Tampilkan postingan dengan label Corruption. Tampilkan semua postingan
Tampilkan postingan dengan label Corruption. Tampilkan semua postingan

Selasa, 12 Juli 2011

Brighton Police Covered For Wife Beating Fireman

Randy Cleveland, is a "Brighton[, Colorado] firefighter faces more than a dozen charges, including sexual assault, domestic violence and child abuse, after allegations of years of attacks on his wife."

Cleveland is an abusive husband straight from central casting. He physically and emotionally harms his wife, he sweet talks police officers into doing nothing out of respect for his position as a firefighter, he stalks his wife in a motel where she had fled from him, he threatens to kill puppies.

Police took no action in response to at least three 911 incidents when they responded to the house.

[The wife] called Brighton police last Oct. 15. That day, she alleged, arriving officers "high-fived" Cleveland, and after she told the officers that the abuse that day was verbal, not physical, they decided to have her stay in a hotel for a couple of nights. No charges were filed.

The first contact that was made with the Adams County DA's office also trivialized the allegations. Eventually, an uninvolved prosecutor in the DA's office learned of the case from the wife at church, intervened, and managed to get the case turned over to Boulder's District Attorney acting as a special prosecutor, who is prosecuting the case vigorously.

Brighton police initially took the case to the Adams County district attorney's office, but no charges were filed then either. According to District Attorney Don Quick, the investigating Brighton officer portrayed the allegations as a situation of "he said, she said."

"At the time, there were not injuries apparent or made note of by the officers," Quick said.

Later, however, the woman told another of his prosecutors about the abuse during a conversation at church, and Quick asked Garnett's office to investigate.

A Boulder investigator took over the case May 11, and eight days later a magistrate judge signed an arrest warrant for Cleveland.

It is a little hard to tell if the Brighton police are solely at fault in this scenario, or if at least some deputy DA in the Adam's County DA are also at fault from the facts reported so far.

It bears all the marks of a police cover up, which John Bradley, the spokeman of the Brighton Police denies emphatically with about as much credibility as Gaddaffi's absurd broadcasts from Tripoli claiming that everything is peaceful and happy, and that he is in control.

Adams County has previous brought us instances of gross corruption in road contracts managed by the county commissioners, improperly adjustments of property assessments for contributors to the county assessor, and improper diversion of funds by the treasurer of the county's Democratic party organization. Adams County is a blue colar, Democratic leaning Northern suburb of Denver and Brighton is the fast grown Levittown style suburb that is the county seat.

Still, Adams County is hardly exceptional. Corruption is bipartisan in Colorado. Republicans in Jefferson County (a middle class suburb west of Denver) have been a hotbed of questionable conduct and resulted in the prosecution of its treasurer for kickbacks (IIRC he was acquitted after a mistrial the first time around), Republicans in Araphahoe County brought us neopotistic, sex crazed Tracy Baker as Clerk and Recorder, and a DA who has been sanctioned by unethical conduct while in office by the state supreme court and made other negative headlines for questionable conduct like conviction incentives for prosecutors. The former Larimer County Republican Party chair was just arrested on a felony county related to management of their monies. The DA in Montrose County faces charges related to improper conduct towards his ex-girlfield that are being handled by a special prosecutor from the Attorney General's office, and their unqualified coroner set off political sparks by declaring a routine organ donation by a local hospital to be murder based on inaccurate information on the Internet. Castle Rock's police ignored urgent pleas from a women with a restraining order that produced a pile of dead bodies and a Supreme Court case establishing that police have no affirmative duty to try to protect anyone, even if state restraining order laws say so. This list is hardly exhaustive.

Keeping local government officials out of trouble is a never ending full time job.

The good news is that a judge, who owes nothing to local government because he is not an elected official and not appointed by local officials, eventually issued a restraining order in the case, and a special prosecutor (who may end up charging the bad cops as well as the abusive husband) was appointed based on a strong norm in Colorado for doing so in cases where there is a potential for local law enforcement officials to be at fault; the case involving the DA for Montrose similarly had a smooth hand off. Notably, in both cases, the investigation was handed off to a special prosecutor of the same political party as the DA taken off the case.

Since law enforcement is handled locally and the judiciary is part of state government, there are clearer heads at the state level to keep local corrupt officials in line.

The bad news is that the Brighton Chief of Police, like almost all law enforcement management types, has denied that his men did anything wrong, even when the evidence that they did is very convincing. He should have thrown the bad officers under the bus, immediately suspending them while an investigation was pending, and didn't. The city council and mayor and if there is one, a city manager, could step in and intervene, but so far, they haven't done so. Denver is still struggling to reach acceptable ways of handling cases of police misconduct and finally starting to make process after a decade or so of trying. Brighton apparently isn't there yet.
READ MORE - Brighton Police Covered For Wife Beating Fireman

Senin, 20 Juni 2011

SCOTUS Dislikes Class Actions

Today, a conservative majority of the U.S. Supreme Court in a 5-4 decision, held that a sex discrimination case against Wal-Mart on behalf of its 1.5 million female employees could not be certified as a class action lawsuit. (There was wide agreement that the backpay due in the case could not be handled on a class basis, but there was deep dispute over whether the existence of gender discrimination at the company could be litigated in that manner.)

This is the latest of a string of cases that have disfavored class actions, such another this term that held that the right to conduct a class action arbitration could not be implied from a simple arbitration clause and that the fact that an arbitration clause expressly prohibits class actions could never be sufficient to render it unconscionable under a provision of the federal arbitration act that allows arbitration clauses to be invalidated if they would be unconscionable under state law.   The rulings have largely been statutory or based on court rules, thus they are more easily overriden than rulings based on constitutional grounds, but the rulings are colored by a deep distrust of the class action generally.

Concerns about class actions have also been a central to the tort reform movement, and have been an area where the movement has achieved more than one significant victory, by imposing major procedural limitations on securities law class actions, and by giving the federal courts jurisdiction over many class actions arising under state law that would not qualify for diversity jurisdiction.  Today's ruling, interpreting the class action rule in the federal rules of civil procedure, thus, has wider implications for class actions generally, than it would have a couple of decades ago, because more kinds of class action lawsuits are confined to the federal courts.

To some extent, the distate of big businesses for class actions, and plaintiff friendly group's support for them is simply a matter of mathematics.  In a situation where there are many people with small claims against a single business or small group of businesses, large numbers of people with claims will never choose to bring valid lawsuits because the litigation cost economics don't make sense, and except in the very clearest cases, the verdicts will be a mixed bag.  In contrast, a win in a class action will afford a remedy to everyone with a claim (or a proxy for them) and a win on behalf of all claimants is possible even when a win on the liability issue isn't a sure thing in any given isolated case.

There is also considerable controversy over the fact that "coupon settlements" and contributions to non-profit caues often replace money awards as typical class action remedies, that class actions are expensive to litigate and rarely result in a resolution on the merits by a judge, that there are often multiple competing class actions that must be consolidated arising from single incidents, that forum shopping can be especially problematic in these cases, and that the cases can seem to be attorney driven rather than focused on providing a remedy for a client.  The high cost and long litigation times involve in class action litigation don't speak well for a process which was invented to reduce litigation costs and handle numerous related small claims more efficiently than traditional litigation efforts.

On the other hand, class actions can put pressure on big businesses to comply with the law even when the state regulators of an industry are asleep at the switch, underfunded, run by a political appointee hostile to the agency's purpose, or are the victim of capture by the regulated industry.  Class actions can close the gap between the laws on the books regulating an industry or practice,  and the law as actually enforced.  It can function as a remedy to corrupt administration of regulatory laws.  Class actions are also an arguable preferrable way to regulate industries through decisions by private individuals rather than actions by state officials whom many people who are inclined towards libertarian political ideologies may distrust.

