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		<title>Adopt the Marketplace Fairness Act</title>
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		<pubDate>Mon, 06 May 2013 12:30:26 +0000</pubDate>
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		<description><![CDATA[<p><strong>By Edward A. Zelinsky</strong>
The Marketplace Fairness Act, now being debated in the US Senate, is a rare phenomenon: a bill with strong bi-partisan support and an accurate title. The Act would indeed establish fairness in the marketplace by imposing on out-of-state internet and mail order sellers the same sales tax withholding requirements now imposed only on in-state brick-and-mortar businesses. </p><p>The post <a href="http://blog.oup.com/2013/05/adopt-marketplace-fairness-act/">Adopt the Marketplace Fairness Act</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By Edward A. Zelinsky</h4>
<p><strong></strong><br />
The Marketplace Fairness Act, now being debated in the US Senate, is a rare phenomenon: a bill with strong bi-partisan support and an accurate title. The Act would indeed establish fairness in the marketplace by imposing on out-of-state internet and mail order sellers the same sales tax withholding requirements now imposed only on in-state brick-and-mortar businesses. The Senate and then the House should adopt the Marketplace Fairness Act so that the President can sign it into law.</p>
<p>In 1992, the US Supreme Court in <em>Quill Corporation v. North Dakota</em> held that a state cannot require out-of-state sellers to collect sales taxes when such sellers ship goods into the state since such out-of-state sellers have no physical presence in the state. Quill Corporation conducted a classic mail order business in North Dakota. Quill sold office and equipment supplies to North Dakota customers, but had no salespersons, stores or other physical presence in North Dakota. Quill Corporation advertised in North Dakota, mailed catalogs and flyers to North Dakota households, and shipped purchased goods to North Dakota customers via mail or common carrier.</p>
<p>Since Quill Corporation had no in-state physical presence, the US Supreme Court ruled, North Dakota could not require Quill to collect sales tax from North Dakota customers on such customers’ purchases. However, the Court made clear, Congress can change this result by federal legislation authorizing states to impose sales tax withholding obligations on out-of-state sellers.</p>
<p>Since <em>Quill</em>, online commerce has burgeoned in important measure because out-of-state internet firms need not collect sales taxes while stores with in-state presence must. This unfairly disadvantages both ma-and-pa in-state stores which must collect sales taxes and so-called click-and-brick sellers like Staples.com and Walmart.com which, because of their in-state stores, must collect sales taxes on their internet sales. In contrast, online and mail order sellers which eschew such in-state stores can effectively sell sales tax-free since, under current law, such sellers cannot be required to collect sales taxes because they are not physically present in the state.</p>
<p>This situation is neither fair nor efficient. Technically, purchasers of online and mail order merchandise must on their own pay taxes on their purchases from out-of-state firms. In practice, the states cannot collect and enforce taxes on most online and mail order purchases. This disadvantages in-state businesses which must collect sales taxes while their internet and mail order competitors need not.</p>
<p>The Marketplace Fairness Act would overturn <em>Quill</em> for large internet and mail order sellers. The Act would thereby put sellers on the proverbial level playing field by authorizing states to require out-of-state sellers like Quill Corporation to collect sales taxes even when such sellers lack in-state physical presence.</p>
<p>Some opponents characterize the Act as establishing a new tax. Some opponents also argue that the Act would impose an unfair burden on small businesses. Neither argument is correct.</p>
<p><a href="http://blog.oup.com/2013/05/adopt-marketplace-fairness-act/obama-jobs-speech-joint-session-of-congress/" rel="attachment wp-att-41029"><img class="aligncenter size-large wp-image-41029" title="Obama Jobs Speech- Joint Session of Congress" src="http://blog.oup.com/wp-content/uploads/2013/05/Obama-Jobs-Speech-Joint-Session-of-Congress-744x418.jpg" alt="" width="744" height="418" /></a></p>
<p>Internet and mail order buyers have always owed taxes on their purchases. Such buyers have generally been unaware of or have ignored their obligation to pay taxes on their purchases from out-of-state sellers. The Marketplace Fairness Act would put buyers from mail order and electronic sellers in the same position as persons who purchase from in-state brick-and-mortar stores, that is to say, subject to sales tax withholding by the seller.</p>
<p>Moreover, the Act would only permit states to impose sales tax collection responsibility on internet and mail order firms with at least one million dollars in out-of-state sales. Truly small businesses would, per the <em>Quill</em>, still enjoy immunity from tax collection responsibilities on their out-of-state sales as long as they have no physical presence in the taxing state.</p>
<p>Some states will use the revenues they collect under the Act to balance their budgets. Others will use those revenues to lower their respective sales tax rates. Each state should be free to decide for itself.</p>
<p>The Marketplace Fairness Act is long overdue. It is neither fair nor efficient to require brick-and-mortar sellers to collect sales taxes while their on-line and mail order competitors effectively sell sales tax-free. By overturning <em>Quill</em>, the Act would indeed establish tax fairness in the marketplace.</p>
<blockquote><p><img class="alignleft" title="zelinsky" src="http://blog.oup.com/wp-content/uploads/2010/12/zelinsky-120x92.jpg" alt="" width="120" height="92" />Edward A. Zelinsky is the Morris and Annie Trachman Professor of Law at the<a href="http://www.cardozo.yu.edu/" target="_blank">Benjamin N. Cardozo School of Law of Yeshiva University</a>. He is the author of <a href="http://www.amazon.com/Origins-Ownership-Society-Contribution-Paradigm/dp/0195339355" target="_blank">The Origins of the Ownership Society: How The Defined Contribution Paradigm Changed America</a>. His monthly column appears <a href="http://blog.oup.com/index.php?s=edward+zelinsky" target="_blank">here</a>.</p></blockquote>
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<em>Image Credit: President Obama&#8217;s address to a joint session of Congress by Lawrence Jackson. Public domain via <a href="http://commons.wikimedia.org/wiki/File:Obama_Jobs_Speech_to_Joint_Session_of_Congress.jpg" target="_blank">Wikimedia Commons</a>.</em></p>
<p>The post <a href="http://blog.oup.com/2013/05/adopt-marketplace-fairness-act/">Adopt the Marketplace Fairness Act</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p><img src="http://feeds.feedburner.com/~r/oupblogbizecon/~4/5iXkgTauu7U" height="1" width="1"/>]]></content:encoded>
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		<title>State and private in China’s economy</title>
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		<pubDate>Fri, 03 May 2013 12:30:50 +0000</pubDate>
		<dc:creator>ErinM</dc:creator>
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		<description><![CDATA[<p><strong>By Tim Wright</strong>
The central story of China’s economic reforms and the resulting economic miracle has been the move from a centrally planned to a largely market economy, and the emergence of a market-based and mainly private sector alongside the old state-owned sector. Most quantitative trends are still in that direction, and legal and institutional reforms, notably stronger property rights within a situation of limited rule of law, have provided some support. </p><p>The post <a href="http://blog.oup.com/2013/05/state-private-china-economy/">State and private in China’s economy</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By Tim Wright</h4>
<p><strong></strong><br />
The central story of China’s <a href="http://www.oxfordbibliographies.com/view/document/obo-9780199920082/obo-9780199920082-0008.xml" target="_blank">economic reforms</a> and the resulting economic miracle has been the move from a <a href="http://www.oxfordbibliographies.com/view/document/obo-9780199920082/obo-9780199920082-0016.xml" target="_blank">centrally planned</a> to a largely market economy, and the emergence of a market-based and mainly private sector alongside the old state-owned sector. Most quantitative trends are still in that direction, and legal and institutional reforms, notably stronger property rights within a situation of limited rule of law, have provided some support. Nevertheless, China has maintained its distinctiveness from other varieties of capitalism, both in rhetoric (“socialist market economy”) and in reality. The <a href="http://www.oxfordbibliographies.com/view/document/obo-9780199920082/obo-9780199920082-0013.xml" target="_blank">Communist Party</a> state retains a more powerful role in the economy than is the case with most capitalist countries, and the trend has by no means been unidirectional from state to private or from planning to market.</p>
<p>Indeed, over the past several years there has been a lot of discussion in China over a counter trend, that is “the advance of the state and the retreat of the private” (<em>guo jin min tui</em>). On the one hand this reflects the on-going perception in the Chinese leadership that only the “<a href="http://www.relooney.info/CJE_38.pdf" target="_blank">national champions</a>”—the massive state-owned companies—are likely to be able to compete on the international stage. Moreover, the nature of the <a href="http://media.hoover.org/documents/CLM28BN.pdf" target="_blank">2008 stimulus package</a>—heavily weighted to large-scale infrastructure—meant that many of the resources went to state-owned companies. At the same time, the trend also involves struggles for power and wealth between different groups in society. Thus as the <em>Economist </em><a href="http://www.economist.com/node/21559950" target="_blank">reported</a>, state interests were successful in the mid-2000s in seizing some 4,000 privately run oil wells in north-west China.</p>
<div id="attachment_41047" class="wp-caption aligncenter" style="width: 429px"><img src="http://blog.oup.com/wp-content/uploads/2013/04/iStock_000018990093XSmall1.jpg" alt="" title="China Holds Annual National People&#039;s Congress, China&#039;s Parliament" width="419" height="286" class="size-full wp-image-41047" /><p class="wp-caption-text">Chinese President Hu Jintao (L) talks with Vice President Xi Jinping as they leave after the closing session of the National People&#8217;s Congress on March 13, 2009 in Beijing, China. (Photo by Guang Niu)</p></div>
<p>One of the main arenas of contention between state and private interests has been the <a href="http://www.routledge.com/books/details/9780415493284/" target="_blank">coal industry</a>. Of course this is an arena where genuine claims of public interest can be made. China is critically dependent on coal as a source for its energy (coal provides around 70% of China’s total energy needs), a dependence that causes major <a href="http://www.oxfordbibliographies.com/view/document/obo-9780199920082/obo-9780199920082-0044.xml" target="_blank">environmental problems</a>, and in that situation the state could be expected to pay close attention to the industry in any society. Moreover safety, or rather the lack of it, has provided a major reason and pretext for state intervention. Up to the early 2000s China’s coal safety record was an international embarrassment, with far higher levels of fatalities and fatality rates per million tons of coal produced even than other developing countries. This became a matter of concern both for the leadership and for the educated public in general. <a href="http://media.hoover.org/sites/default/files/documents/clm6_bn.pdf" target="_blank">Wen Jiabao</a>’s history as a geologist contributed to making this issue a major focus of the more “populist” agenda of the Hu Jintao-Wen Jiabao leadership. The worst safety record was found among the smaller rural and private mines, and therefore provided the pretext for a series of attempts to curtail or control such mines. It also allowed the state and <a href="http://www.oxfordbibliographies.com/view/document/obo-9780199920082/obo-9780199920082-0010.xml" target="_blank">the press</a> to paint the small mine owners as “black-hearted coal owners,” and they received public sympathy.</p>
<p>The two trends—a general extension of state power in the economy and concern for coal safety—came together in the attempt to consolidate and rationalize the coal industry in the late 2000s. This happened most famously in Shanxi province, until 2008 China’s largest coal producer, and similar policies were then extended to other provinces, though with some variations. In Shanxi, the policy took the form of empowering State-owned mining enterprises to take over the resources of small mines within an area allocated to each of the large mines, thus ruling out any competition over resources. This was widely perceived, though not official described, as the (re-)nationalization of coal resources.</p>
<p>Private enterprises and owners not surprisingly felt bitter at the implementation of this policy, and argued strongly that any compensation that was paid was entirely inadequate. Owners among the local rural population were angry at being forced to sell below value, with dark rumours about bribes paid to local officials. But many of the targets of the policy were extra-provincial investors, and thus people for whom the provincial government would feel no particular responsibility. The largest group was from Wenzhouin Zhejiang, whose investors had sunk tens of billions of <em>yuan </em>into the Shanxi coal industry in the 1990s and 2000s. The overall trend towards the strengthening of property rights was shown by the fact that the Wenzhou owners felt able to fight the takeover, using media campaigns to denounce the nationalization and the state’s encroachment on private rights. They also attempted to call on the rule of law, hiring lawyers, who held workshops and conferences in Hangzhou to protest the policy, arguing that it contradicted the principles of the socialist market economy. Nevertheless the trends towards stronger property rights and the rule of law were only incipient, and it would appear that the mine owners’ protests had limited effect, and the nationalization went ahead.</p>
<p>Private owners were not the only interests adversely affected. By concentrating ownership in the hands of state owned enterprises at the provincial level, the policy also deprived local governments of the major part of their revenue streams and local populations (and <a href="http://www.oxfordbibliographies.com/view/document/obo-9780199920082/obo-9780199920082-0035.xml" target="_blank">migrant workers</a>) of many employment opportunities. Thus there was much less enthusiasm for the policy at the county level and below than at the level of the province, though outright opposition was limited by the heavy weight the central state was giving to the improvement of work safety in assessing officials for transfer and promotion: the policy does appear to have very substantially reduced the accident rate, and resistance could be made to seem irresponsible. In addition to generating tax revenues, local governments had previously been able to pressure private mine owners into contributing to a wide range of social expenditures. As one local official complained, although they could get the private owners to build roads or schools almost at will, they couldn’t even get the new province-level owners to construct a public toilet.</p>
<p>One must be careful in extrapolating the experience of the Shanxi coal industry to the national economy, but at the minimum this episode shows that the state retains levers and the willingness to use them to impose its will on the enterprise sector to a far greater extent than in most other capitalist countries. While private owners appear to have a greater ability now to articulate their interests in public, they are still not able to roll back the advance of the state at the expense of the private where the state—or key elements of the state—sees its core interests involved.</p>
<blockquote><p><a href="http://www.shef.ac.uk/seas/staff/chinese/wright" target="_blank">Tim Wright</a>, Editor-in-Chief of <a href="http://www.oxfordbibliographies.com/obo/page/chinese-studies" target="_blank"><em>Oxford Bibliographies</em> in Chinese Studies</a>, is Emeritus Professor of Chinese Studies at the University of Sheffield, UK.  His research focuses on modern Chinese economic history, in particular natural and economic shocks to the economy, and on the political economy of contemporary China. His publications include Coal Mining in China’s Economy and Society, 1895–1937, The Chinese Economy in the Early Twentieth Century: Recent Chinese Studies, and The Political Economy of the Chinese Coal Industry: Black Gold and Blood-stained Coal.</p></blockquote>
<blockquote><p>Developed cooperatively with scholars and librarians worldwide, <em><a href="http://www.oxfordbibliographies.com/" target="_blank">Oxford Bibliographies</a></em> offers exclusive, authoritative research guides. Combining the best features of an annotated bibliography and a high-level encyclopedia, this cutting-edge resource guides researchers to the best available scholarship across a wide variety of subjects.</p></blockquote>
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<p>The post <a href="http://blog.oup.com/2013/05/state-private-china-economy/">State and private in China’s economy</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p><img src="http://feeds.feedburner.com/~r/oupblogbizecon/~4/6MntJl3kIow" height="1" width="1"/>]]></content:encoded>
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		<title>Sovereign debt after March 2013</title>
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		<pubDate>Mon, 29 Apr 2013 14:30:43 +0000</pubDate>
		<dc:creator>Alice</dc:creator>
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		<description><![CDATA[<p><strong>By Muti Gulati</strong>
It is perhaps natural human tendency to think that the big events that occur during our lifetimes -- particularly if they involve us personally -- are both unique and will change the course of history. Reality though is that most of us aren’t particularly good at predicting what future historians will consider important.</p><p>The post <a href="http://blog.oup.com/2013/04/sovereign-debt-after-march-2013/">Sovereign debt after March 2013</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By Muti Gulati</h4>
<p><strong></strong><br />
It is perhaps natural human tendency to think that the big events that occur during our lifetimes &#8212; particularly if they involve us personally &#8212; are both unique and will change the course of history. Reality though is that most of us aren’t particularly good at predicting what future historians will consider important. Worse, we tend to dramatically exaggerate the importance of events that we have watched occur. Rogoff and Reinhart’s bestselling treatment of the history of sovereign debt has the ironic title <a href="http://www.reinhartandrogoff.com/" target="_blank"><em>This Time is Different</em></a> precisely because of how often we are wrong in thinking that “this time is different.” Having provided these cautions, I am going to fall into the precise trap I warned against and assert that the period between March 2012 and March 2013 will go down in history as one of the most eventful ever in the history of sovereign debt. This time is different. Why?</p>
<p>There are a number of candidates in terms of potentially game changing events that occurred in the sovereign markets over these past twelve months. As a backdrop to these events, we are in the midst of what is likely one of the most biggest sovereign debt crises in history: the crisis of the euro area.  That crisis, which began with European politicians swearing up and down in 2010 and 2011 that no Eurozone country would ever default, saw Greece, in March 2012 impose one of the biggest and most severe haircuts on private sector creditors in history. Euro area politicians who (like me) seem to have little concern for how historians might subject their statements to ridicule in hindsight are now announcing loudly that the Greek restructuring was “unique and exceptional”.</p>
<p>So much happened within the Greek restructuring that was new, and even when not new, certainly eventful.  Foremost, there were the legislatively mandated Collective Action Clauses that were imposed on local law governed debt instruments. Then was the drama over whether the Greek restructuring was voluntary or not and whether the CDS contracts would be triggered (hard to imagine how anyone could think that a creditor taking a 70% haircut was doing so voluntarily; but that argument was made at various points). And if that was not enough, at the nth hour in the Greek restructuring, the European Central Bank demanded for itself, as a legal right, super priority over all other creditors &#8212; essentially the right to be exempt from the restructuring. As a matter of optimal rules for the system, there is probably an argument for Official Sector lending by institutions like the ECB and the IMF to be given super priority. But the ECB’s priority claim, unlike IMF claims in the past, was with respect to bonds that it had purchased on the market just as if it were an ordinary investor. There was a risk, therefore, that investors who had entered the Greek exchange would bring a legal claim against the ECB for having received an illegal priority. As of this writing it is not clear whether any of the claims that have been threatened will bear fruition, but the can of worms regarding the precise contours of Official Sector priority has been opened.</p>
<p>There was more that didn’t make the daily headlines, but will probably make the history books. There was the explicit inclusion of some of Greece’s sovereign guarantees in the restructuring (no one quite understands why some guarantees got ensnared and others escaped completely, but that is a matter for a different day). And then there were was the treatment of the foreign-law bonds in the Greek deal. There was some attempt to extract a haircut from them; but the attempt was half-hearted at best &#8212; much more could have been done to turn the screws. Which, in turn, raises the puzzle of why the holders of those foreign-law bonds (many of whom likely go under the moniker “hedge fund”) were treated with such solicitude Literally, the holders of some of these foreign-law bonds were just asked politely whether they would like to restructure and when they said no (some did say yes), they were paid in full and on time. By contrast, the holders of the local-law bonds got taken to the woodshed.</p>
<p>The events in Greece itself would have entitled the past twelve months to go down as one of the most eventful in periods in sovereign debt history. But so much more happened as well. In Ireland, to restructure the debts of one of the banking institutions at the center of that nation’s crisis, the authorities invoked a technique called the Exit Exchange. This technique, through the 1990s, had been used to successfully engineer multiple sovereign debt restructurings (among them, Ecuador, Uruguay and the Dominican Republic). The technique is one that is aimed at, to put it politely, <em>incentivizing</em> holdout creditors to accept a restructuring offer that a majority of other creditors like, but that the holdouts would rather not take. As a legal matter, utilizing the technique has always been a tricky matter, since there is a fine line between deterring holdout creditors from blocking a deal that is in the collective interest of the creditor group and coercing the whole group. In the transactions, the Irish authorities decided to go on an all out attack in terms of the “offer you don’t want to refuse” that they presented creditors with. The debt in question though was governed by English law and an English judge in <em>Assénagon Asset Management v. IBRC</em> decided that the aforementioned line had not only been crossed, but abused and trampled. So much so that he wrote an opinion that called into question the validity of all future uses of the technique. Whether the opinion is followed by other courts is yet to be seen. But I suspect that regardless of how much commentators complain about the <em>Assénagon</em> case, the Exit Exchange technique will never be the same.</p>
<p>In the meantime, while announcing that the Greek restructuring was “unique and exceptional”, the euro area authorities mandated, starting January 1, 2013, what is easily the biggest change in contract language in sovereign debt contracts ever. All Eurozone sovereign debt contracts, regardless of governing law or other provisions, will henceforth (with minor allowances for a transition period) will contain Collective Action Clauses or CACs. These E-CACs in question are the technical devices that Greece imposed on its bonds legislatively so as to be able to engineer its March 2012 restructuring. The Eurozone has put into effect in all bonds for all of its members, much the same mechanism that Greece utilized. There are at least two things about this Euro CAC initiative that are historically significant. First, the reform attempts to change the standard template for not just foreign-law governed bonds (the focus of prior contract reform attempts), but also local-law bonds. Second, the contract terms here are being mandated. Prior to this, sovereigns had always chosen the contract terms that they thought best suited their individual interests.  No longer; at least not in the euro area. The policy decision was made that one size should fit all. It might be a bit puzzling to some of us as to why, given the supposedly “unique and exceptional” character of the Greek restructuring these E-CACs are needed, but only time will tell.</p>
