The Problem With Romney’s Taxes

Posted By: John Carney | Senior Editor, CNBC.com
CNBC.com
| 24 Jan 2012 | 10:03 AM ET

The extraordinary wealth of Mitt Romney should not be a cause for surprise, much less alarm. For as long as anyone has known the name Mitt Romney, he has been associated with wealth and power — as many of our presidents, good and bad, have been.

Americans do not require that our presidents emerge from the middle classes. If anything, the opposite seems to be the case. We like our presidents wealthy or at least to have the trappings of wealth, such as a degree from Harvard Law School. We are a country that admires success, and from before the beginning of our republic we’ve had a strong tendency to look at the possession of wealth as a sign of merit.

But Romney’s tax returns did not just reveal that his income. It revealed his tax rate, which was around just 14 percent of his income. And this is a problem.

No one supposes that Romney achieved his tax rate through any illegality. He strikes most of us as perhaps too upstanding, hardly a guy to bend or break the requirements of the tax code. But it is the very fact that Romney can pay such a small share of his income in taxes and be safely within the law that vexes.

Many Americans — whether they are of the Tea Party or Occupy Wall Street persuasion, or somewhere in between — increasingly sense that our public institutions do not treat us as equals. Regulations benefit entrenched corporate interests, bailouts rescue financiers and automotive chiefs, politicians serve their special interest clients rather than the common weal, and the tax system — that dreaded monstrosity — destroys the income of the middle classes while somehow, someway allowing the Mitt Romneys of the world to pay just a fraction of what the rest of us pay.

It is not so much the unequal distribution of wealth that bothers us, it is the unequal treatment by government. The very place we are meant to meet as equals regardless of our social status — the political sphere — has decayed or been abandoned. That grand and shining city on the hill where we held a truth about our equality before the law to be self-evident increasingly stands like a ruin, a reminder of a lost civilization.

The problem is not that the rich have too much money but that the wealthy and the politically powerful — all too often, one and the same — are insulated from our common life. This can be seen in many areas but let us stick to taxes right now. Most working Americans are overtaxed, burdened beyond anything the benefits of public goods could justify. But some of us — and here “us” is used in the loosest sense — have escaped these common burdens.

Americans who might never seek to undo the effects of market processes shudder when they see that inequality has crept up out of the marketplace and taken over our politics. Or, to be more accurate, the realm of politics and the realm of markets have intermingled too much.

And, despite the best intentions of progressives who believed that they could spread equality before the law into the market, the effect has been to spread inequality into politics.

The political effects of this blended system are obvious enough. The economic consequences, however, have been perverse. The middle classes are increasingly proletarianized, forced out of the once boisterous stance of insubordinate Americans and into a class laboring forever under fear of unemployment, unwieldy debt and the loss of a feeling of national community.

Romney’s tax rate demonstrates that he is one of the beneficiaries of this new system. He has prospered under the system under which many Americans continue to suffer. Even if Romney can claim to have earned his income because he is a “successful businessman,” he retains more of his income because that income is earned in ways our tax code favors.

Underlying much of the current Tea Party uprising in the Republican Party is a growing sense that the dispossessed middle class Americans must form a distinct social and political identity in order to overcome the incumbent elite influence in government and economics. If it does not act on its own behalf, it will not only be unable to retain the benefits it once enjoyed but continue to be exploited — continue to lose prestige, influence, security, income and freedom.

Romney’s tax return shows that he is, at least, an unlikely leader of this revolt. The burden lies upon his shoulders to demonstrate that this appearance is less than fully accurate.

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How Fares the Dream?

By

“I have a dream,” declared Martin Luther King, in a speech that has lost none of its power to inspire. And some of that dream has come true. When King spoke in the summer of 1963, America was a nation that denied basic rights to millions of its citizens, simply because their skin was the wrong color. Today racism is no longer embedded in law. And while it has by no means been banished from the hearts of men, its grip is far weaker than once it was.

To say the obvious: to look at a photo of President Obama with his cabinet is to see a degree of racial openness — and openness to women, too — that would have seemed almost inconceivable in 1963. When we observe Martin Luther King’s Birthday, we have something very real to celebrate: the civil rights movement was one of America’s finest hours, and it made us a nation truer to its own ideals.

Yet if King could see America now, I believe that he would be disappointed, and feel that his work was nowhere near done. He dreamed of a nation in which his children “will not be judged by the color of their skin but by the content of their character.” But what we actually became is a nation that judges people not by the color of their skin — or at least not as much as in the past — but by the size of their paychecks. And in America, more than in most other wealthy nations, the size of your paycheck is strongly correlated with the size of your father’s paycheck.

Goodbye Jim Crow, hello class system.

Economic inequality isn’t inherently a racial issue, and rising inequality would be disturbing even if there weren’t a racial dimension. But American society being what it is, there are racial implications to the way our incomes have been pulling apart. And in any case, King — who was campaigning for higher wages when he was assassinated — would surely have considered soaring inequality an evil to be opposed.

So, about that racial dimension: In the 1960s it was widely assumed that ending overt discrimination would improve the economic as well as legal status of minority groups. And at first this seemed to be happening. Over the course of the 1960s and 1970s substantial numbers of black families moved into the middle class, and even into the upper middle class; the percentage of black households in the top 20 percent of the income distribution nearly doubled.

But around 1980 the relative economic position of blacks in America stopped improving. Why? An important part of the answer, surely, is that circa 1980 income disparities in the United States began to widen dramatically, turning us into a society more unequal than at any time since the 1920s.

Think of the income distribution as a ladder, with different people on different rungs. Starting around 1980, the rungs began moving ever farther apart, adversely affecting black economic progress in two ways. First, because many blacks were still on the lower rungs, they were left behind as income at the top of the ladder soared while income near the bottom stagnated. Second, as the rungs moved farther apart, the ladder became harder to climb.

The Times recently reported on a well-established finding that still surprises many Americans when they hear about it: although we still see ourselves as the land of opportunity, we actually have less intergenerational economic mobility than other advanced nations. That is, the chances that someone born into a low-income family will end up with high income, or vice versa, are significantly lower here than in Canada or Europe.

And there’s every reason to believe that our low economic mobility has a lot to do with our high level of income inequality.

Last week Alan Krueger, chairman of the president’s Council of Economic Advisers, gave an important speech about income inequality, presenting a relationship he dubbed the “Great Gatsby Curve.” Highly unequal countries, he showed, have low mobility: the more unequal a society is, the greater the extent to which an individual’s economic status is determined by his or her parents’ status. And as Mr. Krueger pointed out, this relationship suggests that America in the year 2035 will have even less mobility than it has now, that it will be a place in which the economic prospects of children largely reflect the class into which they were born.

That is not a development we should meekly accept.

Mitt Romney says that we should discuss income inequality, if at all, only in “quiet rooms.” There was a time when people said the same thing about racial inequality. Luckily, however, there were people like Martin Luther King who refused to stay quiet. And we should follow their example today. For the fact is that rising inequality threatens to make America a different and worse place — and we need to reverse that trend to preserve both our values and our dreams.

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Beyond Elections: People Power

January 3, 2012, 9:00 pm

Beyond Elections: People Power

By MARK BITTMAN
 
The presidential election may be grabbing headlines, but the true rallying cry for 2012 is to struggle and organize around those issues that a president might take seriously, to stake out positions that would benefit what used to be called the working class (and now goes by “the 99 percent”) and to garner enough political will and power to pressure the president and Congress to move resolutely on the issues that matter.

Tall order, and one that’s of more than passing interest to those who think of themselves as part of the food movement.

Or the environmental movement. Or the Occupy movement, or the foreclosed homeowners movement, or the indebted students movement, or the unemployment movement, or pretty much any movement you can name that implicitly or explicitly acknowledges that there is a class war in this country, one that the wrong side is winning.

It doesn’t matter what you call the movements, or the people behind them. What matters is forcing the government to act in the interests of the sometimes-silent majority rather than its corporate paymasters. That struggle, probably as old as representative democracy itself, most notably dates from the consolidation of corporate power that began after the industrial revolution. It’s a struggle that’s causing more and more Americans not just to see that something’s wrong with the system but to find the will needed to change it. Again, these people go by a variety of names, though it’s interesting that a recent Pew poll found that just about half of all young people now have a more positive view of “socialism” (whatever that is) than “capitalism” (we know what that is), as do nearly a third of all Americans.

Whatever. We should be able to agree on this: there is an oligarchy in this country, one that uses financial strength to gain political power, one that fights and bullies for its “right” to make money regardless of the consequences to the earth or anything on it. Exxon will do all it can to prevent meaningful climate change legislation; Cargill and Pepsi will fight any improvement in agriculture or diet that threatens their profits; Bank of America would rather see homeowners go under than discuss changes in financial structures. And so on.

There are two ways to fight this oligarchy: by making personal and local changes that counter its power, and by joining mass movements that protest that power. The first can be as simple as light-bulb changing (which Republicans famously detest) and salad-eating [1], though obviously it can be far more involved. The second begins with voting, but it takes more than a president, however well-intentioned, to bring about real change. Does anyone believe that Lyndon Johnson wanted to combat racism, or that Richard Nixon cared about American troops or Vietnamese citizens? No: they were forced, respectively, to support civil rights legislation and to begin ending the Vietnam War. Forced by masses of Americans marching, yelling, demonstrating, sitting in and more — Americans driven by their conscience, not by profits.

