely it cannot go so far in Massachusetts, either. Does this mean that Romneycare in Massachusetts is unconstitutional, too? Will the Republican standard-bearer in 2012 have to run against the constitutionality of his own plan?

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Caroline Dowd-Higgins: This Is Not the Boss I Ordered

April 2, 2012

Whispered water cooler conversations about bad bosses used to surface sporadically in work environments. These days, the complaining seems to be getting louder and less clandestine since lack of leadership is a growing frustration for professionals in a myriad of career sectors. Forbes blogger Erika Andersen summed it up nicely, stating in a recent post, “Top talent leave an organization when they’re badly managed and the organization is confusing and uninspiring.” I have been fielding numerous questions on my CBS radio show: Career Coach Caroline from people who are at their wits’ end dealing with an incompetent boss. Sadly, the good bosses are harder to find than those who wind up in leadership positions because of the Peter Principle where in a hierarchy employees tend to rise to their own level of incompetence. We aren’t teaching enough leadership skills at university and in a tough economy, professional development budgets have been slashed or eliminated. Well-meaning individuals who land roles as leaders often make your work life hellish because as nice as they are (and some are not!), they are inept at leading. So what’s a professional to do? Take Control I’ve seen many professionals leave great companies and wonderful jobs because of bad bosses. While leaving is always an option, in a tight job market you should consider a few other things first. Take control of how you operate in your work environment and how you communicate with your boss. Figure out your boss’s work and communication style and deliver your message accordingly. For example — does your boss respond better to verbal or written communication? Does he need specific details or a big picture overview? Is she a planner or more spontaneous in implementing the mission of the organization? Most conflicts in the workplace come from differences in personality, communication, and work styles. Understanding how your boss operates may alleviate some of your stress and give you and your boss better clarity of expectations. So watch and listen, and ask others who have some institutional history to share their strategies for dealing with your boss. Manage Up In many workplaces, the boss does not notice what their staff is doing unless they are on fire (literally!) or if something goes terribly wrong. If you are chugging away, producing great results, chances are your boss will focus more on his work since you don’t appear to need anything. While the autonomy may seem liberating, you must make sure that you manage up so your boss and her boss know the value you bring to the organization. If you don’t tell the powers that be what a great return on investment you are — you may stay a well-kept secret and that will stunt your professional growth within the organization and beyond. Don’t wait for an annual performance review to showcase what you do well. Schedule a periodic check-in or send written updates documenting your results and initiatives. Consider creating a portfolio that illustrates exactly how you impact your organization positively. This evidence will also help you plead your case when you are seeking a raise or promotional opportunity. Boss from Hell While some bosses just need leadership training — others are beyond repair. If your boss behaves unethically, egregiously, or harasses you — get yourself to human resources immediately. There are labor laws to protect you and you deserve a healthy and safe work environment. Don’t worry about being the bad cop; let the human resources people advocate on your behalf and document the unacceptable behavior of your boss so you have a record. What I have seen over and over again in my consulting practice is that many naïve bosses simply don’t know what their team needs — so take the boss by the horns , as it were. Have a frank conversation with your boss and tell him what you need. Tell her what your purpose is on the team, your goals, and the culture you believe will enhance productivity. If you can clarify your aspirations for the future of your organization and be a solution provider, instead of a complainer, then your boss may learn from you and appreciate your leadership insight. Of course that utopian concept doesn’t always work and sometime bad bosses are also jerks. If your boss is beyond repair and you have an unhealthy work environment that prohibits you from doing your job successfully, you may want to consider moving on. After all, you deserve to work in an environment where you are valued, appreciated, and recognized for your accomplishments. Having a boss who will mentor you, or even sponsor you would be an added perk but you may need to work elsewhere to find this. So start a stealthy job search since you are much more employable when you are currently employed. No matter how bad it gets, your bad boss is not worth being unemployed for so stick it out until you find a non toxic environment and let their shenanigans roll off your back. Don’t Diss Your Bad Boss As tempting as it may be to announce to the social media masses what an ass your boss is — take the high road and keep all communication professional. The network is small and you will need a recommendation from your current boss if you move on. Never throw your boss under the bus and develop talking points for why you are looking to move on. In many cases, a bad boss’s reputation is far reaching so you need not say a word in order to be understood by a prospective employer. When you are on the job hunt be sure to interview your prospective bosses wisely. Don’t assume that your next boss will be better. Here are some questions to ask during an interview: • What is your leadership style? • How do you mentor or sponsor your team members and encourage their professional development? • Of all the people who have worked for you, who are you the most proud of and why? • Can you describe a conflict between you and your team and how it was resolved? • Why did the person who left this position move on? • What are your future goals for the team? Know When It’s Time to Go If your new boss passes these interview questions with flying colors then you may be lucky enough to land in a healthy new work environment with a great boss who will give you an opportunity to grow and prosper. But if the new boss seems worse than your current boss, it may be a deal breaker and force you to extend your job search for a better fit. It’s worth waiting for a functional boss so never underestimate your boss’s role in your success and happiness in the organization. You should be looking for a multiplier boss who will optimize your strengths and give you an opportunity to take on new challenges, debate decisions, and invest in the organization with direct buy-in and accountability. The perfect boss may be difficult to find so in the meantime capitalize on your expanded network within and beyond your organization to find mentorship, leadership, and the professional respect you deserve. Caroline Dowd-Higgins authored the book “This Is Not the Career I Ordered” and maintains the career reinvention blog of the same name ( www.carolinedowdhiggins.com ) She is also the Director of Career & Professional Development and Adjunct Faculty at Indiana University Maurer School of Law. She hosts the national CBS Radio Show Career Coach Caroline on Tuesdays at 5pm http://sky.radio.com/shows/coach-me/

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Peter Smirniotopoulos: Education Reform: Why a Bachelor’s Degree Still Matters