In employment cases, the key attraction of a class action is the question of proof.  It may be much easier to establish discrimination on a statistical basis than it is to prove that it was present in an individual case, and it may be easier to fashion an affirmative action remedy in response to statistically proven discrimination than it is to wade through the details of a money damage remedy on a case by case basis.

But, class action cases can appear to grant legislative or regulatory type authority to courts whose procedures are primarily geared towards resolving disputes that involve only narrow disputes between small numbers of people.  This tendency is particularly apparent in false advertising claims where very large numbers of people are exposed to advertising claims and considerably numbers of people may buy products that are falsely advertised, but the individualized consumer harm may be modest.  Negotiations between alleged wrongdoers and alleged victim's representatives may also lead to court sanctioned remedies, such as certain forms of affirmative action, that could never be approved as legislation in the absence of a violation of the law that is never provided on the merits in court.

The trend seems contrary to the trends in our economy, in which big corporations whose mistakes routinely impact large numbers of people in incidents with a common source, rather than isolated incidents of wrongdoing, are increasingly the norm.  If a big money center bank calculated interest rates on loans, or forecloses on houses improperly, it will usually be because some system has gone wrong or some computer program had an incorrect rule, with the error affecting hundreds of thousands of people nationwide, rather than because there was some isolated defect in one customer's particular case.  Serious misrepresentations to consumers in commerce not infrequently involve massive advertising campaigns rather than an isolated vendor and purchasers in an open air marketplace.  Serious discrimination in employment practices frequently flows from bad leadership at the top of an organization that guides subordinate managers, rather than individualized misconduct by low level managers.  In our modern era of quality control systems in manufacturing, systemic defeats in mass manufactured products are more likely to cause harm than isolated duds that aren't successfully removed from the assembly line: most defective products are the result of a design defect, either in the product itself or the manufacturing process.  An inability to remedy systemic wrongdoing by a big business in a collective way is out of step with an economic reality in which a large share of all wrongdoing has a systemic source.  In the long run, it may be more important to the functioning of our economic to solve systemic problems than to remedy the one off screw ups that can never be completely eliminated.

For what it is worth, big government agencies, like the I.R.S., have many of the same weaknesses in offering remedies to systemic errors that put individuals in low stakes cases in bind, that big businesses do.

Some problems in the way that big businesses and big government operate, may be flaws in how they do justice between third parties who deal with them, rather than actually benefitting these entities themselves.  For example, most securities fraud involves cases where a misrepresentation by a business causes a stock price to fail to reflect the truth for some period of time, which benefits some secondary market stockholders to the deteriment of other secondary market stockholders, while having little or no direct economic impact on the company itself and where only a tiny part of the benefit or harm accrues to company insiders.  Often the beneficiaries and victims of the misrepresentation have no knowledge that they are acting in the basis of a misrepresentation until after the harm has been done. 

Yet, if misrepresentations with immense economic consequences for stock traders routinely lead to no repurcussions for the parties who make them, the soundness of our financial system is seriously undermined.  Some of the parties most responsible in fact for the financial crisis, the major credit rating companies, had very little other than their pitiful compared to the amount at stake in the economy fees, in their decisions, and will bear no consequences for their mistakes, and there is a movement in the securities law world to treat accountants the same way.  Yet, if the people whose observations drive the market have little stake in being accurate, the financial markets are certain to repeat its world economy shaking mistakes.  Millions of people are out of work and have been for many, many months, in substantial part because the tiny number of people on Wall Street who determined how creditworthy bond issuers were had an insufficiently compelling incentive to get their decisions right.

Part of the barrier to the problem is that power dynamics and self-interest driven policy stances are often so transparent in the tort reform area and in the area of class action litigation in particular, that it is hard to separate and address sincere and legitimate concerns from merely self-serving ones in the policy arena.  Also complicating the effort to find a fair way to deal with the cases that drive class action litigation is that extremely loose class action standards and substantive law claims that can be brought as class actions in a handful of states like California create extremes of the process that suggest solutions that aren't necessarily appropriate for the more strictly regulated federal courts or courts in states like Colorado where class action litigation isn't nearly so common.
READ MORE - SCOTUS Dislikes Class Actions

Jumat, 22 April 2011

Denver's Race For City Auditor

Three candidates are running in Denver's municipal election for which mail-in ballots have been sent out and must be received back by May 3, 2011. The auditor's job in Denver's City government is basically to be an independent voice charged with identifying fraud, waste, abuse, corruption and other opportunities to get better economic deals for the city than it currently has in place. The office has also historically been a launching ground for heavy weight contenders in municipal government including former Mayor Wellington E. Webb, and the man who can in second place to Mayor Hickenlooper when Hickenlooper was first elected as Mayor, Don Mares.

One candidate is incumbent Dennis Gallagher, who is a bit of a gadfly on the liberal political scene, has had a generally successful and scandal free term of office, and is most famous for getting a proposition that makes businesses pay property taxes at higher rates than residential property owners into Colorado's Constitution. Since 1970, he has spent four years as a state representative, 20 years as a state senator, eight years on Denver's city council and is now the incumbent auditor. He runs with the support of former Denver Mayors Hickenlooper and Webb. His office has identified multiple cases of significant questionable spending during his tenure, and he has certainly not fallen prey to group think or bureaucratic capture by the rest of city government. During Hickenlooper's tenure, the City Charter was amended, in part in deference to the way in which Gallagher was running the office, to remove some of the more routine financial auditing duties from the position and to place those duties instead in the set of responsibilities of a new senior Mayoral appointee. Some would interpret this removal of responsibilities from the office as a criticism, but Gallagher did not object and it is part of a larger trend in how fiscal responsibilities are allocated in state and local governments. Thus, like the federal GAO, the focus of the auditor's role has shifted from an accounting oriented one to a more general accountability oriented role.

A second is Marcus D. Richardson, a long time career employee of the Denver auditor's office under four successive auditors who also had experience as a career auditor before coming to Denver. He is clearly competent and knows where the bodies are buried in city government. He is African-American. The main difficulties he faces in this campaign are that (1) all of his accomplishments as an auditor are also those of his boss whom he is running against, (2) his campaign basically calls for a continuation of the status quo approach to how the office is run apart from increasing diversity in the office, (3) he has identified no compelling reason for the voters to vote against Gallagher as a referendum on his performance in office, and (4) Richardson, as a career civil servant, hasn't had much of an opportunity to develop the political clout and savvy needed to be influential in a position whose power derives as much from having a bully pulpit as it does from having technical expertise. Locating accountability issues is only part of the job; one also has to generate enough public outrage about those issues to have them corrected. Gallagher's independent and populist streak has been a generally good fit for that bully pulpit role, while Richardson is untested in this part of the job.

Note also that Richardson isn't necessarily foolish for having run what seems in hindsight to be a hopeless campaign. It isn't unusual for a candidate to drop out of a race for public office for some reason mid-term, or to have a candidacy derailed by a late breaking scandal, and you have to be in the running to take advantage of an opportunity like that if it arises. He also establishes himself as someone interested in a more prominent role on the political scene than he holds right now, and because he has run a very clean campaign, he hasn't necessarily made many enemies by doing so.

Finally, Bill Wells is running on a campaign to abolish elections for the position he is is running to fill, which makes his agenda for the office seem a bit contradictory, as does the fact that he thinks it is appropriate manages to slip an attack on President Obama's budget process into his answers to questions from the Denver Post about his position on the issues in the city auditor race. He worked in Denver city government in the 1970s and early 1980s, left Denver to run a family trucking company in Pennsylvania where he served in the local city government, and returned in 2002. He is currently a semi-retired TSA employee. While he is not obvious either incompetent (he has a relevant professional credential and is not too cranky on his website despite its sloppy appearance), he is hardly a serious contender to an incumbent who is a state political legend and is largely out of the loop about what has been going on in the inner workings of Denver City government for the last thirty years.