Only if there is collective action by large numbers of citizens will politicians — even principled ones — have the support they need to resist the power of corporate lobbyists. It’s not an easy process, and it’s one that’s often met by violence.

I focus on the effect the oligarchy has on the food system — and in turn on our health and that of the environment, farm laborers, animals and so on — but in 2011 I was most inspired when thousands of people sat in front of the White House to protest the approval of the proposed Keystone XL pipeline, which the climate scientist Jim Hansen called the “fuse to the biggest carbon bomb on the planet.” More than 1,000 people were arrested, but the pipeline’s approval, supported by the State Department and taken for granted, was subsequently delayed, possibly forever.

Why? Certainly not thanks to the pipeline’s 234 supporters in the House of Representatives, who collectively pocketed $42 million (Speaker John A. Boehner’s office alone took in more than $1 million) from the fossil fuel industry[2]. No, it was delayed because President Obama was responding to pressure from normal people, rather than pressure exerted by the energy industry.

A system that allows what amounts to direct payments to congressmen from corporations may be technically legal, but as the journalist and activist Bill McKibben — one of the organizers of the Washington Keystone protest — said to me last week, “Not only does it offend the notion of fairness, it leads to irrational outcomes.”

The most “irrational outcome” is permission to poison air, land, water and living things in the name of profits and without penalty: a hefty subsidy for the products of both the fossil fuel and big food industries. The relatively paltry sums these corporations pay to members of Congress are nothing compared to their profits. (Because $42 million isn’t much  when you consider that the total profits of Exxon, for example, were more than $30 billion in 2010.)

That’s oligarchy in action, and the lesson of Keystone is as old as protest itself: only by uniting people who are willing to fight for a cause can we change things. (Do I need to bring up Egypt, Tunisia, and the American and French Revolutions?) And whether the food movement finds a representative issue of its own (food safety? the casual poisoning of the earth or our bodies?) or it joins with other movements of people victimized by the oligarchy, it will take dedicated protest — lots of it, by lots of us — to compete with corporate dollars.

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Creation Myth

Xerox PARC, Apple, and the truth about innovation.

by Malcolm Gladwell                                                                                                                                                  May 16, 2011

The mouse was conceived by the computer scientist Douglas  Engelbart, developed by Xerox PARC, and made marketable by Apple.
In late 1979, a twenty-four-year-old entrepreneur paid a  visit to a research center in Silicon Valley called Xerox PARC.  He was the co-founder of a small computer startup down the road, in Cupertino.  His name was Steve Jobs.

Xerox PARC was the innovation arm of the Xerox  Corporation. It was, and remains, on Coyote Hill Road, in Palo Alto, nestled in  the foothills on the edge of town, in a long, low concrete building, with  enormous terraces looking out over the jewels of Silicon Valley. To the  northwest was Stanford University’s Hoover Tower. To the north was  Hewlett-Packard’s sprawling campus. All around were scores of the other chip  designers, software firms, venture capitalists, and hardware-makers. A visitor  to PARC, taking in that view, could easily  imagine that it was the computer world’s castle, lording over the valley  below—and, at the time, this wasn’t far from the truth. In 1970, Xerox had  assembled the world’s greatest computer engineers and programmers, and for the  next ten years they had an unparalleled run of innovation and invention. If you  were obsessed with the future in the seventies, you were obsessed with Xerox PARC—which was why the young Steve Jobs had  driven to Coyote Hill Road.

Apple was already one of the hottest tech firms in the country. Everyone in  the Valley wanted a piece of it. So Jobs proposed a deal: he would allow Xerox  to buy a hundred thousand shares of his company for a million dollars—its highly  anticipated I.P.O. was just a year away—if PARC would “open its kimono.” A lot of haggling ensued. Jobs was the fox,  after all, and PARC was the henhouse. What would  he be allowed to see? What wouldn’t he be allowed to see? Some at PARC thought that the whole idea was lunacy, but, in the end, Xerox went ahead  with it. One PARC scientist recalls Jobs as “rambunctious”—a fresh-cheeked, caffeinated version of today’s austere digital  emperor. He was given a couple of tours, and he ended up standing in front of a  Xerox Alto, PARC’s prized personal computer.

An engineer named Larry Tesler conducted the demonstration. He moved the  cursor across the screen with the aid of a “mouse.” Directing a conventional  computer, in those days, meant typing in a command on the keyboard. Tesler just  clicked on one of the icons on the screen. He opened and closed “windows,” deftly moving from one task to another. He wrote on an elegant word-processing  program, and exchanged e-mails with other people at PARC, on the world’s first Ethernet network. Jobs had  come with one of his software engineers, Bill Atkinson, and Atkinson moved in as  close as he could, his nose almost touching the screen. “Jobs was pacing around  the room, acting up the whole time,” Tesler recalled. “He was very excited.  Then, when he began seeing the things I could do onscreen, he watched for about  a minute and started jumping around the room, shouting, ‘Why aren’t you doing  anything with this? This is the greatest thing. This is revolutionary!’ ”

Xerox began selling a successor to the Alto in 1981. It was slow and  underpowered—and Xerox ultimately withdrew from personal computers altogether.  Jobs, meanwhile, raced back to Apple, and demanded that the team working on the  company’s next generation of personal computers change course. He wanted menus  on the screen. He wanted windows. He wanted a mouse. The result was the  Macintosh, perhaps the most famous product in the history of Silicon Valley.

“If Xerox had known what it had and had taken advantage of its real  opportunities,” Jobs said, years later, “it could have been as big as I.B.M.  plus Microsoft plus Xerox combined—and the largest high-technology company in  the world.”

This is the legend of Xerox PARC. Jobs is the  Biblical Jacob and Xerox is Esau, squandering his birthright for a pittance. In  the past thirty years, the legend has been vindicated by history. Xerox, once  the darling of the American high-technology community, slipped from its former  dominance. Apple is now ascendant, and the demonstration in that room in Palo  Alto has come to symbolize the vision and ruthlessness that separate true  innovators from also-rans. As with all legends, however, the truth is a bit more  complicated.

After Jobs returned from PARC, he met with a man named Dean Hovey, who was one  of the founders of the industrial-design firm that would become known as IDEO. “Jobs went to Xerox PARC on a Wednesday or a Thursday, and I saw him on the Friday afternoon,” Hovey recalled. “I had a series of ideas that I wanted to bounce off him, and I  barely got two words out of my mouth when he said, ‘No, no, no, you’ve got to do  a mouse.’ I was, like, ‘What’s a mouse?’ I didn’t have a clue. So he explains  it, and he says, ‘You know, [the Xerox mouse] is a mouse that cost three hundred  dollars to build and it breaks within two weeks. Here’s your design spec: Our  mouse needs to be manufacturable for less than fifteen bucks. It needs to not  fail for a couple of years, and I want to be able to use it on Formica and my  bluejeans.’ From that meeting, I went to Walgreens, which is still there, at the  corner of Grant and El Camino in Mountain View, and I wandered around and bought  all the underarm deodorants that I could find, because they had that ball in  them. I bought a butter dish. That was the beginnings of the mouse.”

I spoke with Hovey in a ramshackle building in downtown Palo Alto, where his  firm had started out. He had asked the current tenant if he could borrow his old  office for the morning, just for the fun of telling the story of the Apple mouse  in the place where it was invented. The room was the size of someone’s bedroom.  It looked as if it had last been painted in the Coolidge Administration. Hovey,  who is lean and healthy in a Northern California yoga-and-yogurt sort of way,  sat uncomfortably at a rickety desk in a corner of the room. “Our first machine  shop was literally out on the roof,” he said, pointing out the window to a  little narrow strip of rooftop, covered in green outdoor carpeting. “We didn’t  tell the planning commission. We went and got that clear corrugated stuff and  put it across the top for a roof. We got out through the window.”

He had brought a big plastic bag full of the artifacts of that moment:  diagrams scribbled on lined paper, dozens of differently sized plastic mouse  shells, a spool of guitar wire, a tiny set of wheels from a toy train set, and  the metal lid from a jar of Ralph’s preserves. He turned the lid over. It was  filled with a waxlike substance, the middle of which had a round indentation, in  the shape of a small ball. “It’s epoxy casting resin,” he said. “You pour it,  and then I put Vaseline on a smooth steel ball, and set it in the resin, and it  hardens around it.” He tucked the steel ball underneath the lid and rolled it  around the tabletop. “It’s a kind of mouse.”

The hard part was that the roller ball needed to be connected to the housing  of the mouse, so that it didn’t fall out, and so that it could transmit  information about its movements to the cursor on the screen. But if the friction  created by those connections was greater than the friction between the tabletop  and the roller ball, the mouse would skip. And the more the mouse was used the  more dust it would pick up off the tabletop, and the more it would skip. The  Xerox PARC mouse was an elaborate affair, with an  array of ball bearings supporting the roller ball. But there was too much  friction on the top of the ball, and it couldn’t deal with dust and grime.