April 2, 2012

This is the third installment in a three-part series on the need for education reform in the United States. The first installment, “Doubling-Down on Dumb: The GOP War on Being Smart,” explored the emerging political discourse criticizing public education and being well-educated, and how the toxic environment it creates makes real reform even more problematic. The second installment, “We Need an Education System that Promotes Creativity, Innovation, and Critical Thinking,” argues in favor of a paradigm shift in primary and secondary education, away from an over-reliance on rote learning and standardized testing . “For cities to have sustained success, they must compete for the grand prize: intellectual capital and talent.” New York City Mayor Michael Bloomberg. “Cities must be cool, creative, and in control,” Financial Times , March 27, 2012. Assuming, as was argued in the second installment in this series, that the U.S. reforms its public education system and our high schools are graduating students who are creative, innovative, and critical thinkers, then college becomes the first opportunity where these capabilities can be applied on a much larger, and more-challenging, scale. One of the many benefits of attending college — and, to a somewhat lesser extent, a two-year community college (because of its narrower geographic market area) — is that the universe of students, and their respective life and academic experiences and attendant perspectives, are greatly expanded. The student body at a college with 2,500 students or a university with 25,000 students, respectively, will be exponentially less homogenous than a student’s high school graduating class of 250, all coming from the same community. Moreover, the teaching talents and credentials of the faculty at the college level offer additional intellectual challenges. Anecdotally, when I attended Georgetown University as an undergrad, my philosophy professor, Wilfrid Desan , was an internationally recognized expert on Jean Paul Sartre and Existentialism, and authored the pioneering, three-volume work The Planetary Man. My political philosophy professor, Jose Sorzano , went on to become ambassador and U.S. Deputy to the United Nations, serving with U.N. Ambassador Jeane Kirkpatrick, also a Georgetown government professor during my matriculation. Such distinguished faculty is not, of course, limited to private universities. But regardless of how good a high school may be it is highly unlikely the faculty will include such luminaries. And finally, the college environment will most likely be the last place where a person can truly enjoy learning for learning’s sake, taking intellectual risks along the way that might otherwise be thought to be “career-ending” if exercised freely in a traditional workplace. As Sir Ken Robinson points out in Out of Our Minds, it is only in an environment where people are free to make mistakes that creativity and innovation truly flourish. Teaching for creativity aims to encourage self-confidence, independence of mind, and the capacity to think for oneself. In teaching for creativity, teachers aim to: • promote experiment and inquiry and a willingness to make mistakes , • encourage generative thought, free from immediate criticism , • encourage the expression of personal ideas and feelings, • convey an understanding of phases in creative work and the need for time, • develop an awareness of the roles of intuition and aesthetic processes, • encourage students to play with ideas and conjecture about possibilities , and • facilitate critical evaluation of ideas. The aim is to enable students to be more effective in handling future problems and objectives; to deepen and broaden awareness of the self as well as the world; and to encourage openness to new ideas. Robinson, Ken (2011-06-28). Out of Our Minds: Learning to be Creative (pp. 270-271). Capstone. Kindle Edition. [Emphasis added.] Very few work environments encourage such risk-taking behavior, despite the fact that numerous studies have shown that it is exactly such an environment where the best solutions are forged (with a nod to management guru Tom Peter’s “do it, try it, fix it” principal). More often than not, in the working world making a mistake is often the last thing an employee does before being shown the door. Regrettably, in these tough economic times, there is little chance of gaining much traction for the idealistic notion of “education for education’s sake” without dovetailing that noble concept with the windfall benefits for economic recovery. Returning, then, to Mayor Bloomberg’s Financial Times op-ed from last week regarding how cities compete in a global marketplace, the mayor wrote: I have long believed that talent attracts capital far more effectively and consistently than capital attracts talent . The most creative individuals want to live in places that protect personal freedoms, prize diversity and offer an abundance of cultural opportunities. A city that wants to attract creators must offer a fertile breeding ground for new ideas and innovations. [Emphasis added.] In an essay published in the monthly journal of the Urban Land Institute almost ten years ago entitled “Matriculation Reloaded: University town centers can fuel local economies” ( Urban Land , October 2003), I wrote: In a knowledge-based economy, colleges and universities will be the factories of the 21st century. They are the primary source of “knowledge workers” — the smart, creative, and skilled people forming the foundation of successful companies. [Emphasis added.] This statement is even more relevant today than when I wrote it almost ten years ago. The only things that have changed are 1) the extent to which these domestically produced knowledge workers will remain in the United States, thereby contributing to its economic resurgence, versus being attracted to better opportunities overseas, and 2) whether recent college and university grads, in the current economic climate, can find meaningful, remunerative career paths in the U.S. To the extent that these “career paths” include using their creativity, innovation, and knowledge as the impetus for start-up companies, rather than merely going to work for someone else, the country’s college graduates could be at the forefront of leading the U.S.’s economic resurgence. Our current economic hardships notwithstanding, the correlation between a student’s level of educational attainment and lifetime earning potential has never been greater. This runs contrary to the emerging criticism that the value of a four-year bachelor’s degree has become somewhat diluted in the marketplace by graduate degrees becoming the “entry level degree” for some careers. In a 2002 Special Studies report by the U.S. Census Bureau entitled “The Big Payoff: Educational Attainment and Synthetic Estimates of Work-Life Earnings” researchers Jennifer Cheeseman Day and Eric C. Newberger concluded: Adults ages 25 to 64 who worked at any time during the study period earned an average of $34,700 per year. Average earnings ranged from $18,900 for high school dropouts to $25,900 for high school graduates, $45,400 for college graduates, and $99,300 for workers with professional degrees (M.D., J.D., D.D.S., or D.V.M.). [W]ith the exception of workers with professional degrees who have the highest average earnings, each successively higher education level is associated with an increase in earnings. To further make the economic case for the importance of higher education in the domestic competitiveness of the United States in a global marketplace, the scholarly research and prolific writings of Dr. Richard Florida are illuminating, to say the least. Dr. Florida is perhaps best known for his first book, The Rise of the Creative Class (Basic Books, 2000), in which he argues that those cities in the United States that attracted and retained “creatives” would fare the best economically in the domestic economy. In The Flight of the Creative Class: The New Global Competition for Talent (HarperCollins, 2005), Dr. Florida extended to the global economy his analytical approach to regional competition for “Creatives” and their economic output. As one might expect, the role of higher education figures prominently in Dr. Florida’s work. However, his sophisticated research and analysis into what makes a particular city “sticky” in terms of attracting and retaining Creatives is truly multi-faceted, addressing everything from competing cities’ arts and music scenes, to opportunities for active recreation, to correlating his research with that of Carnegie Mellon colleague Gary Gates and his “Gay Index.” However, there is no escaping the fact that without a strong system of higher education in the U.S., we would have an incredibly weak “Creative Economy.” In this sense, universities and colleges don’t serve just the economic winners of the creative age. They represent the key building blocks that cities such as Cleveland, St. Louis, and Pittsburgh can use to rebuild. Kevin Stolarick, and our research team have also found that the “higher education — knowledge — learning cluster” is always among the top employers of both creative class workers and service-sector workers in major U.S. regions. I was once asked what I thought might be one of the keys to saving Detroit’s economy. My answer was simple: Ann Arbor… that the future of the Detroit region in the creative age lies more with the technology, talent, and tolerance engine that is Ann Arbor than in stadiums and a refurbished Renaissance center in downtown Detroit. Flight of the Creative Class, page 252. On Friday, March 28th, Dr. Florida posted “Why Some Cities Lose When Others Win” on The Atlantic Cities Online , which is also directly on point. In that blog entry Dr. Florida argues that the competition for intellectual capital will define the success of the world’s — and not just the U.S.’s — greatest cities . In 1950, the world’s largest urban areas were New York and London, both with more than 12 million people, followed by Tokyo (8.4 million), Moscow (7 million), Rhine-Ruhr (6.9 million), Paris (6.7 million), Shanghai (5.8 million), Chicago (5.6 million), Buenos Aires (4.6 million), and Calcutta (4.6 million). By the mid-2000s, the ranking had changed substantially. Cities in emerging economies dominated the list of the world’s largest urban areas. Tokyo topped the list with more than 35 million people, followed by Mexico City and Mumbai with roughly 20 million each. Meanwhile, New York had dropped to fourth, followed by Sao Paulo, Delhi, Calcutta, Jakarta, Buenos Aires, and Dhaka. Los Angeles was 12th, Paris 22nd, Chicago 25th, and London 28th. [Emphasis added.] Obviously, if cities like Tokyo, Mumbai, and Shanghai continue to figure prominently among the world’s largest — and most-economically successful — urban areas, chances are that manufacturing and service companies in their respective spheres of influence (i.e. primarily in Asia) will prosper as a result, and the U.S. will see little, if any, economic benefit from such growth. If, however, U.S. cities such as New York, Washington, D.C., Los Angeles, Chicago, and Boston, as well as second-tier cities such as Pittsburgh, Cleveland, and St. Louis, are successful in attracting and retaining Creatives regardless of their respective countries of origin, then the domestic economy will benefit from the U.S.’s collective aggregation of global, intellectual capital. It is regrettable, at best, that at a time when the U.S. should be making an even-greater investment in higher education — as well as in primary and secondary education — so that we might compete much more aggressively for Creatives on a global scale, local and state governments, as well as the federal government, are succumbing to short-sighted pressures to cut education spending as a means of balancing budgets and reducing government debt. It would be truly unfortunate (but it is not even close to being outside the realm of the possible) if twenty years from now we woke up to the realization that the U.S. prominence in the world’s economy had dropped even farther from where it stood today, because we made the mistake of shortchanging our educational systems at precisely the time when we needed to do the exact opposite.

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Lisa Gilbert: Spending Spotlight

April 2, 2012

This week has showcased the need for a spotlight on the money overwhelming our democracy, as reform groups, investors, state elected officials and more have demanded that Congress and federal agencies do their jobs and make elections transparent to the people voting in them. First, on Monday morning, organizations and investors gathered to urge the Securities and Exchange Commission (SEC) to require publicly traded companies to disclose contributions when they engage in electoral politics. Then this Thursday, the DISCLOSE Act came up for a hearing in the Senate. Both SEC rules and congressional action are critical to close the gaping loopholes in our system left by the Citizens United decision and ineffective FEC regulations on the disclosure of political spending. Polls show the public overwhelmingly supports disclosure. According to a New York Times article on a New York Times /CBS News poll released on October 28, 2010, Americans significantly, ” favor full disclosure of spending by both campaigns and outside groups.” When it comes to investors, it is the job of the SEC to pull them out of the dark and create a rule on political spending. In his opinion in Citizens United , Justice Anthony Kennedy incorrectly stated that shareholders would be in the know on political spending, but there’s actually no mechanism to give them the information. This is particularly troubling because companies can now give unlimited amounts to nonprofits and trade groups playing in elections that don’t have to disclose their funders. Groups on both the right and left, like the U.S. Chamber of Commerce, Crossroads GPS, and Priorities U.S.A. can now receive unlimited gifts from companies without the knowledge of the corporation’s investors. A company’s political spending is relevant information to current and potential shareholders who are deciding where to invest their money. One SEC commissioner, Luis Aguilar, has already said publicly that he would support a disclosure rule. Only two more votes are needed to promulgate a rule via the SEC, and they should quickly move the ball forward on this key disclosure measure. Another important avenue for disclosure is the subject of this Thursday’s hearing, the DISCLOSE Act. Parts of this bill would ensure that citizens know on a timely basis the identities of the large donors that fund tax-exempt organizations spending money on elections. The legislation would also fix the problem of untimely disclosure of the donors to super PACs supporting presidential candidates, instead giving the public information in time to act on it. The slow super PAC disclosure problem was highlighted sharply in the Republican primaries, when the disclosure of most of the super PAC donors didn’t even happen until after the pivotal Iowa caucus and New Hampshire, South Carolina and Florida primaries were long over. This bill is practical, problem-solving and popular. Opposition to either the DISCLOSE Act or a new rule-making on disclosure at the SEC in the face of overwhelming public support can only mean one thing: the opponent thinks that large donors should be hidden from the American people and we should forget about spotlights on spending. Lisa Gilbert is the Deputy Director of Congress Watch. This post was originally posted on AlterNet.

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Daniel Burrus: A Lesson From Google: Why Innovation Is the Key to Your Company’s Future

April 2, 2012

I’ve always said that innovation is a key driver of business success . We saw this in action with Google. Back when Google was a startup, they focused heavily on innovation in search. As a result, they created a major source of income and a name for themselves as the dominant search engine. Google was able to accomplish this in a relatively short amount of time because they kept the pipeline of innovation going and encouraged their engineers to spend 20 percent of their time coming up with new ideas. As a result, they gave us Gmail, Google Maps, Chrome, and a host of other advances. One of the hard trends happening right now is that the main computer people use is shifting from a laptop/desktop to a smart phone and tablet . This shift started two years ago and was fully predictable. Just look back over my previous blogs and you’ll see I was talking about this shift long before it happened. When the trend started to emerge, what did Google do? They saw the iPhone and its success and they introduced the Android. It was a bit more copying than innovating, but they did still innovate (albeit just a little bit). Where Google dropped the innovation ball was with social media. They saw Facebook grow incredibly, so they introduced Google+. Was much innovation involved? Not really. It’s definitely more copying than anything else. They simply made their own version of Facebook. No wonder Google+ is having a hard time taking off. Here’s the problem: When you focus on your competition and copy them, you end up competing with them. However, when you focus on innovation, you become the competition and others try to copy you. That’s a huge difference. Realize that no matter how hard you try to copy someone, you can never catch up because the leader is innovating. In fact, the only way to really catch up is to jump ahead. Unfortunately, Google became so focused on social media that they lost their original spirit of true innovation. I even heard that the engineers who spent 20 percent of their time on innovation were told to focus that time on innovation within the realm of social. That, of course, dilutes the innovation engine. Moving forward, I’d like to see all companies, not just Google, get back on the innovation bandwagon. For any company to thrive in the future, innovation, not copying, is the key. Remember that we’re in a world of exponential transformational change. With bandwidth, processing power, and storage accelerating so rapidly, it’s truly a time for every company to innovate at new levels. Technology has leveled the playing field, and the game is changing.  It’s time to stop playing the old game and start defining the new one. Article first published as  A Lesson From Google  on Technorati.

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Greg Voakes: Capitalizing on the Internet: From Meme to Marketplace

April 2, 2012

Sometimes described as an “internet phenomenon,” memes have been a staple to setting the standards in popular culture. Memes have been with us long before the internet became another key ingredient in today’s society. Often designed for spreading original jokes with friends and having them gain momentum, memes are now the ultra popular bits of content that provide us with the occasional stifled laugh from our cubicle. Memes in nature are a statement in everything and anything in regards to our struggles with modern life, also known as “first world problems,” our unsavory lifestyle choices represented through “advice animals.” As with most sweepingly successful online trends, the unknown sources that these silly creations originate from set a business plan in action for part-time entrepreneurs to capitalize on. Ben Huh for example, capitalized off of the success of Christopher Poole’s image board 4chan — a user-generated content site that hosted original pictures, drawings and illustrations, ranging from the good, the bad and the ugly. Startup veteran Ben Huh created microsites based around 4chan’s most popular trend — LOLCats , and ran with the idea. Currently the Cheezburger network boasts over 50 humor blogs, including an online store they’ve dubbed “LOLMart” which sells meme related clothing and accessories. Other startups like CatchKuma are also taking advantage of the marketability of modern meme’s by turning the web’s most lovable bear and his friend Longcat into novelty clothing and “key charms.” Images courtesy of CatchKuma.com. You can find the featured key charms here .