<p>To repeat myself, the foregoing should have been enough to conclude that the past twelve months were the most significant twelve month period in the history of the sovereign debt markets. But we have not gotten to the biggest event of them all &#8212; the holdout litigation against Argentina in the Second Circuit Court of Appeals in New York.</p>
<p>The defining feature of sovereign debt, for time immemorial, has been that such debt is near impossible to enforce. Sovereigns, pretty much, have always been able to thumb their nose at creditors whenever they wanted. They pay because they want to, not because they have to. On rare occasions, there have been creditors who were important or big enough that they could get their nation’s gunboats to act as enforcers, but these events have been few and far between. And, in any event, using gunboats to enforce debt isn’t really allowed these days. Indeed, in the academic literature, there is a cottage industry of articles asking the question of why, absent enforcement, anyone in the modern era lends to a sovereign.  Well, all of that may have changed. The seeds of this change were laid in an obscure case in Brussels from a decade ago. The case provided a radical interpretation of a standard provision in sovereign debt contracts that everyone used (the <em>pari passu</em> clause), but almost no one understood. For about a decade or so, the implications of that case were largely dismissed by the pooh bahs of the sovereign market. No one else would follow <a href="http://www.press.uchicago.edu/ucp/books/book/chicago/T/bo14365624.html" target="_blank">this outrageous Belgian decision</a>, they said. That is, until October 26, 2012, when the theory from that Brussels litigation found favor with a three-judge panel of the Second Circuit in New York &#8212; arguably the most sophisticated court on business matters anywhere. That case, that has been occupying the pages of the financial papers for some time now, and is the <a href="http://cmlj.oxfordjournals.org/content/8/2/123.extract" target="_blank">centerpiece of</a> <a href="http://cmlj.oxfordjournals.org/content/8/2/132.extract" target="_blank">the most recent</a> <a href="http://cmlj.oxfordjournals.org/content/8/2/149.extract" target="_blank">issue of the</a> <a href="http://cmlj.oxfordjournals.org/" target="_blank"><em>Capital Markets Law Journal</em></a>, is <em>NML Capital v. Republic of Argentina</em>.</p>
<p>To reiterate, the basic enforcement problem with sovereigns is that sovereigns themselves are hard to sue and harder still to enforce against (most of their assets tend to be on their home soil). Enterprising creditors though, figured out that while they might not be able to get at the sovereigns themselves, they could perhaps get at others who the sovereigns cared about, who were less able to protect themselves (any fan of movies about the mafia and its enforcement techniques will immediately grasp the basic idea). Ordinarily, we suspect that a court would not have gone down the path of enabling creditor action of this type. But the defendant in this case is special &#8212; it is the Republic of Argentina, that (some might say) has been doing its best to aggravate and annoy the federal courts in New York for over a decade where unpaid creditors have been litigation ever since Argentina’s mammoth default a decade ago. <em>NML Capital v. Republic of Argentina</em> allows the creditors to get at the third parties; in particular, financial intermediaries, but maybe also other creditors who the Republic is choosing to pay while stiffing the holdouts. If <em>NML v. Argentina</em> holds up on appeal &#8212; and, as of this writing, it has held up well &#8212; this will mark the most fundamental change in sovereign debt in multiple centuries. These debts will now be enforceable. It still won’t be easy to enforce, but <a href="http://ftalphaville.ft.com/2013/04/03/1444992/les-holdouts-miserables/" target="_blank">it won’t be impossible</a>.</p>
<p>To show how this case has already had an impact on the direction of future events, on 4 March 2013, just a few weeks ago, the tiny Caribbean island of Grenada was on the receiving end of a request that third parties be enjoined, just as they were in NML. And this injunction was not sought by some hedge fund in Greenwich, Conecticut. It was requested by the Taiwanese Ex Im Bank. It may not be that long before we see suits against other nations who have long unpaid debts. Rumors of the potential impact of the NML decision seem to have even trickled down to the market for antique bonds. The owner of my favorite antique bond shop tells me that defaulted Chinese and Russian bonds from the early part of the twentieth century have increased in price in recent months; and particularly the ones with <em>pari passu</em> clauses (yes, she said “pari passu”). Somebody out there thinks that the probability of recovery on these bonds has just increased. I do wonder whether their excitement will wane somewhat when they tackle the statute of limitations issue.</p>
<p>And then there is Cyprus. On Friday, 15 March 2013, European leaders trespassed on consecrated ground. They insisted that Cyprus impose losses &#8212; euphemistically dubbed a “solidarity levy” &#8212; on insured depositors with Cypriot banks as a condition to receiving EU/IMF bailout assistance. Cyprus was in deep crisis thanks to its oversized banking sector. Contrary to anything anyone expected (other than perhaps the nincompoops in the room that Friday night), Cyprus decided not only to go after bank deposits, but also insured deposits. And at the same time, it also decided that it would pay its bonds &#8212; a sizeable portion of which were rumored to be held by foreign hedge funds &#8212; on time and in full. Faced with almost universal shock and criticism for its first decision, Cyprus quickly backed off its first plan (its legislature did not even give the plan a single vote), and has now put in place an alternate plan that primarily pursue uninsured depositors in some of its weakest banks (for some bizarre reason, the bondholders still get paid in full). It is not clear that the current plan will suffice, given the damage that the announcement of the first plan and the general move toward chasing deposits for debt relief has done to the Cypriot banking sector (the key industry for that small economy). In other words, Cyprus will probably need more debt relief than it had first calculated and the bondholders may yet get whacked. But, for purposes of this note, I’ll say just this: Wow.</p>
<p><em>This is an updated and expanded version of <a href="http://www.oxfordjournals.org/page/5181/1" target="_blank">the Editor&#8217;s Note in the current issue of Capital Markets Law Journal</a>. </em></p>
<blockquote><p><a href="http://law.duke.edu/fac/gulati/" target="_blank">Mitu Gulati</a> is the North America Regional Editor (March 2013) for Capital Markets Law Journal. He is a Professor at Duke University. His research interests are currently in the evolution of contract language, the history of international financial law and the measurement of judicial behavior. </p></blockquote>
<blockquote><p><a href="http://cmlj.oxfordjournals.org/" target="_blank">Capital Markets Law Journal</a> is essential for all serious capital markets practitioners and for academics with an interest in this growing field around the World. It is the first periodical to focus entirely on aspects related to capital markets for lawyers and covers all of the fields within this practice area: Debt; Derivatives; Equity; High Yield Products; Securitisation; and Repackaging. With an international perspective, each issue covers articles and news relevant to the financial centres in the US, Europe and Asia.</p></blockquote>
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<p>The post <a href="http://blog.oup.com/2013/04/sovereign-debt-after-march-2013/">Sovereign debt after March 2013</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p><img src="http://feeds.feedburner.com/~r/oupblogbizecon/~4/n_osdduiBnw" height="1" width="1"/>]]></content:encoded>
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		<title>Is stock market trading good for society?</title>
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		<pubDate>Mon, 29 Apr 2013 10:30:46 +0000</pubDate>
		<dc:creator>Alice</dc:creator>
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		<description><![CDATA[<p><strong>By Alex Edmans, Vivian W. Fang, and Emanuel Zur</strong>
Short-term stock traders -- such as hedge funds -- have come under fire for pursuing their own profits rather than the long-run health of companies they invest in. The recent financial crisis added fuel to flames, but they had started burning several decades earlier. In the 1980s, many commentators argued that Japan’s economic success resulted from shareholders taking long-term stakes and thus having incentives to improve their firms’ long-run health. </p><p>The post <a href="http://blog.oup.com/2013/04/is-stock-market-trading-good-for-society/">Is stock market trading good for society?</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By Alex Edmans, Vivian W. Fang, and Emanuel Zur</h4>
<p><strong></strong><br />
Short-term stock traders &#8212; such as hedge funds &#8212; have come under fire for pursuing their own profits rather than the long-run health of companies they invest in. The recent financial crisis added fuel to flames, but they had started burning several decades earlier. In the 1980s, many commentators argued that Japan’s economic success resulted from shareholders taking long-term stakes and thus having incentives to improve their firms’ long-run health. They thus pushed the government to take actions to reduce the stock market’s “<a href="http://oxforddictionaries.com/definition/english/liquidity" target="_blank">liquidity</a>” &#8212; the ease with which investors can trade their shares. These calls have resurfaced in the recent crisis, through calls for transactions taxes and short-sales restrictions to dissuade “excessive” trading.</p>
<h5>The Costs of Liquidity &#8212; The Traditional View</h5>
<p><strong></strong><br />
The traditional view is that liquidity undermines a firm’s corporate governance. Under this view, blockholders (large <a href="http://oxforddictionaries.com/definition/english/shareholder" target="_blank">shareholders</a>) can improve governance through engaging in direct intervention, otherwise known as “<em>voice</em>” &#8212; for example, removing an underperforming manager or blocking a misguided acquisition. But intervention is costly. Thus, blockholders may choose to simply sell their shares and walk away from a troubled firm. Liquidity makes selling easier, and thus discourages blockholders from sticking around and improving the firm’s long-run health. </p>
<h5>The Benefits of Liquidity &#8212; The Modern View</h5>
<p><strong></strong><br />
But it is far from clear that liquidity is detrimental to governance &#8212; and thus to society. Indeed, Japan’s “lost decade” of the 1990s raised doubts about the low-liquidity model. The theoretical literature has identified two major benefits of liquidity. First, liquidity makes it easier for shareholders to acquire a block to begin with (<a href="http://www.jstor.org/stable/2601007" target="_blank">Kyle and Vila (1991)</a>, <a href="https://faculty.fuqua.duke.edu/~qc2/BA532/1998%20JF%20Kahn%20and%20Winton%20Intervention%20and%20speculation.pdf" target="_blank">Kahn and Winton (1998)</a>, <a href="http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.187.1352&#038;rep=rep1&#038;type=pdf" target="_blank">Maug (1998)</a>). By encouraging large shareholders to form, it facilitates voice. Second, <a href="http://faculty-gsb.stanford.edu/admati/documents/Wallstreetwalk_research.pdf" target="_blank">Admati and Pfleiderer (2009)</a>, <a href="http://finance.wharton.upenn.edu/~aedmans/Blockholders.pdf" target="_blank">Edmans (2009)</a>, and <a href="http://finance.wharton.upenn.edu/~aedmans/MB.pdf" target="_blank">Edmans and Manso (2011)</a> show that the act of selling one’s shares (engaging in “<em>exit</em>”), far from being the antithesis of governance, can be a governance mechanism in itself. Such sales drive down the stock price, which hurts the manager because his pay depends on the stock price. The threat of exit induces him to maximize value in the first place.  </p>
<h5>What Does The Data Say?  </h5>
<p><strong></strong><br />
With theoretical arguments for the desirability of liquidity being on both sides, it is ultimately an empirical question. Thus, it is to the data to which we turn. We analyze how liquidity affects both the decision to acquire a block and the choice of governance mechanism (exit or voice) once the block has been acquired. We study a particular type of blockholder &#8212; activist hedge funds &#8212; because they are unconstrained by legal restrictions and thus have both voice and exit at their disposal. Overall, we uncover a positive effect of liquidity on governance.</p>
<p>First, liquidity increases the likelihood that an activist hedge fund acquires a block (a stake of at least 5%) in a firm. To address concerns that there could be reverse causality (governance causes liquidity, rather than liquidity causing governance), or omitted variables driving both governance and liquidity, we use the decimalization of the US stock exchanges in 2001 as a natural experiment. This event led to a sudden increase in liquidity that was not caused by changes in governance. </p>
<p><img src="http://blog.oup.com/wp-content/uploads/2013/02/probablityofbeingtargeted.jpg" alt="" title="probablityofbeingtargeted" width="518" height="355" class="aligncenter size-full wp-image-35866" /></p>
<p>Second, liquidity reduces the likelihood that the hedge fund files a <a href="http://www.sec.gov/answers/sched13.htm" target="_blank">Schedule 13D</a> (which conveys an activist intent) upon block acquisition, and correspondingly increases the likelihood that it files a <a href="http://www.investopedia.com/terms/s/schedule13g.asp" target="_blank">Schedule 13G</a> (which conveys a passive intent). This finding is consistent with the traditional view that liquidity weakens governance as it discourages voice. However, it is also consistent with the “exit” view that liquidity merely causes a blockholder to adopt a different form of governance &#8212; exit rather than voice.  </p>
<p><img src="http://blog.oup.com/wp-content/uploads/2013/02/percentageof13ds.jpg" alt="" title="percentageof13ds" width="537" height="352" class="aligncenter size-full wp-image-35867" /></p>
<p>Third, we find that a 13G finding indeed represents a governance mechanism. It leads to increases in both stock price and operating performance, particularly in liquid firms. These results support the “exit” view that the 13G filings, that are encouraged by liquidity, represent governance through exit rather than the abandonment of governance altogether (as argued by the traditional view). </p>
<p>Our final finding concerns voice. Our first result, stated earlier, was that liquidity increases the likelihood of block acquisition, but our second result was that it decreases the likelihood of a 13D, conditional upon block acquisition. We find that the first effect outweighs the second. Thus, liquidity increases the unconditional incidence of voice. Coupled with its positive effect on exit, liquidity has an overall beneficial effect on governance. </p>
<p><img src="http://blog.oup.com/wp-content/uploads/2013/02/unconditionalprobablity.jpg" alt="" title="unconditionalprobablity" width="530" height="354" class="aligncenter size-full wp-image-35868" /></p>
<h5>Conclusion</h5>
<p><strong></strong><br />
<a href="http://www.oxfordjournals.org/page/4953/9 " target="_blank">Our findings</a> suggest that policymakers should not rush into regulations that inhibit trading. It is through trading that investors can acquire a large stake to begin with, and also punish an underperforming firm by selling their stake.   </p>
<p>More broadly, <a href="http://www.oxfordjournals.org/page/4953/9 " target="_blank">our recent paper</a> contributes to a recent literature on the real effects of financial markets. The traditional view (e.g. <a href="http://www.brookings.edu/~/media/Projects/BPEA/1990%202/1990b_bpea_morck_shleifer_vishny_shapiro_poterba.PDF" target="_blank">Morck, Shleifer, and Vishny (1990)</a>) is that financial markets are simply a side-show, that passively reflect a firm’s fundamentals &#8212; for example, a fall in the stock price reflects a deterioration in firm performance. This newer literature, surveyed by <a href="http://finance.wharton.upenn.edu/~aedmans/FeedbackSurvey.pdf" target="_blank">Bond, Edmans, and Goldstein (2012)</a>, shows that stock prices actively affect a firm’s fundamentals &#8212; a fall in the stock price exerts governance on the manager by worsening his compensation and reputation; the threat of such a fall induces the manager to exert effort. Thus, policymakers should take into account the effects of financial markets on real economic activity when designing regulations. </p>
<blockquote><p><a href="http://finance.wharton.upenn.edu/~aedmans" target="_blank">Alex Edmans</a> is an assistant professor of finance at The Wharton School, University of Pennsylvania, a Faculty Research Fellow of the National Bureau of Economic Research, and a Research Associate of the European Corporate Governance Institute. <a href="http://www.csom.umn.edu/faculty-research/fangw/Vivian_W_Fang.aspx" target="_blank">Vivian W. Fang</a> is an assistant professor of accounting at the Carlson School of Management, University of Minnesota. <a href="http://mitsloan.mit.edu/faculty/detail.php?in_spseqno=53993" target="_blank">Emanuel Zur</a> is an assistant professor of accounting at the Zicklin School of Business, Baruch College. They are the authors of the paper <a href="http://www.oxfordjournals.org/page/4953/9 " target="_blank">“The Effect of Liquidity on Governance”</a> in the new issue of <strong>The Review of Financial Studies</strong>, which is available to read for free for a limited time.</p></blockquote>
<blockquote><p>The <a href="http://rfs.oxfordjournals.org/" target="_blank">Review of Financial Studies</a> is a major forum for the promotion and wide dissemination of significant new research in financial economics. As reflected by its broadly based editorial board, the Review balances theoretical and empirical contributions. The Review is sponsored by The Society for Financial Studies.</p></blockquote>
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<p>The post <a href="http://blog.oup.com/2013/04/is-stock-market-trading-good-for-society/">Is stock market trading good for society?</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p><img src="http://feeds.feedburner.com/~r/oupblogbizecon/~4/NjPJsDXo1bA" height="1" width="1"/>]]></content:encoded>
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		<title>McDonald’s revisited: when globalization goes native</title>
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		<pubDate>Thu, 04 Apr 2013 07:30:47 +0000</pubDate>
		<dc:creator>Alice</dc:creator>
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		<description><![CDATA[<p><strong>By David Ellwood</strong>
In January 2013 the <em>Daily Telegraph</em> ran a story on the refusal of the inhabitants of the famed old neighbourhood of Montmartre, in Paris, to accept the arrival in their midst for the first time of a Starbucks coffee shop. The Paris Pride heritage association denounced this "attack on the place’s soul." A resident said "we must do everything to stop this disfiguring, as it opens the door to any old rubbish."</p><p>The post <a href="http://blog.oup.com/2013/04/mcdonalds-revisited-when-globalization-goes-native/">McDonald&#8217;s revisited: when globalization goes native</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By David Ellwood </h4>
<p><strong></strong><br />
In January 2013 the <a href="http://www.nytimes.com/2012/03/31/business/starbucks-tailors-its-experience-to-fit-to-european-tastes.html?pagewanted=all&#038;_r=0" target="_blank"><em>Daily Telegraph</em> ran a story</a> on the refusal of the inhabitants of the famed old neighbourhood of Montmartre, in Paris, to accept the arrival in their midst for the first time of a Starbucks coffee shop. The Paris Pride heritage association denounced this &#8220;attack on the place’s soul.&#8221; A resident said &#8220;we must do everything to stop this disfiguring, as it opens the door to any old rubbish.&#8221; Twenty years previously, said local sources, McDonald’s had tried to open, but they had been forced out. Now the invader was back, just with a different disguise.</p>
<p><a href="http://www.parisfierte.com/2012/11/starbucks-a-montmartre-lassociation-paris-fierte-dit-non-merci/" target="_blank"><img src="http://blog.oup.com/wp-content/uploads/2013/04/Pas-de-Starbucks-à-Montmartre-450x636.jpg" alt="" title="Pas-de-Starbucks-à-Montmartre-450x636" width="450" height="636" class="alignright size-full wp-image-38181" /></a>What is it about these world-wide American food and drink experiences which can still set off such resistance in local communities wherever they choose to land? Of course this is by no means a universal reaction, in time or place, otherwise there would not be 1,700 Starbucks shops across Europe (including Russia), or 7,300 McDonald’s restaurants, with more coming even in the crisis. But the multi-faceted power of these companies, and their apparently unstoppable will to expansion, has provoked a variety of antagonisms over the years. Starbucks’ historian, Bryant Simon, talks of ‘pushback’. More serious is the ‘brand backlash’ that a <a href="http://www.nytimes.com/2003/03/30/weekinreview/the-world-when-a-brand-becomes-a-stand-in-for-a-nation.html" target="_blank"><em>New York Times</em> correspondent saw</a> in the targeting of McDonald’s around the world at the time of the Iraq war.  </p>
<p>Most of the negative impulses have been temporary, not least because the chains have responded to the irritations they can produce: adapting menus, advertising, and their restaurants to local tastes. And by no means all the reactions have been destructive: ‘pushback’ can produce interesting alternatives to the enemy. But in a world where tensions between the ‘global’ and the ‘local’ are never far away,  these American names remind us that only the US possesses truly universal food brands, with Coke still the world’s most powerful trademark of all, according to the agencies which rank such things. So, whatever it might wish, the high profile of McDonald’s, its unrivalled resources and symbolic associations, have tended to get the company caught up in the politics of change in all those cultures where conflicts of modernization have been particularly intense.</p>
<p>In his pioneering work on America’s role in debates over the future in 20th century France (<em>Seducing the French</em> 1993), Richard Kuisel focuses at one point on the controversy Coca-Cola set off when it arrived in the country in 1949. The Left was against it, the wine-producers deplored it, the government and the press opposed it. The Cold War was raging and Coke openly waved the US flag. But Kuisel writes that at stake were issues of modernity, sovereignty, and identity which have endured long after the Cold War, and are still felt well beyond France. &#8220;Our problem is to find a formula of life as between the old traditions and the new world rushing into us from every side,&#8221; said the Irish writer Sean O’Faolain in 1940. In the second half of the 20th century, repeated waves of technological, social, and cultural novelties coming from across the Atlantic, usually driven by market forces, have meant that the shock of the future usually arrived with an unmistakeable American accent. Was this an ‘Irresistible Empire’ as Victoria De Grazia suggested in her 2005 survey of the impact and reception of American models of consumerism in 20th century western Europe?</p>
<p>In the post-Cold War era of globalization, identity politics took off in Europe and in many places across the globe. As the renowned political scientist Stanley Hoffmann of Harvard put it, the more societies  converged in their (Western-style) systems of living, the more each tried to cling to its native idiosyncracies. And in many lands, food became one of the key areas of contention in this struggle. The Minister of Agriculture in Italy’s Berlusconi government of 2009, from the separatist Northern League party, declared that he would not eat pineapple, let alone hamburgers, and encouraged the elimination of kebab stores and other alien food presences from his territory. (Meanwhile the Minister of Culture in the same government hired the founder of McDonald’s in Italy as his commercial adviser.) </p>
<p>But Italy showed that the politics of food could be much more constructive and intelligent than these gestures suggested. In 1989 the International <a href="http://www.slowfood.com/sloweurope/" target="_blank">Slow Food campaign</a> was founded, inspired by journalist Carlo Petrini. He had originally gained fame in a protest against the arrival of McDonald’s close by Rome’s ancient Spanish Steps. Today Petrini’s movement comprises websites, magazines, seminars, food fairs, and a gastronomic university. It has gone global and inspired an ever-expanding food retail chain under the Eataly brand. Contrast this with the fate of France’s anti-McDonald’s lobby. Led from 1999 by a charismatic farmer, José Bové, who shot to notoriety by <a href="http://news.bbc.co.uk/2/hi/europe/1171329.stm" target="_blank">destroying a McDonald’s building site</a>, the protesters chose to join the militant wing of the anti-globalization struggle. In 2007 Bové gained 1.3% of the vote at the Presidential election and disappeared into the European Parliament.</p>
<p>So the continuing success of <a href="http://www.mcdpressoffice.eu/aboutus.php" target="_blank">McDonald’s in Europe</a> &#8212; its second largest area by presence outside the US &#8212; demonstrates yet again the splitting effect that America’s cultural challenges produce, between nations and within them. Slow Food gets the headlines but McDonald’s gets the youthful crowds. Traditionalists and cultural élites (not always the same) tend to deplore the low-cost, quantity-over-quality thrust of the chain, just as they have done since the days of Woolworth’s and Hollywood, and as they do today in nations like India, where small shops fight the spread of supermarkets. Now, ten years after the Iraq war, America’s presence in the world seems less controversial than it once was, and so does McDonald’s. Whether the brand still acts as a stand-in for the nation we shall only see in the next crisis. In the meantime the company believes it has found a synthesis of its own best traditions and those of the young and old who rush into its restaurants, looking for speed, value &#8212; and a safe hamburger &#8212; wherever they are.</p>