At first, Hovey set to work with various arrangements of ball bearings, but  nothing quite worked. “This was the ‘aha’ moment,” Hovey said, placing his  fingers loosely around the sides of the ball, so that they barely touched its  surface. “So the ball’s sitting here. And it rolls. I attribute that not to the  table but to the oldness of the building. The floor’s not level. So I started  playing with it, and that’s when I realized: I want it to roll. I don’t  want it to be supported by all kinds of ball bearings. I want to just barely  touch it.”

The trick was to connect the ball to the rest of the mouse at the two points  where there was the least friction—right where his fingertips had been, dead  center on either side of the ball. “If it’s right at midpoint, there’s no force  causing it to rotate. So it rolls.”

Hovey estimated their consulting fee at thirty-five dollars an hour; the  whole project cost perhaps a hundred thousand dollars. “I originally pitched  Apple on doing this mostly for royalties, as opposed to a consulting job,” he  recalled. “I said, ‘I’m thinking fifty cents apiece,’ because I was thinking  that they’d sell fifty thousand, maybe a hundred thousand of them.” He burst out  laughing, because of how far off his estimates ended up being. “Steve’s pretty  savvy. He said no. Maybe if I’d asked for a nickel, I would have been fine.”

Here is the first complicating fact about the Jobs visit.  In the legend of Xerox PARC, Jobs stole the  personal computer from Xerox. But the striking thing about Jobs’s instructions  to Hovey is that he didn’t want to reproduce what he saw at PARC. “You know, there were disputes around the number of buttons—three buttons, two  buttons, one-button mouse,” Hovey went on. “The mouse at Xerox had three  buttons. But we came around to the fact that learning to mouse is a feat in and  of itself, and to make it as simple as possible, with just one button, was  pretty important.”

So was what Jobs took from Xerox the idea of the mouse? Not quite,  because Xerox never owned the idea of the mouse. The PARC researchers got it from the computer scientist  Douglas Engelbart, at Stanford Research Institute, fifteen minutes away on the  other side of the university campus. Engelbart dreamed up the idea of moving the  cursor around the screen with a stand-alone mechanical “animal” back in the mid- nineteen-sixties. His mouse was a bulky, rectangular affair, with what looked  like steel roller-skate wheels. If you lined up Engelbart’s mouse, Xerox’s  mouse, and Apple’s mouse, you would not see the serial reproduction of an  object. You would see the evolution of a concept.

The same is true of the graphical user interface that so captured Jobs’s  imagination. Xerox PARC’s innovation had been to  replace the traditional computer command line with onscreen icons. But when you  clicked on an icon you got a pop-up menu: this was the intermediary between the  user’s intention and the computer’s response. Jobs’s software team took the  graphical interface a giant step further. It emphasized “direct manipulation.” If you wanted to make a window bigger, you just pulled on its corner and made it  bigger; if you wanted to move a window across the screen, you just grabbed it  and moved it. The Apple designers also invented the menu bar, the pull-down  menu, and the trash can—all features that radically simplified the original  Xerox PARC idea.

The difference between direct and indirect manipulation—between three buttons  and one button, three hundred dollars and fifteen dollars, and a roller ball  supported by ball bearings and a free-rolling ball—is not trivial. It is the  difference between something intended for experts, which is what Xerox PARC had in mind, and something that’s appropriate for  a mass audience, which is what Apple had in mind. PARC was building a personal computer. Apple wanted to build a popular  computer.

In a recent study, “The Culture of Military Innovation,” the military scholar  Dima Adamsky makes a similar argument about the so-called Revolution in Military  Affairs. R.M.A. refers to the way armies have transformed themselves with the  tools of the digital age—such as precision-guided missiles, surveillance drones,  and real-time command, control, and communications technologies—and Adamsky  begins with the simple observation that it is impossible to determine who  invented R.M.A. The first people to imagine how digital technology would  transform warfare were a cadre of senior military intellectuals in the Soviet  Union, during the nineteen-seventies. The first country to come up with these  high-tech systems was the United States. And the first country to use them was  Israel, in its 1982 clash with the Syrian Air Force in Lebanon’s Bekaa Valley, a  battle commonly referred to as “the Bekaa Valley turkey shoot.” Israel  coördinated all the major innovations of R.M.A. in a manner so devastating that  it destroyed nineteen surface-to-air batteries and eighty-seven Syrian aircraft  while losing only a handful of its own planes.

That’s three revolutions, not one, and Adamsky’s point is that each of these  strands is necessarily distinct, drawing on separate skills and circumstances.  The Soviets had a strong, centralized military bureaucracy, with a long  tradition of theoretical analysis. It made sense that they were the first to  understand the military implications of new information systems. But they didn’t  do anything with it, because centralized military bureaucracies with strong  intellectual traditions aren’t very good at connecting word and deed.

The United States, by contrast, has a decentralized, bottom-up  entrepreneurial culture, which has historically had a strong orientation toward  technological solutions. The military’s close ties to the country’ high-tech  community made it unsurprising that the U.S. would be the first to invent  precision-guidance and next-generation command-and-control communications. But  those assets also meant that Soviet-style systemic analysis wasn’t going to be a  priority. As for the Israelis, their military culture grew out of a background  of resource constraint and constant threat. In response, they became brilliantly  improvisational and creative. But, as Adamsky points out, a military built  around urgent, short-term “fire extinguishing” is not going to be distinguished  by reflective theory. No one stole the revolution. Each party viewed the problem  from a different perspective, and carved off a different piece of the  puzzle.

In the history of the mouse, Engelbart was the Soviet Union. He was the  visionary, who saw the mouse before anyone else did. But visionaries are limited  by their visions. “Engelbart’s self-defined mission was not to produce a  product, or even a prototype; it was an open-ended search for knowledge,” Matthew Hiltzik writes, in “Dealers of Lightning” (1999), his wonderful history  of Xerox PARC. “Consequently, no project in his  lab ever seemed to come to an end.” Xerox PARC was the United States: it was a place where things got made. “Xerox  created this perfect environment,” recalled Bob Metcalfe, who worked there  through much of the nineteen-seventies, before leaving to found the networking  company 3Com. “There wasn’t any hierarchy. We built out our own tools. When we  needed to publish papers, we built a printer. When we needed to edit the papers,  we built a computer. When we needed to connect computers, we figured out how to  connect them. We had big budgets. Unlike many of our brethren, we didn’t have to  teach. We could just research. It was heaven.”

But heaven is not a good place to commercialize a product. “We built a  computer and it was a beautiful thing,” Metcalfe went on. “We developed our  computer language, our own display, our own language. It was a gold-plated  product. But it cost sixteen thousand dollars, and it needed to cost three  thousand dollars.” For an actual product, you need threat and constraint—and the  improvisation and creativity necessary to turn a gold-plated  three-hundred-dollar mouse into something that works on Formica and costs  fifteen dollars. Apple was Israel.

Xerox couldn’t have been I.B.M. and Microsoft combined, in other  words. “You can be one of the most successful makers of enterprise technology  products the world has ever known, but that doesn’t mean your instincts will  carry over to the consumer market,” the tech writer Harry McCracken recently  wrote. “They’re really different, and few companies have ever been successful in  both.” He was talking about the decision by the networking giant Cisco System,  this spring, to shut down its Flip camera business, at a cost of many hundreds  of millions of dollars. But he could just as easily have been talking about the  Xerox of forty years ago, which was one of the most successful makers of  enterprise technology the world has ever known. The fair question is whether  Xerox, through its research arm in Palo Alto, found a better way to be Xerox—and  the answer is that it did, although that story doesn’t get told nearly as  often.

ne of the people at Xerox PARC when Steve Jobs visited was an optical  engineer named Gary Starkweather. He is a solid and irrepressibly cheerful man,  with large, practical hands and the engineer’s gift of pretending that what is  impossibly difficult is actually pretty easy, once you shave off a bit here, and  remember some of your high-school calculus, and realize that the thing that you  thought should go in left to right should actually go in right to left. Once,  before the palatial Coyote Hill Road building was constructed, a group that  Starkweather had to be connected to was moved to another building, across the  Foothill Expressway, half a mile away. There was no way to run a cable under the  highway. So Starkweather fired a laser through the air between the two  buildings, an improvised communications system that meant that, if you were  driving down the Foothill Expressway on a foggy night and happened to look up,  you might see a mysterious red beam streaking across the sky. When a motorist  drove into the median ditch, “we had to turn it down,” Starkweather recalled,  with a mischievous smile.

Lasers were Starkweather’s specialty. He started at Xerox’s East Coast  research facility in Webster, New York, outside Rochester. Xerox built machines  that scanned a printed page of type using a photographic lens, and then printed  a duplicate. Starkweather’s idea was to skip the first step—to run a document  from a computer directly into a photocopier, by means of a laser, and turn the  Xerox machine into a printer. It was a radical idea. The printer, since  Gutenberg, had been limited to the function of re-creation: if you wanted to  print a specific image or letter, you had to have a physical character or mark  corresponding to that image or letter. What Starkweather wanted to do was take  the array of bits and bytes, ones and zeros that constitute digital images, and  transfer them straight into the guts of a copier. That meant, at least in  theory, that he could print anything.