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David Isenberg: Some Things Are Just Unacceptable

April 2, 2012

On March 27 the Technology, Informational Policy, Intergovernmental Relations and Procurement Reform Subcommittee of the House Oversight and Government Reform Committee held a hearing, ” Labor Abuses, Human Trafficking, and Government Contracts: Is the Government Doing Enough to Protect Vulnerable Workers? ” This is a subject of more than passing interest to me because last year I wrote a report , published June 14, and commissioned by the Project on Government Oversight, on the exploitation and abuse of the workers of a KBR subcontractor. I subsequently testified at a Nov. 2, 2011 hearing about that report before this very subcommittee. That hearing, by the way, left me with a lingering sense of surrealism, even after five months, if only because it was revealed that the Pentagon official who had responsibility for this subject had never been to Iraq and Afghanistan. And sadly, as was noted back then, there has virtually never been a prosecution on this charge, even though it was a widespread practice in both Iraq and Afghanistan with contractors, or subcontractor. And there have only been a very few debarments or suspensions of contractors even though it was well known as a widespread practice. So, you can see why this might be a subject of interest. I have posted the full transcript of last week’s hearing on my blog and I encourage you to read it. But let me just highlight a few relevant points. Because this is a continuing problem new legislation has been introduced in Congress to address it. In the House it is H.R.4259 — End Trafficking in Government Contracting Act of 2012 . In the Senate it is S.2234 . That bill would prevent trafficking abuses by requiring contractors with contracts over $1 million to implement compliance plans to prevent trafficking including destroying or confiscating passports, misrepresenting wages or work locations, or using labor brokers who charge exorbitant recruiting fees. It improves accountability by requiring that a contractor notify the inspector general if he or she receives credible evidence that a subcontractor has engaged in prohibited conduct, requiring the inspector general to investigate such instances and requiring the inspector general to investigate all those instances, and with that require swift remedial action against the contractor. And, it improves enforcement of anti-trafficking requirements by expanding the criminal prohibitions that prevent fraudulent labor practices typically associated with trafficking. And if you don’t think it is a continuing problem you will need to have a little talk with Sen. Rob Portman (R-OH) who said at the hearing: Despite the existing protections, including the Trafficking Victims Protection Act of 2000, reports have made it very clear that human trafficking practices, in connection with U.S. overseas contracts, remain a very significant problem. To put this in some context, there are over 70,000 third-country nationals who now work for contractors and subcontractors of the U.S. military, again in Iraq and Afghanistan alone. Doubtlessly PMSC industry officials will say that the overwhelming majority of U.S. contractors and subcontractors are honorable and law-abiding and have made it a priority to ensure that abusive labor practices play no role in the work they do in Iraq, Afghanistan and elsewhere. This is, of course, true. It is also true that oversight is lacking. As Sen. Portman testified: And the oversight is limited. The Wartime Contracting Commission, for example, reported that, quote, “Some prime contractors, although not themselves knowingly violating the prohibitions on trafficking, have not proactively used all their capacities to supervise their labor brokers or subs.” The State Department’s Inspector General’s Report, similar, stated that, quote, “Since contracting regulations do not specify how to monitor contractors for trafficking in persons, the IG could not conclude that trafficking in persons monitoring is effective.” The bottom line here is familiar to anyone who has watched the U.S. government grapple with contracting problems in war zones; oops, I mean “stability operations.” There is a serious problem; various people, both in and outside government, point it out; the government, both legislative and executive branches begin to focus on it; more resources are devoted to fixing the problem; some improvements are genuine, others are rhetorical. Is it making a dramatic difference? No, but it is not insignificant either. But one thing should be clear. This is not some merely some picayune issue for bureaucrats to fuss over. As Sen. Portman testified, “This is about something much more fundamental, and that’s who we are as a people. It’s about respecting and protecting human dignity.” As Representative Gerry Connolly (D-VA) said: This is unacceptable. If America is about anything, it’s about a value system. And at the very essence of that value system is the enshrinement of human autonomy. We haven’t always lived that goal. We fought a civil war to make sure that that goal proceeded. But it is a value we assert. And it is certainly not a value we can ever sit back and accept to be compromised, especially somebody in our employ.

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Jerry Jasinowski: Manufacturing Is Different

April 2, 2012

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

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

April 2, 2012

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

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Simon Johnson: Volcker Rule Would Cause Irreparable Damage to the Muppets — and Much More Broadly

April 1, 2012

A major new research report — released this weekend by the renowned international consulting firm, IMS — finds conclusively that implementation of the proposed Volcker Rule would damage not just the irreplaceable Muppets but also “all children-oriented television or other media-based educational program content.” The logic in the report is straightforward and, quite frankly, compelling. The Volcker Rule — which aims to limit proprietary trading and excessive risk-taking by the country’s largest banks — would reduce the ability of “too big to fail” institutions to bet heavily on the price of commodities used to produce puppets (mostly cotton, but also apparently wood, aluminum, and some rare earths). “In response to the changing demands of their customers, banks have expanded their role of providing financial resources and services to include risk management and intermediation services to [various kinds of puppets](p. ES2) These services are highly profitable and of great value to the skilled artisans who produce puppets, but if the very biggest banks are not allowed to engage in these activities, then no one else will. This, of course, is elementary economics — dating back as far as Adam Smith. If there is a profit-making opportunity to be had, then everyone will spurn it, unless they work for a massive international bank. The history of the United States is replete with examples of business sectors that would never have come into existence were it not for the proprietary trading of banks that were large enough to damage the economy when they failed. Thomas Edison worked long and hard for J.P. Morgan (the man) before being allowed into the speculative trading side of the business. Henry Ford’s entire model was a spin-off from Bankers’ Trust — with a substantial equity investment from his former employer. And the Wright Brothers’ business concept — as well as their most basic notions of aeronautics — derived from their early work with paper airplanes on the trading floor of what became First National City Bank of New York (i.e., Citigroup today). Put simply, there has never been real entrepreneurship in the U.S. financial markets or economy — other than what these banks have put there, directly or indirectly. The fact these banks were very small relative to the economy until the 1980s is irrelevant. And the fact that these banks now draw on huge government implicit subsidies — while also creating an enormous and dangerous tax payer liability — is neither here nor there. Malfeasance by these banks has brought us to the brink of fiscal disaster. In political terms, we are manipulated by bankers just as if they are pulling our strings. But you have to consider the benefits, as well as the costs. Do you enjoy watching the Muppets or not? If the Volcker Rule is implemented as planned, that would have a major negative effect on the bond yields — the spread over the “risk-free” interest rate — paid by the Muppets and other leading providers of children’s entertainment. No one else will ever trade these bonds to any significant degree — just as no one would have produced cars or planes without the dominance of big banks in those sectors. Even the electricity you are using to read this piece was made possible by the market dominance and overbearing presence of deeply entrepreneurial and ethical entities such as Enron. The Muppets themselves have come out strongly in favor of the financial sector as currently structured. As Lloyd Blankfein, head of Goldman Sachs, reportedly said recently: “It’s not the dealers and it’s not the investment bankers and providers that have to grapple with regulation. It’s users and [puppets of all kinds] in the market that have to deal with different margin requirements…have to deal with unfortunately and inevitably higher cost in managing their portfolios…and have to pay the price for the higher cost of holding inventories.” The IMS report was paid for by Morgan Stanley (see p. 3), further evidence of smart entrepreneurial investments by big banks that support the deeper development of the economy and help create puppets everywhere. Simon Johnson is the co-author of White House Burning: The Founding Fathers, Our National Debt, and Why It Matters To You , available from April 3rd. This post is cross-posted from The Baseline Scenario .

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Daniel Wagner: Carbon Taxes and Global Decision-Making

March 30, 2012

Co-written by Joshua Wallace The European Union’s decision to impose a carbon levy on air travel to Europe had the best of intentions but has provoked howls of protest from some of the world’s largest economies, with both China and India having stated they will not comply. The conundrum now facing the EU — whether to double down on the idea, modify it, or withdraw the concept altogether — serves to emphasize the myriad of interdependencies and impacts that today transcend borders. The EU carbon levy on air travel became effective from January 1st, though airlines will only be billed next year after 2012′s carbon emissions have been calculated. The EU insists that the cost of the tax is manageable for airlines and is necessary to help it achieve its goal of cutting carbon emissions by 20% by 2020. China and India consider the tax a unilateral trade levy disguised as an attempt to fight climate change. Fears have surfaced that the deadlock over this issue could spark a trade war resulting in retaliatory measures that would damage all sides. The issue has served to epitomize the brewing battle between the developing and developed worlds over supremacy of the emerging global financial and regulatory structure. The carbon tax has captured the changing dynamics of global decision making. For many years the West has assumed de facto leadership by determining the framework of global standards and norms, as it has been uniquely positioned to do so, given its resources and capacity to drive its vision of the future forward. However, with western countries slipping from the economic and political pedestal they have long held — by virtue of their lacklustre growth rates and failure to adapt to the new realities of the 21st century — the pendulum has been shifting in favor of emerging countries with greater rapidity over the last decade. With the pendulum shifting, the economic, political and financial clout of the developing world has risen in tandem, and the unilateral decisions taken by western nations have begun to prompt emerging countries to coalesce into unified blocs. Brazil made it clear that at this week’s BRICS summit that it will be seeking a united response to the manner in which the EU and US have reacted to the Great Recession, which they believe has damaged medium-term growth prospects for emerging markets. The World Bank has just announced that it plans to partner with a new development bank to be created and jointly funded and sponsored by the BRICS countries. And China is in the process of creating an offshore bond market for the renminbi, to facilitate its internationalization. This may ultimately position the RMB to become a meaningful alternative to the dollar and euro as a global currency in due course. Unilateral and collective actions by emerging countries will undoubtedly afford them greater bargaining power, which will become manifest sooner than many realize. The Bretton Woods institutions (the IMF and World Bank) — historically led by the US and Europe — are also beginning to be impacted by the shifting pendulum, with more and more emerging economies demanding a greater say in how the institutions are run, and by whom. China has demanded a say in the selection of the next World Bank president, and the BRICS nations have all threatened to withhold a portion of the additional financing requested by the IMF to avert a European sovereign debt crisis unless they gain greater voting power. While Christine Lagarde managed to maintain the European monopoly of IMF directorship, Jim Yong Kim — the US candidate to head the World Bank — faces fierce competition from a range of candidates from across the developing world — and rightly so. The rise of the BRICS nations as viable alternative donors to the developing world, and the idea of an alternative development bank being touted by the BRICS nations, underscore the possibility for meaningful change led by the emerging world. If the institutions that have governed the world economy since their post-war inception are unable to adapt to the new realities, then the emerging world will not wait for them. The flip side of that is that those countries which no longer truly possess ‘developing’ country status — such as China, with its immense economy and foreign exchange reserves — should no longer claim that status and continue to receive funds from multilateral development institutions. Doing so takes precious resources away from truly needy countries and takes credibility away from the collective emerging economy argument that the system must change. How the EU will respond to its carbon tax conundrum remains unclear, but what is becoming increasingly obvious is that the days of unilateral attempts to impose developed country will on the developing world are numbered. The world already finds itself at a crossroads. The developed world would be wise to embrace the ‘rise of the rest,’ for it is a force that is unstoppable and has already manifest itself in surprisingly effective ways. If you want a vision of the future, look no further than the important action the BRICS countries have taken this past week. *Daniel Wagner is CEO of Country Risk Solutions, a cross-border risk consulting firm based in Connecticut (USA), Director of Global Strategy with the PRS Group, and author of the new book Managing Country Risk (www.managingcountryrisk.com). Joshua Wallace is a research analyst with CRS. Daniel can be followed on Twitter at: http://twitter.com/countryriskmgmt . Joshua can be followed on Twitter at: http://twitter.com/JLP_Wallace .