<blockquote><p>David Ellwood is an Associate Professor of International History at University of Bologna and Adjunct Professor in European-American Relations at Johns Hopkins University, SAIS Bologna Center. He is the author of <a href="http://ukcatalogue.oup.com/product/9780198228790.do" target="_blank">The Shock of America: Europe and the Challenge of the Century</a>. His first major book was Italy 1943-1945: The Politics of Liberation (1985) then came Rebuilding Europe: Western Europe, America and Postwar Reconstruction (1992). The fundamental theme of his research &#8212; the function of American power in contemporary European history &#8212; has shifted over the years to emphasize cultural power, particularly that of the American cinema industry. He was President of the International Association of Media and History 1999-2004 and a Fellow of the Rothermere America Institute, Oxford, in 2006.</p></blockquote>
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<em>Image credit: Pas de Starbucks à Montmartre poster from PARIS FIERTÉ <a href="http://www.parisfierte.com/2012/11/starbucks-a-montmartre-lassociation-paris-fierte-dit-non-merci/" target="_blank">via PARIS FIERTÉ website</a>. Used for the purpose of illustration.</em> </p>
<p>The post <a href="http://blog.oup.com/2013/04/mcdonalds-revisited-when-globalization-goes-native/">McDonald&#8217;s revisited: when globalization goes native</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p><img src="http://feeds.feedburner.com/~r/oupblogbizecon/~4/q2W1OLz8itI" height="1" width="1"/>]]></content:encoded>
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		<title>IRS boondoggles: Star Trek videos and reasonable compensation cases</title>
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		<pubDate>Mon, 01 Apr 2013 12:30:56 +0000</pubDate>
		<dc:creator>Alice</dc:creator>
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		<description><![CDATA[<p><strong>By Edward Zelinsky</strong>
Many Americans have seen the now-infamous <em>Star Trek</em> video made by the IRS with taxpayer funds. It is painful to watch. Captain Kirk (known in the 21st century as William Shatner) pronounced himself “appalled at the utter waste of U.S. tax dollars.” The video’s dialogue is depressingly sophomoric. The acting talents of the IRS employees are comparable to the acting talents of law professors, that is to say, nonexistent.</p><p>The post <a href="http://blog.oup.com/2013/04/irs-star-trek-reasonable-compensation-cases/">IRS boondoggles: <i>Star Trek</i> videos and reasonable compensation cases</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<p style="text-align: center;"><a href="http://blog.oup.com/wp-content/uploads/2009/01/jr_1218_ezthoughts.jpg"><img class="size-medium wp-image-2783 aligncenter" title="jr_1218_ezthoughts" src="http://blog.oup.com/wp-content/uploads/2009/01/jr_1218_ezthoughts.jpg" alt="" /></a></p>
<h4>By Edward Zelinsky</h4>
<p><strong></strong></p>
<p>Many Americans have seen the now-infamous <em>Star Trek</em> video made by the IRS with taxpayer funds. It is painful to watch. Captain Kirk (known in the 21<sup>st</sup> century as William Shatner) <a href="http://thehill.com/blogs/blog-briefing-room/news/290319-shatner-appalled-by-irs-star-trek-spoof" target="_blank">pronounced </a>himself “appalled at the utter waste of U.S. tax dollars.” The video’s dialogue is depressingly sophomoric. The acting talents of the IRS employees are comparable to the acting talents of law professors, that is to say, nonexistent.</p>
<p><a href="http://blog.oup.com/2013/04/irs-star-trek-reasonable-compensation-cases/"><em>Click here to view the embedded video.</em></a></p>
<p>But this video is not the worst IRS boondoggle to recently come to light. That award goes to the IRS for spending public resources to litigate <em>K&amp;K Veterinary Supply, Inc. v. Commissioner.</em></p>
<p>This was a reasonable compensation case, so-called because the IRS attacked the reasonability and therefore the tax deductibility of the salaries paid to employees of a closely-held corporation. The IRS never contests as unreasonable the multi-million dollar salaries routinely paid by publicly-traded corporations to failed and ethically-challenged executives. What the IRS deems unreasonable are the far smaller salaries paid to the hard-working and successful owners of closely-held corporations.</p>
<p>The facts of <em>K&amp;K Veterinary Supply, Inc.</em> are typical of these reasonable compensation cases: a successful, family-owned corporation paid salaries on the order of $981,728 to the corporation’s sole shareholder and $215,000 to his wife. These individuals paid federal income taxes on these salaries. The IRS’s goal (which it achieved) was to get a second, corporate tax on part of these amounts on the theory that these salaries were unreasonable and therefore not fully deductible for corporate income tax purposes.</p>
<p>The salaries paid in <em>K&amp;K Veterinary Supply, Inc.</em> constitute a lot of money for most of us. But these salaries are pocket change for the Masters of the Universe who control our major publicly-traded corporations. Many of these executives are competent, ethical individuals who earn their pay honorably. But others are not.</p>
<p>Why does the IRS challenge the compensation paid to the owner in <em>K&amp;K Veterinary Supply, Inc.</em> as unreasonable but not the millions paid to Jamie Dimon of JPMorgan Chase? Perhaps because Mr. Dimon’s compensation (like that of other presidents of major corporations) is set by a nominally independent board of directors and professional compensation consultants. However, it is today hard to take seriously the purported independence or professionalism of these kinds of directors and consultants.</p>
<p>In a case like <em>K&amp;K Veterinary Supply, Inc., </em>the IRS effectively attacks entrepreneurial success in family-owned corporations as unreasonable. The problematic nature of these cases contrasts with recent and commendable IRS successes in combating illegal tax shelters including unreported foreign bank accounts. It is these kinds of productive activities to which the IRS should be devoting its resources, not <em>Star Trek</em> videos or reasonable compensation cases like <em>K&amp;K Veterinary Supply, Inc.</em></p>
<blockquote><p><img class="alignleft" title="zelinsky" src="http://blog.oup.com/wp-content/uploads/2010/12/zelinsky-120x92.jpg" alt="" width="120" height="92" />Edward A. Zelinsky is the Morris and Annie Trachman Professor of Law at the <a href="http://www.cardozo.yu.edu/" target="_blank">Benjamin N. Cardozo School of Law of Yeshiva University</a>. He is the author of <a href="http://www.amazon.com/Origins-Ownership-Society-Contribution-Paradigm/dp/0195339355" target="_blank">The Origins of the Ownership Society: How The Defined Contribution Paradigm Changed America</a>. His monthly column appears <a href="http://blog.oup.com/index.php?s=edward+zelinsky" target="_blank">here</a>.</p></blockquote>
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<p>The post <a href="http://blog.oup.com/2013/04/irs-star-trek-reasonable-compensation-cases/">IRS boondoggles: <i>Star Trek</i> videos and reasonable compensation cases</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p><img src="http://feeds.feedburner.com/~r/oupblogbizecon/~4/tbKtmHzq2oo" height="1" width="1"/>]]></content:encoded>
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		<title>Mark Blyth on austerity</title>
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		<pubDate>Mon, 25 Mar 2013 12:30:06 +0000</pubDate>
		<dc:creator>Alice</dc:creator>
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		<description><![CDATA[<p>It is one of the most important topics in world politics and economics, yet few understand how it works and its real impact. Austerity — that toxic combination of politics and economics — must be recognized for what it is and what it costs us. The arguments for it are thin, while the evidence of its impact on wealth and income inequality is ample. For every economy to grow, this dead economic idea needs to stay dead.</p><p>The post <a href="http://blog.oup.com/2013/03/mark-blyth-on-austerity/">Mark Blyth on austerity</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<p>It is one of the most important topics in world politics and economics, yet few understand how it works and its real impact. Austerity &#8212; that toxic combination of politics and economics &#8212; must be recognized for what it is and what it costs us. The arguments for it are thin, while the evidence of its impact on wealth and income inequality is ample. For every economy to grow, this dead economic idea needs to stay dead. </p>
<p>Political economist Mark Blyth, author of <a href="http://www.oup.com/us/catalog/general/subject/Politics/?view=usa&#038;ci=9780199828302" target="_blank">Austerity: The History of a Dangerous Idea</a>, explains how austerity leads to low growth and hurts economies from local to global. </p>
<p><a href="http://blog.oup.com/2013/03/mark-blyth-on-austerity/"><em>Click here to view the embedded video.</em></a></p>
<blockquote><p>Mark Blyth is Professor of International Political Economy at Brown University. He is the author of <a href="http://www.oup.com/us/catalog/general/subject/Politics/?view=usa&#038;ci=9780199828302" target="_blank">Austerity: The History of a Dangerous Idea</a> and Great Transformations: Economic Ideas and Institutional Change in the Twentieth Century. </p></blockquote>
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		<title>Is competition always good?</title>
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		<pubDate>Mon, 25 Mar 2013 10:30:03 +0000</pubDate>
		<dc:creator>KimberlyH</dc:creator>
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		<description><![CDATA[<p><strong>By Maurice E. Stucke</strong>
Wow! That is what my university’s former football coach wanted to hear from prospective student-athletes when touring the new $45 million football practice facility. Parts of my university need repair. Departments face resource constraints. But the new practice facility was to set the standard in the university’s fierce competition for talented recruits. So our former coach led reporters through the planned 145,000 square-foot building, with its grand team meeting room, custom-designed chairs, hydro-therapy room, restaurant, nutrition bar, and lockers equipped to charge iPads and cellphones. </p><p>The post <a href="http://blog.oup.com/2013/03/is-competition-always-good-antitrust/">Is competition always good?</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By Maurice E. Stucke</h4>
<p><strong></strong><br />
Wow! That is what my university’s former football coach wanted to hear from prospective student-athletes when touring the new $45 million football practice facility. Parts of my university need repair. Departments face resource constraints. But the new practice facility was to set the standard in the university’s fierce competition for talented recruits. So our former coach led reporters through the planned 145,000 square-foot building, with its grand team meeting room, custom-designed chairs, hydro-therapy room, restaurant, nutrition bar, and lockers equipped to charge iPads and cellphones. But as the tour concluded, our coach observed that several rival universities, upon seeing our planned facility, were planning even more expensive training facilities. As our rivals spend millions on elaborate facilities, none of the universities have a sustained competitive advantage. And other student needs remain unmet.</p>
<p style="text-align: center;"><img class="aligncenter" title="University of Tennessee Football" src="http://upload.wikimedia.org/wikipedia/commons/thumb/c/cb/Tenn_Pride_Southland_Field.jpg/640px-Tenn_Pride_Southland_Field.jpg" alt="" width="427" height="320" /></p>
<p>Competition is ordinarily viewed as good. It is, after all, the backbone of most developed countries’ economic policies. Promoting competition is broadly accepted as the best available tool for promoting economic well-being. Competition can yield lower prices, better quality, more choices, innovation, greater efficiency, increased productivity, and additional economic development and growth. Competition has its social and moral virtues, such as promoting individual initiative, liberty, and free association. Not surprisingly, competition can take a religious quality, especially among antitrust enforcers. They regularly try to protect the public from harmful special interest legislation, premised on complaints of excess competition.</p>
<p>Competition, although seen as good, is not pervasive. At times the laws and informal norms stress cooperation, rather than competition. We don’t want parishioners, after all, competing for pews, or children competing for their parents’ affection. Some areas aren’t subject to market competition (e.g. human organs) or are exempt from competition laws (e.g. labor). Even though competition is generally seen as good, not all forms of competition are necessarily good. So we distinguish between fair and unfair means of competing &#8212; to promote the soccer player’s artful pass while punishing the scoundrel’s rough elbow. But for most commercial activity, competition on the merits is the presumed policy. It is the glue that binds our economy.</p>
<p><img class="aligncenter" title="Soccer" src="http://upload.wikimedia.org/wikipedia/commons/thumb/0/0c/Cesc_F%C3%A0bregas_Anderson.jpg/509px-Cesc_F%C3%A0bregas_Anderson.jpg" alt="" width="439" height="415" /></p>
<p>While watching my university’s football coach tour the state-of-the-art facilities, I wondered whether competition always benefits society. When does competition devolve into its pejorative synonyms: arms race and race-to-the-bottom? When is competition the problem’s cause, rather than its cure? These questions expose competition policy’s blind spot. Few within antitrust circles ask these questions. Instead, their elixir often is more, rather than less, competition.</p>
<p>Interestingly, an <a href="http://www.sciencemag.org/content/25/627/18" target="_blank">economist</a> examined over a century ago these questions. Competition, Irving Fisher found, works to society’s benefit under two assumptions: first, when each individual can best judge what serves his interest and makes him happy; and second, when individual interests are aligned with collective interests. These two assumptions often are valid; competition, as a result, reliably delivers. But when these assumptions don&#8217;t hold, as recent developments in the economic and psychology literature show, competition can worsen the problem. One scenario is where firms effectively compete to exploit overconfident consumers with imperfect willpower (think credit cards). Rather than compete to help consumers obtain or find solutions for their imperfect willpower, firms instead compete in devising better ways to exploit consumers.</p>
<p style="text-align: left;">A second scenario is where individual and group interests diverge. Competition benefits society when individual and group interests and incentives are aligned (or at least don&#8217;t conflict). But when individual interests diverge from collective interests, as in the case of <a href="http://oxforddictionaries.com/definition/english/testosterone" target="_blank">testosterone</a>, the competitors and society are worse off. Wall Street traders, the press <a href="http://www.ft.com/intl/cms/s/0/68015bb2-51b8-11e1-a99d-00144feabdc0.html#axzz2NRnLHbQp" target="_blank">reports</a>, are boosting their testosterone levels. One <a href="http://www.pnas.org/content/105/16/6167.abstract" target="_blank">study</a> found that traders, with higher morning testosterone levels, were likelier to earn more profits that day. Higher testosterone levels can increase the traders’ appetite for risk and fearlessness. So traders, weighing the benefits and risks, can rationally decide to boost their testosterone levels to gain a relative competitive advantage (or at least not be competitively disadvantaged against higher testosterone traders). However, as other traders inject testosterone, the traders no longer enjoy a relative competitive advantage. They and society are collectively worse off.</p>
<p>We saw this race-to-the-bottom before the economic crisis. With the expansion of Fitch Ratings, the competitive pressures on the two entrenched ratings agencies increased. Their cultures changed. They increasingly emphasized greater market share and short-term profits. To gain a relative advantage, they lowered their rating requirements. Their ratings quality deteriorated. As the U.S. Financial Crisis Inquiry Commission <a href="http://www.gpo.gov/fdsys/pkg/GPO-FCIC/pdf/GPO-FCIC.pdf" target="_blank">found</a>, Moody’s alone rated nearly 45,000 mortgage-related securities as AAA. In contrast, in early 2010, only six private-sector companies were rated AAA. So too nations compete for a relative advantage by relaxing their banking, environmental, safety, and labor protections. Their competitive race-to-the-bottom ultimately leaves them and their citizens collectively worse off.</p>
<p><a href="http://www.oxfordjournals.org/page/4649/3" target="_blank">So is competition in a market economy always good?</a> If the answer is no, a separate issue is whether we should allow private parties to deal with these types of failures or whether legislation is required. Once we recognize that market competition produces at times worse results, the debate shifts to whether the problem of suboptimal competition can be better resolved privately (by perhaps relaxing antitrust scrutiny to private restraints) or with additional governmental regulations (which raises issues over the form of regulation and who should regulate).</p>
<p>So when you hear the policymaker’s refrain of making markets more competitive, competition likely is the solution. But as football coaches, Wall Street traders, ratings agencies, and nations realize, increasing competition at times worsens, rather than cures, the problem.</p>
<blockquote><p>When he joined the University of Tennessee in 2007, Prof. <a href="http://law.utk.edu/people/maurice-e-stucke/" target="_blank">Maurice E. Stucke</a> brought 13 years of litigation experience as an attorney at the U.S. Department of Justice’s Antitrust Division and Sullivan &amp; Cromwell. A Fulbright Scholar in 2010-2011 in the People&#8217;s Republic of China, he serves as a Senior Fellow at the American Antitrust Institute, on the boards of the Academic Society for Competition Law and the Institute for Consumer Antitrust Studies, and as one of the United States&#8217; non-governmental advisors to the International Competition Network. His <a href="http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=594071" target="_blank">scholarship</a> has been cited by the U.S. courts, the OECD, competition agencies, and policymakers. You can read his article <a href="http://www.oxfordjournals.org/page/4649/3" target="_blank">&#8220;Is competition always good?&#8221;</a> in the Journal of Antitrust Enforcement.</p></blockquote>
<blockquote><p>The <a href="http://antitrust.oxfordjournals.org/" target="_blank">Journal of Antitrust Enforcement</a> is a new launch journal from Oxford University Press in 2013. All content is freely available online for a limited time and papers published ahead of the first print volume (April 2013) are available online now. The Journal of Antitrust Enforcement provides a platform for leading scholarship on public and private competition law enforcement, at both domestic and international levels. The journal covers a wide range of enforcement related topics, including: public and private competition law enforcement, cooperation between competition agencies, the promotion of worldwide competition law enforcement, optimal design of enforcement policies, performance measurement, empirical analysis of enforcement policies, combination of functions in the competition agency mandate, and competition agency governance. Other topics include the role of the judiciary in competition enforcement, leniency, cartel prosecution, effective merger enforcement, competition enforcement and human rights, and the regulation of sectors.</p></blockquote>
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<em>Image Credit: (1) The University of Tennessee Pride of the Southland Marching Band performs pregame at the UT vs. California football game. Photo by Jordan3757, Creative Commons License via <a href="http://commons.wikimedia.org/wiki/File:Tenn_Pride_Southland_Field.jpg" target="_blank">Wikimedia Commons.</a><br />
(2) Arsenal&#8217;s Cesc Fàbregas (white shirt) duels with Anderson of Manchester United. Photo by Gordon Flood, Creative Commons Licence via <a href="http://commons.wikimedia.org/wiki/File:Cesc_F%C3%A0bregas_Anderson.jpg" target="_blank">Wikimedia Commons.</a></em></p>
<p>The post <a href="http://blog.oup.com/2013/03/is-competition-always-good-antitrust/">Is competition always good?</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p><img src="http://feeds.feedburner.com/~r/oupblogbizecon/~4/9nOs7hLLXG0" height="1" width="1"/>]]></content:encoded>
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		<title>Buyer Beware: The case of Lysol disinfectant</title>
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		<comments>http://blog.oup.com/2013/03/lysol-birth-control-advertising/#comments</comments>
		<pubDate>Mon, 18 Mar 2013 10:30:13 +0000</pubDate>
		<dc:creator>ErinM</dc:creator>
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		<description><![CDATA[<p><strong>By Kristin Hall</strong>
As North Americans, should we have confidence that the products we purchase are safe? Should we trust that manufacturers and advertisers keep consumer welfare in mind during the marketing process – from product conception to point of purchase? Of course we should. One would hope that corporations would have a sense of moral responsibility to act in the best interest of their customers.</p><p>The post <a href="http://blog.oup.com/2013/03/lysol-birth-control-advertising/">Buyer Beware: The case of Lysol disinfectant</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By Kristin Hall</h4>
<p><b></b><br />
As North Americans, should we have confidence that the products we purchase are safe? Should we trust that manufacturers and advertisers keep consumer welfare in mind during the marketing process &#8212; from product conception to point of purchase? Of course we should. One would hope that corporations would have a sense of moral responsibility to act in the best interest of their customers. If companies don’t recognize their moral obligations, legal entities exist to protect us…right? </p>
<p><img src="http://blog.oup.com/wp-content/uploads/2013/03/iStock_000007983868XSmall.jpg" alt="" title="iStock_000007983868XSmall" width="425" height="282" class="alignright size-full wp-image-36829" />Unfortunately this isn’t always the case, and historically speaking, corporate North America has a long history of knowingly producing dangerous products, making misleading, fraudulent claims, and harming the consumer. In some cases, these very products are still on store shelves. Take Lysol, for example. Today, millions trust it to clean their sinks and countertops without incident. But in the 1920s and 1930s &#8212; and until the 1960s &#8212; women across Canada and the United States suffered burns and scarring because they chose to trust the makers of Lysol. Lehn &amp; Fink, interwar manufacturer of Lysol, said that their product could be used as a contraceptive vaginal douche. In other words, Lysol was advertised as a form of birth control (which was illegal in North America in the 1920s and 1930s), consumers believed them, some were seriously injured, and many became pregnant.</p>
<p>In <a href="http://www.oxfordjournals.org/page/5093/1" target="_blank">researching how Lysol could possibly have got away</a> with such irresponsible behavior for so long, two issues came to light. First, the company devised an advertising campaign that communicated to consumers that their product could be used to avoid unwanted pregnancies without actually saying it was a birth control product. The term “feminine hygiene” was a euphemism for birth control that illegal birth control manufacturers like Lysol coined in the 1920s. Unfortunately, it caught on, which is unsurprising since the ads using the phrase also included rhetoric surrounding aging caused by worry over using an ineffective feminine hygiene product (read worry over unwanted pregnancy) and invoked imagery of marital strife because women didn&#8217;t use feminine hygiene (meaning women failed to obtain birth control and were choosing abstinence, causing marital problems).</p>
<p>The second major issue was that legal authorities were powerless because of the euphemism the company used. Without actually saying it was intended for use as birth control, Lysol could, and did, deny that they were advertising the product as birth control, despite the fact that everyone knew they were lying. What’s more, neither Canada nor the US had any consumer protection laws to prevent this kind of dangerous false advertising. They had laws pertaining to unfair competition between firms and misbranding, but nothing that protected the consumer.</p>
<p>While Lysol is only advertised as a household cleaning product these days, there are companies that still try to take advantage of consumers and evade the legal ramifications. In 2012, for instance, the <a href="http://www.ftc.gov/os/highlights/2012/topics/deceptiveAdvertising.shtml" target="_blank">American Federal Trade Commission</a> prosecuted huge corporations such as athletic wear and shoe producer Reebok for claiming one of their shoes would strengthen lower body muscles. Likewise, Nivea was prosecuted for falsely claiming one of their creams could reduce users’ body size. </p>
