Tag Archives: Regulations

From bedroom to boardroom, Supreme Court is in your business

By Nancy Benac – The influence of the court’s nine justices is hard to overstate. So pay attention as Congress prepares to take up the nomination of Judge Neil Gorsuch to join the high court.

From the time Americans roll out of bed in the morning until they turn in, the court’s rulings are woven into daily life in ways large and small.

“From the air you breathe and the water you drink to the roof over your head and the person across from you in bed, the Supreme Court touches all of that,” says Elizabeth Wydra, president of the Constitutional Accountability Center.

A walk through daily life on the lookout for Supreme Court fingerprints … more> https://goo.gl/ykUXDt

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There’s a Green Card-holder at the heart of Greek philosophy

By David V Johnson – A state that, without due process, simply ignores the rights and obligations it has extended to that legal resident makes a serious breach of its moral authority and the rule of law.

This is why the state’s treatment of its non-citizen legal residents – its visa-holders and permanent resident aliens – can say as much about its health as its treatment of citizens.

The idea that the non-citizen resident is crucial to diagnosing the state’s health is evident in Plato’s Republic.

In the course of the Republic‘s 10 books, Socrates offers a considered analysis of justice and the ideally just state. It can be simplified to one principle: justice is reason ruling.

When rationality rules in government, the state is just. Similarly, when rationality governs the emotions and desires of the soul, a person is just.

When reason fails to rule, whether in the state or the person, injustice obtains. more> https://goo.gl/oTURh3

Adequate Housing: Global Financial Institutions Hold the World to Ransom

By Aisha Maniar – Global real estate is valued at around USD 217 trillion, representing 60% of all global assets.

At a recent press conference, the UN Special Rapporteur on the Right to Adequate Housing, Leilani Farha, stated that “Residential real estate is valued at $USD 163 trillion or more than twice the world’s total GDP.” She added, “Imagine if that capacity was harnessed for the realization of the right to housing instead of speculation and profit.’

In presenting a new hard-hitting report on 1 March, which “focuses on the “financialization of housing” and its impact on human rights”, Farha stated that “Housing has lost its currency as a human right” and “has been financialized: valued as a commodity rather than a human dwelling.”

The housing crisis, which “has not often been considered from the standpoint of human rights,” is global.

Many Western governments have adopted a “let them eat cake” response to the crisis. Rather than address the question of affordable and adequate housing, governments have acquiesced to market forces, with the governments of the UK and Ireland, for example, seeing a solution in building more private homes, to the benefit of developers, even though many properties lie empty in both states.

The Australian government continues to grant tax concessions to developers. more> https://goo.gl/5vYwcy

Apple vs Qualcomm. It Is More Than Money


By Gabe Moretti – I t would be impossible to grow an industry without standards that make it possible for various portion of the industry to cooperate and allow tools and methods to work together. To this end that are organizations that develop, distribute, and manage such standards. The IEEE is the one most familiar in the US.

Qualcomm and Apple are both members of ETSI, an SSO based in Sofia Antipolis, France, which includes more than 800 members from countries across five continents. ETSI produces globally accepted standards for the telecommunications industry. For example, ETSI created or helped to create numerous telecommunication standards, including the 2G/GSM, 3G/UMTS, and4G/LTE cellular communication standards.

Developing a standard requires the contribution of Intellectual Property (IP) by entities, usually corporate entities, universities, or other research organizations. Offering IP without restrictions would, almost always, hurt the offering entity financially, so a legal tool that protects it has been developed. For patents that companies have declared “essential” to the standard, patent law is reinforced by contractual obligations to license such patents on Fair, Reasonable, And non-Discriminatory commitments. The legal wording of the tool is called a FRAND (or RAND) commitment. The entire issue revolves around the definition of the term “Reasonable.”

The first thing to be realized is that this claim is about how to share revenue, not about standard making processes. Apple wants a larger share of revenue from the sale of its product, while Qualcomm wants to protect what it gets right now by re-defining how royalties are computed. Yet, there are other issues raised that may impact the electronics industry and EDA vendors.

Should royalties be fixed at a certain amount regardless of the sale price of the unit that use the licensed IP? Or, as Qualcomm contends, should royalties be a percentage of the price charged to the customer? more> https://goo.gl/rcESby

Trump is right to criticize NAFTA—but he’s totally wrong about why it’s bad for America

BOOK REVIEW

The Mexican Shock, Author: Jorge Castañeda.

By Jeff Faux – Will he deliver on this pledge? No.

But the reason is not, as the conventional economic wisdom has it, because outsourcing work to low-wage countries is the inevitable result of immutable global forces that no president can reverse.

The problem for American workers is not international trade, per se. America has been a trading nation since its beginning. The problem is, rather, the radical new rules for trade imposed by NAFTA—and copied in the myriad trade deals signed by the US ever since—that shifted the benefits of expanding trade to investors and the costs to workers.

Trump is right that the 1994 agreement with Mexico and Canada displaced US jobs—some 850,000, most of which were in manufacturing. But he is wrong in his claim that American workers lost out to Mexican workers because US negotiators were outsmarted. The interests of workers were never a priority for either American or Mexican negotiators.

NAFTA was the first important trade agreement that reflected the dramatic realignment of economic class interests across national borders. The globalization of corporate finance, production, and marketing has disconnected the interests of investors and workers throughout the world. more> https://goo.gl/anxVjL

Americans aren’t as attached to democracy as you might think

By Austin Sarat – While we have been focused on partisan divides over government policy and personnel, an almost invisible erosion of the foundations of our political system has been taking place. Public support for the rule of law and democracy can no longer be taken for granted.

While President Trump’s behavior has riveted the media and the public, our eyes should not only be focused on him but on this larger – and troubling – trend.