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Bernie Bulkin: About Leadership: Pressure and Its Consequences

March 30, 2012

When I became Chairman of AEA Technology, we were probably less than three months away from losing the Company. Debt was moving beyond our limits with the bank, we had issued two profit warnings in the space of three weeks, we were overstaffed, the person who was Chairman and CEO had left and the two posts split, and all of this left our employees with a lot of uncertainty about their futures. This in a business that was all about selling the skills of our employees to solve difficult problems for others. In this situation, what was the first thing that I said to the new CEO and the Finance Director? It was this: Yes we are in trouble, yes we have to take some radical actions to get out of trouble, but no matter what, no matter how difficult things become, you are never to act in any way that is unethical. We don’t cheat; we don’t lie to each other, to the board, to our investors. Indeed, because we are in trouble we are as strict on our ethical behavior as possible. As a company, and for the three of us as individuals, never try to push the boundaries of what is ethical. If you are a leader, you will know that you have to put people under pressure, sometimes under extreme pressure, to perform. We achieve great things because of that pressure, because we don’t approach our jobs casually but with great intensity. But we need to be alert to the possibility that the pressure will cause people to do things that they know are wrong, just because it is the only way they can see to satisfy the boss. Some years ago, when I headed the Products Division in BP Oil, we were developing a new lubricant product, a project that was high profile and late. It was late because any new lubricant, before it goes to market, must pass a large number of tests, and these are difficult when the product is meeting the highest standards with some new attributes. We had failed a few of these tests first time through. My colleague Tony Roxburgh, as Director of Marketing, knew the sort of pressure the team was under, and he himself was under pressure from our business units to get the product out. In this situation, he had the courage and insight to ask me to form a small independent group to review all the test results, and only when that group was satisfied would he release the product for sale. Because while getting the product to market was a big deal for the team and for him, he realized that there was a bigger deal at stake, the reputation of the Company for integrity in its offer. While leaders have a right, even an obligation, to exert pressure to perform, they have to think about the consequences of that pressure for the people involved. One of those consequences is the possibility that people will do something that they themselves know is not right, because we have left them no way out. Checks on this happening are, in effect, providing them with a way out, and clear thinking leadership will see that such checks are in place. There is another consequence of pressure that requires alertness and sensitivity from leadership. The physical and mental health of the team members. Of course we should always be watching this, but when the team is under pressure, perhaps struggling to achieve objectives, I am especially looking for unexplained absences, explosions of temper, team members going off on their own away from colleagues, changes in dress or physical appearance, anything signalling a person not coping physically or mentally. It is useful for a team leader to know if any team members have a history of problems under pressure, but this is not usually something that is shared with the leader by HR or by individuals themselves. Remember also that problems at home can become aggravated in pressure situations at work. Putting pressure on the team is a tool for leaders to use in order to achieve extraordinary performance. We learn that setting expectations beyond what people believe is possible can lead to great achievements. None of what I have said by way of caution is meant to deter you from using this tool but as with any tool it must be done with attention to safety. About Leadership: About Leadership is a series of 52 columns on corporate leadership — essential skills, leading teams, managing your career, the strategic and business practices to make a company and its leader distinctive from competitors. These columns will be of interest to people leading small and medium sized companies today, many of whom have not had much formal training in management skills and techniques; for the many people in big companies who aspire to senior management; and for anyone who thinks: Give me a hint, how can I do this better?

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Robert Teitelman: A Sermonette on Prediction and Its Discontents

March 29, 2012

In the Financial Times yesterday, Stein Ringen, a professor of sociology at Oxford, takes a lash to forecasting-happy economists , this time over the eurozone. Ringen believes economists “with remarkable unanimity” got it wrong, while “against the storm stood a remarkable woman, Angela Merkel, insisting no quick fix was available.” (Ringen is a little promiscuous with his “remarkables.”) He then goes on to decry, or perhaps defame, economists as a class, suggesting that some pent-up academic score-settling is going on: “They fell victim to an exaggerated confidence in themselves. Most of us in the social sciences are aware of our limitations. Economists, for their sins, have worked themselves into a frenzy about being ‘scientific.’ Overconfidence leads to hubris.” Now let us confess, this kind of attack does get the schadenfreude agitated. Many economists, perhaps even the mainstream of economists, do have sins to bear, like just about everyone else gathered around the bonfire of the financial crisis. I have complained about them regularly. Their belief in the underlying “science” of economics has led them astray, as a new and so-far provocative book by Harvard’s Jonathan Schlefer, The Assumptions Economists Make , points out (a review will follow once I get the time). They have proved, over many years and many crises, to be lousy (meaning just as fallible as everyone else) forecasting either markets or macroeconomies. When they are right, they are declared to be seers, until they get things wrong. They also demand — and are often enough afforded — a deep expertise into the political economy. Many of them trade off their technical skills and professional résumés to speak broadly about areas well beyond their expertise. Generally, they employ their rudimentary models, driven by their mostly financial — and thus quantitative — incentives to analyze, predict and shape the political economy. They are more like sociologists than physicists. That said, Ringen may significantly overstate their advocacy role in the eurozone crisis (and their unanimity) and may well exaggerate Merkel’s salvational policies as well. I use the chickenhearted “may” because no one really knows; I certainly don’t. Ringen, in fact, is indulging in the same error as economists: To criticize their penchant for certainty and prediction, he indulges in both himself. He assumes that the Merkel-led policies on Greece and the eurozone are both wise and effective. Despite a few caveats tossed in at the end of his column (“Europe is still in deep economic trouble”), he insists that “Europe’s leading politicians have performed admirably. They have done their job by staying levelheaded and trusting themselves. One lesson is clear: beware the experts who come bearing advice… and in particular economic experts.” But is the eurozone crisis really and truly over? Could Greece blow up? Could austerity drive Greek politics to greater extremes? Could Italy or Spain reject the enforced technocratic solutions to their woes? Could the markets, still fragile, drive up the price of sovereign debt again and put serious pressure on the European Central Bank and the various rescue mechanisms? And what about the seriously hobbled banks? How can anyone be confident that they know the European future? Can anyone know any future? Moreover, Ringen’s dichotomy between economists and politicians (he moves from Merkel to “politicians”) is far too simple and sharply drawn. The eurozone technocracy is a mix of both. Mario Monti in Italy is an economist, a technocrat and, now, a politician. Jean-Claude Trichet and Mario Draghi at the ECB and Dominique Strauss-Kahn and Christine Lagarde at the International Monetary Fund are both high-level technocrats and veteran politicians. Merkel herself is surrounded by economists and bankers as advisers; look at the gang from the Bundesbank. To draw conclusions about “economists” by reading the predictions of economists in the media is not to recognize how the demands of punditry tend to be self-selecting, exaggerated and often inflammatory. That said, it’s hardly unanimous. The FT alone, which provides a steady diet of eurozone commentary, has featured a wide array of solutions and schemes and views, including Ringen himself — so much it was often bewildering, particularly from an American perspective. Ringen’s column does provide a lesson in how difficult it is to resist the allure of prediction and the appeal of the simple dichotomy. That makes him just like the economists he decries. Robert Teitelman is editor in chief of The Deal magazine.

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

March 29, 2012

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

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

March 29, 2012

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

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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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Leah Busque: Why Independent Employment Is Killing the Nine to Five Job

March 28, 2012

The term “nine-to-five” has long symbolized a kind of drudgery that sucks up our lives and eclipses our identities, but it wasn’t until the Great Recession that the pejorative phrase was crowned with an entirely new distinction: old-fashioned. Even as the jobless rate continues its slow decline, the still-anemic U.S. employment market is prompting more and more people to do the math: There are 12.8 million workers looking for jobs — that means multiple candidates for every open position. Summation? The paths of least friction and risk are increasingly leading away from traditional employment. Back in the days of the Industrial Revolution, companies hoping to crank out as many widgets as possible booked shift workers around the clock. Collective bargaining led to the labor laws that eventually replaced 12- to 16-hour shifts with a new-fangled concept — the eight-hour workday. That worked then, but with technology streamlining efficiency in every industry imaginable, you’d think we would have moved away from the nine-to-five standard long ago. But it wasn’t until the economy slid off the rails in 2008 that freshly downsized workers were forced to confront the reality that the nine-to-five jobs they knew didn’t offer the kind of financial security promised to them. Layoffs sent scores of people to the unemployment line and hiring freezes kept them there until, one-by-one, entrepreneurial-minded folks began a sidestep around the status quo by becoming independently employed. By 2010, the Kauffman Index of Entrepreneurial Activity revealed the highest startup rate in 15 years, attributing the growth to necessary entrepreneurship as a result of joblessness. Kauffman’s 2011 data shows a slight dip from 2010, but one thing is clear: Americans are still busy building new, mostly solo, businesses. The unemployed, along with their underemployed counterparts, nearly one in five U.S. workers according to Gallup , swiftly began sliding into a society of contingent talent (freelancers, self-employed, entrepreneurs, and contract workers) that some experts believe will comprise a majority of the workforce by 2020 . This new class of micro-entrepreneurs is doing the same thing MBAs have been shouting about in boardrooms for years — diversifying their revenue streams. Instead of one company cutting a check twice a month, multiple sources contribute to a pipeline of income. Proceeds from Etsy shops and Ebay stores co-mingle with ad revenue from blogs and consultant fees from freelance gig work. A new crop of peer-to-peer marketplaces transforms those idling things leftover from an age of excessive consumption — cars, power tools, DVDs, and even spare bedrooms — into income-generating resources. With these intuitive systems imminently accessible — and without 40 hours of each week committed to someone else’s bottom line — a micro-entrepreneur can hedge her bets and fill in the price tag on her skills, talents, and time. Micro-entrepreneurship also translates directly to freedom of schedule. It means not having to use a sick day to attend a parent-teacher conference or missing that Tuesday afternoon yoga class. Those in charge of their own working schedules are able to seamlessly integrate work with life instead of trying to strike a balance between two conflicting sets of responsibility. Swapping out the nine-to-five for a more agile, independent working life brings with it one other huge benefit — a channel for self-actualization. Abraham Maslow and his psychoanalyst cohorts agreed that the drive to realize our potential and activate our capabilities is paramount, and we can only deal with it after basic physical and mental needs are squared away. Traditional models of work only let us cross out the needs on the very bottom of the pyramid — basic sustenance. On the flipside, independent employment within the network of the new sharing economy addresses our needs for a sense of community and belonging, autonomy and respect, creativity and problem solving. Within the old models, these were flights of fancy resigned to vacation days, wee hours, and golden years. The new model casts them as foundational elements and lets us work our way up the pyramid to unlock the good stuff. Nine-to-five never stood a chance.