<p>Of course, these examples are not as extreme as Lysol’s interwar advertising and authorities today, armed with useful laws, stepped in to protect consumers. The trouble is, these products were advertised and made their way into the hands of consumers as Lysol and its birth control method once did. In Canada and the US, laws are in place to protect us, but the responsive nature of the legal system means that companies can go about telling us and selling us what they want until they get caught. But at least they can get caught.</p>
<p>So, should we have faith in the consumer market that has really come to define North American society? Well, we certainly shouldn’t be afraid of it, but both historical and contemporary examples suggest we should be vigilant. Perhaps the safest way to approach the market is with some consumer confidence, accompanied by a healthy dose of skepticism. </p>
<blockquote><p><a href="http://www.triuhistory.ca/kristin-hall/" target="_blank">Kristin Hall</a> is a graduate student in the history department at the University of Waterloo. She is the author of <a href="http://www.oxfordjournals.org/page/5093/1" target="_blank">“Selling Sexual Certainty? Advertising Lysol as a Contraceptive in the United States and Canada, 1919-1939&#8243;</a> in the most recent issue of in Enterprise &amp; Society, which is available to read for free for a limited time.</p></blockquote>
<blockquote><p><a href="http://es.oxfordjournals.org/" target="_blank">Enterprise &amp; Society</a> offers a forum for research on the historical relations between businesses and their larger political, cultural, institutional, social, and economic contexts. The journal aims to be truly international in scope. Studies focused on individual firms and industries and grounded in a broad historical framework are welcome, as are innovative applications of economic or management theories to business and its context.</p></blockquote>
<p>Subscribe to the OUPblog via <a href="http://feedburner.google.com/fb/a/mailverify?uri=oupblog" target="_blank">email</a> or <a href="http://feeds.feedburner.com/oupblog" target="_blank">RSS</a>.<br />
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<em>Image credit: Woman checking food labelling in supermarket. <a href="http://www.istockphoto.com/stock-photo-7983868-woman-checking-food-labelling.php" target="_blank">monkeybusinessimages via iStockphoto</a>. </em></p>
<p>The post <a href="http://blog.oup.com/2013/03/lysol-birth-control-advertising/">Buyer Beware: The case of Lysol disinfectant</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p><img src="http://feeds.feedburner.com/~r/oupblogbizecon/~4/4Mxut5_d6iM" height="1" width="1"/>]]></content:encoded>
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		<title>Divided nations</title>
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		<pubDate>Thu, 14 Mar 2013 10:30:33 +0000</pubDate>
		<dc:creator>Alice</dc:creator>
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		<description><![CDATA[<p><strong>By Ian Goldin</strong>
The growing disconnect between the problems that bind us and the countries that divide is the greatest threat to humanity. Each day we are confronted by mounting evidence of the yawning governance gap. Recently, British people have been surprised to find their meat has been through the mincer of multiple legal jurisdictions through which beef has been blended with horse.</p><p>The post <a href="http://blog.oup.com/2013/03/divided-nations-global-governance-ian-goldin/">Divided nations</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By Ian Goldin</h4>
<p><strong></strong><br />
The growing disconnect between the problems that bind us and the countries that divide is the greatest threat to humanity. Each day we are confronted by mounting evidence of the yawning governance gap. Recently, British people have been surprised to find their meat has been through the mincer of multiple legal jurisdictions through which beef has been blended with horse. Russians have been shocked by a meteorite that crashed unannounced into their territory, due to the failure of global coordination of space. In Tokyo, a bluefin tuna was auctioned in Tokyo for USD$1.7 million, raising concerns globally that market signals may be hastening the extinction of rare tuna. And in the United States, Hurricane Sandy’s impact on lower Manhattan and the New Jersey shore has raised interest in the work of scientists who identify freak storms as an early warning of climate change. Meanwhile, across Europe the aftermath of the financial storm continues to destroy jobs and livelihoods.</p>
<p>The past months highlight the rising impact of global developments on all our lives. Two forces have combined to mean that we are more interdependent than ever. The first is that the walls have come down. Only North Korea is now isolated. The changes unleashed with the destruction of the Berlin Wall have rippled around the world. There has been a political, economic, and technological convergence. Flows of information as well as finance, goods, services, and people across borders have transformed the nature of our societies and opportunities. Physical barriers have come down since the end of the Cold War, but so too have virtual barriers, with the internet providing the information system for hyper-globalization.</p>
<p><img class="aligncenter size-full wp-image-36053" title="Social Network." src="http://blog.oup.com/wp-content/uploads/2013/02/iStock_000021857191XSmall.jpg" alt="" width="490" height="245" /></p>
<p>This is good news, and has been associated with the most rapid rise in incomes in history. Poverty more often than not is because people are disconnected from globalization, as they don&#8217;t have the infrastructure, education, or access to benefit from new opportunities. Increased integration of ideas and opportunities has been associated with the most rapid rise in population and urbanization in human history. There are two billion more people on the planet than when the Berlin Wall came down. As a species, we are more intimately connected physically and virtually than at any time since our distant ancestors left their collective East African communities over a hundred thousand years ago to flee dangers and explore our beautiful world.</p>
<p>The growth in incomes and people reflects the success of globalization. Unfortunately, while people and systems have become more integrated, increasingly making national boundaries almost irrelevant, politicians and governance systems are locked into fossilized national structures which have failed to keep pace with global developments. The result is that globalization is not being managed. The pressure is rising as problems fester and complexity gives way to cascading failures and collapse. Financial crises, pandemics, cyber attacks, climate change, and other global threats are the underbelly of globalization. The more connected we are, the more we need to accept that we need global management.</p>
<p>The financial crisis is the first of the 21<sup>st</sup> century crises but will certainly not be the last. The lessons must urgently be learned. First, we need to recognise that technological and social change are evolving at an accelerated pace, and politicians and regulators need to map and understand the recent evolution of the key threats. Second, the most significant challenges that arise are likely to emerge from cross-border or global threats. If the primary purpose of governments is to protect us, this needs to be an urgent focus of attention. Third, none of these threats can be addressed by any one country alone. Even the most powerful and largest countries &#8212; such as the USA or China &#8212; will require increased international cooperation. Fourth, the existing global institutions are unfit for 21<sup>st</sup> century purpose. Finance is the best endowed, most joined up and most powerful of the global institutional systems &#8212; and yet it proved itself incapable of moving beyond its Bretton Woods mandate. A core purpose of the global financial system is to guarantee global financial stability. This system, which is the best we have of the global institutions, proved itself unfit for 21<sup>st</sup> century purpose. Urgent reform and renewal is required.</p>
<p>Better global institutions are only part of the solution. They can be only as good as the countries that govern them allow. Our politicians and public need to recognise the need for global action and provide the necessary political mandate for reform and resources that are required for effective governance, if this is to be achieved. Equally importantly, we need to think about alternatives and new models of governance. Professional networks, social accountability systems, the role of non-government organisations, together with the mobilisation of action by subsets of willing participants and other new methods of moving global governance forward, are required. We cannot rely on the slow melt of the icebergs or their institutional equivalents in the global governance system to initiate global action.</p>
<p>We have the power to act. Global actions require local and national participation. There is no necessary trade off. International cooperation and action requires community perspectives and legitimacy if it is to be effective. Nations are divided, but we as citizens need not be. Indeed, we cannot be, if we are to address the critical 21<sup>st</sup> century challenges.</p>
<blockquote><p><a href="http://www.oxfordmartin.ox.ac.uk/director/" target="_blank">Ian Goldin</a> is Professor and Director of the <a href="http://www.oxfordmartin.ox.ac.uk/" target="_blank">Oxford Martin School</a> at Oxford University. Ian previously was Vice President and Director of Policy at the World Bank after serving as advisor to President Mandela and Chief Executive of the Development Bank of Southern Africa. He has published 17 books, the most recent of which is <a href="http://ukcatalogue.oup.com/product/9780199693900.do" target="_blank">Divided Nations: Why global governance is failing and what we can do about it</a>, published by Oxford University Press in March 2013. He will be at the <a href="http://www.namesnotnumbers.com/" target="_blank">Names, Not Numbers Ideas Festival</a> 17-19 March, including the &#8216;Bright Ideas&#8217; panel at 9:45 a.m. on 18 March 2013; the <a href="ttp://oxfordliteraryfestival.org/literature-events-2013/saturday-16/divided-nations-why-global-governance-is-failing" target="_blank"><em>Sunday Times</em> Oxford Literary Festival on 16 March</a> , 12 noon (tickets £11); <a href="http://www2.lse.ac.uk/publicEvents/events/2013/03/20130320t1830vHKT.aspx" target="_blank">London School of Economics and Political Science (LSE) on 20 March</a>, 18:30 &#8211; 20:00; and <a href="http://www.oxfordmartin.ox.ac.uk/event/1539" target="_blank">Blackwell’s Bookshop Oxford on 25 April</a>, 19:00 &#8211; 20:00. Tickets £3 from Blackwell’s customer service department.</p></blockquote>
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<em>Image credit: 3D little human character X9 in a Network, holding Tablet Computer. People series. <a href="http://www.istockphoto.com/stock-photo-21857191-social-network.php" target="_blank">Image by jojje9999, iStockphoto.</a></em></p>
<p>The post <a href="http://blog.oup.com/2013/03/divided-nations-global-governance-ian-goldin/">Divided nations</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p><img src="http://feeds.feedburner.com/~r/oupblogbizecon/~4/HuxUdgCcKc8" height="1" width="1"/>]]></content:encoded>
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		<title>Fools and horses</title>
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		<pubDate>Wed, 13 Mar 2013 16:30:59 +0000</pubDate>
		<dc:creator>Alice</dc:creator>
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		<description><![CDATA[<p><strong>By Dick Hobbs</strong>
The news that sections of the UK public may have been munching on horse, rather than beef, has prompted renditions of an all too familiar refrain from British politicians and their cohorts in the media. “Mafia gangs” and “mobsters” have apparently combined in an “international conspiracy” to doctor the rump of the British menu in the form of cheap frozen meals.</p><p>The post <a href="http://blog.oup.com/2013/03/british-horse-meat-scandal/">Fools and horses</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By Dick Hobbs</h4>
<p><strong></strong><br />
The news that sections of the UK public may have been munching on horse, rather than beef, has prompted renditions of an all too familiar refrain from British politicians and their cohorts in the media. “Mafia gangs” and “mobsters” have apparently combined in an “international conspiracy” to doctor the rump of the British menu in the form of cheap frozen meals. However, the assertion that foreigners are at the heart of this problem has a lineage with origins extending far beyond the relatively recent construction of organised crime in the UK. </p>
<p><img src="http://blog.oup.com/wp-content/uploads/2013/03/shutterstock_105460301-460x379.jpg" alt="" title="shutterstock_105460301-460x379" width="460" height="379" class="aligncenter size-full wp-image-36904" /></p>
<p>In the early 20th century, Jewish immigration from the <a href="http://www.jewishvirtuallibrary.org/jsource/History/pale.html" target="_blank">Pale of Settlement</a> was portrayed as a criminal problem connected to the vice trade, in particular “white slavery” with all of its connotations of international trade and global conspiracy. Despite anything approaching viable evidence, the British political class reacted with the Aliens Act of 1905, which was targeted specifically at Jews. They introduced immigration controls and registration for aliens, defining some groups of migrants as ‘undesirable’, and made entry to the UK discretionary rather than automatic. </p>
<p>Alien transgression continued to represent a particularly dangerous threat to British society and one that required extraordinary legislative measures. During the First World War, the threat of foreigners peddling drugs to London-based Allied servicemen caused a moral panic to spread, such that in 1914 the House of Commons passed the <a href="http://oxfordindex.oup.com/view/10.1093/oi/authority.20110803095706799" target="_blank">Defence of the Realm Act</a>. This was a catch-all ‘ways and means’ law, utilized to impose a wide range of authoritarian measures, including making the possession of both opium and cocaine illegal in the wake of growing fears concerning off-duty soldiers being plied with drugs by foreigners. The Act drove the trade underground, inducing a form of amnesia upon the long relationship that Britain had with opium in particular &#8212; a relationship that had included a willingness to fight two wars in order to enforce opium trafficking. Historically, the louche dilettantism of imperially formed self-indulgence ensured that, as long as the working classes refrained, opium smoking had been an acceptable vice, particularly amongst ex-colonialists and London’s literary elite. However, in the wake of jingoistic sentiment instigated by the First World War, opium now became associated with illegal nightlife, and in particular as a substance that assisted devious Orientals in the seduction and degradation of white women.  Consequently, opium prohibition was accompanied by a clamp down on the Chinese community as it became an ideal platform for the re-establishment of pre-war patriarchal values. The terrors that had been generated by images of Jewish sexuality were now being replayed against a backdrop of drugs and white slavery, involving international traffic controlled by yet another alien criminal conspiracy, and the moral panic regarding the Chinese provided yet another prototype for the idea of international organised criminal conspiracies. </p>
<p>Post-World War II, concerns about prostitution in London once again focused upon foreigners &#8211; this time the Maltese. In 1953 a Sunday tabloid journalist wrote a six-week exposé of &#8220;the most complicated and certainly the most powerfully organized gang of vice this nation has ever known&#8221; who &#8220;controlled vice in London for a period of over ten years&#8221; and ran a &#8220;vice empire.&#8221; Although conveniently labelled as Maltese, the five Messina brothers were of mixed Egyptian, Sicilian, and Maltese decent, and had operated brothels in Sicily, Malta, Egypt, Morocco, and Spain. However, the tabloid journalist was the close friend and biographer of Billy Hill, one of the Messinas’ many rivals in post war Soho, and historian Stephan Slater has recently questioned the notion of London’s vice trade being dominated by a foreign monopoly, pointing out that  these &#8220;emperors of a vice empire in the heart of London&#8221; had, at the peak of their careers, only 20 women working for them. Rather than operating a pervasive, transgressive network, the Messinas were one of many groups controlling prostitutes, and were in fact paying protection money to a wide range of white indigenous predators, including Billy Hill and members of the Metropolitan Police. However, the Messinas’ case confirmed in the British imagination the direct association between vice and foreigners, contributing considerably to the implementation of the 1960 Street Offences Act, which took prostitution off of the streets and into premises owned predominantly by white British “businessmen”.</p>
<p>Back to another kind of meat market, and early in 2013 organised criminals from Eastern Europe were identified as the culprits for making British dinner time a covert equestrian event. The story, occasionally accompanied by pictures of herds of wild Romanian horses, appeared cheek by quivering jowl alongside concerns that Bulgarian and Romanian citizens constituted a gathering wave of criminality, one that was about to break upon these beleaguered shores when they acquire free movement across the EU in 2014. As we can see above, we have been here before, and when the alleged sources of some of the horsemeat was later identified as emanating no further east than West Wales and West Yorkshire, the slaughterhouse owners came across less like Tony Soprano and more like extras from Emmerdale.</p>
<p>Organised crime made its debut in UK policy circles in the 1980s with the end of the cold war, alongside increasing pressure from the USA and the United Nations to engage in the <a href="http://oxfordindex.oup.com/view/10.1093/oi/authority.20111012200548527" target="_blank">War on Drugs</a>. The problem of organised crime in the UK was constructed during the 1990s and the early 21st century, within institutions designed specifically to police a convenient, demonic catch-all of foreign instigated transgression that is central to both media and law enforcement narratives of unlicensed capitalism. However, this focus upon the alleged international character of the supply side misses the point. The illegal trades that serve market society depends upon the unremarkable quest for a bargain by competent consumers: those seeking an ounce of this, a gram of that, 200 ‘Albanian Marlboro’, and a DVD of a Hollywood blockbuster courtesy of a extremely polite Chinese youth who delivers the goods at 9 p.m. every Friday. But the entitlements of affluence that are central to Western society  also value cheap commercial sex, somebody to pick up the kids from school and do a little light dusting, or for the increasingly impoverished population of early 21st century Britain, a cheap frozen lasagne. </p>
<p>Beef, horsemeat, human flesh or temporary oblivion all have a price, but blaming strangers with difficult to pronounce names for their provision merely obscures the banality of our desires and the timidity of our resolve to address the racism that rests at the heart of the UK’s interpretation of organised crime.  </p>
<blockquote><p><a href="http://www.essex.ac.uk/sociology/staff/profile.aspx?ID=2317" target="_blank">Dick Hobbs</a> is Professor of Sociology and Director of the Criminology Centre at the University of Essex, and Professor of Sociology at the University of Western Sydney. He is the author of <a href="http://ukcatalogue.oup.com/product/9780199668281.do" target="_blank">Lush Life: Constructing Organized Crime in the UK</a>. He previously held Chairs at the University of Durham and the London School of Economics. An ethnographer by trade, he is sceptical of the rise of criminology and has published widely on the sociologies of deviance, of East London, organized and professional crime, the night-time economy and the 2012 Olympics.</p></blockquote>
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<p>The post <a href="http://blog.oup.com/2013/03/british-horse-meat-scandal/">Fools and horses</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p><img src="http://feeds.feedburner.com/~r/oupblogbizecon/~4/srZ57RhS3fQ" height="1" width="1"/>]]></content:encoded>
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		<title>Why are Mexicans leaving farm work, and what does this mean for US farmers?</title>
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		<pubDate>Fri, 08 Mar 2013 13:30:32 +0000</pubDate>
		<dc:creator>LaurenH</dc:creator>
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		<description><![CDATA[<p><strong>By J. Edward Taylor and Diane Charlton </strong>
Agriculture in North America traditionally has had its comparative advantage in having access to abundant low-skilled labor from Mexico. Around 70% of the United States hired farm workforce is Mexico-born, according to the National Agricultural Worker Survey (NAWS). Fruit, vegetable, and horticultural farms in the US have enjoyed an extended period of farm labor abundance with stable or decreasing real wages. </p><p>The post <a href="http://blog.oup.com/2013/03/mexicans-farm-work-united-states/">Why are Mexicans leaving farm work, and what does this mean for US farmers?</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By J. Edward Taylor and Diane Charlton </h4>
<p><strong></strong></p>
<h5>The Findings</h5>
<p><strong></strong><br />
Agriculture in North America traditionally has had its comparative advantage in having access to abundant low-skilled labor from Mexico. Around 70% of the United States hired farm workforce is Mexico-born, according to the National Agricultural Worker Survey (NAWS). Fruit, vegetable, and horticultural farms in the US have enjoyed an extended period of farm labor abundance with stable or decreasing real wages. However, new panel data reveal a declining long-term trend in the farm labor supply in rural Mexico. In coming years, US farmers will need to offer higher wages to induce new workers to migrate northward to US farm jobs.</p>
<h5>The Evidence</h5>
<p><strong></strong><br />
Migration within Mexico and to the US increased in the years prior to the recession; however, with the onset of the recession there was a sharp decrease in migration to the US (see Figure 1). The combined shares of the workforce migrating to agriculture either within Mexico or to the US decreased between 2007 and 2010. In contrast, the percentage of the workforce working in the Mexican non-farmwork sector grew steadily.</p>
<div id="attachment_36354" class="wp-caption aligncenter" style="width: 584px"><a href="http://blog.oup.com/2013/03/mexicans-farm-work-united-states/farm-labor-graph/" rel="attachment wp-att-36354"><img class="size-full wp-image-36354" src="http://blog.oup.com/wp-content/uploads/2013/03/Farm-Labor-Graph.jpg" alt="" width="574" height="343" /></a><p class="wp-caption-text">Figure 1. Number of workers that migrate to each sector by survey round. Taylor, J.E., D. Charlton, and A. Yúnez-Naude. 2012. “The End of Farm Labor Abundance.” <em>Applied Economic Perspectives and Policy.</em> 34(4):587-98.</p></div>
<p>Mexico is following the pattern of countries around the world: as its income rises, workers shift out of farm work into other sectors. Mexico’s per-capita income, adjusted for the cost of living, now exceeds $15,000 per year. Growth in Mexico’s non-agricultural employment began before the recession and persists now. As non-farm opportunities increase, the Mexican workforce will continue moving out of agriculture.</p>
<h5>Why do we see decreases in the supply of Mexican farm labor?</h5>
<p><strong></strong><br />
The received wisdom in development economics is that the domestic supply of agricultural labor starts out being relatively elastic (i.e., abundant), but the farm labor supply shifts inward and becomes less elastic as countries’ per-capita incomes increase and people shift from farm to nonfarm jobs. In order to induce domestic workers to supply their labor to farm jobs, agricultural wages must rise apace with nonagricultural wages. This is all the more true if non-farm jobs bring non-pecuniary benefits compared to farm jobs and/or workers associate farm jobs with drudgery.</p>
<p>Tighter border enforcement and drug-related violence along the border may deter migration, but our analysis suggests that for US agriculture their main effect is largely secondary, reinforcing a negative trend in rural Mexicans’ willingness to do farmwork. For example, after the “great recession” in 2008, the share of Mexican immigrants working in agriculture decreased more than the share working in non-agriculture. The recession had a large negative impact on construction and service jobs in the non-farm sector while labor demand in the farm sector remained steady and commodity prices rose. If unemployed workers in the non-farm sector sought jobs on US farms during the recession, then one might expect the supply of agricultural labor to increase. Data show that some immigrants did shift from non-farm to farm work after the recession, but more shifted from farm to non-farm in the US. If the decrease in immigration in recent years were the result of increases in border patrol or drug-related violence, then the decrease in farm labor supply should be similar to the decrease in non-farm labor supply, but the data show the opposite.</p>
<p>US agriculture appears to be doubly adversely affected by the decline in the supply of immigrant labor and a shift in the Mexican labor supply away from farmwork.</p>
<h5>Implications for US agriculture</h5>
<p><strong></strong><br />
A declining farm labor supply in rural Mexico and competition from Mexico’s farmers combine to raise the reservation wage of migrating to the United States—that is, the minimum US farm wage needed to induce new workers to migrate northward to farm jobs. US growers must look for substitute inputs to agricultural production as the supply of agricultural workers is declines.</p>