There is some merit, by the way, in having a non-elected auditor. Arguably, voters are ill equipped to evaluate the qualifications of someone running for the office in a low profile, non-partisan race that will always be second banana to the Mayoral and city council races. In state government, the auditor is appointed by the legislature to provide a legislative branch check on executive branch excess (in addition to the check provided by having a divided executive branch). But, Denver's experience with the position has by and large been quite good. A bad auditor is not in a good position to harm city government, while a good auditor can make a valuable contribution. Also, alternate means of appointing an auditor may be less likely to attract someone who can break free of the "group think" of the rest of City government in a context where the politicians, after long hours working together, can become blinded to possible areas of concern, and may be less likely to attract someone with the political moxy and presence necessary to be effective in the job.
READ MORE - Denver's Race For City Auditor

Selasa, 12 April 2011

Denver Fires Bad Cops

The City of Denver has taken the encouraging move of firing two more bad cops who lied to investigators about using excessive force, despite videotape to the contrary.

Manager of Safety Charles Garcia has terminated two officers, Kevin Devine and Ricky Nixon, for lying about details in an excessive force case.

The two were accused of excessive force during an incident caught on camera outside the Denver Diner in 2009. The videotape shows an officer with a club pushing several women to the ground. A second officer is seen spraying mace into the face of a woman who is kneeling after being brought to the pavement by the first cop.

The two officers are the third and fourth terminated by Garcia, who took office last month. He fired Officers Devin Sparks and Randy Murr for "deceptive acts" in the case of Michael DeHerrera, who Sparks threw to the ground as he talked on a cell phone in LoDo.

The long overdue trend in still very welcome.

Interim Mayor Bill Vidal has also recommended the removal of a step in the process of disciplining police officers that has become redundant, delays the process and has favored unreasonably mild discipline for bad cops. Most Mayoral candidates in the current Denver Mayor's race favor the change.
READ MORE - Denver Fires Bad Cops

Jumat, 18 Februari 2011

The Showdown In Wisconsin

Republican Governor [of Wisconsin] Scott Walker . . . is pushing a proposal that would eliminate collective bargaining rights for public workers and make them pay half the costs of their pensions and at least 12.6 percent of their health care coverage. The changes amount to about a seven percent salary cut.


From here.

The budget shortfall that is being used to justify the step cuts to state employee pay and denying unions their collective bargaining rights, of course, is a crisis of Governor Walker's own making created by tax cuts that he backed. Unions are willing to discuss compensation custs, but not the loss of their collective bargaining rights.

A core principle of American political conservatives is that unions are bad and should be busted at every available opportunity. As I've noted before at this blog, one of the key points in the Republican playbook at the moment is that public employees, particularly unionized ones, are overpaid relative to private sector workers (despite evidence to the contrary) and that they employees should bear a large share of the public spending cuts that Republicans campaigned on in the 2012 election.

In Wisconsin, where the 2012 election left Republicans in charge of both houses of the state legislature and the Governor's office, they have the votes to put that ideology into action. While private sector union-management relations are governed by the federal government's National Labor Relations Board, states have considerable freedom to adopt laws concerning the rights of their public sector unions.

Since they don't have the votes to win this battle in the legislative process, Wisconsin union members have marched in force (25,000 strong) on the state capital as the legislature considers the bill and state senate Democrats have removed themselves to an undisclosed location to deny Republicans in the state senate the quorum they need to pass the bill, echoing a similar tactic used in Texas redistricting battles within the last few years. Wisconsin also lacks the citizen's initiative process present in states like California and Colorado, that might have given public sector union members in Wisconsin an end run around the normal legislative process. The unions have President Obama's support, but he has little power when it comes to labor relations in state and local government, an area where even the expansive commerce clause power of Congress probably does not extend.

America's private sector union movement in the United States is close to moribund. Maybe this is due to legislative changes, like labor laws that permit the permanent replacement of striking workers and tolerate significant management misconduct in organizing elections. Maybe it is due to the changing character of the economy that has reduced employment in traditionally unionized industries. Maybe labor is a victim of its own success. The causes are a matter of great debate and controversy. The result, however, is not. American private sector unions haven't been so impotent in numbers or as disinclined to cause work stoppages since long before the United States passed its first national labor laws during the Great Depression.

But, public sector unionization has soared and continues to grow in most states. (Colorado is an exception to the trend.) In part, this is because public sector unions, unlike private sector unions, have employees who can't easily be offshored and employers who can't convincing argue that their wages must be kept low in order to prevent them from losing their business to the competition. Civil service protections that public employees hold to protect them from politically motivated corrupt patronage systems have also made it safer to public employees to organize without fear of losing their jobs than comparable private sector employees. Recall that:

In 1950 . . .the unionized workforce of 14.3 million workers . . . made up 31.5% of the total work force.

In 2008 . . . the unionized workforce of 16.1 million workers who made up 12.4% of the total workforce. The public sector which is 36.8% unionized, is as unionized as the private sector was at its peak. The private sector, which is 7.2% unionized, has the lowest level of unionization in the private sector since the 1920s, if not earlier.


This is a huge deal. As I've noted before, policy more often changes through widespread imitation at historic moments than it does through isolated case by case rational analysis. If Wisconsin is successful in breaking its public employees unions and slashing public employee compensation, the trend will almost surely spread to almost every Republican controlled state in the United States. If public unions lose big in Wisconsin it could mean the end of organized labor unions as a potent force in the American economy and political system entirely for much of the United States.

While looming labor-management disputes in the NFL have attracted lots of attention, public sector unions at the state and local government level in places like Wisconsin are the bread and butter of the labor movement in the United States today. This dispute alone involves hundreds of thousands of middle class workers and their families losing three and a half weeks of pay a year.

Public sector unionization is a different animal than private sector unionization. Protection from unfair unemployment termination has generally been a secondary issue for them because they already have civil service protections. Some public sector unions are legally prohibited from going on strike. While private sector unions can organize politically for labor laws and other laws favorable to their members, public sector unions can organize politically to put union friendly politicians in direct control of their employer.

But, the potential for strikes by public employees to rise to the level of general strikes and to bring vital government services to a halt, whether or not it is legal for them to do so, has always loomed in the background, and covert "sick outs" and work to rule slowdowns remind negotiators of that fact. Denver's police (who publicly deny that this was the case) recently carried out just such a slowdown last year over dissatisfaction with the vigor with which the City of Denver had finally decided to apply to cracking down on instances of police misconduct. Wisconsin is experiencing its own sick outs right now.

Assuming that the political process will eventually prevail in Wisconsin and result in public sector union crushing legislation being passed there, the question is how Democrats and labor unions will respond. With the next election almost two years away, working through the normal political process may not seem like a sufficient response to a powerful political player that is facing deep pay cuts for every single one of its members without any opportunity to collectively bargain the matter and is also facing something close to their very extermination as a means by which the economic cause of state workers can be advanced.

If anything can produce a high profile showdown that could shut down the government of the State of Wisconsin entirely through a work stoppage, legal or otherwise, this frontal assault on public employees unions seems to be a good candidate for it. If public employees' unions in Wisconsin lose this fight, they may be gone for good, and may see much of the rest of the public sector labor movement follow them.

Can they win? There is really no way to know until it happens. The last general strike in the United States outside Puerto Rico was in 1934. But, if public sector unions in Wisconsin manage to inflict decisive political pain on the Republican party in the state, even if they lose on the legislative front for the time being, they may have a real shot at remaining a relevant force in American politics.
READ MORE - The Showdown In Wisconsin

Kamis, 10 Februari 2011

Cell Phone In Prison Concerns Overblown

NPR ran a rather hysterical story on the rising number of contraband cell phones in prisons in California a couple of days ago, that is a follow up to a case where a prison guard was fired after smuggling 150 cell phones into a prison in exchange for $150,000 of bribes. A prison regulation, but not a criminal law, prohibits cell phones in prison and corrections officials and some state legislators want to change that state of affairs.