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Ethan Rome: Paul Clement Calls for Tax Hike in Supreme Court Arguments Against Obamacare

March 28, 2012

In Tuesday’s oral arguments at the Supreme Court about the Affordable Care Act, the attorney representing the 26 states challenging the law called for a new general tax to pay for the costs of ending the private insurance industry’s discrimination against women and people with health conditions. It appears to be a thus-far overlooked moment that revealed that the law’s opponents don’t have any other ideas for how to guarantee that all Americans have access to quality, affordable health care that they can count on. So Paul D. Clement, legal icon of the conservative movement, found himself suggesting a tax hike that violates every fiber in the political body of congressional Republicans as well as the Grover Norquist pledge to never raise taxes in any way or for any reason — ever. In the two hours the court devoted to the individual responsibility provision, or the so-called mandate, there was a frank discussion about the cost of providing care for people without insurance. It was acknowledged that the insurance industry discriminates against sick people — by refusing to cover them and charging them more, and dropping people when they get sick — because that’s how they make money. Obviously it would be more cost-effective and efficient, and would make people healthier, if we had a mechanism to ensure that everyone had insurance. That would also eliminate uncompensated care and more broadly spread the costs of ending insurance company discrimination. But that’s the Obamacare law that the Republicans want the court to strike down. They’re also against Medicare for all because that would be socialist and put the private insurance industry out of business, although it does have the virtue of being unquestionably constitutional. So that leaves dealing with the problem on the back-end of the process in the way America’s conservatives know and like best: add up the private costs and use public funds to pay for them. Specifically, in an exchange between Justice Ginsberg and Clement about how to pay for the costs of requiring insurers to accept all comers and not discriminate in coverage and price against people who need health care, Clement said the following: I think there are other options that are available. The most straightforward one would be to figure out what amount of subsidy to the insurance industry is necessary to pay for guaranteed issue and community rating. And once we calculate the amount of that subsidy, we could have a tax that’s spread generally through everybody to raise the revenue to pay for that subsidy. This is as objectionable as it is ironic. I suspect that Clement’s national health care tax may not be what the political opponents of the law had in mind when they hired him. Clement’s tax hike is certainly not what organizations like the Koch Brothers-funded Americans for Prosperity are trumpeting on their website and in their public statements. Clement’s tax hike suggestion also blurs the most basic fact about their case and their approach to this issue: the Republicans aren’t interested in doing anything to address America’s health insurance crisis. It’s not an accident that they don’t have any real alternatives — they just don’t appear to care.

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Don McNay: Injured People and the One Percent

March 28, 2012

Most people perceive my job as strictly helping people make money. What I really do is help injured people. I keep injured people from wasting a settlement. I help them find every government benefit and program that might make their lives better. I find ways for them to minimize taxes and maximize what they keep. I assist in mediations and help them get claims settled. Many of my clients are in the top one percent of income earners. The bracket that some people are marching against. Most of my “one-percenters” are in wheelchairs or had their families wiped out in accidents. I’ve been doing my work for nearly 30 years and would never trade places with any client who got a large settlement or judgment. No sane person would give up their health or their family for money. Thus, going to war against the top one percent is not black and white for me. I’m for making hedge fund managers pay ordinary income tax like the rest of us do. I’m for tying Wall Street bonuses to doing something productive for society, instead of taking a bonus but not creating wealth. I want to see more being done for Main Street and less being done for Wall Street. I want the average American to get a fair shake and not be ignored by Washington. But what I really want is to keep doing things to help injured people with their money. A financial guru once called me a “financial evangelist.” I think I am more like a financial pastor or minister. I want to comfort the injured and help them heal. I also want them to hang on to their money. Thus, when they start going after the top one percent, I want to make sure that my clients are not the one percent of people they are going after. I want Congress to go after Wall Street but have found that Wall Street have a lot better lobbyists than injured people do. I’ve been encouraged that injured people will benefit from health care reform. I’ve spent the past few months becoming immersed in the nuances of the new health care reform act. I’ve read all 1990 pages of the law several times. After months of study, I understand it. I see how it helps people I want to help. If you like the law, you call it health care reform, if you don’t like it, you call it Obamacare. Before I took the time to really study the legislation I called it Obamacare. I encouraged my Democratic Congressman to vote against it, which he did. Now I am calling it health care reform. It is going to turn the medical system upside down. I don’t know how we will pay for it but I see where it truly helps injured people. Some of the reforms are coming to place now, before 2014, and I am learning how to use them to help my clients. When you dig into the details of the law, you see how health care reform empowers people who have been shut out or minimized by the health care system. It promotes wellness and good health. That’s not such a bad thing. I can also see the new law, along with the bailouts and stimulus packages of recent years, putting a huge strain on the federal budget. There have been calls of “tax reform” to pay for the looming larger deficits. I’ve learned one thing from watching Washington. Whenever there is a “reform” or “call to sacrifice” it is the little people who are supposed to do the sacrificing. Wall Street gets paid back 100 cents on the dollar. I can see reforms, aimed at the “one percent,” actually hitting people like my clients who are using their resources for medical care and a better quality of life. I don’t mind taxing a Wall Street banker’s second yacht or third vacation home. I don’t want them taxing a client who wants to buy a lift for his wheelchair. It’s simple to aim focus at the top one percent of income earners and assume they are all doing something wrong. It’s more complicated when you add in people who got to the one percent by having a drunk driver smash into their car and kill their family. When we start talking about the “one percent,” we need to think about the one percent of society who are hurting and need government assistance and help. And make sure that help is provided. Don McNay, CLU, ChFC, MSFS, CSSC is the bestselling author of the book, ‘Wealth Without Wall Street’; McNay, who lives in Richmond, Ky., is an award-winning financial columnist and Huffington Post contributor. You can learn more about him at www.donmcnay.com. He is the Chairman of the Board for the McNay Settlement Group (www.mcnay.com) which provides structured settlement consulting for injury victims, lottery winners, and the families of special needs children. McNay founded Kentucky Guardianship Administrators LLC, which assists attorneys in as conservators and setting up guardianships. It is nationally recognized as an administrator of Qualified Settlement (468b) funds.

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SaraKay Smullens: Mad Men Was Beyond Maddening: A Season Five Betrayal

March 27, 2012

OK, fellow lovers of nostalgia. We know just who we are. We are those who love to put our feet up for terrific diversion — knowing in Mad Men we will experience phenomenal style and extraordinary period accuracy over substance — and so what! For four seasons we have lived with cardboard figures who manage to typify a time when many believed that barriers finally broken could lead to a more humane population. We visit the furnishings and fashions of this time, kicking ourselves for not saving that brooch, lamp, chair, dress or those shoes or earrings. Those of us with daughters in their twenties and beyond call to discuss all about Mad Men or watch it with us. They scream out in mock horror when we say that we had a dress we did not keep which was exactly like Betty Draper’s, and have the photos to prove it. Oh, what fun! Oh, what luxurious diversion!! And these discussions sometimes even lead to substance: How has America evolved? How have we addressed our challenges? How should we? What has changed, and what has not? And even — Can ideals ever become more important than materialistic emptiness? Then finally Sunday evening, March 25th arrived, our “supposed” two hours of the beginning of Season Five’s Mad Men . This was an evening we have been anticipating for 17 (we counted!) months. We would finally see Joan with her wee one, not fathered by her baby/bully surgeon husband, but instead by her baby/bully Madison Ave. boss. We would learn at long last learn about Betty and Sally and Pete and the rest. We would once again be whisked away to this particular time capsule of adultery, identify theft, betrayal, racism and sexism, as well as the impact of imposed cultural norms on family relationships and individual fulfillment. There we were in anticipation, feet up, pillows propped, popcorn popped, mother and daughter and friend to friend conversations waiting. And what did we get? Relentless commercials, growing into every five minutes as the second hour progressed. The intrusions were merciless, causing what was a dull two-hour experience seem even duller. Those in charge surely know the precise timing of this degrading insult to loyal viewers. There we sat, like the manipulated buyers of the products foisted by the “I don’t give a damn just so the money rolls in” crew at Sterling Cooper Draper Pryce. Yes, considering the realities of corporate life, on the screen and off, perhaps we were naive to expect respect for our long and loyal wait. Still, shame on those who developed and allowed this financial strategy. They would have been far wiser to curtail their greed, understand that enough can and should be enough, and that on screen and off people can get angry, very angry, when taken for granted and manipulated. Follow SaraKay on twitter at SaraKay1710

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Marc Stoiber: From One Virgin, Countless Social Entrepreneurs Are Born