<h5>Potential solutions for US farmers</h5>
<p><strong></strong><br />
One solution is to seek migrant workers from other countries with lower reservation wages. However, the US-Mexico situation is unique, with two countries at vastly different levels of income sharing a common border. Central American countries are small compared to Mexico and they too are changing. The cost of importing low-skilled labor increases progressively as one looks farther afield, say, to Asia. Consequently, importing agricultural labor into the US from more distant countries does not appear plausible.</p>
<p>Another solution is to invest in labor-saving agricultural technologies and transition away from labor-intensive crops. Under this scenario, capital improvements in farm production will increase the marginal product of farm labor, and US farms will change their labor-management practices, hiring fewer workers at higher wages. In the years 2007-2009, 23% of US farmworker families had income below the poverty line (<a href="http://www.choicesmagazine.org/choices-magazine/theme-articles/immigration-and-agriculture/hired-farm-workers" target="_blank">Martin, 2012</a>). Improvements in agricultural production technology are a necessary input to increase farm wages, allowing farmworker families to rise above the poverty line. Simultaneously, rising farm wages create an incentive for farmers to make the necessary investments to raise farmworker productivity.</p>
<blockquote><p>J. Edward Taylor and Diane Charlton are the authors of <a href="http://www.oxfordjournals.org/page/4725/11" target="_blank">&#8220;The End of Farm Labor Abundance&#8221;</a> in the Applied Economic Perspectives and Policy, which is available to read for free for a limited time. <a href="http://jetaylor.ucdavis.edu" target="_blank">Edward Taylor</a> is Professor of Agricultural and Resource Economics and Director of the Center on Rural Economies of the Americas and Pacific Rim (REAP) at the University of California, Davis, where he teaches courses on international development economics and econometric methods. He is also co-editor of the <strong>American Journal of Agricultural Economics</strong> and founder of the alternative textbook initiative, RebelText.org. Taylor has written extensively on the economy-wide impacts of agricultural and development policies and on immigration.  He co-authored <em>Village Economies: The Design, Estimation and Use of Villagewide Economic Models</em> (Cambridge University Press) and <em>Worlds in Motion: Understanding  International Migration at the End of the Millenium</em> (Oxford University Press). He is listed in <em>Who’s Who in Economics</em> and has advised a number of foreign governments and international development agencies on matters related to economic development. <strong>Diane Charlton</strong> is a PhD student in Agricultural and Resource Economics at the University of California, Davis. Her areas of focus are agriculture and international development.</p></blockquote>
<blockquote><p><a href="http://aepp.oxfordjournals.org/" target="_blank">Applied Economic Perspectives and Policy</a> aims to present high-quality research in a forum that is informative to a broad audience of agricultural and applied economists, including those both inside and outside academia, and those who are not specialists in the subject matter of the articles. In addition, AEPP publishes specially-commissioned featured articles focusing on the synthesis and integration of applied research and on future research agendas.</p></blockquote>
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		<title>For stronger gun control laws; against the divestiture of gun stocks</title>
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		<pubDate>Mon, 04 Mar 2013 12:30:56 +0000</pubDate>
		<dc:creator>KimberlyH</dc:creator>
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		<description><![CDATA[<p><strong>By Edward Zelinsky</strong>
Even before the events in Newtown, I supported the strengthening of gun control laws. Advocates of gun rights correctly assert the need for better enforcement of existing laws as well as the urgency of confronting the violent nature of our culture. But General McChrystal is also correct. There is no compelling reason for civilians to own or possess high capacity weaponry designed for military missions.</p><p>The post <a href="http://blog.oup.com/2013/03/gun-control-laws-divestiture-gun-stocks/">For stronger gun control laws; against the divestiture of gun stocks</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<p style="text-align: center;"><a href="http://blog.oup.com/wp-content/uploads/2009/01/jr_1218_ezthoughts.jpg"><img class="size-medium wp-image-2783 aligncenter" title="jr_1218_ezthoughts" src="http://blog.oup.com/wp-content/uploads/2009/01/jr_1218_ezthoughts.jpg" alt="" /></a></p>
<h4>By Edward Zelinsky</h4>
<p><strong></strong><br />
Even before the events in <a href="http://blog.oup.com/2012/12/oxford-authors-on-sandy-hook/" target="_blank">Newtown</a>, I supported the strengthening of gun control laws. Advocates of gun rights correctly assert the need for better enforcement of existing laws as well as the urgency of confronting the violent nature of our culture. But General McChrystal is also correct. There is no compelling reason for civilians to own or possess high capacity weaponry designed for military missions.</p>
<p>The case against the <a href="http://oxforddictionaries.com/us/definition/american_english/divestiture?q=divestiture" target="_blank">divestiture</a> by public pension plans of the stocks of gun manufacturers is as strong as the case for stronger gun control laws. Such divestitures have been undertaken by public pension plans in New York City, Chicago, and California. If individuals want to avoid gun stocks in their personal investments (including their own <a href="http://oxforddictionaries.com/us/definition/american_english/IRA?q=IRA" target="_blank">IRAs</a> and self-directed 401(k) accounts), they have every right to do so. However, pension <a href="http://oxforddictionaries.com/us/definition/american_english/fiduciary?q=fiduciaries#fiduciary__8" target="_blank">fiduciaries</a> are not investing their own money. Such fiduciaries should not use the funds under their control to pursue political agendas &#8212; even political agendas with which I agree.</p>
<p>For public pension fiduciaries to divest gun stocks is both futile and troubling. In a competitive market, such divestiture is an economically meaningless gesture. When the New York, Chicago, and California pension plans sold gun stocks, someone else bought them. The net result was an ineffectual game of musical chairs which simply shifted the ownership of these gun stocks from one owner to another.</p>
<p><img class="alignright" title="New York Stock Exchange" src="http://upload.wikimedia.org/wikipedia/commons/thumb/2/2d/New_York_Stock_Exchange_NYC.JPG/640px-New_York_Stock_Exchange_NYC.JPG" alt="" width="448" height="291" /></p>
<p>Moreover, there is no principled limit once political criteria are introduced into the investment of public pension funds. If pension trustees should divest the stocks of gun manufacturers to advance a political agenda, why don’t they also divest the stocks of companies that make the unhealthy foods that New York Mayor Mike Bloomberg correctly identifies as a severe public health problem? Or why do they not sell the stock of the media and software companies which make violent movies and video games?</p>
<p>To avoid this slippery slope, fiduciary law declares that pension funds should be invested, not to further anyone’s social agenda but to exclusively benefit the financial capacity of pension plans to fund the retirement payments they owe. The exclusive benefit rule, as it has become known, precludes the fiduciaries of pension plans from pursuing objectives which, no matter how worthy, divert pension resources from the mission of providing retirement income. Once that diversion starts, there is no convincing place for it to stop.</p>
<p>Many public pension plans confront serious problems including underfunding unrealistic rate of return assumptions and the ongoing retirement of the Baby Boomer workforce, that will stress such plans in unprecedented numbers. In this challenging environment, the exclusive benefit rule serves the salutary purpose of assuring that pension funds are invested with a single-minded focus on producing economic returns. Pension plans should not pursue social agendas which, however worthy, are irrelevant to pensions’ mission of providing retirement benefits.</p>
<p>Our elected officials should push for additional laws to control gun violence and for stronger enforcement of existing laws. The executives of media and software companies should act responsibly to reduce the violent nature of their products. But pension trustees should not divest gun stocks to further the gun control agenda.</p>
<blockquote><p><a href="http://blog.oup.com/wp-content/uploads/2010/12/zelinsky.jpg"><img class="alignleft" title="zelinsky" src="http://blog.oup.com/wp-content/uploads/2010/12/zelinsky-120x92.jpg" alt="" width="120" height="92" /></a>Edward A. Zelinsky is the Morris and Annie Trachman Professor of Law at the <a href="http://www.cardozo.yu.edu/" target="_blank">Benjamin N. Cardozo School of Law of Yeshiva University</a>. He is the author of <a href=" http://www.oup.com/us/catalog/general/subject/Law/LawSociety/?view=usa&amp;ci=9780195339352" target="_blank">The Origins of the Ownership Society: How The Defined Contribution Paradigm Changed America</a>. His monthly column appears <a href="http://blog.oup.com/index.php?s=edward+zelinsky" target="_blank">on the OUPblog</a>.</p></blockquote>
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<em>Image Credit: New York Stock Exchange. Photo by Elbie Ancona, 12 August 2010. Creative Commons License via <a href="http://commons.wikimedia.org/wiki/File:New_York_Stock_Exchange_NYC.JPG" target="_blank">Wikimedia Commons.</a></em></p>
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		<title>Don’t get taken for a ride: taxis and other “tricky” markets</title>
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		<pubDate>Wed, 27 Feb 2013 07:30:17 +0000</pubDate>
		<dc:creator>Kirsty</dc:creator>
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		<description><![CDATA[<p><strong>By Loukas Balafoutas</strong>
Have you ever wondered if your car mechanic is charging you too much? Or been worried about taking your laptop to a computer specialist, because that might cost you almost as much as a new computer? Have you ever suspected that your taxi is driving you in circles when you were visiting a tourist destination?</p><p>The post <a href="http://blog.oup.com/2013/02/dont-get-taken-for-a-ride-taxis/">Don’t get taken for a ride: taxis and other “tricky” markets</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By Loukas Balafoutas</h4>
<p><strong> </strong><br />
Have you ever wondered if your car mechanic is charging you too much? Or been worried about taking your laptop to a computer specialist, because that might cost you almost as much as a new computer? Have you ever suspected that your taxi is driving you in circles when you were visiting a tourist destination? For most people the answer to at least one of those questions is a loud “yes”! So, what is it that makes us consumers so vulnerable in these – and other – kinds of situations? The answer is straightforward: it’s all about <em>information</em>.</p>
<p><a href="http://www.istockphoto.com/stock-photo-12247057-taxi.php?st=363fc44"><img class="alignleft  wp-image-34654" title="Taxi" src="http://blog.oup.com/wp-content/uploads/2013/01/taxi.jpg" alt="" width="390" height="240" /></a>The above are all examples of so called <em>credence goods markets</em>: the seller has superior information, in other words she knows more than the consumer about the good or service that the latter needs. For instance, when a car mechanic tells me that my brakes need to be replaced, I tend to believe them – who wants to take the risk of driving without functional brakes? To make things worse, consumers are frequently not even <em>ex post</em> able to observe the quality that they have received. Did my mechanic really replace those brakes with new ones? To sum up the problem, we often have to rely on the judgment of an expert who is also the seller of a good or service, and this opens the door to fraud.</p>
<p>Taxi rides are no different. In an unfamiliar city, the passenger often has no clue (or only a vague idea) about the shortest route to a destination. So it’s in the driver’s interest to increase the fare by taking a longer route. Or, even worse: some drivers charge higher fares than they should, by means of manipulated taximeters or other methods. Most of us have experienced such events, or at least heard of others who have. For instance, I have recently seen news reports on taxi fraud in <a href="http://www.nytimes.com/2010/03/13/nyregion/13taxi.html">New York City</a>, <a href="http://www.sueddeutsche.de/reise/ueberhoehte-taxi-rechnungen-in-berlin-lassen-sie-sich-nie-von-einem-fahrer-ansprechen-1.1522808">Berlin</a>, or a number of other cities such as Prague or Buenos Aires – see the exciting new documentary series on <a href="http://natgeotv.com/uk/scam-city/about">city scams</a> in the National Geographic channel.</p>
<p>This is where <a href="http://www.oxfordjournals.org/page/4969/3 " target="_blank">our study</a> comes in. Anecdotal stories abound, but our aim was to undertake a systematic investigation into fraud on a real credence good market by means of a field experiment. Our pick was the market for taxi services in Athens, Greece. Five undercover experimenters took 348 taxi rides on 16 different routes throughout the city and, rotating in groups of three, assumed different “information roles”: in the role of a <em>local native</em> passenger, the experimenter entered a taxi and simply asked to be taken to a given destination. In the role of a <em>non-local native</em> passenger, the experimenter would add that he is not familiar with the city and ask if the driver knew the destination. This is a clear signal that the passenger has inferior information, allowing the driver to infer that he can get away with taking a circuitous route to the destination – we refer to this type of fraud as <em>overtreatment</em>. In a third role, that of a <em>foreigner</em>, a passenger would repeat the “non-local” scenario, but in English. This is then a clear indication that the passenger is not only unfamiliar with the city’s roads, but also with the taxi fare system, which is regulated nationwide in Greece! This opens the door to an additional type of fraud through manipulated bills, bogus surcharges and the like. We call this <em>overcharging</em>, because it means that an excessive fare is charged for a given distance.</p>
<p>What did we find? Well, first of all, it’s not a good idea to let the driver know that you don’t know your way about – unless you enjoy being taken for a ride! Our local passengers were hardly ever taken on detours, while the other two roles (non-Athenian Greeks and foreigners) were taken on detours of about double length on average. On top of this, passengers acting as foreigners fell victims to overcharging much more often than native passengers, who presumably know how fares work in the country: about every fifth foreigner ended up paying more than they should for a given ride, while the frequency was around 5% for the other two types of passengers. Hence, we detected a very systematic pattern of fraud, relating to a passenger’s perceived information. In addition to the information dimension we manipulated the passengers’ perceived income in our experiment, alternating their appearance and exact destination and thereby distinguishing between those with high and low perceived income. We did not find strong evidence for an effect of income on fraud, although “rich” passengers did appear to be somewhat more susceptible to detours. The good news is that, notwithstanding the systematic nature of fraudulent behavior, its occurrence is relatively infrequent in Athens. Indeed, the majority of taxi drivers in our sample provided an honest service and charged the correct amount for it.</p>
<p>We can draw some specific lessons from these findings. The obvious implication is that a buyer should convey, if possible, the impression that they are not clueless. For instance, in the case of medical treatments – another prominent credence good – it may be worthwhile mentioning a (fictitious) doctor in the family; or, with car repairs, memorizing and using some technical terms might help, and asking the mechanic to put the replaced parts back in the car’s boot can guard against false charges. For taxi rides, one possibility is to use navigation systems (available in many mobile phones) to verify the optimal route to a destination. In a nutshell, as in many other economic situations, information is the key.</p>
<blockquote><p><a href="http://eeecon.uibk.ac.at/~balafoutas/">Loukas Balafoutas</a> is Assistant Professor in the Department of Public Finance at the University of Innsbruck. He holds a Ph.D. in Economics from the University of Edinburgh and has also worked at the OECD Development Centre. His research focuses on the behavioral underpinnings of economic activity and he has used laboratory and field experiments to study behavior in areas such as tournaments, public goods, property rights, corruption, and social norms. He is the co-author, along with Adrian Beck, Rudolf Kerschbamer, and Matthias Sutter, of the paper <a href="http://www.oxfordjournals.org/page/4969/3 " target="_blank">&#8216;What drives taxi drivers? A field experiment on fraud in a market for credence goods&#8217;</a> in full and for free in <em>The Review of Economic Studies</em>.</p></blockquote>
<blockquote><p><a href="http://restud.oxfordjournals.org/" target="_blank">The Review of Economic Studies</a> aims to encourage research in theoretical and applied economics, especially by young economists. It is widely recognised as one of the core top-five economics journal, with a reputation for publishing path-breaking papers, and is essential reading for economists.</p></blockquote>
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<em>Image credit: Taxi. <a href="http://www.istockphoto.com/stock-photo-12247057-taxi.php?st=363fc44" target="_blank">By Oktay Ortakcioglu, iStockPhoto.</a></em></p>
<p>The post <a href="http://blog.oup.com/2013/02/dont-get-taken-for-a-ride-taxis/">Don’t get taken for a ride: taxis and other “tricky” markets</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p><img src="http://feeds.feedburner.com/~r/oupblogbizecon/~4/tkWmDtrahGU" height="1" width="1"/>]]></content:encoded>
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		<title>Prepping for tax season</title>
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		<pubDate>Mon, 18 Feb 2013 13:30:58 +0000</pubDate>
		<dc:creator>Alice</dc:creator>
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		<description><![CDATA[<p>The W2s are in the mail and tax providers’ commercials on TV. Yes, it’s tax season and time for a reminder about what and why taxes are. Here’s a brief excerpt from <em>Taxes in America: What Everyone Needs to Know</em> by Leonard E. Burman and Joel Slemrod.</p><p>The post <a href="http://blog.oup.com/2013/02/prepping-for-tax-season/">Prepping for tax season</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<blockquote><p>The W2s are in the mail and tax providers&#8217; commercials on TV. Yes, it&#8217;s tax season and time for a reminder about what and why taxes are. Here&#8217;s a brief excerpt from <a href="http://www.oup.com/us/catalog/general/subject/Economics/Public/~~/dmlldz11c2EmY2k9OTc4MDE5OTg5MDI2Mg==" target="_blank">Taxes in America: What Everyone Needs to Know</a> by Leonard E. Burman and Joel Slemrod.</p></blockquote>
<p>Most people know what the individual income tax is. It’s the tax that has made April 15 as iconic as the Super Bowl, without the parties or the popcorn. It’s probably the most salient tax for most people, even though these days most people owe more in payroll taxes than income taxes. The federal payroll tax is earmarked to fund Social Security retirement, survivors, and disability insurance and Medicare. Sometimes it’s called the FICA tax after the legislation that enacted it (the Federal Insurance Contributions Act). For self-employed people, it’s called the SECA tax (the Self-Employment Contributions Act). We have no idea why there are two names for basically the same tax, but it’s a fun fact that will impress your friends at cocktail parties.</p>
<h5><strong>What is the personal income tax?</strong></h5>
<p><strong></strong><br />
Pretty simple: It’s a tax on individual income collected by the federal government and most states.</p>
<p>The federal tax is progressive, which means the tax rate rises with income. Defining income, however, is not as straightforward as you might think. The standard economist’s definition of income is the sum of what you spend and what you save. Spending is pretty straightforward.</p>
<p>But measuring saving is a little more complicated. It includes what we put in the bank, mutual funds, retirement accounts, and other kinds of investments. But increases in wealth that we don’t spend also add to savings (and hence to income). In many cases this unfamiliar definition lines up with the more familiar meaning—what you are paid if you are employed plus what you make from owning a business and from investments—but, in some cases that we’ll expand on later, it differs in important ways.</p>
<p>The income tax is much more than a tax on income. While some deductions account for the cost of earning income—for example, you can deduct the cost of uniforms that you have to wear to work—many deductions, exemptions, and tax credits are intended to provide subsidies of some sort or another. They often have little to do with the measurement of income.</p>
<p>The income tax is the most common point of contact between people and the government. The filing deadline of April 15 is as well-known a date as April Fools’ Day, and not many events bring on more stress than a tax audit. It’s really no surprise that, according to public opinion polls, the Internal Revenue Service (IRS) ranks near the bottom of American government institutions in popularity, while the Social Security Administration (SSA) tops the list: for most</p>
<p>Americans the IRS cashes your checks, while the SSA sends checks out. This image persists even though in recent years the IRS has dispersed hundreds of millions of payments related to, for example, the Earned Income Tax Credit and stimulus programs. Not only that, but the process of calculating what is owed is for many a complex, time-consuming, intrusive, expensive, and ultimately mysterious process, where the right answer is elusive. As the noted humorist Will Rogers said decades ago, “The income tax has made more liars out of the American people than golf has. Even when you make a tax form out on the level, you don’t know when it’s through if you are a crook or a martyr.”  Many taxpayers suspect that they are suckers—when others find loopholes to escape their tax liability, they’re left holding the bag.</p>
<h5><strong>What is a tax?</strong></h5>
<p><strong></strong><br />
A tax is a compulsory transfer of resources from the private sector to government that generally does not entitle the taxed person or entity to a quid pro quo in return (that’s why it has to be compulsory). Tax liability—what is owed to the government—may be triggered by a wide variety of things, such as receiving income, purchasing certain goods or services, or owning property.</p>
<p>Taxes can impose a substantial cost on people over and above the purchasing power they redirect to public purposes because they can blunt the incentives to work, save, and invest and can also attract resources into tax-favored but socially wasteful activities such as tax-sheltered orange orchards or construction of “see-through” office buildings (which could be profitable in the early 1980s because of tax benefits despite a dearth of tenants).</p>
<p>Tax policy affects the rewards or costs of nearly everything you can think of. It increases the price of cigarettes and alcohol, lowers the cost of giving to charity, reduces the reward to working, increases the cost of owning property or transferring wealth to your children, lowers the cost of homeownership, and subsidizes research and development. For this reason, tax policy is really about everything, or at least everything with an economic or financial angle.</p>
<h5><strong>Can taxes be discussed without getting into government spending?</strong></h5>
<p><strong></strong><br />
The appropriate level of taxes should reflect a comparison of the benefits of what government spending provides—be it national security, social insurance, fire departments, or national parks—with the cost of taxes. When comparing the benefits to the costs, we need to bear in mind that the cost of taxes should also incorporate the disincentives and misallocations that taxes inevitably cause. For this reason a bridge that costs $500 million to build should promise benefits quite a bit higher than that.</p>
<p>Many Americans care little about the abstract question of whether overall taxes are too high, too low, or just about right. They care much more about <em>their </em>taxes, and their own tax liability. That’s a whole different matter, because whether my tax burden is $25,000 a year or $50,000 a year has absolutely no effect on the strength of our national defense, the viability of the Medicare system, or whether the local park system is well manicured. At the macro level, determining the right allocation of tax burdens depends on resolving what is fair—always a contentious issue—and how alternative tax systems that assign tax burdens differently affect economic growth.</p>
<blockquote><p>Leonard E. Burman and Joel Slemrod are the author of <a href="http://www.oup.com/us/catalog/general/subject/Economics/Public/~~/dmlldz11c2EmY2k9OTc4MDE5OTg5MDI2Mg==" target="_blank">Taxes in America: What Everyone Needs to Know</a>. Leonard E. Burman is Daniel Patrick Moynihan Professor of Public Affairs at Maxwell School of Syracuse University. Joel Slemrod is Professor of Economics in the Department of Economics and the Paul W. McCracken Collegiate Professor of Business Economics and Public Policy in the Stephen M. Ross School of Business, at the University of Michigan.</p></blockquote>