Some of the points that deserved more scrutiny were these:

Last year, one guard claimed he made $150,000 smuggling phones. He was fired but never charged with anything.

Richard Subia, of California's Department of Corrections, says smuggling cell phones to convicts isn't a crime.


Subia may be right in detail, but he is almost surely wrong in his ultimate conclusion. While it may not be a crime to smuggle cell phones to convicts, it is almost certainly a crime for a prison guard to accept bribes in order to change the way he conducts his official duties in contravention of Department of Corrections rules, and it is likewise a crime to bribe a public official. In Colorado, these are both serious felonies (and there is also a separate minor felony for introducing contraband including cell phones into prisons), and I have a hard time believing that California lacks a bribery law.

Also, in the case, for example, of someone who throws a football full of cell phones into a prison, at the very least, it is almost surely illegal littering (a minor issue, but one that could at least provide a basis for an immediate arrest and booking of a suspect and the imposition of probation conditions prohibiting the conduct), and more importantly, the person who did so would have potential criminal liability as a co-conspirator for any crime committed by someone in the prison with that cell phone.

Corrupt prison guards are a long standing problem, and one that can't be solved once and for all. California has a strategic interest in bringing as much clout as it can to bear on guards who are found to be corrupt in order to discourage other guards from acting the same way. California would be well within it rights, for example, to charge the guard who smuggled cell phones into the prison as a co-conspirator in any attempted witness killing ordered from prison with one of those phones, and once phones are confiscated it would be possible to use cell phone company records to make those kinds of cases.

It may be possible to block unauthorized calls from prisons. But testing of that new technology won't start in California for months.


Cell phone jamming is not some highly experimental new technology, although the experience in New Zealand, where it is being phased in for all prisons is mixed. You can order one and get it delivered in a matter of months. A single device of the type used in the war in Iraq, which is the size of a boom box, could prevent cell phones from working anywhere in a prison complex. Industrial grade versions are available off the shelf. For example, one model designed for use in prisons costs about $8,900. You can order a model that blocks a 40 foot radius for immediate delivery off the shelf for $25 and use it as a stop-gap if a problem is suspected until a more comprehensive solution is devised. At any rate, the main concerns are legal rather than technical.

It's very frustrating to me that we have people who work for our organization that are willing to risk the lives of their fellow employees. It creates another risk for the employees and inmates in our facilities, as well as the public at large.


- Richard Subia, of California's Department of Corrections

The risk from cell phones in prisons is not significantly a risk to the lives of prison guards. This is hyperbole. The main risk is that gang leaders and organized crime figures will use cell phones to run their criminal enterprises from prison, for example, ordering that witnesses be killed, something a high profile case in Denver involves right now even without a cell phone. A secondary risk is that the inability of prison officials to monitor cell phone communications as they can land line communications might make it harder to collect evidence from recordings of those calls that can be used to bring prosecutions of other crimes. There is some dim possibility that a cell phone could be used to coordinate and plan a prison break, but, the sheer difficulty of arranging a prison break from a prison with any significant level of security is immense with or without a cell phone.

Of course, a huge amount of cell phone use by prisoners would be benign - calls to friends, loved ones and legitimate business associates much like calls that anyone else would make. The majority of prison inmates are not violent criminal masterminds with large organizations at their beck and call; they are mostly stupid, ineffectual losers with poor impulse control and substance abuse problems who were acting alone or whose co-conspirators are also in prison themselves.

The truly scary prisoners whom we worry would direct criminal activity from cell phones in their prison cells are pretty much confined to a small number of higher security prison facilities. So, one could get the vast majority of the public safety benefit from cell phone blocking at prisons from devices at a very small number of facilities.

Of course, an even lower technology solution could be devised. State governments could pass a law prohibiting cell phone companies from providing coverage in the tiny handful of cells where they make cell phone use from high or medium security state prisons, and use their power of eminent domain to compensate the cell phone companies and the property owners they have leases with for the economic harm that this does to them. They could probably even impose a users fee on cell phone companies to pay for it.

In short, while the NPR story identified a legitimate matter of public concern about corruption and about cell phone use in California prisons, its uncritical reporting left unchallenged some very questionable statements made by the public officials involved.
READ MORE - Cell Phone In Prison Concerns Overblown

Rabu, 09 Februari 2011

Questioning Patriotism For Fun and Profit

Liberals already control many aspects of American life, and they have undue influence on the Internet. . . . people who use e-mail or other services from companies such as Google, AOL, Yahoo, Microsoft and Apple are unwittingly helping the liberals. These companies are, and will continue to be, huge supporters of those who are damaging our country.

The influence of these companies also extends internationally, where the liberal grip on the Internet has been demonstrated anew in the turmoil in Egypt. There, according to media reports, it is playing a key role in stirring up the mass protests that are clogging the streets of Cairo and other Egyptian cities such as Alexandria and fueling demands for the immediate ouster of President Hosni Mubarak . . . the movement is being manipulated by those who favor a hard-line, Iranian-style, Islamic theocracy. . . . Google executive Wael Ghonim, just released from 12 days of Egyptian detention, confirmed that he was responsible for the Facebook page that ignited "the revolution of the youth of the Internet."

This is the same Google where CEO Eric Schmidt is a personal friend of President Barack Obama. . .

Is that where you want your money to go? I didn't think so, so I started the very first conservative e-mail service provider. . . . Your purchase will help me promote true Reagan values to win back our country in 2012.

Liberals have gone too far to influence the Internet and the political process.


- Michael Reagan, son of President Ronald Reagan, professional pundit, and newspaper columnist (Source: Aurora Sentinel, February 9, 2011, page 9.)

Who knew that it was unpatriotic to financially support Internet companies by having a free gmail, hotmail, or yahoo e-mail account?

Who knew that there was a Democratic and a Republican way to provide e-mail accounts?

Who knew that preventing traffic jams was more important then ending dictatorships?

Who knew that it was unpatriotic for a private American corporation to support democracy in a totalitarian state?

Who knew that you could get paid for writing a newspaper column that is an infomerical for your own business?

Who knew that liberals control American life and the Internet too?

What Did Reagan Say?

What are "true Reagan values" anyway? What did Ronald Reagan had to say on the subject of religious people taking the streets to secure democracy with the help of shared information from Internet that his son is so wary of?

Information is the oxygen of the modern age. It seeps through the walls topped by barbed wire, it wafts across the electrified borders.


Without God, democracy will not and cannot long endure.


Freedom prospers when religion is vibrant and the rule of law under God is acknowledged.


Democracy is worth dying for, because it's the most deeply honorable form of government ever devised by man.


A people free to choose will always choose peace.


Above all, we must realize that no arsenal, or no weapon in the arsenals of the world, is so formidable as the will and moral courage of free men and women. It is a weapon our adversaries in today's world do not have.


Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.


Then again, some of Reagan's messages on the issue can be interpreted in more than one way:

The greatest security for Israel is to create new Egypts.
READ MORE - Questioning Patriotism For Fun and Profit

Senin, 07 Februari 2011

Education and Unemployment

Is Cyclical Unemployment Mostly A Function Of An Underskilled Work Force?

It is widely known and irrefutable that unemployment is higher among those who have less education. Does it follow that an insufficiently educated rank and file labor force is an important cause of unemployment rates overall? I'm not sure that this follows.

The vexing point is education is to a great extent a way for employers in the economy to sort the workforce. Often, an employer will prefer an employee with more education, on the grounds that it is an indicator of greater general purpose workplace fitness, even when nothing learned during the course of that education is relevant to the job.