March 27, 2012

Richard Branson is an entrepreneur who understands how business can shape a more sustainable world. Consider this quote from his book Screw Business As Usual : “Never has there been a more exciting time for all of us to explore this great next frontier where boundaries between work and purpose are merging into one, where doing good, really is good for business.” It’s an exciting message made real by people like Jean Oelwang, CEO of Virgin Unite. The company , working with Branson and 200 Virgin businesses across 15 countries, has a mandate to “connect amazing people and great ideas to make positive change happen in the world.” At the GLOBE 2012 Conference , Oelwang and I chatted about how Virgin is spreading both its infectious brand of entrepreneurial zeal and its mission to lessen our impact on the planet. One example that sparked my imagination was the company’s unique take on an incubator for entrepreneurs. In holiday destinations like the Caribbean, authentic experiences are becoming the new currency. But local entrepreneurs with great ideas seldom have access to the capital, training or leadership skills that would give their innovations the credibility tourism operators demand. To counter that, Virgin Holidays, Virgin Unite and local partners like Chris Blackwell built the Branson Centre For Entrepreneurship Caribbean . The Centre’s goal is to create local economies that sustain themselves as they protect both social equity and the environment — building a valuable supply chain of smart, proud local entrepreneurs in the process. The end effect is a Caribbean that remains an authentic, vibrant destination, filled with interesting businesses, a thriving sense of community, and a protected environment. “A focus on people is core to our brand” says Oelwang. “Our challenge is finding the great entrepreneurs wherever we are, and levering them to create entrepreneurial solutions to big problems.” Oelwang understands that people want to change their own community for the better, instead of having someone do it for them. By harnessing this insight effectively, Virgin Unite is creating benefits that radiate on a global scale. A Global Entrepreneurial Idea Jam A few years back, IBM conceived the idea of Global Idea Jams . These online events connected creative thinkers around the world to work out solutions to pressing issues. The events were brilliant showcases for IBM’s formidable networking know-how. But they also generated tremendous volumes of ideas – the lifeblood of any forward-thinking company. Oelwang believes Virgin Unite’s work in seeding successful entrepreneurs in places like the Caribbean will have a similar effect on Virgin. “We’re breaking down silos and reaching out to entrepreneurs around the world. And they’re rewarding us with solutions that have a true global perspective.” Not only is an innovation funnel filled with unique global ideas a boon to the brand — it’s also key to survival in a culturally chaotic world. In my writing on futureproof brands, I describe five factors that enable brands to survive an uncertain future. The key is mining insights developed from real consumer needs. These needs must be universal, and pressing. Virgin can tap a world of these insights through its global network of budding entrepreneurs. Lessons To Marketers 1. One idea good, many ideas better — There is no ego in innovation. Creating a powerful network of idea generators is your guarantee of relevance into the future. 2. Think holistic — Virgin’s Branson Centre For Entrepreneurship Caribbean builds strong local communities and economies – vital to a thriving tourism industry. Are you protecting your golden egg, or leaving its survival to chance? 3. Do good, do well — The world of business is evolving into one where you do well by doing good. As Jean Oelwang and Virgin Unite prove, this perspective can also help build a potent brand.

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Karen Steuer: Where Have All the Farms Gone?

March 27, 2012

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

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

March 26, 2012

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

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Dean Baker: The Paul Ryan Rorschach Test

March 26, 2012

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

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Soren Petersen: ROI on Design and Risk Reduction

March 26, 2012

Co-written by Jed Simms. Creating innovative products is fraught with risk due to the inherent gap between the knowledge one has and the knowledge one needs to make good decisions. Usually one knows only 5 percent of what is needed at the stage where 70 percent of the product’s cost is determined. At this juncture, one has to make a qualified bet on the design team’s ability to close the gap faster than the money is being spent. Fortunately, there is some predictability, since return on investment (ROI) and risk go hand in hand. Small incremental investments in product improvements offer small rewards at a low risk where market and technology are known, while breakthrough innovations have the potential of offering huge rewards along with large investments and potentially scary risk. With only a vague sense of the odds, this may look like pure gambling. However, unlike roulette, product development has four winning strategies that, when combined, vastly improve the return on investment. Applying the four steps: (1) Business definition, (2) Portfolio management, (3) Hedging product concepts and (4) Managing process, ROI in design is effectively managed, execution and market risk is systematically reduced while real ROI becomes transparent, measurable and controllable. One — Stating and agreeing upfront on what the new business-as-usual end states are to be and how the results are to be made operational, in clear specific measurable terms is the most important step to optimizing ROI. This is accomplished though formulation of a dynamic and inspirational design brief for the projects considered, describing how projects fit with the corporation’s strategy. The briefs describe the desired outcomes of nine design quality criteria: strategy (philosophy, structure and innovation), context (social/human, environmental and viability) and performance (process, function and expression). Formulating the brief requires all stakeholders to convene and consider potential options in business outcome terms and then co-create a brief that is flexible enough to adjust to changes in assumptions, new learning as well as to solidify the team and inspire action. Creating a brief is actually a small design specification project in itself for management to conduct. Two — Product portfolio management, like any investment portfolio, is balancing one’s portfolio for long-term ROI, determining which projects to initiate in the first place. This can be accomplished by spreading the corporation’s investment into combinations of low and high market and execution risks. The right mix depends on the dynamics of the market and the strategy of the corporation. Three — Option management by segmenting the product development process into a number of phases, small steps where investment is made for one phase at a time, each phase reducing risk though prototyping and testing. In addition one can hedge one’s risks by investing in parallel alternative designs during a phase and then pick the most promising product concept at its end for further development. Four — Comprehensive risk/reward focused project management is the strategy for translating the brief into real-time decisions and actions — it is where the rubber hits the road. As with rally driving, mastering project management takes lots of practice in holding the original business outcomes in mind while continuously managing activities and optimizing the allotted time and cost to meet the expected quality. Besides doing all of the above well, the key to totally optimizing ROI and risk is to recognize when the team has discovered unanticipated hurdles or unforeseen game-changing opportunities. Communicating these changes to management is crucial so they can reassess their investment, take advantage of the situation and plan outcomes to optimize the resultant ROI. As in life, luck in new product development is when opportunity meets preparation. Not just once, but every month, week, day and sometimes every hour. Long-term superior ROI is achieved when direction, preparation and execution is consistent and is clearly communicated to all project participants. Special thanks to Jed Simms for researching and co-writing this article.

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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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Ciara Torres-Spelliscy: Could Connecticut Be the First to Get Serious About Shareholders Rights Post-Citizens United?

March 26, 2012

Connecticut may be the mouse that startles the lion. Connecticut is a small state, but it has a strong record of leadership in addressing the trouble posed by money in politics. Now Connecticut may be the first state to take shareholder protections seriously post-Citizens United. After a governor went to jail for corruption charges for accepting gifts from state contractors, Connecticut decided to regain its good name by getting serious about campaign finance reform. The Legislature pushed the reset button by adopting a ground breaking public financing system as well as pay to play restrictions on state contractors in 2005. Also in 2010, it adopted beefed up disclosure requirements, which require political ads to show the top five donors. This small change brings more transparency to the Connecticut elections than exists almost anywhere else in the nation, including federal elections, which are still hopelessly dark. Now in 2012, Connecticut could break ground again by requiring shareholder approval of corporate political spending. A bill pending in the Legislature would adopt this change. As I testified this morning, such a new Connecticut law would follow a best practice that has existed for a dozen years in the U.K. under the Companies Act that requires a shareholder vote to approve future political spend by U.K. companies. Citizens United v. FEC (the 2010 Supreme Court decision) allowed corporate political spending in all of the states and federal elections. Connecticut was one of a score of states that had banned corporate money from their elections. Citizens United stripped Connecticut of its ability to protect its elections from this type of spending. But Connecticut can still take steps to protect shareholders in companies that are now free to spend in Connecticut’s elections by requiring a vote by shareholders before money is spent in an election. Here, Connecticut is building on the work of its sister states Iowa, Missouri and Louisiana, which each require board approval before corporations can spend it their elections, as well as Maryland, which mandates disclosure of political spending directly to shareholders. Connecticut is in a federal circuit that is open to strong money in politics laws. For example, the Second Circuit recently upheld New York City’s ban on corporate political contributions and the City’s robust pay to play laws. In his concurrence upholding New York City’s laws, Second Circuit Judge Calabresi had these choice words referencing the Bible, about the trouble with money in politics in America today: The wider the economic disparities in a democratic society, the more difficult it becomes to convey, with financial donations, the intensity of one’s political beliefs. People who care a little will, if they are rich, still give a lot. People who care a lot must, if they are poor, give only a little. Jesus’s comment about the rich donors and the poor widow says it all. Today, the amount of an individual’s campaign contribution reflects the strength of that individual’s preferences far less than it does the size of his wallet. Given this and other recent opinions, the Second Circuit would likely defer to Connecticut’s legislative judgment. And even Citizens United itself spoke approvingly of shareholders holding corporations accountable for their political spending. As Justice Kennedy wrote, “With the advent of the Internet, prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions… Shareholders can determine whether their corporation’s political speech advances the corporation’s interest in making profits.” Connecticut has a clear path forward with the blessing of the Supreme Court. They can adopt a requirement that shareholders get a say on politics. With any hope, Connecticut can be the mouse that roars, exhibiting national leadership in this post-Citizens United America. Ciara Torres-Spelliscy is an Assistant Professor at Stetson University College of Law where she teaches Election Law and Constitutional Law. She is the Co-Author of “Shareholder-Authorized Corporate Political Spending in the U.K.” which is available here .

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LearnVest: Who Are America’s 6 Richest Women?

March 24, 2012

Forbes’ comprehensive list of the world’s billionaires (there are 1226) came out recently, and we were curious — are there women on the list? Turns out, there are. Yes, men far outnumber the ladies. But starting at number 11, women help fill out the ranks of the fabulously wealthy. Where do these fortunes come from? Uniformly, these top six women have shrewdly managed the companies and fortunes handed to them by husbands and fathers. But most of these women have put in their own hard work into these companies to grow them, especially the woman who is now president of Fidelity Investments. (Because women do make better investors !) Of course, it took a few generations for these fortunes to build up, and many of the male billionaires on Fortunes’ list are, well, advanced in age, having worked hard for their wealth over a lifetime. We’re looking forward to a few years down the road when the list is populated by many more women and their own companies, instead of those founded by the the men in their lives. After all, the founder of Spanx just broke into the billionaire list . Who knows what kind of riches she’ll have by the time she retires? Learn more about some of the richest women in the world: 6. Laurene Powell Jobs Estimated net worth: $9 billion Rank: 100th richest person in the world, 36th richest person in the U.S. Age: 48 Why she’s rich: She’s the widow of Steve Jobs. Lives in: Palo Alto, California 5. Abigail Johnson Estimated net worth: $10.3 billion Rank: 85th richest person in the world, 33rd richest in the U.S. Age: 50 Why she’s rich: She owns and runs Fidelity Investments with her father, Edward Johnson III. Lives in: Milton, Massachusetts 4. Anne Cox Chambers Estimated net worth: $12.5 billion Rank: 61st richest person in the world, 25th richest in the U.S. Why she’s rich: She is the primary owner of the media empire Cox Enterprises, which was founded by her father James M. Cox. Lives in: Atlanta, Georgia 3. Jacqueline Mars Estimated net worth: $13.8 billion Rank: 52nd richest person in the world, 22nd richest person in the U.S. Age: 72 Why she’s rich: She’s the granddaughter of Frank C. Mars, the founder of the candy company Mars, Inc. Lives in: The Plains, Virginia 2. Alice Walton Estimated net worth: $23.3 billion Rank: 17th richest person in the world, 9th richest in the U.S. Age: 62 Why she’s rich: She’s the daughter of Walmart founder Sam Walton. Lives in: Fort Worth, Texas 1. Christy Walton Estimated net worth: $25.3 billion Rank: 11th richest person in the world, 4th richest in the U.S. Age: 57 Why she’s rich: She’s the widow of John T. Walton, the son of Walmart founder Sam Walton. Lives in: Jackson, Wyoming More From LearnVest Want to get on this list? Learn from other women in our Entrepreneurship 101 series. Women tend to top out on raises at 37. Don’t let this happen to you ! Oh joy. Women tend to make more money than men …. in occupations like shoe shining and house sitting . This story originally appeared on LearnVest.com .