“One morning, I woke up and I thought, Why don’t we just print something out  directly?” Starkweather said. “But when I flew that past my boss he thought it  was the most brain-dead idea he had ever heard. He basically told me to find  something else to do. The feeling was that lasers were too expensive. They  didn’t work that well. Nobody wants to do this, computers aren’t powerful  enough. And I guess, in my naïveté, I kept thinking, He’s just not right—there’s  something about this I really like. It got to be a frustrating situation. He and  I came to loggerheads over the thing, about late 1969, early 1970. I was running  my experiments in the back room behind a black curtain. I played with them when  I could. He threatened to lay off my people if I didn’t stop. I was having to  make a decision: do I abandon this, or do I try and go up the ladder with  it?”

Then Starkweather heard that Xerox was opening a research center in Palo  Alto, three thousand miles away from its New York headquarters. He went to a  senior vice-president of Xerox, threatening to  leave for I.B.M. if he didn’t get a transfer. In January of 1971, his wish was  granted, and, within ten months, he had a prototype up and running.

Starkweather is retired now, and lives in a gated community just north of  Orlando, Florida. When we spoke, he was sitting at a picnic table, inside a  screened-in porch in his back yard. Behind him, golfers whirred by in carts. He  was wearing white chinos and a shiny black short-sleeved shirt, decorated with  fluorescent images of vintage hot rods. He had brought out two large plastic  bins filled with the artifacts of his research, and he spread the contents on  the table: a metal octagonal disk, sketches on lab paper, a black plastic laser  housing that served as the innards for one of his printers.

“There was still a tremendous amount of opposition from the Webster group,  who saw no future in computer printing,” he went on. “They said, ‘I.B.M. is  doing that. Why do we need to do that?’ and so forth. Also, there were two or  three competing projects, which I guess I have the luxury of calling ridiculous.  One group had fifty people and another had twenty. I had two.” Starkweather  picked up a picture of one of his in-house competitors, something called an “optical carriage printer.” It was the size of one of those modular Italian  kitchen units that you see advertised in fancy design magazines. “It was an  unbelievable device,” he said, with a rueful chuckle. “It had a ten-inch drum,  which turned at five thousand r.p.m., like a super washing machine. It had  characters printed on its surface. I think they only ever sold ten of them. The  problem was that it was spinning so fast that the drum would blow out and the  characters would fly off. And there was only this one lady in Troy, New York,  who knew how to put the characters on so that they would stay.

“So we finally decided to have what I called a fly-off. There was a full page  of text—where some of them were non-serif characters, Helvetica, stuff like  that—and then a page of graph paper with grid lines, and pages with pictures and  some other complex stuff—and everybody had to print all six pages. Well, once we  decided on those six pages, I knew I’d won, because I knew there wasn’t anything  I couldn’t print. Are you kidding? If you can translate it into bits, I can  print it. Some of these other machines had to go through hoops just to print a  curve. A week after the fly-off, they folded those other projects. I was the  only game in town.” The project turned into the Xerox 9700, the first  high-speed, cut-paper laser printer in the world.

n one sense, the Starkweather story is of a piece with the  Steve Jobs visit. It is an example of the imaginative poverty of Xerox  management. Starkweather had to hide his laser behind a curtain. He had to fight  for his transfer to PARC. He had to endure the  indignity of the fly-off, and even then Xerox management remained skeptical. The  founder of PARC, Jack Goldman, had to bring in a  team from Rochester for a personal demonstration. After that, Starkweather and  Goldman had an idea for getting the laser printer to market quickly: graft a  laser onto a Xerox copier called the 7000. The 7000 was an older model, and  Xerox had lots of 7000s sitting around that had just come off lease. Goldman  even had a customer ready: the Lawrence Livermore laboratory was prepared to buy  a whole slate of the machines. Xerox said no. Then Starkweather wanted to make  what he called a photo-typesetter, which produced camera-ready copy right on  your desk. Xerox said no. “I wanted to work on higher-performance scanners,” Starkweather continued. “In other words, what if we print something other than  documents? For example, I made a high-resolution scanner and you could print on  glass plates.” He rummaged in one of the boxes on the picnic table and came out  with a sheet of glass, roughly six inches square, on which a photograph of a  child’s face appeared. The same idea, he said, could have been used to make “masks” for the semiconductor industry—the densely patterned screens used to  etch the designs on computer chips. “No one would ever follow through, because  Xerox said, ‘Now you’re in Intel’s market, what are you doing that for?’ They  just could not seem to see that they were in the information business. This”—he  lifted up the plate with the little girl’s face on it—“is a copy. It’s just not  a copy of an office document.” But he got nowhere. “Xerox had been infested by a  bunch of spreadsheet experts who thought you could decide every product based on  metrics. Unfortunately, creativity wasn’t on a metric.”

A few days after that afternoon in his back yard, however, Starkweather  e-mailed an addendum to his discussion of his experiences at PARC. “Despite all the hassles and risks that happened in getting the laser printer  going, in retrospect the journey was that much more exciting,” he wrote. “Often  difficulties are just opportunities in disguise.” Perhaps he felt that he had  painted too negative a picture of his time at Xerox, or suffered a pang of guilt  about what it must have been like to be one of those Xerox executives on the  other side of the table. The truth is that Starkweather was a difficult  employee. It went hand in hand with what made him such an extraordinary  innovator. When his boss told him to quit working on lasers, he continued in  secret. He was disruptive and stubborn and independent-minded—and he had a  thousand ideas, and sorting out the good ideas from the bad wasn’t always easy.  Should Xerox have put out a special order of laser printers for Lawrence  Livermore, based on the old 7000 copier? In “Fumbling the Future: How Xerox  Invented, Then Ignored, the First Personal Computer” (1988)—a book dedicated to  the idea that Xerox was run by the blind—Douglas Smith and Robert Alexander  admit that the proposal was hopelessly impractical: “The scanty Livermore  proposal could not justify the investment required to start a laser printing  business. . . . How and where would Xerox manufacture the laser printers? Who  would sell and service them? Who would buy them and why?” Starkweather, and his  compatriots at Xerox PARC, weren’t the source of  disciplined strategic insights. They were wild geysers of creative energy.

The psychologist Dean Simonton argues that this fecundity is often at the  heart of what distinguishes the truly gifted. The difference between Bach and  his forgotten peers isn’t necessarily that he had a better ratio of hits to  misses. The difference is that the mediocre might have a dozen ideas, while  Bach, in his lifetime, created more than a thousand full-fledged musical  compositions. A genius is a genius, Simonton maintains, because he can put  together such a staggering number of insights, ideas, theories, random  observations, and unexpected connections that he almost inevitably ends up with  something great. “Quality,” Simonton writes, is “a probabilistic function of  quantity.”

Simonton’s point is that there is nothing neat and efficient about  creativity. “The more successes there are,” he says, “the more failures there  are as well”—meaning that the person who had far more ideas than the rest of us  will have far more bad ideas than the rest of us, too. This is why managing the  creative process is so difficult. The making of the classic Rolling Stones album “Exile on Main Street” was an ordeal, Keith Richards writes in his new memoir,  because the band had too many ideas. It had to fight from under an avalanche of  mediocrity: “Head in the Toilet Blues,” “Leather Jackets,” “Windmill,” “I Was  Just a Country Boy,” “Bent Green Needles,” “Labour Pains,” and “Pommes de  Terre”—the last of which Richards explains with the apologetic, “Well, we were  in France at the time.”

At one point, Richards quotes a friend, Jim Dickinson, remembering the  origins of the song “Brown Sugar”:

I watched Mick write the lyrics. . . .  He wrote it down as fast as he could move his hand. I’d never seen anything like  it. He had one of those yellow legal pads, and he’d write a verse a page, just  write a verse and then turn the page, and when he had three pages filled, they  started to cut it. It was amazing.

Richards goes on to marvel, “It’s unbelievable how prolific he was.” Then he  writes, “Sometimes you’d wonder how to turn the fucking tap off. The odd times  he would come out with so many lyrics, you’re crowding the airwaves, boy.” Richards clearly saw himself as the creative steward of the Rolling Stones (only  in a rock-and-roll band, by the way, can someone like Keith Richards perceive  himself as the responsible one), and he came to understand that one of the  hardest and most crucial parts of his job was to “turn the fucking tap off,” to  rein in Mick Jagger’s incredible creative energy.

The more Starkweather talked, the more apparent it became that his entire  career had been a version of this problem. Someone was always trying to turn his  tap off. But someone had to turn his tap off: the interests of the  innovator aren’t perfectly aligned with the interests of the corporation.  Starkweather saw ideas on their own merits. Xerox was a multinational  corporation, with shareholders, a huge sales force, and a vast corporate  customer base, and it needed to consider every new idea within the context of  what it already had.

Xerox’s managers didn’t always make the right decisions when they said no to  Starkweather. But he got to PARC, didn’t he? And  Xerox, to its great credit, had a PARC—a  place where, a continent away from the top managers, an engineer could sit and  dream, and get every purchase order approved, and fire a laser across the  Foothill Expressway if he was so inclined. Yes, he had to pit his laser printer  against lesser ideas in the contest. But he won the contest. And, the instant he  did, Xerox cancelled the competing projects and gave him the green light.