To the extent that education is used by employers, on average, as a sorting tool, we expect education to reduce unemployment simply because employers in an employer's market will prefer to hire more educated workers and the lay off less educated workers.

If formal education was the secret to employment, one would expect low education immigrant populations to have the highest unemployment rates, but that isn't the case. The highest unemployment rates are found in native born people with poor educations, not immigrant populations where the relationship between the kind of people sorted into reasonable levels of education in the U.S. and the education levels obtained in their home countries are quite different.

Also, the way that unemployment is defined masks a related problem in more educated workers, which is underemployment. For example, large law firms laid off about 12,000 lawyers in 2009, all of whom had graduate educations and many of whom had spent years on the job developing sophisticated specialty practices. When the market no longer needed lawyers, many of these laid off lawyers would still be able to carry out white collar jobs - perhaps as video store assistant managers, or self-employed divorce lawyers with small case loads, or substitute teachers, and others might decide that this is the time for them to leave the workforce and get more education or have children. But, a measure that looks only at unemployment would greatly understate the economic impact of the lawyer layoffs on lawyers and conclude based upon the low unemployment rates for lawyers that a legal education was somethign that the economy greatly valued in 2009.

While there are some "unemployable" people in the economy, this isn't what is going on when the nation experiences high levels of unemployment in the ordinary course of the business cycle. The vast majority of the people who are unemployed on the day that I write this post (when the unemployment rate nationally is about 9%), have been gainfully employed in a functional way within the last three years, or have been functional participants in educational institutions within the last three years. They don't have jobs not because they are incapable of doing jobs, but because their efforts at their old jobs, while competent, were being directed towards doing things that the economy didn't need, like building more houses in Florida and California and Nevada and providing for the economic needs of people who were doing so. The people who are unemployed during a period of business cycle driven high unemployment are more functional and more skilled unemployed people than those in any other part of the business cycle.

Job Creation As A Function Of Elite Skill Sets

While at the individual level, education of the rank and file workforce is an asset, at the macroeconomic level, it may be that the group whose education matters most is not the education of the ordinary worker, but the education of the economy's elites.

The idea is motivated mostly by two things.

First, my view that unemployment is fundamentally a failure of entrapreneurship. It happens when there is a shortage of executed ideas to find worthwhile things for idle workers to do. The vast majority of the labor force isn't in the business of creating jobs, it is in the business of doing jobs. But, an entrapreneurial elite does create jobs and unemployment is a product of their failure to meet the challenges they face at a certain moment in the economy. Unemployment is about a failure to mobilize ideal resources. There is not a fixed number of jobs in the economy, and there are very few people whose talents can't be put to productive use.

The problem is not that they were doing a poor job at their old jobs, or that they are unqualified to do whatever new job might be created in the near future, but that an entrapreneurial elite has failed to figure out profitable things for them to do.

Car companies don't lose market share and have to lay off the employees whose jobs are lost because of declining market share (as opposed to offshoring) because the employees have collectively done a bad job of building cars. They lose market share because the design engineers, quality control engineers, marketing campaign managers, and senior executives in the company have failed to do their jobs as well as their counterparts in competing firms. When American automobile companies lay off workers and shutter factories at the same time that foreign automobile companies are hiring workers and opening factories in the United States, it is poor leadership by elites in the American automobile companies that is killing the jobs, not an uneducated workforce or excessive regulation or anything else of the kind.

Unemployment happens because the lassiez faire economy has become disorganized.

Second, it is motivated mostly by anecdotal evidence. Good management, leadership even, and a clear vision of how some job creating or economy enhancing institution is works, can have immense effects. Some of the examples that come to mind follow.

* Consider, Tumaini University. It is a private college in Tanzania sponsored by the Lutheran Church (the first private college in Tanzania), which some of my relatives played a significant part in establishing. The lay missionaries that helped build this institution that educates thousands of Tanzanians and employs many people received some outside funding, but the real asset that the church brought to the project was leadership, organization and expertise. Students made their own bricks and helped build college buildings with their own hands (something not so different from the early days of my alma mater, Oberlin College, when it earned its "Learning and Labor" motto starting in the 1830s). Vibrant local congregations provided a great deal of the resources of money and labor to make it work. But, those resources couldn't be put to work until someone who knew how a private university was supposed to work and knew what was involved in managing a long, complex project through all the steps necessary to get from here to there, knew when outside guidance was needed and where to get it, and knew how to establish an organizational culture that was free of corruption in the university's administration came along to guide and crystalize those resources into a large and worthwhile undertaking. A very small number of individuals with those talents and a very modest amount of funding and materials, made possible a big project that will educated large numbers of people for decades or centuries and create countless jobs, both directly, and indirectly through jobs created by graduates who will learn both skills in the classroom, and will absorb through osmosis the way a large bureacratic private entity that runs smoothly works.

* Consider the Port of Haiti when it was run for a brief period by outside American contractors (probably Halliburton, but I could be mistaken). All the rank and file employees were the same. But, a very small managerial group who knew how to do that job and were free of the institutional culture of corruption that had reigned before they arrived dramatically increased the productivity and efficiency of the Port.

* I've seen the exceptional talents that entrapreneurs whom I've represented who take an idea from start up businesses to medium sized ventures that employ a dozen or more people exhibit. While something on the order of sixteen million people, about one in six members of the labor force, are self-employed, the percentage of those people who every managed to establish or run medium to large sized businesses that employ lots of people is very small. The vast majority of self-employed people employ only themselves and perhaps a few other people.

* Consider job creation in immigrant communities, where someone in a first wave of early immigrants develop a business model, perhaps Chinese restaurants or laundries, perhaps Mexican subcontracting firms, perhaps Korean wig shops, that works and then later waves of immigrants follow that model and create large numbers of jobs from the clear vision of how to make it work created by the founder. This isn't restricted to immigrant communities of course. For example, the California style burrito vendor and the expresso shop have both been widely imitated by others who created many jobs in the process.

* Consider the economic collapse that followed fast track land reform in Zimbabwe, because the newly installed farmers didn't know enough about how to carry on the agribusinesses that had previously been run by mostly white plantation style farmers:

Before 2000 land-owning farmers, mostly white, had large tracts of land and utilized economies of scale to raise capital, borrow money when necessary, and purchase modern mechanized farm equipment to increase productivity on their land. As the primary beneficiaries of the land reform were members of the Government and their families, despite the fact that most had no experience in running a farm, the drop in total farm output has been tremendous and has even produced starvation and famine, according to aid agencies. Mostly crops for export have suffered severely, e.g. Zimbabwe was the world's 6th largest producers of Tobacco in 2001. It produces nowadays less than 1/3 of the amount produced in 2000, the lowest amount in 50 years. Zimbabwe was once so rich in agricultural produce that it was dubbed the "bread basket" of Southern Africa, while it is now struggling to feed its own population. About 45 percent of the population is considered malnourished.


The problem is not that black Zimbabweans can't run productive farms. I would have done no better than any of the beneficiaries of land reform. The problem is that the people who were given land to farm didn't have the skill set at the time to do it. A small managerial elite did have those talents and that knowledge was one component necessary to create a productive agricultural system in Zimbabwe, and removing the elite before a new one had been trained, had led to the collapse of the entire system.

* Consider franchises and branch stores of successful retail and service businesses. Once on person establishes a working business model, many others follow on to implement that proven business model and they in turn hire may people for their local operations.

* One of the persistant tropes of fairy tales and fantasy, because it has a certain residual nugget of truth to it, is of a erstwhile prince or princess down on his or her luck turning a dismal home into a place worth living, or organizing a lot of local people into a mass movement that gets something done. Call it the "community organizing" of President Obama's youth, or pull this concept out of a handbook on how to run a counterinsurgency campaign, the idea is the same. Even "The Lord of the Flies" extols the immense impact of a cohesive group of people who can organize themselves. World War II POW Camp narratives relate the way that the British more swiftly self-organized and became a functioning whole relative to American POWs who had trouble reaching consensus around leadership and authority within their POW community.