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		<title>Do people tend to live within their own ethnic groups?</title>
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		<pubDate>Mon, 18 Feb 2013 07:30:52 +0000</pubDate>
		<dc:creator>Kirsty</dc:creator>
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		<description><![CDATA[<p><strong>By Maisy Wong</strong>
There are many policies around the world designed to encourage ethnic desegregation in housing markets. In Chicago, the Gautreaux Project (the predecessor of the Moving To Opportunity program) offered rent subsidies to African American residents of public housing who wanted to move to desegregated areas. Germany, the United Kingdom, and Netherlands, impose strict restrictions on where refugee immigrants can settle. Many countries also have “integration maintenance programs” or “neighborhood stabilization programs” to encourage desegregation. These policies are often controversial as they are alleged to favor some ethnic groups at the expense of others. Regardless of the motivation behind these policies, knowing the welfare effects is important because these desegregation policies affect the location choices of many individuals.</p><p>The post <a href="http://blog.oup.com/2013/02/ethnic-housing-quotas-in-singapore/">Do people tend to live within their own ethnic groups?</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By Maisy Wong</h4>
<p><strong> </strong><br />
There are many policies around the world designed to encourage ethnic desegregation in housing markets. In Chicago, the <a href="http://en.wikipedia.org/wiki/Gautreaux_Project" target="_blank">Gautreaux Project </a>(the predecessor of the <a href="http://en.wikipedia.org/wiki/Moving_to_Opportunity" target="_blank">Moving To Opportunity</a> program) offered rent subsidies to African American residents of public housing who wanted to move to desegregated areas. Germany, the United Kingdom, and Netherlands, impose strict restrictions on where refugee immigrants can settle. Many countries also have “integration maintenance programs” or “neighborhood stabilization programs” to encourage desegregation. These policies are often controversial as they are alleged to favor some ethnic groups at the expense of others. Regardless of the motivation behind these policies, knowing the welfare effects is important because these desegregation policies affect the location choices of many individuals.</p>
<p><a href="http://upload.wikimedia.org/wikipedia/commons/5/5d/Tampines_HDB_4.JPG"><img class="alignleft  wp-image-34892" title="HDB flats at Tampines New Town. Taken by Terence Ong in July 2006." src="http://blog.oup.com/wp-content/uploads/2013/01/Tampines_HDB_4-558x744.jpg" alt="" width="272" height="367" /></a>I am interested in one such desegregation policy in Singapore: the ethnic housing quotas. Using location choices, I analyzed how heterogeneous households sort into neighborhoods as the ethnic proportions in the neighborhood change. To do this at such a local level I had to assemble a dataset of ethnic proportions by hand-matching more than 500,000 names to ethnicities using the Singapore residential phonebook.</p>
<p>The ethnic housing quotas policy in Singapore is a fascinating natural experiment. It was implemented in public housing estates in 1989 to encourage residential desegregation amongst the three major ethnic groups in Singapore: Chinese (77%), Malays (14%), and Indians (8%). The quotas are upper limits on the proportions of Chinese, Malays, and Indians at a location. Locations with ethnic proportions that are at or above the quota limits are subjected to restrictions designed to prevent these locations from becoming more segregated. For example, non-Chinese sellers living in Chinese-constrained locations are not allowed to sell to Chinese buyers because this transaction increases the Chinese proportion and makes the location more segregated.</p>
<p>Using transactions data close to the quota limits and controlling for polynomials of ethnic proportions calculated using the phonebook, I documented price dispersion across ethnic groups that is consistent with theoretical predictions of the policy’s impact. The findings suggest a model where Chinese and non-Chinese buyers have different preferences for Chinese neighborhoods.</p>
<p>Indeed, my estimates show that all groups have strong preferences for living with members of their own ethnic group but the shapes of the preferences are very different across the three ethnic groups. All groups have ethnic preferences that are inverted U-shaped but with different turning points. This means that once a neighborhood has enough members of their own ethnic group, households want new neighbors from other ethnic groups. Finding tastes for diversity and differences in the shapes of ethnic preferences is consistent with previous research using data on racial attitudes from the General Social Survey in the United States and also surveys of ethnic relations in Singapore.</p>
<p>I used these estimates of ethnic preferences to perform welfare simulations. The seminal work by Thomas Schelling on tipping showed that externalities exist in a model with ethnic preferences because a mover affects the utility of his current and future neighbors by changing the ethnic composition of the neighborhood. Due to these externalities, Schelling showed that policies such as the ethnic quotas could potentially be used as a coordination mechanism to achieve equilibrium with integrated neighborhoods. My welfare estimates show that under the quota policy, about one-third of neighborhoods are close to the optimal allocation of Chinese, Malays, and Indians respectively.</p>
<blockquote><p><a href="https://real-estate.wharton.upenn.edu/profile/824/" target="_blank">Maisy Wong</a> is Assistant Professor in Real Estate at Wharton, University of Pennsylvania. Her paper, <a href="http://www.oxfordjournals.org/page/4969/4" target="_blank">&#8216;Estimating Ethnic Preferences Using Ethnic Housing Quotas in Singapore&#8217;</a> can be read in full and for free in The Review of Economic Studies.</p></blockquote>
<blockquote><p><a href="http://restud.oxfordjournals.org/" target="_blank">The Review of Economic Studies</a> aims to encourage research in theoretical and applied economics, especially by young economists. It is widely recognised as one of the core top-five economics journal, with a reputation for publishing path-breaking papers, and is essential reading for economists.</p></blockquote>
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<em>Image credit: HDB flats at Tampines New Town. By Terence Ong. [Creative Commons], via <a href="http://commons.wikimedia.org/wiki/File:Tampines_HDB_4.JPG" target="_blank">Wikimedia Commons</a>.</em></p>
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		<title>Why the corporation is failing us, and how to restore it</title>
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		<pubDate>Thu, 14 Feb 2013 08:30:48 +0000</pubDate>
		<dc:creator>Nicola</dc:creator>
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		<description><![CDATA[<p><strong>Colin Mayer</strong>
The corporation is the most important institution in the world - an institution that clothes, feeds and houses us; employs us and invests our savings; and is the source of economic prosperity and the growth of nations around the world. At the same time, it has been the cause of terrible poverty, deprivation and environmental degradation, and these problems are set to increase in the future.</p><p>The post <a href="http://blog.oup.com/2013/02/the-corporation-colin-mayer/">Why the corporation is failing us, and how to restore it</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By Colin Mayer</h4>
<p><strong></strong><br />
The <a href="http://oxforddictionaries.com/definition/english/corporation" target="_blank">corporation</a> is the most important institution in the world &#8211; an institution that clothes, feeds and houses us; employs us and invests our savings; and is the source of economic prosperity and the growth of nations around the world. At the same time, it has been the cause of terrible poverty, deprivation and environmental degradation, and these problems are set to increase in the future.<br />
Over the last few years alone we have endured:</p>
<ul>
<li><span style="font-size: 13px; line-height: 19px;">The accounting scandals in Enron and WorldCom</span></li>
<li><span style="font-size: 13px; line-height: 19px;">The Libor scandals</span></li>
<li><span style="font-size: 13px; line-height: 19px;">The underpayments of corporation tax</span></li>
<li><span style="font-size: 13px; line-height: 19px;">The misselling of mortgages, payment protection insurance, and derivatives</span></li>
<li><span style="font-size: 13px; line-height: 19px;">The financial crisis</span></li>
<li><span style="font-size: 13px; line-height: 19px;">The environmental disasters in the Gulf of Mexico and Fukushima</span></li>
</ul>
<p><strong></strong><br />
Each of these is thought to have their own cause and to require their particular solution. This is fundamentally wrong: the problems are not specific and the solutions are not individual. There is a generic problem that requires a common solution. The problem is the corporation and the solution is to fix it and not everything around it.</p>
<p>Fixing the corporation involves addressing its failures of ownership, values, governance, regulation and taxation. This requires:</p>
<ul>
<li><span style="font-size: 13px; line-height: 19px;">Corporations taking responsibility for their actions and consequences, and having long-term committed shareholders;</span></li>
<li><span style="font-size: 13px; line-height: 19px;">Corporations having clearly defined values and principles, and truly independent boards of directors responsible for their implementation;</span></li>
<li><span style="font-size: 13px; line-height: 19px;">Tougher enforcement of public laws regarding bribery, corruption, environmental damage, fraud, insider dealing and market abuse;</span></li>
<li><span style="font-size: 13px; line-height: 19px;">More stringent protection of our financial systems and ecosystems;</span></li>
<li><span style="font-size: 13px; line-height: 19px;">Less intrusive regulation elsewhere and greater use of the corporate tax system to align interests of corporations with society at large.</span></li>
</ul>
<p><strong></strong><br />
Implementing these changes involves a reform of business education and a redefinition of the roles and responsibilities as well as rights and rewards of executives and investors.</p>
<p>This is not so much a reinvention as a rebirth of the corporation. Historically it was established by royal charter with a defined public purpose to undertake voyages of discovery and promote trade. The family firms that succeeded it were frequently established by founders with strong ethical principles and visions. Two corporations that illustrate that are Lehman Brothers and Barclays Bank, not today’s versions but those of the 19th and 17th centuries respectively. Mayer Lehman, the founder of Lehman Brothers, took his children every Sunday to the Mount Sinai hospital to see the plight of the less fortunate members of New York society. John Freame, the founder of Barclays Bank, wrote <em>Scripture Instruction</em>, a principle text used by the Quakers for more than a century. Over time those strong values have contracted into a single one of maximizing the short term earnings of shareholders.</p>
<p>That is not universally the case &#8211; some of the world’s most successful corporations and best performing economies have very different purposes and values. Bertlesmann one of the world’s largest media companies, Robert Bosch the automotive company, Carlsberg the brewing company, and Tata the conglomerate owner of Jaguar Land Rover are all structured as industrial foundations with boards that are responsible for the values and principles of their organizations. The Nordic and Scandinavian countries, which are currently being upheld as models for the rest of the world, emphasize a broader set of corporate principles encompassing a wider set of stakeholders than their shareholders.</p>
<p>This bears not only on the positive aspects of what corporations could do but also on the normative ones of what they should do. While notions of morality are well developed in relation to individuals, they are not in respect of corporations. Indeed, the idea of a moral corporation would generally be regarded as an oxymoron. It is not. What gives it substance is the ability of the corporation to establish levels of commitment to which we as individuals can only aspire. What makes it credible is the coincidence between the normative goals of doing good and the positive ones of making goods because ultimately the moral corporation is a commercially successful one and the competitiveness of nations depends on the moral fibre of its corporations.</p>
<p>Restoring trust in corporations is one of the most important policy issues of the 21st century. Without it economic policies will fail, environmental degradation will intensify and financial systems will collapse. With it, we can achieve levels of economic prosperity and well-being that far exceed what we have experienced to date.</p>
<p><strong>Video: Colin Mayer on fixing the broken trust in corporations</strong><br />
<p><a href="http://blog.oup.com/2013/02/the-corporation-colin-mayer/"><em>Click here to view the embedded video.</em></a></p><br />
See also: <a href="http://www.youtube.com/watch?v=u1WU2G9M31I" target="_blank">Why are we facing a crisis of trust in corporations?</a><br />
And: <a href="http://www.youtube.com/watch?v=sCMxpvglqBM" target="_blank">What needs to be done to restore trust in corporations?</a></p>
<blockquote><p>Colin Mayer is the author of <a href="http://ukcatalogue.oup.com/product/9780199669936.do" target="_blank">Firm Commitment: Why the corporation is failing us and how to restore trust in it </a>(OUP, 2013). He is the Peter Moores Professor of Management Studies at Oxford University’s Saïd Business School, an Honorary Fellow of Oriel and St Anne’s Colleges, Oxford, and a Professorial Fellow of Wadham College, Oxford.  He is a member of the UK Competition Appeal Tribunal and the UK Government Natural Capital Committee, and a Fellow of the European Corporate Governance Institute.</p></blockquote>
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<p>The post <a href="http://blog.oup.com/2013/02/the-corporation-colin-mayer/">Why the corporation is failing us, and how to restore it</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p><img src="http://feeds.feedburner.com/~r/oupblogbizecon/~4/MvigRra2qOc" height="1" width="1"/>]]></content:encoded>
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		<title>Why don’t people pay off credit card debt?</title>
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		<pubDate>Wed, 13 Feb 2013 08:30:35 +0000</pubDate>
		<dc:creator>Kirsty</dc:creator>
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		<description><![CDATA[<p><strong>By Irina A. Telyukova</strong>
In the United States, around 25% of households tend have a substantial amount of expensive credit card debt that they carry over multiple months or even years, while also holding significant liquid assets, i.e. balances in checking and savings accounts.</p><p>The post <a href="http://blog.oup.com/2013/02/why-dont-people-pay-off-credit-card-debt/">Why don’t people pay off credit card debt?</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By Irina A. Telyukova</h4>
<p><strong> </strong><br />
In the United States, around 25% of households tend have a substantial amount of expensive credit card debt that they carry over multiple months or even years, while also holding significant liquid assets, i.e. balances in checking and savings accounts.</p>
<p>For example, in 2001 data, such households paid an average 14% interest rate on the credit card, while earning nearly no return on the bank accounts. A <a href="http://oxforddictionaries.com/definition/english/median" target="_blank"><em>median</em></a> such household had $3800 in credit card debt, and $3000 in the bank.  The <a href="http://oxforddictionaries.com/definition/english/average" target="_blank"><em>average</em></a> amounts were about $5800 and $7200, respectively.  This behavior is quite persistent with age, as the picture below shows. It is also persistent over time, at least over the last two decades. The statistics for 2010 are very close to those for 2001.</p>
<p><a href="http://blog.oup.com/wp-content/uploads/2013/02/Credit-cards-graph-2.jpg"><img class="size-full wp-image-34955 aligncenter" title="Credit cards graph" src="http://blog.oup.com/wp-content/uploads/2013/02/Credit-cards-graph-2.jpg" alt="" width="490" height="338" /></a></p>
<p>It may seem that given the cost of revolving credit card debt, people should pay it off if they have any money in the bank. Hence, the phenomenon has been termed the “credit card debt puzzle”. Much of the discussion of it in the literature interpreted it as evidence that people lack self-control, or that they lack the financial sophistication to plan properly. In my study, I instead focused on a more familiar idea: that people hold on to money in the bank because they may need it for expenses for which credit cannot be used, and such expenses could be large and unexpected.  Not only do we pay our rents and mortgages still largely by check or electronic payment from the bank, but if we have a large car or home repair to take care of, the contractor might give preferential pricing to a cash payment or simply not accept credit cards. Indeed I find that homeowners are more likely to simultaneously have debt and money in the bank, and that home repairs are an important source of large and unpredictable expenses for most households. Then, even if a household has credit card debt, it may not be optimal to draw down the bank account to zero to repay the debt.  Incidentally, this idea has been advanced in the past by those who have studied the same behavior on the side of firms.</p>
<p><a href="http://www.istockphoto.com/stock-photo-14000007-credit-card.php?st=0018fec"><img class="alignleft  wp-image-34956" title="Credit Card" src="http://blog.oup.com/wp-content/uploads/2013/02/Credit-Card.jpg" alt="" width="385" height="230" /></a>The story is intuitive; the difficult part is measuring how well this explanation can account for the puzzle, because we do not have good data on how people pay for things during a typical month, and because it is difficult to disentangle which expenses are unpredictable. Nevertheless, using several household surveys and a model of household portfolio choice, I measured both typical monthly liquid expenses (i.e. those done by cash, check, debit and other ways that require the bank account to have a positive balance), and the extent of uncertainty in them. I find that for the median person, there appears to be enough uncertainty to warrant holding on the order of $3,000 of liquid assets, even if she has credit card debt as well. In other words, many people who simultaneously have credit card debt and money in the bank are behaving without violation of self-control or rationality, under the constraint that they do not have enough money both to pay off their debt and attend to their expected monthly expense needs.</p>
<p>While the story accounts for the <em>median</em> amount of money held in the bank by those who also have credit card debt, the <em>average</em> household has a lot more money in the bank, and more money than credit card debt. This means that there are people who have very large amounts of liquid assets while still revolving credit card debt. While such households may face more severe risks than the average case that I measured, and while some may hold money in the bank because they foresee a possibility of a job loss and want to be able to pay at least their average expenses, it does suggest that some people may be able to improve their financial positions by examining their bank and credit card balances, and the interest costs that they pay on the credit card debt, to see if they can pay off some of their debt using their money in the bank.</p>
<blockquote><p><a href="http://econweb.ucsd.edu/~itelyukova/" target="_blank">Irina A. Telyukova</a> is an assistant professor of economics at the University of California, San Diego. Her research focuses on different aspects of household saving. She has several publications on credit card debt and money demand. Her current research is about the use of home equity in retirement, in the United States and across countries, including a study about reverse mortgages. She is the author of the paper <a href="http://www.oxfordjournals.org/page/4969/7" target="_blank">&#8216;Household Need for Liquidity and the Credit Card Debt Puzzle&#8217;</a>, which appears in The Review of Economic Studies.</p></blockquote>
<blockquote><p><a href="http://restud.oxfordjournals.org/" target="_blank">The Review of Economic Studies</a> aims to encourage research in theoretical and applied economics, especially by young economists. It is widely recognised as one of the core top-five economics journal, with a reputation for publishing path-breaking papers, and is essential reading for economists.</p></blockquote>
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<em>Image Credits: (1) Graph produced by the author. Do not reproduce without permission. (2) Credit Card. <a href="http://www.istockphoto.com/stock-photo-14000007-credit-card.php?st=0018fec" target="_blank">By Gökhan ARICI, iStockphoto </a></em></p>
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		<title>And the winner is… George W. Bush</title>
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		<pubDate>Mon, 04 Feb 2013 13:30:05 +0000</pubDate>
		<dc:creator>Alice</dc:creator>
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		<description><![CDATA[<p><strong>By Edward Zelinsky</strong>
The American Taxpayer Relief Act of 2012 is widely understood as a victory for President Obama. However, the long-term story is more complicated than this. The Act in large measure confirms in bi-partisan fashion the tax-cutting priorities of George W. Bush.</p><p>The post <a href="http://blog.oup.com/2013/02/american-taxpayer-relief-act-obama-bush/">And the winner is&#8230; George W. Bush</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<p style="text-align: center;"><a href="http://blog.oup.com/wp-content/uploads/2009/01/jr_1218_ezthoughts.jpg"><img class="size-medium wp-image-2783 aligncenter" title="jr_1218_ezthoughts" src="http://blog.oup.com/wp-content/uploads/2009/01/jr_1218_ezthoughts.jpg" alt="" /></a></p>
<h4>By Edward Zelinsky</h4>
<p><strong></strong><br />
The American Taxpayer Relief Act of 2012 is widely understood as a victory for President Obama. However, the long-term story is more complicated than this. The Act in large measure confirms in bi-partisan fashion the tax-cutting priorities of George W. Bush.</p>
<p>In the Act, President Obama achieved his proclaimed goal of increasing income taxes on the country’s most affluent taxpayers through higher income tax rates and reduced deductions. The Act creates a new 39.5% income tax bracket for individuals with taxable incomes above $400,000 and for married couples filing jointly with taxable incomes above $450,000. It phases out personal exemptions for individuals with adjusted gross incomes over $250,000 and for married couples with adjusted gross incomes over $300,000. It also reduces itemized deductions for these affluent taxpayers.</p>
<p>For high income taxpayers, the Act increases the maximum capital gains tax rate from 15% to 20%. When combined with the new Medicare tax on investment income, this results in a combined tax of 23.8 % on capital gains for the highest income taxpayers.</p>
<p>It is thus unsurprising that the Act has been heralded as a triumph for Mr. Obama and his vision of a more progressive income tax law.</p>
<p>However, the reality is more complex than this. For the long run, the winner under the Act was Mr. Obama’s predecessor, George W. Bush. The Act, as it gave Mr. Obama some of what he wanted, also made permanent much of what Mr. Bush desired as a matter of tax policy. Indeed, as a result of the Act, federal taxes are in important measure now permanently at the lower levels where President Bush wanted them.</p>
<p>The vast majority of Americans are not affected by the Act’s changes for the highest income taxpayers. For most taxpayers, the Act thus permanently ratifies the lower federal income tax rates championed by Mr. Bush in 2001. Moreover, the Act confirms that corporate dividends will be taxed at lower capital gains rates rather than as ordinary income. True: capital gains rates are now higher for the most affluent of taxpayers as a result of the Act. However, even at these higher rates, taxing dividends as capital gains, rather than as regular income, significantly reduces the tax burden on such dividends.</p>
<p>Consider, moreover, the federal estate tax. When President Bush took office in 2001, the federal estate tax applied to estates over $675,000. That floor was scheduled to increase in stages to $1,000,000. The maximum federal estate tax rate was then 55%.</p>
<p>While President Bush did not succeed in abolishing the federal estate tax, the Act provides that federal estate taxation will only apply to estates over $5,000,000 adjusted for increases in the cost of living. For 2013, an estate must be over $5,250,000 to trigger federal estate taxation. When it applies, the estate tax will be levied at a flat rate of 40%.</p>
<p>In the area of tax policy, President Bush did not achieve all he sought. No president does. If we define success more realistically, the 2012 Act confirms President Bush’s triumph in permanently lowering federal income tax rates for most Americans, reducing the effective tax burden on corporate dividends, and significantly reducing the reach of the federal estate tax.</p>