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

March 23, 2012

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

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Martha Burk: No More Bull: What Women Need to Know About the Economy and Why it Matters in 2012

March 23, 2012

“It’s the economy, stupid!”  That was the rallying cry for the Clinton campaign in the 1992 presidential election.  It’s even more true today. With the U.S. suffering from the effects of a long and painful recession (I know, I know — it’s technically over) — the economy is the number one issue for women and men alike going into the 2012 elections. But women arguably have a bigger stake. They lost more jobs as the downturn continued (men lost more in the beginning), and have gained far fewer back as employment slowly and painfully inches up. On top of that, women earn less in the first place, hold more forced part-time or temporary jobs, and have fewer benefits. All of that adds up to a compelling reason to understand and pay attention to the economy. And we’re not stupid — we’re just mad as hell — and who can blame us? The temptation is just to vote ‘em all out of office.  Women are the majority of the population, of registered voters, and of those who actually go to the polls — meaning women can control any election.  But voting doesn’t help (and can actually hurt) if you can’t cut through the mumbo-jumbo of political rhetoric to get to reality.  That’s where being “well informed and well armed” comes in.  When you know what to ask of candidates, and which answers mean something and which are just bumper-sticker reasoning, you’ll know where your vote belongs — and where it doesn’t. Go ahead and be partisan — not for a political party, but for your own interests. The Deep Divide — What Can Government Do? What Should Government Do?   When the economy slips into a recession or near-recession as it did in early 2008, both political parties get nervous, and propose various “fixes” to get more money into circulation and stop the downward spiral. (It’s unclear whether they’re feeling the people’s pain, or feeling the pain of trying to get elected in a downturn). Debate over how to produce a healthy economy goes to the very heart of the liberal/conservative philosophical divide. Conservatives put their faith in the business sector and the wealthy, while liberals and progressives believe government has a more direct role. From the day he took office in 2001, President George W. Bush had one solution to virtually every economic problem — tax cuts primarily benefiting the wealthy. His philosophy was a simple-minded version of conservative arguments in general: If corporations and the wealthy individuals who fund them through investments pay lower taxes, they will invest those tax savings in ways that will create jobs, such as building new plants, acquiring new subsidiaries, or expanding product lines. Businesses will direct money to suppliers, contractors and employees to accomplish these goals. Everyone will have more money to spend and the economy will grow. Trickle Down, or Trickle Up?   This theory has been generally referred to as “trickle down,” or “supply side economics,” meaning change made at the top of the wealth pile eventually makes its way to workers at the bottom. Corollaries are that private enterprise is always better than government spending, and the less government interferes in the “free market” through regulation, the better. Liberals and progressives believe that putting money in the hands of those that actually need it to live on is a better plan to keep the economy going — because they spend more of what they have instead of just adding it to investment accounts. Low and moderate income people have to spend it all, every month, just to buy the basics. They hold the principle that in a recession, money should be injected into the economy as fast as possible. Progressives also believe that the government can have a positive influence on economic growth through spending tax dollars. They would create some jobs by repairing infrastructure such as roads and bridges, funding green energy research and development, hiring more teachers, police, and firefighters, and restoring government services that have been cut. Fallout for Women   One big factor in both the rise of the Tea Party and the debate over the debt ceiling that almost shut down the government in 2011 was an attack on public sector jobs and public sector unions.  In addition, federal budget cuts and the lack of tax revenue in the states has contributed to the shrinking of public sector jobs. Because firefighters and police are often exempted from these layoffs, the axe has fallen mostly on women, who make up the majority of teachers, health workers, child care workers, and public welfare workers. An analysis by the Institute for Women’s Policy Research (IWPR), in Washington, D.C. found that women employees lost 81 percent (473,000) of the 581,000 jobs lost in the public sector from December 2008 through July, 2011. Though job growth for everyone is recovering very slowly, it is slower for women than for men. According to the Bureau of Labor Statistics, women have regained only one out of five (536,000 or 19.7 percent) of the total jobs they lost as a result of the recession, while men have gained almost one out of three (1.95 million or 32.3 percent).  In the last year, from November 2010 to November 2011, of the 1.6 million jobs added to payrolls, 474,000 or 30 percent were filled by women and 1,126,000 or 70 percent were filled by men. The Big Argument for 2012   The economy promises to be the most contested issue in the 2012 elections, from the race for the White House to down-ticket congressional, gubernatorial, and even local races. The fundamental differences between the parties, and liberal/conservative ideology, remain as entrenched as ever. Because the “super committee” created by the 2011 Budget Control Act failed to come up with additional cuts in the name of deficit reduction, the law provides for automatic spending cuts (called “sequestration”) of $1.2 trillion to kick in in January 2013, divided equally between defense and non-defense programs. Some believe the committee never intended to come to agreement, because members on both sides believed the threat of automatic spending cuts would be politically advantageous.  Regardless of whether this is true, the issue is likely to dominate the 2012 political debate — and women have the most to gain. Or to lose. This post was adapted from “No More Bull: What Women Need to Know About the Economy and Why It Matters in 2012.”

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

March 23, 2012

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

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

March 23, 2012

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

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Carol Roth: Using Mobile Content Effectively

March 22, 2012

As technology evolves at a breakneck pace and new tools are created to reach and connect with customers, many businesses are losing focus on how to effectively utilize the tools to drive the results they are seeking. As a business, you have to think about more than just the tools, you have the think about your audience and context. This becomes even more important as customer touchpoints and interactions increase. For example, let’s take QR codes. Say that you are using a QR code in an advertisement or even a window display. There are two pieces of context that you must take into consideration. The first is that your potential customer, should they scan the code, will be using a mobile device to retrieve information. Therefore, any information that is linked to that code needs to be mobile-ready. Second, is that if they are scanning the code, they have already gotten some information that is interesting enough for them to want to learn more. As Greg Slapp, CEO of leading free QR Code generator QRStuff.com said: Once a customer pulls out their smart phone to scan a QR code, they want to continue the conversation, not start it over from scratch. Far too many businesses don’t think about the logical next call to action once a code is scanned. They often take a customer back to a web home page or other information that repeats the same information the customer learned before scanning the code to begin with. This is very ineffective. So, what does this mean for your business and its mobile efforts? It means that you need to design a strategy where your collateral introduces a concept that is worthy of the customer taking action (i.e. scanning), Then it means that your web presence needs to be mobile friendly. Remember, the only gateway to your offer is through the smartphone, so once a customer engages with his or her phone, the information should be accessible in a mobile-compatible format. Finally, continue the dialogue. Know what collateral is driving the interaction and move the customer to the next logical step, whether that is delivering next-level information or letting the customer consummate a purchase without having to go back to square one. Don’t repeat what you have just told them to get them to scan the code in the first place. If mobile engagement is going to work, you have to move past the form of the tool to get into the nitty-gritty of its function and relevance to your business and your customer.

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

March 22, 2012

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

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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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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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Daniel J. Graeber: Iran Tries Brotherly Love in the Persian Gulf Oil Game

March 22, 2012

The Iranian government said if its diplomatic efforts with its “brother,” the Kuwaiti government, didn’t bear fruit, it would work to develop a shared oil field by itself. Iran, which ranks among the top 5 of OPEC oil producers, claimed it was getting more oil out of shared fields in recent years. Yet, with Kuwait allied with the United States and working more closely with Iran’s long-time rivals in Riyadh, it’s unlikely there will be any brotherly love in the Persian Gulf anytime soon. Iranian authorities announced they were hoping “positive diplomacy” would convince the Kuwaiti government to work bilaterally in the Arash/Dorra oil field in the Persian Gulf. The reserve capacity of the field is estimated in the hundreds of millions of barrels and Tehran claims production in shared oil fields had increased about 10 percent compared to the last calendar year. If Kuwait didn’t reciprocate, Iran said, it would go it alone in its portion of the oil field. Dorra, as the Kuwait side of the oil field is called, is governed by the terms of a joint venture between Kuwaiti and Saudi oil companies, however. Both sides are moving closer to the preliminary steps needed to develop the field. Iran and Kuwait, for their part, can’t seem to agree on a maritime border and while Tehran may, on paper, consider Kuwait to be its “brother,” nothing could be further from the case with its relationship with Riyadh. In 2009, long before the Arab Spring, Iran was accused of providing military assistance to Houthi rebels, a Shiite opposition group in Yemen. Conflict in northern Yemen had threatened to spill over across the Saudi border shortly thereafter, suggesting a proxy war was on the horizon. Nearly three years later, Riyadh tried to pin the blame for unrest in its oil-rich Eastern Province on the Iranians. Now, apart from a steady series of military drills in and around the Persian Gulf, Tehran appears to be using oil and natural gas as a tool to gain political capital in the region. Pakistan has already bucked U.S. sanctions through its support for a natural gas pipeline from Iran. Survival is proportional to power and Iran may be working on the margins of its diplomatic circle in an effort to sustain any sort of regional dominance. Islamabad is already frustrated with its U.S. partnership in part because of counter-terrorism operations in the region. But Kuwait is a largely Sunni state that counts the United States as an ally. Last year, the kingdom traded jabs with Tehran over an alleged spy ring so it’s doubtful that energy will heal any wounds. While Iranian crude oil continues to flow in the world market, the Islamic republic likely faces isolation in the Arab world. Daniel Graeber is a senior journalist at the energy news site Oilprice.com . He is a writer and political analyst based in Michigan. More of his articles can be found on his Authors page at Oilprice.com Follow Oilprice.com on Twitter @OilandEnergy and join us on Facebook . To stay on top of important articles and research with our free private members service, sign up to the Oilprice.com Intelligence Report here .