* My strong suspicion is that one of the main reasons that the Islamic Empire swept most of the known world around 700 CE so quickly is that the new system it created organized communities that had previously been disorganized, and by doing so, made them more functional. Christianity in Africa, mostly off the radar screen of American journalists, is doing something very similar today.

* One of the classic ways to end employment is to start a war. This works for two reasons. First, it creates a vision with all sorts of worthwhile things that need to be done. Second, it creates an end that is declared by fiat to be worthwhile.

* The habit of fitting workers to worthwhile tasks that the military develops can carry over into peacetime. This habit probably plays a large part in the pivotal role played by militaries in undeveloped economies from Egypt to China in the non-military economy.

* As noted in a biography of Dan Quayle, who made job training legislation his signature issue in Congress before he was tapped to be Vice President, no job training program ever implimented by Congress has worked very well. This makes a great deal of sense if entrapreneurial job creation failures by that elite, rather than a lack of job skills in the labor force, is the main culprit in unemployment.

* This fits the heuristics about idea exchange that are used to explain why economic productivity is exponentially related to urban population scale, and why some communities that are open to new ideas (like Boulder and San Francisco) over perform other communities given their scale. Richard Florida's work on localized economic development leads to similar conclusions. Idea exchange among elites in large, perhaps shallow networks is critical to economic growth. Economic growth happens better in communities where relationship networks look more like Facebook networks and less like tight knit, high social capital villages of the kind identified by Putnam.

* Consider that most of the most obvious things that separate Third World living from life in the developed world are carried out in the United States by non-partisan local government officials according to best practices that are mostly so uncontroversial that they never become a subject of political debate in the United States: good water and sewer services, regular trash collection, paved local roads, traffic laws that are routinely followed, widespread K-12 education, building codes enforced by non-corrupt building inspectors, property and sales taxes that are collected by non-corrupt local officials, police forces that are mostly not engaged in any political conspiracy more grand than to arrest criminals and maintain order. Indeed, real estate developers routinely put together new communities in "virgin territory" on these same principles every day and there are tens of thousand of professional city managers in the country (as well as many amateur local elected officials) who make them run smoothly. Many of the residents of these communities aren't exceptional in any way, and indeed, many of the elected officals charged with running these communities wouldn't know how to run them, but do know that one hires a city manager and that it gets done. The clear vision of the people establishing these municipal services held by a very small elite reproduces a modern functioning version of American society in first world style.

* Governor Hickenlooper, like most Governors interested in economic development, has rightly focused his short term job creation efforts on tapping the skills of highly talented retired or semi-retired corporate managers in Colorado who have created jobs before and know how to do it and are interested in contributing to the economy of their new home state. His intuition is right, because the highly networked, highly skilled people who make connections that other people failed to, in ideas and in people, are the ones who create most jobs. Jobs need boosters and entrapreneurs to be created.

Job creation is the process of finding something worthwhile that people in the labor force can do and then repeating it rapidly until it stops working. The people up come up with those business models create vast numbers of jobs, many of which they will never receive credit for creating. A few good ideas can create thousand or even hundreds of thosuands of jobs.

The skill set involved in creating these jobs is only partially academic. Even business school, either at the undergraduate level or the MBA level, doesn't fully capture what is necessary to be a prolific job creator. It also takes large personal networks, strong people skills, and the mix of skill and good fortune needed to identify ways to monetize worthwhile things that can be done with available labor (I say monetize rather than finance, because borrowing money or raising capital is a distinct issue from development a business model that turns meaningful work into business revenue.) And, more than any of these things, it takes a clear vision of what needs to be done that is true. A clear, valid vision of a way to make an enterprise work is more important than anything else in creating jobs.

Implications

One key implication of a theory of unemployment that focuses on the skill sets of entrapreneurs rather than the skill sets of rank and file workers, is that it dramatically shifts the natural conclusions about what kind of educational efforts are necessary to reduce unemployment. If a failure to perform on the part of elite is the problem, then doing a better job of providing them with what they need to make the economy thrive and create jobs matters more than training for rank and file members of the labor force, particularly those rank and file members of the labor force who were perfectly functional employees before an economic downturn hit.

There may indeed be individual skill gaps, but this is probably a fairly small part of the problem -- functional employees in one job setting can usually work at a job of comparable responsibility in another job setting in a different industry with only modest on the job training. There may be some technical skills that are in short supply, but my sense is that this is rarely the big bottleneck. Often, when there is a shortage of properly licensed and certified workers, the problem is more one of loosening barriers to entry so that people who can actually do the work are allowed to do so than a lack of actual ability. Similarly, in the tech boom the computer industry routinely hired people with the right computer skills before they graduated from college, because the demand was so great, even though jobs of that level of sophistication are usually reserved for college graduates in sectors of the economy that aren't growing so fast.

Another implication is that the biggest part of a government response to unemployment may be to inject organization into the economy by finding worthwhile things for unemployed people to do until the private sector can come up with something better. No government worth its salt can't find something it wouldn't like to do, and since it has to pay the unemployed something whether they work or not (not only unemployment benefits but a wide variety of other benefits), why shouldn't it use those resources to directly hire people to do things that are worth doing? As long as the pay is not so high in "make work" jobs that it drives up labor prices to high for when the private sector can find work to do, this shouldn't harm a recovery and prevents waste caused by a massively idle labor force.

A third implication of this analysis is that is greatly recasts the role of immigration in employment. A lot of immigration rather than filling some fixed quanity of jobs in the economy, creates jobs by bringing in entrapreneurial individuals who know how to creat jobs. In times of cyclical downturns in employment it makes particular sense to engage in an active policy of brain drain calculated to bring elite potential job creators to the U.S., rather than closing the doors on the grounds that the U.S. needs to reserve jobs for its own workers. Jobs are created by exceptional individuals, and people who are willing to cast aside the culture and world they grew up in, in order to make a better economic life for themselves disproportionately have the drive and visions that it takes to create jobs, and will tend to return home discouraged if they don't.

Unanswered Questions

This view of unemployment comes with unanswered questions. Why do entrapreneurs fail to come up with worthwhile things to do that they can monetize when the economy goes into recession? What are they missing? How can you measure that failure? What distinguishes someone who is capable of prolifically creating jobs from someone who is capable of filling a job competently but not likely to create one? What kind of stimulus fosters more connection making and creates a better climate for implementing entrapreneurial visions? How do you get people to change gears? Can economic indicators better tailored to capture this critical job creating component of the economy help us better understand unemployment?

Still, you can't get the right answers until you ask the right questions, and I am convinced that most people thinking about the issue of unemployment in politics and mainstream economics and the media are not asking the right questions.
READ MORE - Education and Unemployment

Jumat, 28 Januari 2011

Friday Fragments

A few scattered half ideas for a beautiful Friday morning:

* It is highly annoying that perfectly good cell phones can't be switched from one mobile carrier to another, even though both carriers offer the essentially the same phone made by the same manufacturer to customers. Cell phone portability would be a great cause for the Fair Trade Commission, which is charged with regulating anti-competitive conduct by businesses, or the FCC, which regulates telecommunications.

* It would also be interesting to have consumer finance regulations that required cell phone, cable TV and satellite TV contracts that include phones or equipment to break out the service provision, telephone purchase, and finance charge components separately, to require that the finance charge component comply with generally applicable consumer finance laws, and for the FCC or FTC to then limit cancellation fees to the unpaid principal balance for the telephone purchase plus some statutorily limited amount for cancellation of the service contract. Landline phone companies and casualty insurance companies somehow manage in a regime where cancellation charges aren't permitted at all - surely phone companies could do something similar - indeed, loyalty discounts for long term customers at cell phone providers that don't have long term contracts and casualty insurance companies achieve a similar objective.