If the rule of law and democracy are to survive in America we will need to address the decline in the public’s understanding of, and support for both. While we celebrate the Ninth Circuit’s decision on Trump’s ban, we also must initiate a national conversation about democracy and the rule of law. Civics education, long derided, needs to be revived.

Schools, civic groups, and the media must to go back to fundamentals and explain what basic American political values entail and why they are desirable. Defenders of democracy and the rule of law must take their case to the American people and remind them of the Founders’ admonition that:

If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.

more> https://goo.gl/q5VdsE

A Blunt and Counterproductive Travel Ban

By Mohamed A. El-Erian – As designed and implemented, there are genuine doubts about the order’s effectiveness in meeting its stated objective of preventing terrorism. It also risks a lot of collateral damage and unintended consequences that ultimately could prove counterproductive and harmful to national security, the economy, and America’s moral authority, values and standing in the world. Even the order’s merits as a domestic signal are in doubt, and it risks damaging the credibility and effectiveness of future policy initiatives from the White House.

This is an extremely blunt approach to an important issue. Early reports on its application suggest that even long-time holders of multiyear visas for the U.S., together with green card holders and dual nationals, are being refused entry at airports or being prevented from boarding planes destined for America. This includes people who have been living in the U.S. legally for many years, have been vetted, and are productive and integrated members of their local communities. more> https://goo.gl/sljXfS

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Free speech debates are more than ‘radicals’ vs ‘liberals’

BOOK REVIEW

Hate Speech and Democratic Citizenship, Author: Eric Heinze.
Excitable Speech, Author: Judith Butler.
On Liberty, Author: John Stuart Mill.

By Eric Heinze – The main schism in today’s free speech debates pits liberals, advocating unbridled speech as a tool of freedom, against radicals, who unmask unbridled speech as a tool of class privilege. But that rift tells only one story.

In almost all democracies today (the United States being the sole and oft-criticized exception), mainline liberal doctrines overwhelmingly require limits on provocative speech. Liberals today largely consent to drawing lines between the lawful and the unlawful expression of ideas.

They disagree only about where that boundary should lie. Indeed, an ever more distinct libertarianism has arisen in diametric opposition to the ‘balance of interests’ approaches of our more conventional liberal approaches. The strident (though still minority) libertarian would wholly abolish those lines in favor of free speech. Accordingly, far from dissenting from the more mainstream liberal line-drawing, radicals wish merely to draw the lines more tightly around certain types of expression. They differ from liberals only as a matter of degree, not as a matter of principle, even when they appear to adopt different philosophies or vocabularies.

If we want to avoid the impasses and repetitions plaguing the free-speech debates, one way is to stop assuming that ‘the liberal position’ always dictates one outcome, and ‘the radical position’ another. Both approaches supply plausible justifications for supporting restrictions on public discourse – but even stronger grounds for opposing them. more> https://goo.gl/DxjOMc

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Resisting The Lure Of Short-Termism: Kill ‘The World’s Dumbest Idea’

By Steve Denning – Inside the firm, enhancing short-term shareholder value is what most CEOs are currently paid to do. Stock-based compensation is the main reason why the “hijacked version” of MSV (maximize shareholder value)—that the goal of a firm is shareholder value as reflected in the current stock price—has become so pervasive. By focusing CEO attention on the current stock price, stock-based compensation is often at odds with long-term growth.

When a firm embraces the goal of making money for the shareholders and its executives, it can’t inspire its staff to pursue that goal with any commitment or passion. Making money for the boss at the expense of the customer doesn’t put a spring in anyone’s step or excite anyone to give his or her very best. The goal is inherently dispiriting.

So once a firm commits to MSV, it has little choice but to manage itself with strict command-and-control to force employees to pursue a goal that they don’t really believe in. So MSV and top-down bureaucracy fit together in a perfect interlocking relationship, like a hand and a glove. If a firm tries to move away from bureaucracy, for instance by introducing Agile team practices, then the goals, prescriptions and metrics of MSV kick in to undermine the change and force a reversion to bureaucracy. more> https://goo.gl/Qt3pdu

The cult of the expert – and how it collapsed

BOOK REVIEW

The Man Who Knew: The Life and Times of Alan Greenspan, Author: Sebastian Mallaby.

By Sebastian Mallaby – Bernanke repeated his plan to commit $85bn of public money to the takeover of an insurance company.

“Do you have 85bn?” one sceptical lawmaker demanded.

“I have 800bn,” Bernanke replied evenly – a central bank could conjure as much money as it deemed necessary.

But did the Federal Reserve have the legal right to take this sort of action unilaterally, another lawmaker inquired?

Yes, Bernanke answered: as Fed chairman, he wielded the largest chequebook in the world – and the only counter-signatures required would come from other Fed experts, who were no more elected or accountable than he was.

Somehow America’s famous apparatus of democratic checks and balances did not apply to the monetary priesthood. Their authority derived from technocratic virtuosity.

The key to the power of the central bankers – and the envy of all the other experts – lay precisely in their ability to escape political interference.

Democratically elected leaders had given them a mission – to vanquish inflation – and then let them get on with it. To public-health experts, climate scientists and other members of the knowledge elite, this was the model of how things should be done. Experts had built Microsoft. Experts were sequencing the genome. Experts were laying fibre-optic cable beneath the great oceans. No senator would have his child’s surgery performed by an amateur.

So why would he not entrust experts with the economy?

How did Greenspan achieve this legendary status, creating the template for expert empowerment on which a generation of technocrats sought to build a new philosophy of anti-politics?

The question is not merely of historical interest. With experts now in retreat, in the United States, Britain and elsewhere, the story of their rise may hold lessons for the future. more> https://goo.gl/7rAAmg