“I flew out there and gave a presentation to them on what I was looking at,” Starkweather said of his first visit to PARC. “They really liked it, because at the time they were building a personal  computer, and they were beside themselves figuring out how they were going to  get whatever was on the screen onto a sheet of paper. And when I showed them how  I was going to put prints on a sheet of paper it was a marriage made in heaven.” The reason Xerox invented the laser printer, in other words, is that it invented  the personal computer. Without the big idea, it would never have seen the value  of the small idea. If you consider innovation to be efficient and ideas  precious, that is a tragedy: you give the crown jewels away to Steve Jobs, and  all you’re left with is a printer. But in the real, messy world of creativity,  giving away the thing you don’t really understand for the thing that you do is  an inevitable tradeoff.

“When you have a bunch of smart people with a broad enough charter, you will  always get something good out of it,” Nathan Myhrvold, formerly a senior  executive at Microsoft, argues. “It’s one of the best investments you could  possibly make—but only if you chose to value it in terms of successes. If you  chose to evaluate it in terms of how many times you failed, or times you could  have succeeded and didn’t, then you are bound to be unhappy. Innovation is an  unruly thing. There will be some ideas that don’t get caught in your cup. But  that’s not what the game is about. The game is what you catch, not what you  spill.”

In the nineteen-nineties, Myhrvold created a research laboratory at Microsoft  modelled in part on what Xerox had done in Palo Alto in the nineteen-seventies,  because he considered PARC a triumph, not a  failure. “Xerox did research outside their business model, and when you do that  you should not be surprised that you have a hard time dealing with it—any more  than if some bright guy at Pfizer wrote a word processor. Good luck to Pfizer  getting into the word-processing business. Meanwhile, the thing that they  invented that was similar to their own business—a really big machine that spit  paper out—they made a lot of money on it.” And so they did. Gary Starkweather’s  laser printer made billions for Xerox. It paid for every other single project at  Xerox PARC, many times over.

In 1988, Starkweather got a call from the head of one of  Xerox’s competitors, trying to lure him away. It was someone whom he had met  years ago. “The decision was painful,” he said. “I was a year from being a  twenty-five-year veteran of the company. I mean, I’d done enough for Xerox that  unless I burned the building down they would never fire me. But that wasn’t the  issue. It’s about having ideas that are constantly squashed. So I said, ‘Enough  of this,’ and I left.”

He had a good many years at his new company, he said. It was an  extraordinarily creative place. He was part of decision-making at the highest  level. “Every employee from technician to manager was hot for the new, exciting  stuff,” he went on. “So, as far as buzz and daily environment, it was far and  away the most fun I’ve ever had.” But it wasn’t perfect. “I remember I called in  the head marketing guy and I said, ‘I want you to give me all the information  you can come up with on when people buy one of our products—what software do  they buy, what business are they in—so I can see the model of how people are  using the machines.’ He looked at me and said, ‘I have no idea about that.’ ” Where was the rigor? Then Starkweather had a scheme for hooking up a  high-resolution display to one of his new company’s computers. “I got it running  and brought it into management and said, ‘Why don’t we show this at the tech  expo in San Francisco? You’ll be able to rule the world.’ They said, ‘I don’t  know. We don’t have room for it.’ It was that sort of thing. It was like me  saying I’ve discovered a gold mine and you saying we can’t afford a shovel.”

He shrugged a little wearily. It was ever thus. The innovator says go. The  company says stop—and maybe the only lesson of the legend of Xerox PARC is that what happened there happens, in one way or another, everywhere.  By the way, the man who hired Gary Starkweather away to the company that  couldn’t afford a shovel? His name was Steve Jobs. ♦

 

 

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Wall Street shenanigans fuel public distrust

Robert Reich, © 2011 Robert Reich

Sunday, December 18, 2011

Wall Street is its own worst enemy. It should have welcomed new financial regulation as a means of restoring public trust. Instead, it’s busily shredding new regulations and making the public more distrustful than ever.

The Street’s biggest lobbying groups have just filed a lawsuit against the Commodities Futures Trading Commission, seeking to overturn its new rule limiting speculative trading in food, oil and other commodities.

 

The Street makes bundles from these bets, but they have raised costs for consumers. In other words, a small portion of what you and I pay for food and energy has been going into the pockets of Wall Street. Just another redistribution from the middle class and the poor to the top.

The Street argues that the commission’s cost-benefit analysis wasn’t adequate. At first blush, it’s a clever ploy. There’s no clear legal standard for an “adequate” weighing of costs and benefits of financial regulations, since both are so difficult to measure. And putting the question into the laps of federal judges gives the Street a huge tactical advantage because the Street has almost an infinite amount of money to hire so-called “experts” who will say benefits have been exaggerated and costs underestimated.

The Street used the same ploy last year, when the Securities and Exchange Commission tried to make it easier for shareholders to nominate company directors. Wall Street argued that the commission’s cost-benefit analysis was inadequate. Last July, a federal appeals court – inundated by Wall Street lawyers and hired-gun “experts” – agreed with the Street. So much for shareholder rights.

Obviously, government should weigh the costs against the benefits of anything it does.

But when it comes to regulating Wall Street, one big cost doesn’t make it into any individual weighing: the public’s mounting distrust of the entire economic system, generated by the Street’s repeated abuse of the public’s trust.

Wall Street’s shenanigans have convinced a large portion of America that the economic game is rigged.

Yet capitalism depends on trust. Without trust, people avoid even sensible economic risks. They also begin trading in gray markets and black markets. They think that if the big guys cheat in big ways, they might as well begin cheating in small ways. And when they think the game is rigged, they’re easy prey for political demagogues with fast tongues and dumb ideas.

Tally up these costs, and it’s a whopper.

Wall Street has blanketed America in a miasma of cynicism. Most Americans assume the reason the Street got its taxpayer-funded bailout without strings in the first place was because of its political clout.

That must be why the banks didn’t have to renegotiate the mortgages of Americans – many of whom, because of the economic collapse brought on by the Street’s excesses, are still under water. Some are drowning.

And why taxpayers didn’t get equity in the banks we bailed out – as Warren Buffett got when he bailed out Goldman Sachs. So when the banks became profitable again, we didn’t get any of the upside gains. We just padded the downside losses.

And why most top Wall Street executives who were bailed out by taxpayers still have their jobs, have still avoided prosecution and are still making vast fortunes.

And why the Dodd-Frank financial reform act is filled with loopholes big enough for Wall Street executives and traders to drive their Ferraris through.

The cost of such cynicism has leached deep into America, finding expression in Tea Partiers and Occupiers and millions of others who think the people at the top have sold us out.

Every week, it seems, we learn something new about how Wall Street has screwed us.

Bloomberg News recently reported on huge, secret loans to Wall Street from the Fed during the crisis. In early 2009, after Citigroup tapped the Fed for almost $100 billion, the bank’s CEO called Citi’s first quarter the “best since 2007.” Is there another word for fraud?

In coming months and years, the American public will weigh the social costs and social benefits of Wall Street itself. And it wouldn’t surprise me if we decide the costs of the Street as it is far outweigh the benefits.

The biggest Wall Street banks are now bigger than they were before the financial crisis of 2008. Congress is now considering a bill to break them up and cap the size and leverage of all banks. Support for the Safe Banking Act, as it’s called, is growing.

The Street has only itself to blame.

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Bernie Sanders Explains Why Congress Fears Citizens United

Posted on Dec 16, 2011

By Bill Boyarsky

It took just 12 minutes and 29 seconds on the Senate floor for Sen. Bernie Sanders to expose the real power of corporate America over our elections. It should be a rallying cry for the embattled minority trying to clean up the system.

Sanders, one of two Independents in the Senate (along with Joe Lieberman), was speaking Dec. 8 on behalf of his proposed constitutional amendment that would overturn the U.S. Supreme Court’s devastating Citizens United decision, which permits corporations, unions and issue advocacy organizations to spend unlimited amounts of money from their own funds to support or oppose candidates.

As the nonpartisan campaign finance watchdog The Center for Responsive Politics said of Citizens United, it “has profoundly affected the nation’s political landscape” and resulted in “unprecedented political spending. Secret donors. New ways for unions and corporations to spend money on politics.”

With Barack Obama and the Republican presidential candidates collecting huge amounts of money and attention, Sanders focused instead on the Senate and the House, a real public service.

Noting that the six largest banks on Wall Street have assets equal to 65 percent of the national gross domestic product, he asked what happens in Congress “when an issue comes up and impacts Wall Street … to break up these huge banks and members walk up to the desk and have to decide [whether] to vote against it with full knowledge that if they vote against the interest of Wall Street that two weeks later there may be ads coming down into their state attacking them. Every member of the Senate, every member of the House, in the back of their minds, will be thinking … ‘If I cast a vote this way, if I take on the big money interest, am I going to be punished … will a huge amount of money be unleashed in my state?’ Every member knows this is true. It is not just taking on Wall Street, maybe it’s taking on the drug companies, maybe it’s taking on the private insurance companies, maybe it’s taking on the military-industrial complex. … You’re going to think twice about how you cast that vote.”