* Some area convenience stores have petitions in favor of allowing them to sell beer stronger than 3.2 beer. I'm all for it.

* Walker Stapleton's moonlighting job pays more than his job as state treasurer, although it doesn't appear to pose nearly as much of a conflict of interest. I'd personally favor a bill to prohibit all compensated moonlighting for "full time" state and local elected officials in the state accompanied by a substantial increase in pay for those officials. We shouldn't have to worry about any public officials being influenced by an outside source of income.

* I'd also favor a bill to make the Colorado General Assembly officially full time, to have it in session all year rather than 120 days, and provide each state legislator with 3 FTE of staff, while prohibiting all compensated moonlighting for them. Term limits play a much larger role in keeping the Colorado General Assembly a "citizen legislature" than its "part-time" status, and practically speaking, it is a full time job during the legislative session and at least a half time job outside the legislative session anyway due to interim committees, constituent service, and time spent crafting bills for the next session. The compressed session seriously compromises the ability of the general public to monitor what the state legislature is doing, to comment on bills, and to participate in legislative hearings. The lack of legislative staff is one of the main factors that gives lobbyists more power. The low pay for the legislature makes almost every state legislator beholden to a private employer or private clients for their livelihood while addressing the state's business and makes legislators more succeptible to influence from petty niceties from lobbyists that aren't prohibited by the state's gift ban.

* House Republicans want to end the Presidential public campaign financing law that costs about $600 million a year and is authorized by tax return checkoffs that are down about 75% from their peak. I have to agree. While I think that public financing is a much better way to deal with corruption in campaign finance than the existing regulatory regime, this particular version of campaign finance is delivering very little value and isn't so essential that it can't be cut. The decline in tax return checkoffs also show that it is has lost public support.

* RTD is considering asking for a 0.2 percent sales tax hike to help pay for overbudget FasTracks, a move that would bridge the gap but still require delays in finishing the project. Area majors have pushed for a 0.3 to 0.4 percent sales tax hike instead to get the project done sooner. Some of the hike would be compensated for by the expiration of an existing sales tax hike for other purposes (the stadium, I think). I believe that RTD has the better argument, as I don't think that voters have the stomach for a larger tax increase. Area mayors would be better off using their local government budgets to speed up construction in their areas than increasing sales taxes even more.

* It would be interesting to look at which countries have the best land use results and then to see what kind of land use regulation approaches they use.

*
A new democracy barometer from the University of Zurich and the Social Science Research Center Berlin (WZB) shows the development of the thirty best democracies in the world. Denmark, Finland and Belgium have the highest quality of democracy, whereas Great Britain, France, Poland, South Africa and Costa Rica the lowest.


Hello! What are these people smoking? Belgium is on the verge of disintegrating into two nations because its regions are utterly incapable of finding common cause. Deep distrust and lack of communications between the regions has reached the point where fake news stories about the other regions are taken seriously. It went months without a government because Walloons and Flemish parties couldn't agree on a governing coalition. Belgium is a basket case of democracy that is at the top of the list of countries where democracy is not working well

Right behind Belgium on the list, in fourth place, was Iceland whose national government just went bankrupt. Again, what were they thinking?

At the middle of the list, are Ireland at #15 and Spain at #17. Both have wildly unpopular regimes that are eliciting mass street protests and are fiscal basket cases that are en route to imposing unpopular austerity programs and are effectively as beholden to the bond markets as they are to their own people.

Great Britain, in contrast, ranked near the bottom of the list at #26, while it has its problems, seems to be getting along tolerably well and does not deserve such a low rating. It just successfully found a solution to a situation where no one party could command a majority in parliament with a palatable compromise. It is in the process of proposing electoral reforms to be more fair to third parties. It is tightening its fiscal belt in a manner far more sensible than either the austerity plans proposed by nations like Greece and Ireland that have been shoved down their throats by bondholders, or the ideologically driven cuts proposed by Tea Party Republicans in the United States. It has had its share of public discontent (particularly over increases in higher education charges) but has far less public discontent than many of the other countries on the list.

In short, the democracy index is profoundly and fundamentally flawed. Whatever it is measuring, it certainly isn't a sensible measure of democracy.

The press release from the source in German also provides link to a more detailed report. This explains that the index has three components: Freedom (individual liberty, rule of law, public sphere), Control (Competition, Mutual Constraints, Govern. Capability), and Equality (Transparency, Participation, Representation).

The basic problem is that it lets arbitrarily weighted components of democratic virtues overweigh things that are obvioius in the big picture, and focuses too much on process and too little on results.
READ MORE - Friday Fragments

Selasa, 11 Januari 2011

Colorado Politics Recap

* Governor-Elect Hickenlooper is now Governor Hickenlooper. He's has the near impossible task of balancing the budget ahead of him, but at least the NY Times is writing nice stories about him and even the Republicans haven't gone into attack mode yet with our new Governor. Now we're in for an exciting four months of the legislative session including highlights like the redistricting of Congressional districts, with a partisan split between the State House and State Senate. The party line, shared with President Obama, is that Hickenlooper wants to create jobs. Despite having fewer tools at his disposal to do so, I have more faith that Hickenlooper will be successful than I do that President Obama will. We also have a new Republican State Treasurer and Secretary of State.

* We also have a new Mayor in Denver, Bill Vidal. Unfortunately, he is the guy is charge of the department that recently failed to adequately discipline two corrupt parking enforcement officers, until there was a public outcry over it. The caretaker administration will end this spring when a sucessor is elected in Denver's municipal elections. I'm starting to get calls from candidates' organizations (not personal ones) seeking my support. The last real race was in 2003, in which I supported Penfield Tate in the first round, and John Hickenlooper in the second. Hickenlooper had no serious competition in 2007. Tate is not running this time around.

* The report of a grand jury investigation into lies under oath and attempts to suborn perjury by Denver Police Officer Paul Baca that did not result in an indictment, despite denunciations of him in open court by a judge and recorded court testimony that strongly suggests he was lying, has been sealed by the Denver judge presiding over the case. The Jefferson County special prosecutor appointed to prosecute the officer has appealed the ruling but isn't allowed to comment on the grand jury report or the contents of the order closing it. It isn't that unusual for a prosecutor to ask that a grand jury report be sealed in order to permit the prosecutor to continue an investigation, perhaps with a future grand jury. But, it is quite unusual for a grand jury to write a report of its own, and even more unusual for such a report to be suppressed over the objection of the prosecutor in the case. Perhaps there are good reasons for doing so, but an appearance of impropriety results any time a high profile corruption prosecution is closed without full disclosure of what happened.

* One of the school board members in Greeley, Brett Reese, who is also a pretty difficult character in his role on the school board, is using his low power radio station to broadcast dubious and outrageous conspiracy theories about Martin Luther King, Jr. without even providing authorship for the sentiment, as we head into the holiday named after the Civil Rights leader. It is his free speech right to do so, but it also shows bad judgment on the part of someone who should be a role model for the students in the district. Respecting other people's right to say stupid things is honorable. Using your own resources to say stupid things just shows that you're stupid. Also, while the school board member's official line is that he is simply allowing people to air concerns about a cult of personality, it sure sounds like crackpot conpsiracy theory racism to me. Oh, and he's also decided that the way to respond to the controvery he has created is to carry a gun. Brett Reese looks a lot more like a nutjob who is an embarassment to the Greeley. Fortunately, as just one member of the Board, he can't do much harm by himself and still belongs in the "mostly harmless" and "do not feed the troll" category.

* What sort of jerk steals somebody's else's dead wife's ashes? As this story comes from Colorado Springs, it is hard to know.