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Ray Brescia: Trust, but Verify: Recent Revelations Make the Case for More Responsive, and Responsible, Banking

March 22, 2012

The recent resignation confessional by a (now) former Goldman Sachs executive offers just the latest insight into the way that some bankers may view their customers: as a means to higher bank profits, regardless of what is in the best interests of those clients. Greg Smith, a former Goldman Vice President, suggests that the practices at Goldman risk jeopardizing customer trust in the institution. But the allegations about the culture at that investment bank are just the most recent of a stream of embarrassing revelations about bank practices to have come to light in recent years, allegations that suggest that banks have a lot of work to do to improve their image, let alone to do right by their clients. In order for banks to be trusted, they must be trustworthy, and what customers need today are mechanisms for gauging the extent to which banks are engaging in responsible practices, the types of practices that could prevent the next financial crisis and lead to greater trust by the general public in those institutions. Several municipalities across the country are exploring the possibility of adopting so-called “responsible banking ordinances,” and such legislation could help serve as a means by which local governments, and even individual consumers, can ensure that the banks with which they do business engage in practices designed to promote sustainable economic development and not simply bank profits. The revelations contained in the former Goldman executive’s missive were not the only ones about bank practices coming to light last week. Last Monday, the Inspector General of the Department of Housing and Urban Development released the results of investigations into the foreclosure practices of five of the biggest banks. Each of these studies revealed that the banks failed to have the internal controls necessary to prevent so called “robo-signing”: the widespread falsification of documents related to foreclosures of allegedly delinquent borrowers. These new reports show that bank officials and their lawyers routinely fabricated documents in thousands of foreclosure cases, and that these banks did not have a systematic way of ensuring these practices did not occur. The report regarding JP Morgan Chase revealed that the bank even shut down its quality control division precisely at the time when foreclosures were heating up. With Wells Fargo, low-level bank officials raised their concerns about the banks’ foreclosure practices with higher ups within the bank. But the bank didn’t just ignore those concerns. No, it went ahead and made the bank’s procedures even more streamlined: read, they cut even more corners instead of requiring more stringent controls and more careful practices. Of course, in a bygone era, banks cultivated long-term relationships with those that borrowed from them. In the fast-paced world of mortgage securitization that reigned during the mid-2000s, however, customers were a means to an end, and robo-sign practices were simply a symptom of that culture. Instead of trying to modify mortgages and work with borrowers in distress, banks tried to process tens of thousands of foreclosures, cutting corners and playing fast and loose with the rules. Some may argue that the robo-sign scandal is a mere distraction from the fact that the borrowers impacted by these shoddy practices probably were in debt anyway, and should face foreclosure even if all of the legal niceties were not followed in every case. But HUD’s findings seem to suggest that we really have no idea the extent to which borrowers were really in debt; in one analysis of 36 mortgage records, HUD found that in 35 of these cases it could not confirm the bank’s allegations about borrower indebtedness. These revelations of bank practices in the lead up to and wake of the financial crisis are similar to other reports that have come to light in recent years about the ways in which banks sometimes treat their customers. Last year, the Securities and Exchange Commission agreed to settle several investigations against some of the biggest investment banks, including Goldman Sachs, in which those banks were accused of rigging mortgage securitization deals to help some clients at the expense of others. Essentially what the SEC accused the banks of doing was setting up mortgage pools that were loaded with such flawed mortgages that they were doomed to fail from the outset. But these mortgage pools were securitized and hawked to some of these banks’ customers nevertheless. Why? So that other bank customers could place wagers, in the form of credit default swaps, that the mortgages would go belly up. And the banks were typically paid fees on both sides of the transaction — by the customers unwittingly investing in the pools that were designed to fail and those who would take positions that the pools would do just that: fail. For the banks it was, I guess, good work if you could get it. Another example of a bank apparently treating its customers with contempt emerges from the fair lending context. Smith’s piece charges some of Goldman’s employees of referring to its customers as Muppets. At Wells Fargo, it appears, the names it called its customers were not quite as cute and fuzzy. At the height of the subprime mortgage frenzy of the last decade, subprime lending had a distinctly racial tinge . African-American borrowers, with similar economic profiles as White borrowers, were nearly twice as likely to be steered into subprime loans as their White counterparts. In a series of lending discrimination lawsuits filed against Wells Fargo, affidavits of former employees allege that bank officials routinely referred to African-American borrowers as “mud people” and subprime loans as “ghetto loans.” Those lawsuits, filed by the Mayor and City Council of Baltimore, M.D., and by the City of Memphis and Shelby County, TN, have moved into the phase of the litigation where the plaintiffs will have access to bank records, emails and other internal correspondence. It is possible that only more damning evidence will surface. Of course, the borrowers for whom bank officials appeared to have such deep contempt are usually called something else: customers. All of this evidence points to the need for individual and institutional investors to have a means to hold banks accountable for their conduct, a method by which they can measure the trustworthiness of banks. At the urging of groups like New Bottom Line and the PICO National Network , several major cities, including Boston, Chicago, San Jose, CA, and Portland, OR, are exploring adopting responsible banking ordinances. The Association for Neighborhood and Housing Development is promoting such an initiative in New York City. The Los Angeles City Council has already set the stage for the full adoption of such an ordinance by directing the city attorney there to draft appropriate legislation for the City of Angels. Generally speaking, these ordinances direct banks to report on their lending, investment, and services, such as their branch network and foreclosure practices within city limits. Cities then can respond to those reports by investing city-controlled funds — pensions, operating fund accounts, etc. — with those banks engaged in responsible practices: i.e., those that enhance, and not destroy, long-term and sustainable community economic development. Think of it as a ” Move Your Mone y” campaign for the institutional investor. Whether these ordinances take hold in these and other communities across the country, and whether they can really have a long-term impact on bank practices, remains to be seen. In any event, to the extent they shine a light on bank practices, foster a dialogue about them, and enhance the ability of city officials and other investors to develop metrics by which to gauge the responsible — or irresponsible — nature of such practices, they can only lead banks to be more responsive to their customers, especially their large, institutional ones. Is there a need to make banks more responsible citizens, and more responsive to their customers’ interests and needs? It would appear that the timing could not be better for such efforts. And responsible banking ordinances are a modest way to shed light on — and maybe even improve — bank practices, one community at a time.

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Ann Tran: TweetMyJobs and Social Recruiting

March 21, 2012

Co-written by Glen Gilmore. As America climbs out of its worst economic crisis since the Great Depression, many platforms are being created that connect businesses with the prospective employees who can complement and enhance their workforce. One such platform is TweetMyJobs , a successful firm that has fundamentally changed the way jobs are searched online. Named by PC Magazine as one of the “10 Best Job Search Websites,” they are what you would call a true pioneer in “social recruiting.” “Social recruitment,” the practice of using social networks as a platform for matching job openings to job seekers, is a phrase of relatively recent vintage, though it as a practice that many companies are working hard to tap into. Panero, Tiffany & Co., Radio Shack and Verizon, among others, are ahead of the curve, and use TweetMyJobs’ services to recruit employees. TweetMyJobs’ impressive online infrastructure has also caught the eye of the White House, local politicians and even tech enthusiasts. These contacts have helped enhance its ability to employ Americans workers using the ever-increasing power of social networking. Its groundbreaking agreement with the City of Atlanta further illustrates this point. Its Twitter profile proudly proclaims, “We’re the leading social recruitment and job distribution network, working hard to match job seekers with employers.” From its tweets and its activities, it seems that it just may be. TweetMyJobs’ visionary CEO Robin D. Richards granted us an exclusive interview. TweetMyJobs had more than 2 million interactions on Twitter with job seekers and businesses last year. That’s a tremendous number, confirming just how popular social recruiting has become. Social recruiting is all about distribution in real time. Job seekers not only want highly relevant job matches, which we provide, but they want them wherever they are (on any device — be it e-mail, text message or on social networks like Twitter) and whenever they please — instantaneously, daily, weekly, etc. That’s the power of social recruiting. Great job matches, where you want them, when you want them. Your firm was asked by the Obama Administration to help with its jobs initiative for military and young adults. How did that come about? We were very proud and honored to be selected as one of the partner technology companies for the Joining Forces Initiative . We were introduced to the CTO of the United States through our contacts at Twitter and made a commitment, along with a number of other technology companies including Simply Hired, LinkedIn and Google, to help the initiative. We contributed by making job listings easier for veterans of the armed forces to find through TweetMyJobs, as well as establishing veteran-specific job channels on Twitter for every state and major metropolitan area, a special landing page for veterans to find and follow these job channels, and custom notification alerts for veteran committed jobs. Explain how the TweetMyJobs ground-breaking agreement with the City of Atlanta came about, and what it entails. We have embarked on a public-private partnership with Mayor Kasim Reed and the City of Atlanta, focused on connecting local businesses with city residents seeking employment. The initiative is ground-breaking, as Atlanta is showcasing its role as an early adopter and forward-thinking city by leveraging the power of social networks and mobile distribution to help combat unemployment — as well as to help employers and job seekers use a new platform, at no cost to either the job seeker or the employer. In addition, the City of Atlanta Jobs Platform will deliver robust analytics to city officials. This data will provide government leaders with hyper-local insights that can help steer key strategic decisions to foster future job growth and enhance relations among the government, employers and citizens. It’s a win-win for all involved. You’ve expressed a strong interest in taking the framework of the Atlanta partnership to a national level. Any recent developments that you can share that are moving this one step closer to reality? We’ll be making another announcement very soon. Governments, on a local and national level, truly have enormous power to help bridge the gap between the jobs their residents are seeking and the positions available in their regions. We’re proud to power these initiatives as the technology platform that puts these great policy ideas into action. Watch this space for more announcements soon. How can social media in general embrace this type of jobs-and-recruiting platform? The key to making any technology platform a success is continued engagement and awareness. Whether that’s an influential politician like Kasim Reed tweeting to his constituents or spreading the word at his annual State of the City address to thousands of attendees, an e-mail campaign to job seekers, or posts on Facebook and Twitter, when there’s such an important cause at stake — jobs in this country — then it’s up to us as a social media community to spread the word and make sure that employers and job seekers don’t miss out on these innovative, new social platforms in the career space. This infographic video below, courtesy of TweetMyJobs, illustrates their commitment. WATCH : For more information on TweetMyJobs, friend them on Facebook , and follow them on Twitter .

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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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