Sanders’ description is much more sophisticated than the conventional view of campaign reformers: contribution received, vote given. Perhaps there is no crime, but certainly the appearance of a quid pro quo. That’s bad and it happens all the time. But in the post Citizens United world, powerful special interests have a much greater ability to influence votes with the threat of massive electoral retaliation.

The retaliators are the many independent groups formed since the Supreme Court gave its blessing. They collect unlimited and undisclosed contributions and distribute them in unlimited amounts in the form of television and radio commercials, online propaganda, targeted get-out-the-vote drives, robo-phone calls, mailings, polling, fundraising and other political activities. The Center for Responsive Politics has documented a huge increase in contributions from these groups. Among them are American Crossroads, run by Republican and former adviser to President George W. Bush, Karl Rove, and the conservative Club for Growth Action, as well as smaller union and liberal funds.

They are swords hanging over the head of any lawmaker. A vote against a powerful industry—or, for that matter, a powerful union—will bring swift punishment from a secretive source ready to flood a district or a state in the next election campaign. The threat of being blindsided is always there. The lobbyist doesn’t have to verbalize it or even give the threatening look, an old tool of that trade. The lawmaker can just look around and note the absence of former colleagues defeated by one of these assaults.

I know how difficult it is to get people outraged about this subject. I was a member of the Los Angeles City Ethics Commission for five years, charged with enforcing the city’s campaign finance laws. Journalists and the public pretty much ignored our efforts and the elected officials in City Hall stymied us.

That’s why my first reaction to Sanders’ proposal was skeptical. Then, by chance, I happened to catch much of his speech on C-SPAN. I tracked it down on YouTube and saw the whole thing. It was a bright moment in a dreary year.

Sanders is not alone in his fight. The activist organization Public Citizen and other progressive groups are organizing, circulating petitions for a constitutional amendment overturning the Citizens United decision. The target date, Jan. 21, will be the second anniversary of the high court’s ruling.

The Los Angeles City Council supports the constitutional amendment. Another supporter, progressive activist Mark Green, said Occupy Wall Street should join in. He wrote in The Huffington Post, “Nothing could enhance American democracy more than if Occupy Wall Street helped enact the 28th Constitutional Amendment to end the pretense that corporations are people who speak with money. The 99% can stop the privatization of government.”

On Thursday night, I attended a meeting of eight people who were planning a Jan. 21 march. The group, earnestly talking in the living room of Dr. Andrew Leavenworth, reflected the hope and frustration felt by progressives. Frustration with President Obama for not keeping his promises and with the money-dominated political system. Hope that their demonstration and others around the country will spark a reform movement. To attract attention in media-heavy L.A., they will march from a Bank of America branch to the nearby Federal Building, carrying a coffin containing Uncle Sam and a copy of the Constitution to show the harm done by the Citizens United decision.

Americans who want a cleaner politics should join in outrage with those working to scrub our political system. As Sanders said in his speech, “Make no mistake. The Citizens United ruling has radically changed the nature of our democracy, further tilting the balance of power toward the rich and the powerful at a time when already the wealthiest people in this country have never had it so good.”

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L.A. calls for end to ‘corporate personhood’

At a packed City Council meeting that included remarks from a man in a top hat with fake money tucked in the pocket of his suit, Los Angeles lawmakers Tuesday called for more regulations on how much corporations can spend on political campaigns.

The vote in support of state and federal legislation that would end so-called “corporate personhood” is largely symbolic. But activist Mary Beth Fielder, who spoke in favor of the resolution, called it “a symbol that’s going to be heard around the world.”

The council resolution includes support for a constitutional amendment that would assert that corporations are not entitled to constitutional rights, and that spending money is not a form of free speech.

City Council President Eric Garcetti, the resolution’s sponsor, said such actions are necessary because “big special interest money” is behind much of the gridlock in Washington.

He blamed a 2010 U.S. Supreme Court decision, Citizens United vs. the Federal Election Commission, which rolled back legal restrictions on corporate spending on the grounds that political speech by a business entity should receive the same 1st Amendment protections that people do. It allows corporations and other groups to spend unlimited money on behalf of candidates, although limits on how much they can contribute directly to candidates remain.“The flood of money since Citizens United is literally drowning out our voices,” said Garcetti, who is running for mayor in 2013. “If we’re going to be moving forward in this country, we need less special interest money in the political process.”

Councilman Richard Alarcon, who also supported the resolution, said corporations are “trying to take over every aspect of our lives.”

“Corporations are at the wheel of America,” Alarcon said. “And they are driving us to destruction.”

Corporations, of course, are frequent contributors in Los Angeles elections, and each of the council members who spoke in favor of the resolution have been the beneficiaries of such spending. Since 2007, for example, Alarcon has received nearly $5,000 in campaign donations from three corporations and their political action committees: Clear Channel, Warner Bros. and Sony Pictures.

Around 100 people showed up to support the resolution, including members of Occupy L.A. There was only one dissenter, a man dressed in jest like the mogul from Monopoly. He was there to represent the wealthy, he said, before pleading with the council: “Please don’t vote for this.”

For the record, 3:36 p.m. Dec. 7: A previous version of this post referred to Mary Beth Fielder, who spoke in favor of the  resolution, as an anti-corporate activist. Fielder says she is not anti-corporate, simply against corporations having undue influence in politics.

December  6, 2011 LA Times

 

 

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Corporate Personhood Debate, Tortured Reasoning In Tow, Heads Back To Supreme Court

First Posted: 12/15/11 12:53 PM ET Updated: 12/15/11 01:25 PM ET

This article is in collaboration with The Dylan Ratigan Show’s “Mad As Hell” series.

WASHINGTON — A multinational oil company will be coming to the Supreme Court this winter to argue that corporations are not “natural persons” and therefore cannot be held liable for committing international human rights violations such as torture, extrajudicial killings and crimes against humanity.

The case, Kiobel v. Royal Dutch Petroleum, began far from Washington in the Ogoni region of the Niger Delta. About a dozen Nigerians contend that Shell Oil’s parent company aided and abetted the Nigerian government in its violent suppression of environmental and human rights protesters resisting Shell’s operations there in the 1990s. In September 2010, the U.S. Court of Appeals for the 2nd Circuit accepted the oil company’s argument that as a corporation it’s immune from being sued in the United States for the overseas conduct. Since then, three other appeals courts, looking at the same law, have held otherwise — in cases brought against Exxon, Firestone and Rio Tinto for similar alleged atrocities.

At first blush, the idea that corporations are not people under the law sounds perplexing. Didn’t the Supreme Court decide almost two years ago in Citizens United v. Federal Election Commission that corporations have the same First Amendment right to fund political speech as natural persons? If consistency counts for anything, shouldn’t corporations take the same responsibility for their wrongdoings?

At least in theory, they do: Under Anglo-American law, corporations have long been considered legal persons subject to suit. But the 2nd Circuit in Kiobel held that this country’s history of corporate liability is irrelevant when it comes to a founding fathers-era statute that allows foreign nationals injured by “a violation of the law of nations” to sue in U.S. courts.

The Alien Tort Statute, passed by the first Congress in 1789, says the federal trial courts can hear any civil suit brought by a foreign national “for a tort only, committed in violation of the law of nations or a treaty of the United States.” But for two centuries, the ATS lay virtually dormant, its text ambiguous on which torts constitute those committed in violation of the law of nations and what types of defendants — individual, corporate, state — can be sued.

It was not until 2004, several decades after the emergence of ATS-related human rights litigation in the lower courts, that the Supreme Court clarified one ambiguity, holding that the ATS can only be invoked for violations of a “narrow class” of international norms that are as “specific, universal and obligatory” as those that existed when the statute was written. The Court gave as examples of those long-recognized abuses the “violation of safe conducts, infringement of the rights of ambassadors, and piracy.” It suggested that torture and genocide clear that high bar, but ruled that arbitrary arrest and detention do not.

In a footnote to that same decision, Sosa v. Alvarez-Machain, the Court noted, but did not answer, the question of whether “international law extends the scope of liability … if the defendant is a private actor such as a corporation or individual.”

Now that issue is before the justices. Problem is, the Sosa footnote is nearly all they have from their own decisions to work with — that and a throwaway line in a 1989 case acknowledging that the ATS “by its terms does not distinguish among classes of defendants.”

What the justices have instead are the sharply divided opinions from the lower courts — to which the Court owes no deference — and their own policy preferences. In essence, the justices will be making new law no matter how they rule.

Moreover, the appeals courts’ reasoning show how one looking glass can present two opposing realities, with three of the four panels that took on the issue fracturing along the liberal-conservative divide.

Refracting the ATS through the high court’s Sosa decision, the 2nd Circuit majority asked whether there was a “customary international law norm” of corporate liability and found none. Senior Judge Pierre Leval, a Clinton appointee, dissented, arguing that the inquiry in Sosa into customary international law pertained to violations, not violators. Leval, like the subsequent majorities in three other appeals courts, held that “international law generally takes no position” on corporate liability and “leaves that question to each nation to resolve.”