<p>To some, these tax reductions are welcome restraints on the federal leviathan. To others, the Bush tax reductions, now permanent, regrettably hamper the federal <a href="http://oxforddictionaries.com/definition/english/fisc" target="_blank">fisc</a>. What cannot be doubted is that the Internal Revenue Code we have today in large measure reflects the tax-cutting priorities of George W. Bush. In adopting the Act, a Democratic President and Senate, along with a Republican House, permanently confirmed much of these tax-reducing priorities.</p>
<blockquote><p><a href="http://blog.oup.com/wp-content/uploads/2010/12/zelinsky.jpg"><img class="alignleft" title="zelinsky" src="http://blog.oup.com/wp-content/uploads/2010/12/zelinsky-120x92.jpg" alt="" width="120" height="92" /></a>Edward A. Zelinsky is the Morris and Annie Trachman Professor of Law at the <a href="http://www.cardozo.yu.edu/" target="_blank">Benjamin N. Cardozo School of Law of Yeshiva University</a>. He is the author of <a href=" http://www.oup.com/us/catalog/general/subject/Law/LawSociety/?view=usa&amp;ci=9780195339352" target="_blank">The Origins of the Ownership Society: How The Defined Contribution Paradigm Changed America</a>. His monthly column appears <a href="http://blog.oup.com/index.php?s=edward+zelinsky" target="_blank">on the OUPblog</a>.</p></blockquote>
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		<title>Understanding and respecting markets</title>
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		<pubDate>Thu, 31 Jan 2013 13:30:36 +0000</pubDate>
		<dc:creator>Alice</dc:creator>
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		<description><![CDATA[<p><strong>By Michael Blair QC, George Walker, and Stuart Willey</strong>
Almost every day has brought a fresh story about investment markets, their strengths and weaknesses. Misreporting of data for calculation of LIBOR, money laundering with a whiff of Central American drugs trading, costly malfunctioning of programme trading mechanisms which brought the trading company to its knees, reputational damage inflicted by as yet unsubstantiated accusations of illicit financing in breach of international sanctions... the list goes on and on.</p><p>The post <a href="http://blog.oup.com/2013/01/understanding-and-respecting-markets/">Understanding and respecting markets</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By Michael Blair QC, George Walker, and Stuart Willey</h4>
<p><strong></strong><br />
Almost every day has brought a fresh story about investment markets, their strengths and weaknesses. Misreporting of data for calculation of <a href="http://oxforddictionaries.com/definition/english/LIBOR" target="_blank">LIBOR</a>, money laundering with a whiff of Central American drugs trading, costly malfunctioning of programme trading mechanisms which brought the trading company to its knees, reputational damage inflicted by as yet unsubstantiated accusations of illicit financing in breach of international sanctions&#8230; the list goes on and on.</p>
<p><div id="attachment_34588" class="wp-caption alignright" style="width: 330px"><a href="http://commons.wikimedia.org/wiki/File:Financial_district.jpg" target="_blank"><img src="http://blog.oup.com/wp-content/uploads/2013/01/Financial_district.jpg" alt="" title="Financial_district" width="320" height="213" class="size-full wp-image-34588" /></a><p class="wp-caption-text">Toronto Financial District. Photo by Alessio Bragadini, 23 June 2009. Creative Commons License.</p></div>And this has all been on top of the recent history of the so-called <a href="http://oxforddictionaries.com/definition/english/credit%2Bcrunch" target="_blank">credit crunch</a> and the self-inflicted wounds that have beset the banking industry over the last five years, with consequentially a savage public backlash of distrust and dislike of bankers and banks. This has affected the banking fraternity as a whole, even though those that caused the damage to their banks, to the shareholders and in the end to the taxpayers, were a small sub-set only of the banking workforce.</p>
<p>The list of problems, for firms, and in some cases for their customers as well, prompts some reflections about the role of investment markets in our society and about the relationship between markets and their regulation. Some years ago, in the latter part of the last century, it was fashionable for academics and practitioners alike to put their trust in the strength and reliability of market mechanisms. The experience in earlier decades of the hard discipline of the money markets no doubt added to this. For example the humiliation of the forced departure of the United Kingdom from the <a href="http://www.civitas.org.uk/eufacts/FSECON/EC4.htm" target="_blank">former European Monetary mechanism (EMU)</a> in the 1980s reinforced the beliefs of many in the power of the markets as a way of finding and pricing out inefficiency and restoring a new equilibrium at a different point on the scale.</p>
<p>To the majority, therefore, the proper role of regulation at that time was essentially limited to cases of market failure. Most of the work in the public interest could be done by the markets themselves. They might, of course, need some help from the regulators to ensure proper disclosure, with a view to sufficient, and non-discriminatory, access by market users and commentators to market information. But if there was “sunlight” in the market, then that more or less guaranteed the “hygiene” of its mechanisms. From that concept came “light touch” as a means of describing a system of financial regulation that basically left it to well informed markets to function for themselves.</p>
<p>Not all agreed at the time with this general approach. There were honourable exceptions, whose only consolation since has been the (frequently best left unsaid) phrase “I told you so at the time”.</p>
<p>How things have changed since then! A rapid U-turn in public and political thinking has brought demands for sterner and more intrusive regulation. The insidiousness of human greed and of lack of foresight is now widely recognised and needs to be restrained. The market economists now accept that there is a real, and central, role for discipline, including both its punitive and its deterrent aspects as well as the benefits it brings in excluding the dangerous from the playing field altogether. The change has even led our politicians to embark on structural change to restore a previous splitting of retail regulation from the upper reaches of financial services. The case for this change has been based on a hope of better focus of the two new bodies on the two sectors, though the underlying motive appears more to be a desire to change something simply because it is thought to have failed.</p>
<p>Splitting in the public interest also seems likely to be required in the major banks as well. <a href="http://www.guardian.co.uk/business/blog/2012/aug/15/banking-reform-vickers-report?newsfeed=true" target="_blank">The “Vickers” reforms</a> look set to require the banking industry to function in two separate ways, with required distance between the investment banking arms and the general consumer-based borrowing and lending functions.</p>
<p>Another consequence is that “enforcement” is once more central to the world of regulation, rather than seen as a stick kept, as far as was possible, in the cupboard for occasional use only in the most serious circumstances.</p>
<p>We have now arrived at a new post-crisis period of great challenge but also of potential opportunity. We seem to be set for a number of difficult coming years, during which the markets will be dominated and constrained by austerity, continuing uncertainty and risks of instability. But markets and economies tend to recover over time. We must hope that the politicians, central banks and regulatory authorities have learned all of the necessary lessons from the recent crises to prevent instability or, at least, better to manage and contain the risks of it.</p>
<blockquote><p>Michael Blair QC, Professor George Walker, and Stuart Willey are the editors of the new edition of <a href="http://ukcatalogue.oup.com/product/9780199601653.do" target="_blank">Financial Markets and Exchanges Law</a>. Michael Blair QC is in independent practice at the Bar of England and Wales specialising in financial services. Previously General Counsel to the Board of the Financial Services Authority. Queen&#8217;s Counsel honoris causa 1996. George Walker is Professor in International Financial Law at School of Law, Queen Mary University of London and is a member of the Centre for Commercial Law Studies (CCLS). He is also a Barrister and Member of the Honourable Society of Inner Temple in London. Stuart Willey is Counsel and Head of the Regulatory Practice in the Banking &amp; Capital Markets group of White &amp; Case in London. Stuart specializes in financial regulation focusing on the securities markets, banking and insurance.</p></blockquote>
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<p>The post <a href="http://blog.oup.com/2013/01/understanding-and-respecting-markets/">Understanding and respecting markets</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p><img src="http://feeds.feedburner.com/~r/oupblogbizecon/~4/Xy2V04U9ID8" height="1" width="1"/>]]></content:encoded>
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		<title>Why are married men working so much?</title>
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		<pubDate>Mon, 28 Jan 2013 08:30:35 +0000</pubDate>
		<dc:creator>Kirsty</dc:creator>
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		<description><![CDATA[<p><strong>By John Knowles</strong>
If you become wealthier tomorrow, say through winning the lottery, would you spend more or less working than you do now? Standard economic models predict you would work less. In fact a substantial segment of American society has indeed become wealthier over the last 40 years — married men.</p><p>The post <a href="http://blog.oup.com/2013/01/why-are-married-men-working-so-much/">Why are married men working so much?</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By John Knowles</h4>
<p><strong> </strong><br />
If you become wealthier tomorrow, say through winning the lottery, would you spend more or less time working than you do now? Standard economic models predict you would work less. In fact a substantial segment of American society has indeed become wealthier over the last 40 years — married men. The reason is that wives&#8217; earnings now make a much larger contribution to household income than in the past.  However married men do not work less now on average than they did in the 1970s.  This is intriguing because it suggests there is something important missing in economic explanations of  the rise in labor supply of married women over the same period.</p>
<p>One possibility is that what we are seeing here are the aggregate effects of bargaining between spouses. This is plausible because there was a substantial narrowing of the male-female wage gap over the period. The ratio of women’s to men’s average wages; starting from about 0.57 in the 1964-1974 period, rose rapidly to 0.78 in the early 1990s.  Even if we smooth out the fluctuations, the graph shows an average ratio of 0.75 in the 1990s, compared to 0.57 in the early 1970s.</p>
<p><a href="http://blog.oup.com/wp-content/uploads/2013/01/Illustration-by-Mike-Ertl.jpg"><img class="wp-image-34353 aligncenter" title="Illustration by Mike Ertl" src="http://blog.oup.com/wp-content/uploads/2013/01/Illustration-by-Mike-Ertl-744x558.jpg" alt="" width="545" height="376" /></a></p>
<p>The closing of the male-female wage gap suggests a relative improvement in the economic status of non-married women compared to non-married men. According to bargaining models of the household, we should expect to see a better deal for wives—control over a larger share of household resources – because they don’t need marriage as much as they used to. We should see that the share of household wealth spent on the wife increases relative to that spent on the husband.</p>
<p>Bargaining models of household behavior are rare in macroeconomics. Instead, the standard assumption is that households behave as if they were maximizing a fixed utility function. Known as the “unitary” model of the household, a basic implication is that when a good A becomes more expensive relative to another good B, the ratio of A to B that the household consumes should decline.  When women’s wages rose relative to men’s, that increased the cost of wives&#8217; leisure relative to that of husbands. The ratio of husbands&#8217; leisure time to that of wives should therefore have increased.</p>
<p>In the bargaining model there is an additional potential effect on leisure: as the share of wealth the household spends on the wife increases, it should spend more on the wife’s leisure. Therefore the ratio of husband’s to wife’s leisure could increase or decrease, depending on the responsiveness of the bargaining solution to changes in the relative status of the spouses as singles.</p>
<p>To measure the change in relative leisure requires data on unpaid work, such as time spent on grocery shopping and chores around the house.  The <a href="http://www.bls.gov/tus/" target="_blank">American Time-Use Survey </a>is an important source for 2003 and later, and there also exist precursor surveys that can be used  for some earlier years. The main limitation of these surveys is that they sample individuals, not couples, so one cannot measure the leisure ratio of individual households.  Instead measurement consists of the average leisure of wives compared to that of husbands. The paper also shows the results of controlling for age and education. Overall, the message is clear; the relative leisure of married couples was essentially the same in 2003 as in 1975, about 1.05.</p>
<p>One can explain the stability of the leisure ratio through bargaining; the wife gets a higher share of the marriage’s resources when her wage increases, and this offsets the rise in the price of her leisure.  This raises a set of essentially  quantitative questions: Suppose that marital bargaining really did determine labor supply how big are the mistakes one would make in predicting labor supply by using a model without bargaining?  To provide answers, I design a mathematical  model of marriage and bargaining to resemble as closely as possible the ‘representative agent’ of canonical macro models.  I use the model to measure the impact on labor supply of  the closing of the gender wage gap, as well as other shocks, such as improvements to home -production technology.</p>
<p>People in the model use their share of household’s resources to buy themselves leisure and private consumption.  They also allocate time to unpaid labor at home to produce a public consumption good that both spouses can enjoy together.  We can therefore calibrate the  model to exactly match the average time-allocation patterns observed in American time-use data. The calibrated model can then be used to compare the effects of the economic shocks in the bargaining and unitary models.</p>
<p>The results show that the rising of women’s wages can generate simultaneously the observed increase in married women’s paid work and the relative stability of that of the husbands. Bargaining is critical however; the unitary model, if calibrated to match the 1970s generates far too much of an increase in the wife’s paid labor, and far too large a decline in that of the men; in both cases, the prediction error is on the order of 2-3 weekly hours, about 10% of per-capita labor supply. In terms of aggregate labor, the error is much smaller because these sex-specific errors largely offset each other.</p>
<p>The bottom line therefore is that if, as is often the case, the research question does not require us to distinguish between the labor of different household or spouse types, then it may be reasonable to ignore bargaining between spouses.  However if we need to understand the allocation of time across men and women, then models with bargaining have a lot to contribute.</p>
<blockquote><p><a href="http://www.southampton.ac.uk/economics/about/staff/jak1r07.page" target="_blank">John Knowles</a> is a professor of economics at the University of Southampton. He was born in the UK and schooled in Canada, Spain and the Bahamas. After completing his PhD at the University of Rochester (NY, USA) in 1998, he taught at the University of Pennsylvania, and returned to the UK in 2008. His current research focuses on using mathematical models to analyze trends in marriage and unmarried birth rates in the US and Europe. He is the author of the paper <a href="http://www.oxfordjournals.org/page/4969/1" target="_blank">&#8216;Why are Married Men Working So Much? An Aggregate Analysis of Intra-Household Bargaining and Labour Supply&#8217;</a>, published in <a href="http://restud.oxfordjournals.org/" target="_blank">The Review of Economics Studies</a>.</p></blockquote>
<blockquote><p><a href="&quot;http://restud.oxfordjournals.org/">The Review of Economic Studies</a> aims to encourage research in theoretical and applied economics, especially by young economists. It is widely recognised as one of the core top-five economics journals, with a reputation for publishing path-breaking papers, and is essential reading for economists.</p></blockquote>
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		<title>What happens when Walmart comes to Nicaragua?</title>
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		<pubDate>Wed, 23 Jan 2013 10:30:03 +0000</pubDate>
		<dc:creator>Alice</dc:creator>
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		<description><![CDATA[<p><strong>By Hope Michelson</strong>
Walmart now has stores in more than fifteen developing countries in Central and South America, Asia and Africa. A glimpse at the scale of operations: Nicaragua, with a population of approximately six million, currently has 78 Walmart retail outlets with more on the way. That’s one store for every 75,000 Nicaraguans; in the United States there’s a Walmart store for every 69,000 people.</p><p>The post <a href="http://blog.oup.com/2013/01/what-happens-when-walmart-comes-to-nicaragua/">What happens when Walmart comes to Nicaragua?</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By Hope Michelson</h4>
<p><strong> </strong><br />
Walmart now has stores in more than fifteen developing countries in Central and South America, Asia and Africa. A glimpse at the scale of operations: Nicaragua, with a population of approximately six million, currently has <a href="http://corporate.walmart.com/our-story/locations/nicaragua" target="_blank">78 Walmart retail outlets</a> with more on the way. That&#8217;s one store for every 75,000 Nicaraguans; in the United States there&#8217;s a Walmart store for every 69,000 people. The growth has been rapid; in the last seven years, the corporation has more than doubled the number of stores in Nicaragua (<em>see accompanying graphs &#8212; Figure 1 from <a href="http://www.oxfordjournals.org/page/4652/2" target="_blank"><em>the paper</em></a></em>).</p>
<p><img src="http://blog.oup.com/wp-content/uploads/2013/01/GraphSuperTimeline.jpg" alt="" title="GraphSuperTimeline" width="600" height="303" class="aligncenter size-full wp-image-33154" /></p>
<p>When a supermarket chain like Walmart moves into a developing country it requires a steady supply of fresh fruits and vegetables largely sourced domestically. In developing countries where the majority of the poor rely on agriculture for their livelihood, this means that poor farmers are increasingly selling produce to and contracting directly with large corporations. In precisely this way, Walmart has begun to transform the domestic agricultural markets in Nicaragua over the past decade. This profound change has been met with both excitement and trepidation by governments and development organizations because the likely effects on poverty and inequality are not known, in particular:</p>
<ul>
<li>What existing assets or experience are required for a farmer to sell their produce to supermarkets?</li>
<li>Do small farmers who sell their produce to supermarkets benefit from the relationship?</li>
<li>What is the role of NGOs in facilitating small farmer relationships with supermarkets?</li>
</ul>
<p><strong></strong><br />
<img src="http://blog.oup.com/wp-content/uploads/2013/01/boxes1.jpg" alt="" title="boxes1" width="320" height="240" class="alignright size-full wp-image-33157" />Supermarkets require that farmers meet standards related to production, post-harvest processing, and delivery; for example, the use of specific pesticides and fertilizers and the cleaning and packaging of vegetables. Moreover, supermarkets generally require farmers to guarantee production year round, which requires planning (sometimes across multiple farmers), irrigation and capital. These requirements can present significant challenges to small farmers with little capital and it is thought that such challenges could strongly effect which farmers sell produce to supermarkets.</p>
<p>Generally, researchers have studied the inclusion of farmers in supply chains by measuring the income, assets and welfare of a group of farmers selling a crop to supermarkets (“suppliers”) with a similar group of farmers selling the same crop in traditional markets (“non-suppliers”). This research has provided important insights but has struggled with two persistent challenges.</p>
<p>First, because most existing studies rely on surveys of farmers living in the same area, we do not know how important farmer experience or assets such as farm machinery or irrigation, are for inclusion in supply chains in comparison to other farmer characteristics like community access to water or proximity to good roads.</p>
<p>Second, without measurements on supplier and non-supplier farmers over <em>time</em> it is difficult for a researcher to isolate the effect being a supplier has on the farmer. For example, if Walmart excels at choosing higher-ability farmers as suppliers, a study that just compared supplier and non-supplier incomes would overestimate the supermarket effect because Walmart’s high-ability farmers would earn more income even if they had not contracted with the supermarket.</p>
<p>With these two challenges in mind, I implemented a <a href="http://www.oxfordjournals.org/page/4652/2" target="_blank">research project in Nicaragua</a> in which I first identified all small farmers who had had a steady supply relationship with supermarkets for at least one year since 2000 (<em>see accompanying graphs &#8212; Figure 2 from the paper)</em>. I also revisited 400 farmers not supplying supermarkets but living in areas where supermarkets were buying produce. My team and I surveyed farmers about their experiences over the past eight years: the markets where they had sold, the farming, land, and household assets they had owned. Since my study included farmers selling a variety of crops to supermarkets and measured how their assets, and supermarket relationships, changed in time, I was able to more rigorously address how these markets affected small farmers. The project was part of a collaboration between researchers <a href="http://aec.msu.edu/" target="_blank">Michigan State University</a>, <a href="http://dyson.cornell.edu/" target="_blank">Cornell University</a>, and the <a href="http://www.nitlapan.org.ni/site/es/" target="_blank">Nitlapan Institute</a> in Managua.</p>
<h5><strong>Results</strong></h5>
<p><strong></strong><br />
<strong>Farmer participation</strong></p>
<p>Farmers located close to the primary road network and Nicaragua’s capital, Managua, where the major sorting and packing facility is located, and with conditions that allow them to farm year round were much more likely to be suppliers. Remarkably, this effect was much stronger than other farmer characteristics such as existing farm capital or experience.</p>
<p><strong>Farmer welfare</strong></p>
<p><img src="http://blog.oup.com/wp-content/uploads/2013/01/garden1.jpg" alt="" title="garden1" width="240" height="320" class="alignright size-full wp-image-33159" />Suppliers do benefit from selling their produce to supermarkets. The assets of farmers that sold to supermarkets for at least one year between 2000 and 2008 were 16% higher than for farmers that did not sell to supermarkets.</p>
<p>One way to think of income is as a flow of financial resources based, in part, on a farmer’s assets. By statistically relating a change in assets to a change in income I find that a 16% increase in assets corresponds to an average increase in annual household income of about $200 — or 15% of the average 2007 income for the farmers I studied.</p>
<p><a href="http://www.sciencedirect.com/science/article/pii/S0305750X11001884" target="_blank">Our previous work</a> discovered that supermarkets don’t pay farmers a higher mean price than traditional markets but they do offer a more stable price. This analysis suggests a reason that household assets – and thus income &#8212; increase among farmers who sell to supermarkets; shielded from price fluctuations in the traditional markets by the supermarket contract, farmers invest in agriculture, in some cases moving to year-round cultivation. Farmers finance these investments through higher and more stable incomes and new credit sources. Income increases are attributable not to higher average prices but likely to increased production quantities.</p>
<p><strong>NGOs</strong></p>
<p>NGOs have played an important role in small farmer access to supermarket supply chains all over the world. In Nicaragua, a USAID program funded NGOs to help small farmers sell to supermarkets. These NGOs established farmers&#8217; cooperatives and provided technical assistance, contract negotiation, and financing. Do NGOs change farmer selection or outcomes? Do they choose farmers with less wealth or experience? Or do farmers working with NGOs benefit in a special way from supermarkets because of the services NGOs provide?</p>
<p>We find, on average, that NGO-assisted farmers start with similar productive assets and land as those who sell to supermarkets without NGO assistance. Nor do we find a special effect on the assets of NGO-assisted farmers. However, we do find that NGOs play a critical role in keeping farmers with little previous experience in vegetable production in the supply chain. Low-experience farmers who are not assisted by NGOs are more likely to drop out of the supply chain than those assisted by NGOs.</p>
<h5><strong>Conclusions</strong></h5>
<p><strong></strong><br />