* Daily Kos and Colorado Pols both have compelling documentation today and in the past few days of the pattern of Tea Party's incitement of violence with its campaign rhetoric. I don't have the stomache to post about it at the moment, but it is there is you are so inclined.
READ MORE - Colorado Politics Recap

Senin, 27 Desember 2010

The Drivers And Costs Of CEO Pay and Inequality

I've written before about the pay of superstars in sports and entertainment, and the portion of a New York Times article discussing that point covers little new ground. The shorter version is that their performances reach a very large number of people.

Entity Size And Profits Drive Corporate Pay

The article's analysis of high corporate pay, however, bears closer attention. It attributes rising pay for the executives in the "real economy" to the increasing scale of big business, and rising pay inn the finance sector to profits made possible deregulation.

In 1977, an elite chief executive working at one of America’s top 100 companies earned about 50 times the wage of its average worker. Three decades later, the nation’s best-paid C.E.O.’s made about 1,100 times the pay of a worker on the production line. . . . in the 1970s found that executives in the top 10 percent made about twice as much as those in the middle of the pack. By the early 2000s, the top suits made more than four times the pay of the executives in the middle. . . . Two economists at New York University, Xavier Gabaix and Augustin Landier, published a study in 2006 estimating that the sixfold rise in the pay of chief executives in the United States over the last quarter century or so was attributable entirely to the sixfold rise in the market size of large American companies. . . .

In 2007 . . . . financial companies accounted for a full third of the profits of the nation’s private sector. Wall Street bonuses hit a record $32.9 billion, or $177,000 a worker. . . . Financiers had a great time in the early decades of the 20th century: from 1909 to the mid-1930s, they typically made about 50 percent to 60 percent more than workers in other industries. But the stock market collapse of 1929 and the Great Depression changed all that. In 1934, corporate profits in the financial sector shrank to $236 million, one-eighth what they were five years earlier. Wages followed. From 1950 through about 1980, bankers and insurers made only 10 percent more than workers outside of finance, on average. . . .

By 2005, the share of workers in the finance industry with a college education exceeded that of other industries by nearly 20 percentage points. By 2006, pay in the financial sector was again 70 percent higher than wages elsewhere in the private sector. A third of the 2009 Princeton graduates who got jobs after graduation went into finance; 6.3 percent took jobs in government.


The authors attribute the gains in the tides of financial industry pay largely to government regulation, which tightened during the Great Depression and on through about 1959, and then was relaxed in the late 1980s and 1990s.

A critical point to keep in mind is that the increased pay have top executives in big business or finance has a great deal to do with ability to pay and very little to do with actual competence.

Big businesses and financial firms offer an amount based on the scale of their enterprises and the amount of profit their firm creates, in the hope of attracting the best talent. But, while there is considerable evidence to indicate that better pay does lure better rank and file professionals to an industry or enterprise, there is very little evidence to indicate that big businesses are able to accurately discern which applicants for exhorbitantly paid top jbs are actually the best one, and there is considerable evidence to indicate that big businesses do an absolutely mediocre job of removing top executives who have failed to live up to the expectations upon which they were hired from their posts.

The Diminishing Marginal Returns Of Winner Take All Compensation

Put another way, if big businesses had hired someone from the same pool as the person actually hired who was willing to work for half a much compensation, there is very little to indicate that the business would be run any less well. One can find very compentent managers willing to work for $1,000,000 a year, and the marginal benefit accrued by offering $10,000,000 a year instead is not at all obvious.

This concern is particular great in the case of successor CEOs. One can argue that founders of firms have earned their great wealth by creating the firms that generate it. But, this point is much harder to make when a successor is appointed to manage to wealth created by his or her predecessors.

The divide between the rich and the megarich is driven by the concentration of economic activity into a smaller number of firms that is largely a product of economy of scale incentives in the economy, not by the fact that there is an immense divide in talent between the rich and the megarich.

Indeed, the concentration of rewards at the very top can actually create counterproductive incentives:

If only a very lucky few can aspire to a big reward, most workers are likely to conclude that it is not worth the effort to try. The odds aren’t on their side. Inequality has been found to turn people off. A recent experiment conducted with workers at the University of California found that those who earned less than the typical wage for their pay unit and occupation became measurably less satisfied with their jobs, and more likely to look for another one if they found out the pay of their peers. Other experiments have found that winner-take-all games tend to elicit much less player effort — and more cheating — than those in which rewards are distributed more smoothly according to performance.


Counterproductive winner take all effects are the private sector equivalent of the Laffer Curve, the notion that at some very high marginal tax rate (far in excess of anything found in the U.S. or even European economies), increasing taxes reduces tax revenues because it creates an disincentive to work. There is a point at which increasing compensation to top performers actually decreases the productivity of the economic unit as a whole.

The Drivers and Economic Impacts Of Income Inequality

The article also notes the trend towards exceptionally high income inequality in the American economy, and its tenuous relationship to economic growth (emphasis added):

Since 1980, the country’s gross domestic product per person has increased about 69 percent, even as the share of income accruing to the richest 1 percent of the population jumped to 36 percent from 22 percent. But the economy grew even faster — 83 percent per capita — from 1951 to 1980, when inequality declined when measured as the share of national income going to the very top of the population.

One study concluded that each percentage-point increase in the share of national income channeled to the top 10 percent of Americans since 1960 led to an increase of 0.12 percentage points in the annual rate of economic growth — hardly an enormous boost. . . . Since 1980, the weekly wage of the average worker on the factory floor has increased little more than 3 percent, after inflation. . . . According to the Organization for Economic Cooperation and Development, the average earnings of the richest 10 percent of Americans are 16 times those for the 10 percent at the bottom of the pile. That compares with a multiple of 8 in Britain and 5 in Sweden. . . . There is a 42 percent chance that the son of an American man in the bottom fifth of the income distribution will be stuck in the same economic slot. The equivalent odds for a British man are 30 percent, and 25 percent for a Swede.


Keep in mind tha the 3% real increase in wages for factory workers since 1980 has not been 3% per year, but instead is 3% total. On an annualized basis, that is an increase of about 0.1% per year -- for example, a rate of about $40.00 per year for someone making $40,000 a year.

What the international comparisons citred by the New York Tiems do not reveal is the root causes of the differences in income inequality between the United States and continental Europe. It turns out that the bulk of the difference is due to government policy. The less well off are better in Europe because the net deal of taxes paid v. transfer payments received there is better than it is in the United States.

The pre-tax, pre-transfer payment earnings of the less well off are just as stagnant in Europe as they are in the United States, but Europeans have sweetened the pot for the average person to share the wealth their economies have grown, while the Americans have not.

This analysis tends to suggest that the poor in America have a comparatively wretched and insecure existence not because they are less able to contribute economically, but because our political system does not see everyone as being in the same boat to the same degree. It is plausible to hypothesize that this, in turn, has a lot to do with the fact that the less well off are far more likely to participate politically in Europe than in the United States. In Europe, the share of the voting aged population that votes is 50% to 100% greater than in the United States. Non-voters are ignored politically, and the correspondence between those who don't vote (the poor and uneducated, particularly minorities, and children) and those who receive meager governmental support by international standards, is probably not coincidental.

Notably, forcing the beneficiaries of economic growth to share their gains with the rest of the nation has not, as conservative economic intuition would suggest, had any significant effect on the rate of economic growth. In countries with mixed economies where one's earnings still significantly impact one's socio-economic well being, even significant taxation to fund transfer payments doesn't distort the economy very much, because insuring that that there are real economic incentives in earnings for economically productive conduct turns out to be much more important than the intensity of those economic incentives. The ability to capture much of your contribution to economic growth is very nearly as motivating as the ability to caputre almost all of your contribution to economic growth.
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