“The United States, through the ATS, has opted to impose civil compensatory liability on violators and draws no distinction in its laws between violators who are natural persons and corporations,” Leval concluded.

In a decision this past July, the D.C. Circuit came to a mirror-image conclusion. Its two-judge majority agreed with Judge Leval. Dissenting Judge Brett Kavanaugh, a former clerk to Justice Anthony Kennedy and a George W. Bush appointee whose opinions hold some influence among the Court’s conservatives, endorsed the 2nd Circuit majority’s test.

“It would be quite odd for a U.S. court to allow a customary international law-based ATS claim against a corporation when no international tribunal has allowed a customary international law claim against a corporation,” wrote Kavanaugh.

Kiobel has so far flown under the radar in a term stacked with cases on the hottest political topics of the 2012 election cycle. In a sense, the posture of Kiobel resembles the health care cases, which also come with a 3-1 circuit court split in favor of the more typically “liberal” position. Unlike the long history of the Court’s commerce-clause case law relevant to the health care debate, however, there is paltry ATS precedent to check the justices’ political prejudices, be they for big business or international human rights.

Should the Court break down on ideological lines with a narrow right-wing majority limiting ATS defendants to natural persons, no casual observer will be able to avoid the conclusion, rightly or wrongly, that the Court’s conservatives are eager to grant corporations powerful political rights while exempting them from the consequences of their most egregious behavior. Sure, such a divergence could be explained by pointing to distinctions between the First Amendment and a law that fuses federal and international tort law. But a decision for Shell Oil would still send the crude message that the Court believes corporate coffers are better spent influencing elections than compensating torture victims.

 

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Moyers: Why ‘We The People’ Must Triumph Over Corporate Power

By Bill Moyers, Berrett-Koehler
Publishers
Posted on December 11, 2011, Printed on December 12,
2011
(Editor’s note: The following is the foreword to Corporations Are Not
People: Why They Have More Rights Than You Do and What You Can Do About
It,
by Jeffrey Clements, a new book from
Berrett-Koehler Publishers.)

Rarely have so few imposed such damage on so many. When five conservative
members of the Supreme Court handed for-profit corporations the right to
secretly flood political campaigns with tidal waves of cash on the eve of an
election, they moved America closer to outright plutocracy, where political
power derived from wealth is devoted to the protection of wealth. It is now
official: Just as they have adorned our athletic stadiums and multiple places of
public assembly with their logos, corporations can officially put their brand on
the government of the United States as well as the executive, legislative, and
judicial branches of the fifty states.

The decision in Citizens United v. Federal Election Commission
giving “artificial entities” the same rights of “free speech” as living,
breathing human beings will likely prove as infamous as the Dred Scott
ruling of 1857 that opened the unsettled territories of the United States
to slavery whether future inhabitants wanted it or not. It took a civil war and
another hundred years of enforced segregation and deprivation before the effects
of that ruling were finally exorcised from our laws. God spare us civil strife
over the pernicious consequences of Citizens United, but unless
citizens stand their ground, America will divide even more swiftly into winners
and losers with little pity for the latter. Citizens United is but the
latest battle in the class war waged for thirty years from the top down by the
corporate and political right. Instead of creating a fair and level playing
field for all, government would become the agent of the powerful and privileged.
Public institutions, laws, and regulations, as well as the ideas, norms, and
beliefs that aimed to protect the common good and helped create America’s iconic
middle class, would become increasingly vulnerable. The Nobel Laureate economist
Robert Solow succinctly summed up the results: “The redistribution of wealth in
favor of the wealthy and of power in favor of the powerful.” In the wake of
Citizens United, popular resistance is all that can prevent the richest
economic interests in the country from buying the democratic process lock,
stock, and barrel.
America has a long record of conflict with corporations. Wealth acquired
under capitalism is in and of itself no enemy to democracy, but wealth armed
with political power — power to choke off opportunities for others to rise,
power to subvert public purposes and deny public needs — is a proven danger to
the “general welfare” proclaimed in the Preamble to the Constitution as one of
the justifications for America’s existence.
In its founding era, Alexander Hamilton created a financial system for our
infant republic that mixed subsidies, tariffs, and a central bank to establish a
viable economy and sound public credit. James Madison and Thomas Jefferson
warned Americans to beware of the political ambitions of that system’s
managerial class. Madison feared that the “spirit of speculation” would lead to
“a government operating by corrupt influence, substituting the motive of private
interest in place of public duty.” Jefferson hoped that “we shall crush in its
birth the aristocracy of our monied corporations which dare already to challenge
our government to a trial of strength and [to] bid defiance to the laws of our
country.” Radical ideas? Class warfare? The voters didn’t think so. In 1800,
they made Jefferson the third president and then reelected him, and in 1808 they
put Madison in the White House for the next eight years.
Andrew Jackson, the overwhelming people’s choice of 1828, vetoed the
rechartering of the Second Bank of the United States in the summer of 1832.
Twenty percent of its stock was government-owned; the rest was held by private
investors, some of them foreigners and all of them wealthy. Jackson argued that
the bank’s official connections and size gave it unfair advantages over local
competition. In his veto message, he said: “[This act] seems to be predicated on
the erroneous idea that the present stockholders have a prescriptive right not
only to the favor but to the bounty of Government. … It is to be regretted
that the rich and powerful too often bend the acts of government to their
selfish purposes.” Four months later, Jackson was easily reelected in a decisive
victory over plutocracy.
The predators roared back in the Gilded Age that followed the Civil War.
Corruption born of the lust for money produced what one historian described as
“the morals of a gashouse gang.” Judges, state legislators, the parties that
selected them and the editors who supported them were purchased as easily as ale
at the local pub. Lobbyists roamed the halls of Congress proffering gifts of
cash, railroad passes, and fancy entertainments. The U.S. Senate became a
“millionaires’ club.” With government on the auction block, the notion of the
“general welfare” wound up on the trash heap; grotesque inequality and poverty
festered under the gilding. Sound familiar?
Then came a judicial earthquake. In 1886, a conservative Supreme Court
conferred the divine gift of life on the Southern Pacific Railroad and by
extension to all other corporations. The railroad was declared to be a “person,”
protected by the recently enacted Fourteenth Amendment, which said that no
person should be deprived of “life, liberty or property without due process of
law.” Never mind that the amendment was enacted to protect the rights of freed
slaves who were now U.S. citizens. Never mind that a corporation possessed
neither a body to be kicked nor a soul to be damned (or saved!). The Court
decided that it had the same rights of “personhood” as a walking, talking
citizen and was entitled to enjoy every liberty protected by the Constitution
that flesh-and-blood individuals could claim, even though it did not share their
disadvantage of being mortal. It could move where it chose, buy any kind of
property it chose, and select its directors and stockholders from anywhere it
chose. Welcome to unregulated multinational conglomerates, although unforeseen
at the time. Welcome to tax shelters, at home and offshore, and to subsidies
galore, paid for by the taxes of unsuspecting working people. Corporations were
endowed with the rights of “personhood” but exempted from the responsibilities
of citizenship.
That’s the doctrine picked up and dusted off by the John Roberts Court in
its ruling on Citizens United. Ignoring a century of modifying
precedent, the court gave our corporate sovereigns a “sky’s the limit” right to
pour money into political campaigns for the purpose of influencing the outcome.
And to do so without public disclosure. We might as well say farewell to the
very idea of fair play. Farewell, too, to representative government “of, by, and
for the people.”
Unless.
Unless “We, the People” — flesh-and-blood humans, outraged at the selling
off of our government — fight back.
It’s been done before. As my friend and longtime colleague, the historian
Bernard Weisberger, wrote recently, the Supreme Court remained a procorporate
conservative fortress for the next fifty years after the Southern Pacific
decision. Decade after decade it struck down laws aimed to share power with the
citizenry and to promote “the general welfare.” In 1895, it declared
unconstitutional a measure providing for an income tax and gutted the Sherman
Antitrust Act by finding a loophole for a sugar trust. In 1905, it killed a New
York state law limiting working hours. In 1917, it did likewise to a prohibition
against child labor. In 1923, it wiped out another law that set minimum wages
for women. In 1935 and 1936, it struck down early New Deal recovery acts.
But in the face of such discouragement, embattled citizens refused to give
up. Into their hearts, wrote the progressive Kansas journalist William Allen
White, “had come a sense that their civilization needed recasting, that the
government had fallen into the hands of self-seekers, that a new relationship
should be established between the haves and the have-nots.” Not content merely
to wring their hands and cry “Woe is us,” everyday citizens researched the
issues, organized public events to educate their neighbors, held rallies, made
speeches, petitioned and canvassed, marched and exhorted. They would elect the
twentieth-century governments that restored “the general welfare” as a pillar of
American democracy, setting in place legally ordained minimum wages, maximum
working hours, child labor laws, workmen’s safety and compensation laws, pure
foods and safe drugs, Social Security and Medicare, and rules to promote
competitive rather than monopolistic financial and business markets.
The social contract that emerged from these victories is part and parcel of
the “general welfare” to which the Founders had dedicated our Constitution. The
corporate and political right seeks now to weaken and ultimately destroy it.
Thanks to their ideological kin on the Supreme Court, they can attack the social
contract using their abundant resources of wealth funneled — clandestinely —
into political campaigns. During the fall elections of 2010, the first after the
Citizens United decision, corporate front groups spent $126 million
while hiding the identities of the donors, according to the Sunlight Foundation.
The United States Chamber of Commerce, which touts itself as a “main street”
grass-roots organization, draws most of its funds from about a hundred
businesses, including such “main street” sources as BP, Exxon-Mobil, JPMorgan
Chase, Massey Coal, Pfizer, Shell, Aetna, and Alcoa. The ink was hardly dry on
the Citizens United decision when the Chamber organized a covertly
funded front and fired volley after volley of missiles, in the form of political
ads, into the 2010 campaigns, eventually spending approximately $75 million.
Another corporate cover group — the Americans Action Network — spent over $26
million of undisclosed corporate money in six Senate races and 28 House of
Representative elections. And “Crossroads GPS” seized on Citizens
United
to raise and spend at least $17 million that NBC News said came from
“a small circle of extremely wealthy Wall Street hedge fund and private equity
moguls,” all determined to water down the financial reforms designed to avoid a
collapse of the financial system that their own greed and reckless speculation
had helped bring on. As I write in the summer of 2011, the New York
Times
reports that efforts to thwart serious reforms are succeeding. The
populist editor Jim Hightower concludes that today’s proponents of corporate
plutocracy “have simply elevated money itself above votes, establishing cold,
hard cash as the real coin of political power. The more you spend on politics,
the bigger your voice is in government, making the vast vaults of billionaires
and corporations far superior to the voices of mere voters.”
Against such odds, discouragement comes easily. But if the generations
before us had given up, slaves would be waiting on our tables and picking our
crops, women would be turned back at the voting booths, and it would be a crime
for workers to organize. Like our forebears, we will not fix the broken promise
of America — the promise of “life, liberty, and the pursuit of happiness” for
all our citizens, not just the powerful and privileged — if we throw in the
proverbial towel. Surrendering to plutocracy is not an option. Confronting a
moment in our history that is much like the one Lincoln faced — when “we can
nobly save or meanly lose the last best hope on earth” — we must fight back
against the forces that are pouring dirty money into the political system,
turning it into a sewer.
How to fight back is the message of this book.
Jeffrey Clements saw corporate behavior up close during two stints as assistant
attorney general in Massachusetts, litigating against the tobacco industry,
enforcing fair trade practices, and leading more than one hundred attorneys and
staff responsible for consumer and environmental protection, antitrust
practices, and the oversight of health care, insurance, and financial services.
He came away from the experience repeating to himself this indelible truth:
“Corporations are not people.” Try it yourself: “Corporations are not people.”
Again: “Corporations are not people.” You are now ready to join what Clements
believes is the most promising way to counter Citizens United: a
campaign for a constitutional amendment affirming that free speech and democracy
are for people and that corporations are not people. Impossible? Not at all,
says Clements. We have already amended the Constitution twenty-seven times.
Amendment campaigns are how we have always made the promise of equality and
liberty more real. Difficult? Of course; as Frederick Douglass taught us, power
concedes nothing without a struggle. To contend with power, Clements and his
colleague John Bonifaz founded Free
Speech for People
, a nationwide nonpartisan effort to overturn Citizens
United
and corporate rights doctrines that unduly leverage corporate
economic power into political power. What Clements calls the People’s Rights
Amendment could be our best hope to save the “great American experiment.”
To find out why, read on, and as you read, keep in mind the words of
Theodore Roosevelt, a Republican, who a century ago stood up to the mighty
combines of wealth and power that were buying up our government and called on
Americans of all persuasions to join him in opposing the “naked robbery” of the
public’s trust:
It is not a partisan issue; it is more than a political issue; it is a
great moral issue. If we condone political theft, if we do not resent the kinds
of wrong and injustice that injuriously affect the whole nation, not merely our
democratic form of government but our civilization itself cannot
endure.
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And, We Have Gotten Used to It