These findings offer grounds for optimism and also a measure of caution with respect to the effects of supermarkets operating in developing countries. Supermarket contracts improve farmer welfare, and the improvements are detectable in farmers’ assets. However, since being close to roads and having the ability to farm year round is so critical to inclusion in the supply chain, not all farmers will be afforded these opportunities. Moreover, because these trends are still nascent in Nicaragua and in many other parts of the developing world, it remains to be seen what the broader effects will be for the agricultural sector and development. For example, as NGOs invest in preparing more small farmers to supply supermarkets, the gains to farmers from joining supply chains may be lost to increased competition. Our <a href="http://www.oxfordjournals.org/page/4652/2" target="_blank">results in Nicaragua</a> suggest that, given the small number of supplier farmers, changes in rural poverty related to supermarket expansion will be modest, but how will these supply chains, and the benefits they represent for farmers, change over time? I am currently a part of a team studying Walmart supply chains in China, which will interrogate these questions on a much larger scale in the context of a global and rapidly expanding economy.</p>
<blockquote><p>Hope Michelson is a postdoctoral fellow at Columbia University’s Earth Institute in the <a href="http://tropag.ei.columbia.edu/">Tropical Agriculture and Rural Environment program</a>. She completed her doctoral research in the Economics of Development in 2010 at <a href="http://dyson.cornell.edu/">Cornell University’s Department of Applied Economics</a>. She is the author of <a href="http://www.oxfordjournals.org/page/4652/2" target="_blank">&#8220;Small Farmers, NGOs, and a Walmart World: Welfare Effects of Supermarkets Operating in Nicaragua&#8221;</a> in the American Journal of Agricultural Economics, which is available to read for free for a limited time.</p></blockquote>
<blockquote><p>The <a href="http://ajae.oxfordjournals.org/" target="_blank">American Journal of Agricultural Economics</a> provides a forum for creative and scholarly work on the economics of agriculture and food, natural resources and the environment, and rural and community development throughout the world.</p></blockquote>
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		<title>Responsible Wealth should oppose the GST Grandfather Exemption</title>
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		<comments>http://blog.oup.com/2013/01/responsible-wealth-should-oppose-the-gst-grandfather-exemption/#comments</comments>
		<pubDate>Mon, 07 Jan 2013 13:30:23 +0000</pubDate>
		<dc:creator>Alice</dc:creator>
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		<description><![CDATA[<p><strong>By Edward Zelinsky</strong>
In the American Taxpayer Relief Act of 2012, Congress and President Obama recently agreed that the federal estate tax will be imposed at a 40% rate on estates over $5,000,000. On 11 December 2012, a group of affluent Americans, organized under the banner of Responsible Wealth, had called for a stronger federal estate tax. In particular, Responsible Wealth urged that federal estate taxation begin at a rate of 45% on estates over $4,000,000.</p><p>The post <a href="http://blog.oup.com/2013/01/responsible-wealth-should-oppose-the-gst-grandfather-exemption/">Responsible Wealth should oppose the GST Grandfather Exemption</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<p style="text-align: center;"><a href="http://blog.oup.com/wp-content/uploads/2009/01/jr_1218_ezthoughts.jpg"><img class="size-medium wp-image-2783 aligncenter" title="jr_1218_ezthoughts" src="http://blog.oup.com/wp-content/uploads/2009/01/jr_1218_ezthoughts.jpg" alt="" /></a></p>
<h4>By Edward Zelinsky</h4>
<p><strong></strong><br />
In the American Taxpayer Relief Act of 2012, Congress and President Obama recently agreed that the federal estate tax will be imposed at a 40% rate on estates over $5,000,000. On 11 December 2012, a group of affluent Americans, organized under the banner of <a href="http://faireconomy.org/responsible_wealth" target="_blank">Responsible Wealth</a>, had called for a stronger federal estate tax. In particular, Responsible Wealth urged that federal estate taxation begin at a rate of 45% on estates over $4,000,000. </p>
<p>Neither the American Taxpayer Relief Act nor the Responsible Wealth statement addressed a particularly egregious loophole of federal transfer taxation, namely, the grandfather exemption of the generation skipping tax (GST). Under this exemption, the GST does not apply to trusts established before 25 September 1985. By virtue of this GST exemption, older wealth is immunized from federal transfer taxation while otherwise equivalent new wealth is taxed under the estate tax. </p>
<p>Because Responsible Wealth includes heirs to older fortunes, such as Dr. Richard Rockefeller and Dr. Abigail Disney, Responsible Wealth is uniquely positioned to address this unfairness of the federal tax statute. As part of its self-proclaimed mission to strengthen the federal estate tax, Responsible Wealth should lead the effort to repeal the GST grandfather exemption and thereby subject old wealth to the same transfer taxation as new wealth.</p>
<p>While the details are complex, the basic story is not. It was once both easy and common for wealthy individuals to bestow fortunes on their children, grandchildren, and perhaps even their great-grandchildren free of any further federal estate taxes. This multi-generational tax immunity was achieved through so-called generation-skipping trusts. Such trusts distribute income and principal to the offspring of wealthy individuals without that lucky offspring ever paying any further estate taxation. </p>
<p>The moniker “generation-skipping” is misleading. Under such trusts, the benefits of wealth don&#8217;t skip any generation. Just the estate taxation of wealth skips generations as the estates of individuals dying after the founder of the family fortune pay no further federal estate taxes.</p>
<p>Consider, for example, Dr. Disney’s family. Her fortune stems from her grandfather, Roy O. Disney. Mr. Disney, along with his brother Walt, created an entertainment behemoth including valuable icons of American culture. It is likely that, when he died in 1971, a man as wealthy and well-advised as Roy O. Disney left his fortune to his family in a generation-skipping trust. (His brother Walt did.) If so, in 2009, when Roy O. Disney’s son Roy E. Disney died, no estate tax was levied on his death. That trust (assuming the common practice) now continues for Dr. Disney, the granddaughter of Roy O. and the daughter of Roy E. It is likely that, when the generation-skipping Disney trust passes to Dr. Disney’s heirs, they too will owe no further estate taxes.</p>
<p>In 1986, Congress decided that this kind of multi-generational estate tax avoidance is unacceptable. Accordingly, Congress supplemented the federal estate tax with the GST to block these kind of tax-avoidance arrangements. The GST is a variant of the estate tax and removes the tax advantages of generation-skipping trusts. Together, the estate tax, now supplemented by the GST, requires wealthy families to pay federal tax at least once every generation &#8212; unless a generation-skipping trust was created before 25 September 1985. </p>
<p>In those cases of older wealth, neither the federal estate tax nor the new GST applies. Thus, any generation-skipping trust created by Roy O. Disney before his death enjoys continuing federal tax immunity well into the 21st century by virtue of the GST grandfather exemption for trusts in existence on 25 September 1985.</p>
<p>Whatever the policy merits or political need for the GST grandfather exemption in 1986, it has outlived its usefulness. If new, i.e., post-1985, wealth is to be subject to estate taxation once every generation along the lines recently adopted by Congress and advocated by Responsible Wealth, older wealth should be subject to such taxation also. The members of Responsible Wealth who benefit from the GST grandfather exemption are uniquely positioned to call for the abolition of the exemption from which they and their families unfairly benefit. They should do so.</p>
<blockquote><p><a href="http://blog.oup.com/wp-content/uploads/2010/12/zelinsky.jpg"><img class="alignleft" title="zelinsky" src="http://blog.oup.com/wp-content/uploads/2010/12/zelinsky-120x92.jpg" alt="" width="120" height="92" /></a>Edward A. Zelinsky is the Morris and Annie Trachman Professor of Law at the <a href="http://www.cardozo.yu.edu/" target="_blank">Benjamin N. Cardozo School of Law of Yeshiva University</a>. He is the author of <a href=" http://www.oup.com/us/catalog/general/subject/Law/LawSociety/?view=usa&amp;ci=9780195339352" target="_blank">The Origins of the Ownership Society: How The Defined Contribution Paradigm Changed America</a>. His monthly column appears <a href="http://blog.oup.com/index.php?s=edward+zelinsky" target="_blank">here</a>.</p></blockquote>
<p>Subscribe to the OUPblog via <a href="http://feedburner.google.com/fb/a/mailverify?uri=oupblog" target="_blank">email</a> or <a href="http://feeds.feedburner.com/oupblog" target="_blank">RSS</a>.<br />
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<p>The post <a href="http://blog.oup.com/2013/01/responsible-wealth-should-oppose-the-gst-grandfather-exemption/">Responsible Wealth should oppose the GST Grandfather Exemption</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p><img src="http://feeds.feedburner.com/~r/oupblogbizecon/~4/WdKRoBJEHeU" height="1" width="1"/>]]></content:encoded>
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		<title>Should we be worried about global quasi-constitutionalization?</title>
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		<pubDate>Wed, 02 Jan 2013 08:30:25 +0000</pubDate>
		<dc:creator>Nicola</dc:creator>
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		<description><![CDATA[<p><strong>By Grahame Thompson</strong>
Have we seen a potentially new form of global governance quietly emerging over the last decade or so, one that is establishing a surrogate and informal process of the constitutionalization of global economic and political relationships, something that is creeping up on us almost unnoticed?  This issue of ‘global constitutionalization’ has become an important topic of analysis over recent years. </p><p>The post <a href="http://blog.oup.com/2013/01/quasi-constitutionalization-grahame-thompson/">Should we be worried about global quasi-constitutionalization?</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<h4>By Grahame Thompson</h4>
<p><strong></strong><br />
Have we seen a potentially new form of global governance quietly emerging over the last decade or so, one that is establishing a surrogate and informal process of the <a href="http://oxforddictionaries.com/definition/english/constitutionalize" target="_blank">constitutionalization</a> of global economic and political relationships, something that is creeping up on us almost unnoticed?  This issue of ‘global constitutionalization’ has become an important topic of analysis over recent years. Its development is most obvious in the case of business and corporate activity but I suggest it has a much wider <a href="http://oxforddictionaries.com/definition/english/provenance" target="_blank">provenance</a> and is threatening to encompass many other aspects of global governance like human rights, security and warfare, environmental regulation, and more besides. One difficulty in analyzing this trend is to define its characteristics and parameters since it represents a rather loose configuration, one that is not easy to pin down.</p>
<p><img class="alignleft size-full wp-image-33016" title="iStock_000003288724XSmall" src="http://blog.oup.com/wp-content/uploads/2012/12/iStock_000003288724XSmall.jpg" alt="" width="426" height="282" /><a href="http://oxforddictionaries.com/definition/english/quasi-" target="_blank">Quasi-</a>constitutionalization is a surrogate process of constitutionalization, not a coherent program with a rounded set of outcomes but full of contradictory half-finished currents and projects: an ‘assemblage’ of many disparate advances and often directionless moves – almost an accidental coming together of elements. So it does not amount to a ‘system’ in any conventional sense. This means it marshals together a complex bricolage of resources: material techniques and devices like models, documents, court decisions, legal statutes and treaties; institutional orders like legal apparatuses, bodies  and governance organizations; and discursive expertise, theoretical knowledges and instruments. But it is a process nonetheless: it is building norms of conduct, rule-making, and a distribution of powers in a ‘global <a href="http://oxforddictionaries.com/definition/english/polity" target="_blank">polity</a>’.</p>
<p>I call this a quasi-constitutional process because while it resembles a constitution in many respects it is difficult to transpose constitutionality directly into an international environment where there is no single competent authority that might foster or enforce such a constitution.</p>
<p>In turn, this connects to various senses of the <a href="http://oxforddictionaries.com/definition/english/juridical" target="_blank">juridicalization</a> of international corporate and other affairs, where new or revitalized types of law are increasingly being brought into play as the mechanisms for resolving disputes or organizing governance. This involves new forms of public law, private law, customary law, regulatory and administrative law, all of which are rapidly evolving in the international arena alongside traditional international law. Institutions that embody such a process are the <a href="http://www.wto.org/english/thewto_e/whatis_e/tif_e/fact1_e.htm">WTO</a>, various agencies of the <a href="http://www.un.org/en/">UN</a>, the <a href="http://www.oecd.org/">OECD</a>, Bilateral Trade and Investment treaties, and a huge number of standard setting and benchmarking organization many of which are private in character but which both claim and exercise a public power at the global level. This is the site of a reinvigorated <em>private law and private authority</em> operating in the international domain. In the case of companies, they are increasingly adopting the language of <em>global corporate citizenship</em> to characterize their activity as civic actors in this evolving quasi-constitutional environment, and they are being addressed as such by bodies like the <a href="http://www.weforum.org/issues/corporate-global-citizenship">World Economic Forum</a> and the <a href="http://www.unglobalcompact.org/AboutTheGC/index.html">UN’s Global Compact</a>. Bilateral trade and investment treaties have mushroomed over recent years. Investment treaties are an example of global <em>private administrative law </em>in action<em>. </em></p>
<p>On the other hand we have the OECD in its capacity as sponsor of socially responsible conduct by multinational companies (<a href="http://www.oecd.org/daf/internationalinvestment/guidelinesformultinationalenterprises/oecdguidelinesformultinationalenterprises.htm"><em>Guidelines for Multinational Enterprises</em></a>) which has become an instrument of global<em> public administrative law</em>. John Ruggie’s recent attempt to introduce a comprehensive regime of human rights into the business world (the UNs <a href="http://www.business-humanrights.org/Links/Repository/965591"><em>Protect, Respect and Remedy</em></a> Framework) is another case in point of the creeping quasi-constitutionalizing process.</p>
<p>But a major issue of concern is whether quasi-constitutionalization leads to the <em>Rule by Laws</em> (RbLs) rather than the <a href="http://www.un.org/en/ruleoflaw"><em>Rule of Law</em></a> (RoL) in the international system? The RoL may be being given away as RbLs replace a comprehensive system of democratically constituted judicial review, which cannot happen in the case of global quasi-constitutionality.</p>
<p>Thus in this evolving environment, instead of the rule by elected and accountable political officials we are seeing the emergence of <em>rule by lawyers</em> and by <em>aged judges and law professors</em> in international commercial and other matters. These are the actors that are leading the process of institutional rule-making. Public and particularly private elites are making-up the rules as they go along, arbitrarily and on an ad hoc basis. I call this a rule by a new <em>self-appointed Guild of Lawyers</em> on the one hand and a new <em>Clerisy of the Law</em> on the other. In effect, we are giving up any form of <em>democratic legitimacy and accountability</em> with this introduction of global quasi-constitutionalization.</p>
<blockquote><p><strong>Grahame F. Thompson</strong> is Professor of Political Economy at the Copenhagen Business School (Denmark), and Emeritus Professor at the Open University (England). His research and teaching interests have been in international political economy matters, and globalization; with a recent focus on the role of business organization in the context of international economic matters. He is the author of <a href="http://ukcatalogue.oup.com/product/9780199594832.do" target="_blank">The Constitutionalization of the Global Corporate Sphere?</a> (OUP, 2012).</p></blockquote>
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<em>Image credit: Cover of U.S. Constitution by giftlegacy <a href="http://www.istockphoto.com/stock-photo-3288724-we-the-people.php" target="_blank">via iStockphoto</a>. </em></p>
<p>The post <a href="http://blog.oup.com/2013/01/quasi-constitutionalization-grahame-thompson/">Should we be worried about global quasi-constitutionalization?</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p><img src="http://feeds.feedburner.com/~r/oupblogbizecon/~4/VRL_4KKsd2I" height="1" width="1"/>]]></content:encoded>
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		<title>Limit the estate tax charitable deduction</title>
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		<pubDate>Wed, 19 Dec 2012 17:30:14 +0000</pubDate>
		<dc:creator>Alice</dc:creator>
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		<description><![CDATA[<p><strong>By Edward Zelinsky</strong>
One widely-discussed possibility for reforming the federal income tax is limiting the deduction for charitable contributions. Whether or not Congress amends the Code to restrict the income tax deduction for charitable contributions, Congress should limit the charitable contribution deduction under the federal estate and gift taxes. Such a limit would balance the need for federal revenues with the desirability of encouraging charitable giving.</p><p>The post <a href="http://blog.oup.com/2012/12/limit-the-estate-tax-charitable-deduction/">Limit the estate tax charitable deduction</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p>]]></description>
			<content:encoded><![CDATA[<p style="text-align: center;"><a href="http://blog.oup.com/wp-content/uploads/2009/01/jr_1218_ezthoughts.jpg"><img class="size-medium wp-image-2783 aligncenter" title="jr_1218_ezthoughts" src="http://blog.oup.com/wp-content/uploads/2009/01/jr_1218_ezthoughts.jpg" alt="" /></a></p>
<h4>By Edward Zelinsky</h4>
<p><strong></strong><br />
One widely-discussed possibility for reforming the federal income tax is limiting the deduction for charitable contributions. Whether or not Congress amends the Code to restrict the income tax deduction for charitable contributions, Congress should limit the charitable contribution deduction under the federal estate and gift taxes. Such a limit would balance the need for federal revenues with the desirability of encouraging charitable giving.</p>
<p>On December 11th, the advocacy group Responsible Wealth called for the federal government to tax estates over $4,000,000 at rates starting at 45%. Among those joining this call were heirs to old fortunes such as Abigail Disney and Richard Rockefeller and owners of new wealth such as Bill Gates, Sr. Most notably, <a href="http://blog.oup.com/index.php?s=Warren+Buffett" target="_blank">Warren Buffett</a> agreed (as he has in the past) with this recent plea for higher estate taxes.</p>
<p>I am a fan of my fellow Nebraskan and agree with him that the federal government should impose estate taxes, particularly on large fortunes. I also admire Mr. Buffett for the Giving Pledge which he has promoted with the younger Mr. Gates. Under that Pledge, wealthy individuals commit to giving at least half of their wealth to philanthropy.</p>
<p>There is, however, considerable tension between the Buffett commitment to federal estate taxation and the Buffett commitment to philanthropy. By virtue of the estate tax charitable deduction, when a wealthy decedent leaves part or all of his estate to charity, no estate tax is paid on these contributed amounts.</p>
<p>It is perfectly plausible to call for estate taxation only for those who don’t distribute their wealth to philanthropy. It is, however, hard to reconcile that position with Responsible Wealth’s advocacy of strong estate taxation. Mr. Gates, Sr., for example, declared that “it would be shameful to leave potential revenue on the table from those most able to pay.” However, that is precisely what happens when large estates go to charity, namely, estate tax revenue which would otherwise flow to the federal government is instead diverted to charity. Such charity may be worthwhile but it does nothing to reduce the federal deficit.</p>
<p>Similarly, Ms. Disney argued that “a weak estate tax” falls “on the backs of the middle class,” presumably because the federal government will respond to reduced estate tax revenues by deficit financing, by raising other taxes on the middle class or by reducing government spending. However, when an estate is distributed to charity free of estate taxation, the government confronts these same choices.</p>
<p><img src="http://blog.oup.com/wp-content/uploads/2012/08/iStock_000008432629XSmall.jpg" alt="" title="dollar bill close up" width="425" height="282" class="aligncenter size-full wp-image-27855" /></p>
<p>A compromise could preserve the incentive for charitable giving while also generating some estate tax revenues for the federal government: Limit the estate (and gift) tax charitable deduction.</p>
<p>Many, including President Obama, have suggested such limitations on the income tax charitable deduction. If, for example, an individual is in the 35% federal income tax bracket, the President has proposed that the donor receive a deduction as if he or she were in the 28% bracket. In a similar fashion, the estate tax charitable deduction could be curbed, thereby generating some additional revenues for the federal fisc while also keeping a tax-incentive for charitable giving.</p>
<p>Consider, for example, a billionaire who leaves his entire estate of $1,000,000,000 to charity. To simplify the math, let’s assume that this billionaire would pay estate tax at the 40% rate if he did not bequeath all his assets to philanthropy. Because this $1,000,000,000 bequest is fully deductible for federal estate tax purposes, no tax is paid in this example. If this billionaire had not made this charitable bequest but had instead left his money to his children, the federal government would have received estate tax revenues of $400,000,000.</p>
<p>Suppose now that Congress limits the federal estate tax deduction to 70% of the amount donated to charity. In this case, the billionaire would leave a taxable estate of $300,000,000. At a 40% rate, this would require a federal estate tax payment of $120,000,000.</p>
<p>To provide the cash to pay this tax, this billionaire would probably reduce his charitable bequest to retain cash to pay this estate tax. However, at the end of the day, charity would receive the bulk of this billionaire’s assets while the federal government would receive some estate tax.</p>
<p>A limit on the estate tax charitable deduction could be constructed to fall only on relatively larger estates. For example, the first $10 million of charitable bequests could be fully deductible for estate tax purposes and only the amount gifted over that threshold would be deductible in part.</p>
<p>Alternatively, the limit could be phased in as charitable contributions increase. For example, the first $10 million of charitable bequests could be fully deductible for estate tax purposes. Then the next $50 million of philanthropic gifts could be 90% deductible and any further gifts would be 70% deductible for federal estate tax purposes.</p>
<p>The details are less important than the basic policy: By limiting the estate tax charitable deduction, all large estates donated to philanthropy would pay some federal estate tax revenues at a reduced rate. This would balance the need for federal revenues with the encouragement of the kind of charitable bequests quite commendably encouraged by Mr. Buffett and the Giving Pledge.    </p>
<blockquote><p><a href="http://blog.oup.com/wp-content/uploads/2010/12/zelinsky.jpg"><img class="alignleft" title="zelinsky" src="http://blog.oup.com/wp-content/uploads/2010/12/zelinsky-120x92.jpg" alt="" width="120" height="92" /></a>Edward A. Zelinsky is the Morris and Annie Trachman Professor of Law at the <a href="http://www.cardozo.yu.edu/" target="_blank">Benjamin N. Cardozo School of Law of Yeshiva University</a>. He is the author of <a href=" http://www.oup.com/us/catalog/general/subject/Law/LawSociety/?view=usa&amp;ci=9780195339352" target="_blank">The Origins of the Ownership Society: How The Defined Contribution Paradigm Changed America</a>. His monthly column appears <a href="http://blog.oup.com/index.php?s=edward+zelinsky" target="_blank">here</a>.</p></blockquote>
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<em>Image credit: Macro shot of the seal of the United States on the US one dollar bill. <a href="http://www.istockphoto.com/stock-photo-8432629-us-dollar-detail.php" target="_blank">Photo by briancweed</a>, iStockphoto.</em></p>
<p>The post <a href="http://blog.oup.com/2012/12/limit-the-estate-tax-charitable-deduction/">Limit the estate tax charitable deduction</a> appeared first on <a href="http://blog.oup.com">OUPblog</a>.</p><img src="http://feeds.feedburner.com/~r/oupblogbizecon/~4/PXrZkqT7Y_I" height="1" width="1"/>]]></content:encoded>
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