By Dan Rather, Reader Supported News

28 November 11

Reader Supported News | Perspective

On November 22, Dan Rather received the Committee to Protect Journalists’ Burton Benjamin Memorial Award for 2011 at the Waldorf-Astoria in New York City. What follows is the speech he gave upon accepting the prestigious award. — JPS/RSN

One of Bud Benjamin’s dreams was to expand the CBS Evening News to a full hour. And Bud wasn’t thinking of filling it with helicopter shots, celebrity gossip and punditry. He imagined an entire hour brimming with investigative reporting, exposés and dispatches from around the world.

It was a different time in journalism. A time when professional duty was patriotic, and the freedom of the press motivated and inspired newsrooms. I know it is hard to believe – but it’s true – newsrooms were not supposed to turn a profit. Frankly, news was considered an acceptable loss on the balance sheet.

To keep our FCC license and the public trust, we had to use the public’s airwaves in the public interest. Yes, that’s a whole lot of “public.” But that’s the way it was. It’s the way it should be again.

Today, how we look and how we “present” information has become far more important than how we gather it. It’s upside down and backwards. And, the worst part is … we have gotten used to it.

The caretakers of the Fourth Estate have, at times, left the building unattended. Public interest be damned.

It was Thomas Jefferson who noted in 1799 that, “Our citizens may be deceived for awhile, and have been deceived; but as long as the presses can be protected, we may trust to them for light.”

Jefferson trusted the press – not to stir up heat, but to deliver insight.

Of course freedom of the press and of speech both come with pitfalls. People can peddle opinions as if they were facts. Those armed with the big, expensive megaphones drown out those blowing whistles.

But now, we see our fellow citizens taking to the streets. And, that my friends, is our cue to get back to work. As the People of our nation begin rising up, they expect the business of news to be about inquiry and accountability.

And, luckily for us, we can still do that … but it may not be within the confines of big corporate media. As you know, we are living in an age when big money owns everything … including the news.

That cash bought a lot of silence for a long time. Enough time for unchecked power to get this country tangled into messes all around the world. We all know that money talks. But, so do the people. They tire of conflicts at home and abroad … conflicts that avert our eyes from the corruption and callowness that does little more than spill our blood and misspend our treasure.

“We had fed the heart on fantasies,” wrote William Butler Yeats, “the heart’s grown brutal from the fare.”

In other words, we have gotten used to it.

What happens to a country when the press helps divide people into Us and Them? When it fans the flames of conflict and calls it reporting?

We need to restore, at some point, the teaching of the craft of journalism. The best way to protect journalists is to teach them how to do journalism and, therefore, protect themselves from becoming irrelevant.

I am reminded of the finest speech I ever heard on the subject of television journalism. It was given by Ed Murrow in 1958.

Murrow said, “This instrument can teach, it can illuminate; yes, and it can even inspire. But, it can do so only to the extent that humans are determined to use it to those ends … otherwise, it is merely wires and lights in a box.”

Dear friends, we must untangle the wires from the lights. We must halt the steady decline of broadcast journalism and the endless compromises to the boardroom.

Some say it is too late. That Congress wrote our epitaph in 1996 when they all came together and passed the Telecommunications Deregulation Act. Since then, the lights in a box have gotten brighter and flashier … but the truth dimmer and dimmer.

And … we have gotten used to it.

The late, great Molly Ivins used to tell a story about what happens when fear grips a country. Molly liked to tell the story about her late friend, the celebrated Texas civil libertarian John Henry Faulk, who, as a boy of six, went with his seven-year-old friend, Boots Cooper, to rid the family henhouse of a harmless chicken snake. From its high perch, the boys found themselves eyeball to eyeball with the snake.

Growing up in Texas, it’s not uncommon to see a chicken snake … but being close enough to spit in the snake’s eye must have been quite disconcerting.

As Molly would tell the story, the two boys ran out of the henhouse so fast they nearly tore off the henhouse door … not to mention doing damage to themselves in the process. When Faulk’s mother reminded the boys that chicken snakes are not dangerous, Boots Cooper responded, “Yes, ma’am, but some things will scare you so bad, you’ll hurt yourself.”

That is what we have been subject to as a country. We have been so afraid; so hell bent on destroying enemies … both foreign and domestic … we have hurt ourselves and our democracy.

You are probably asking yourself now what you should do.

Well, it may take courage.

There are so many wrongs to make right, it is going to get messier before it gets better.

  • We have to begin asking the hard questions once again.
  • We have to demand and earn back the respect that gave us the right to ask them.
  • We must protect whistleblowers by using our megaphones to make their risky admissions even louder.
  • We must demand access to all those risking their lives to challenge power.
  • We must refuse to simply read press releases and rely on official sources.
  • And we must begin to enforce our own professional code of ethics. Refuse to compromise. Going along to get along is getting us nowhere.

Tonight, if I can convince you of anything, it is to buck the current system. Remember anew that you are a public servant and your business is protecting the public from harm. Even if those doing harm also pay your salary.

To once again quote Ed Murrow, “There is a great and perhaps decisive battle to be fought against ignorance, intolerance and indifference … this weapon of television could be useful.”

And wouldn’t it be great if our country could get used to that.

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