Showing posts with label Corporations. Show all posts
Showing posts with label Corporations. Show all posts
Wednesday, May 19, 2010
TUCK IN YOUR SHIRT APPROPRIATELY--OR FIND ANOTHER JOB
By : Mr. Ronald F. Daggett, Assistant Deputy Vice President for Human Resources, The Cockland Group LLC, an Investment House specializing in service to the mortgage industry.
Cockland Group LLC is growing at a rapid pace. Since our founding in 2003, we have secured firm accounts with the Nation's largest mortgage sellers, including HSBC, Citigroup and Coldwell Banker. Our commitment to Absolute Client Satisfaction (ACS)™ is unparalleled. Our earnings have steadily risen in every consecutive quarter since our founding, even during some of the most challenging economic times in our Nation's history. We are proud of our accomplishments and we remain focused on our overriding goal: To deliver timely, effective, reasonable mortgage reinvestment services across the entire financial industry.
We could not have achieved these results without you, our employees. Here at Cockland management, we salute your dedication, hard work and passion for mortgage reinvestment services. At Cockland, it is not just about mortgages. It is about people™. Our people are the best. We know you know that, too. And we are thankful that you share our zeal for boundless client satisfaction. Because when great people serve great clients, everyone wins™.
We owe our success to our unique corporate culture. Cockland drives hard and plays hard. When we enter a market, we aim to penetrate and win. But when we relax, we relax with the same fervor we display when servicing an account. Cockland employees know how to please clients. And that is why clients keep coming back for more. Cockland delivers solid performance: Any time, anywhere--and for the best price™.
Nonetheless, not everyone can be a Cockland employee. We expect the best and we demand a lot. Sometimes it is difficult to overcome stiff competition in the mortgage client service market. We do not tolerate droopers or flaccid account service. Only the firmest survive at Cockland. Our employees don't back down. They stay on top of accounts until they are closed. Cockland employees are not timid. When we service accounts, we never pull out. We do not stop until our clients are completely satisfied™.
We also demand complete devotion to The Cockland Mission (TCM)™ (see employee manual, Chapter 2 for details). Being part of a winning team means the ability to play your position and to cheerfully receive instructions. Knowing your job is only half the battle; the other half is knowing how you fit on the ball club.
Attire is an important part of Cockland's success. Since our founding, we have insisted that every team member in the Cockland family wear either a white or blue button-down shirt at work. Button-down shirts show good taste and respect for client expectations. Clients in the mortgage industry wear button-down shirts. Typically, those shirts are white or blue. It only makes sense that we--as dedicated client service professionals--mirror their expectations. That is why we have always required our employees to wear white or blue button-down shirts. Sometimes conventions are essential. And this is one such instance.
Button-down shirts are vital to Cockland's special place in the mortgage service market. Yet the company has never endorsed an official policy expressing unconditional support for button-down shirts. We believe we have a duty as a company to reverse that trend. It is time for Cockland to recognize button-down shirts. And it is time for Cockland to make button-down shirts mandatory for all employees at the company. It is time to formalize.
From this day forward, every Cockland employee will be required to wear only blue or white button-down shirts while on company business. We refuse to acknowledge any exceptions to this policy. Every Cockland employee must certify that he or she will comply with this policy. He or she must further certify that failure to comply will result in immediate disciplinary action, up to and including docked pay and termination. Cockland must preserve its team spirit. And it must also maintain its winning attire-related traditions. That is why we hereby officially make blue and white button-down shirts a core element of Cockland culture. If Cockland employees cannot accept this, they can find employment elsewhere.
But this does not end Cockland's determination to inculcate attire discipline. In addition to requiring all Cockland employees to wear white or blue button-down shirts, all employees must also appropriately tuck their shirts into their pants.
Without appropriate tucking, blue and white button-down shirts mean nothing. Only a tucked-in button-down shirt can accomplish the goals Cockland expects. A tucked-in button-down shirt is absolutely vital to continued employment at Cockland. Inappropriately tucked and untucked button-down shirts reveal an inattention to personal excellence that is fundamentally inconsistent with Cockland's overriding commitment to unparalleled mortgage service. Our clients tuck in their shirts. All people worth anything in the world tuck in their shirts, too.
It would contravene our most basic company values to tolerate anything less than fully tucked-in shirts among our employees. For that reason, Cockland hereby requires all employees to certify not only that they will wear a blue or white button-down shirt every day at work, but that they will also appropriately tuck in their shirts. Failure to tuck in a shirt will result in immediate disciplinary action, up to and including docked pay and termination. Additionally, inappropriately tucked-in shirts will lead to the same consequences. Cockland simply cannot risk disappointing its clients by allowing employees to appear without immaculately tucked-in blue or white button-down shirts.
We recognize that these policy changes may appear harsh. We also recognize that employees may be confused about what it means to "tuck in" a button-down shirt or to "appropriately" tuck in a button-down shirt. In fairness to our employees, we wish to clarify these matters.
First, a "tucked-in button down shirt" means any button-down shirt the shirttails of which rest against the upper thighs, yet which are concealed and circumscribed at the top by a belt and trousers. As such, if a shirttail at any time appears outside the pants, the shirt is considered "not tucked-in" and will accordingly subject the offending employee to discipline.
Second, an "inappropriately tucked-in button down shirt" means a tucked-in button down shirt the tucking of which is not appropriate. "Appropriate tucking," in turn, means a tuck that does not result in ruffles, creases or otherwise slovenly shirt characteristics above the beltline. A tuck is only appropriate when the shirttails remain at all times below the beltline without bulging out, creasing or otherwise creating an unsavory appearance. The mere fact that an employee experiences "inappropriate tucking" because he or she sat down at a desk for too long does not cure the offense. An inappropriate tuck is an inappropriate tuck. Our clients expect the best from Cockland; and they do not forgive inappropriate tucking.
Neither do we. Inappropriately tucked-in button-down shirts will immediately subject the offending employee to discipline, up to an including docked pay and termination. We realize that compliance with appropriate tucking requirements may at times prove difficult. For that reason, management has decided to allow employees to cure inappropriate tucking by expeditiously removing all inappropriateness from their tucking within 30 seconds after discovering that their button-down shirts are inappropriately tucked. We believe that this rule both fairly allows for conscientious compliance at the same time it justly punishes flagrantly inappropriate tucking.
Cockland management is determined to realize excellence in all employee endeavors. That is why it has decided to implement these new rules concerning mandatory button-down shirt wearing and appropriate tucking effective immediately. Details may be found in the employee manual, Chapter 45, subsection 7(b).
Anyone who is anyone wears a blue or white button-down shirt every day. And anyone who is anyone appropriately tucks that shirt in; or at least corrects inappropriate tucking the moment it appears. At Cockland, we are committed to bringing maximal satisfaction to everyone who is anyone. That is why we must lead by example. That is why we must tuck in our shirts--appropriately.
If you don't like the rule, you shouldn't be on this team. So tuck in your shirt and start penetrating those accounts like a real Cocklander.
Tuesday, May 4, 2010
THE HEIGHT OF DISINGENUOUSNESS : INVESTMENT BANKS "MAKING A DIFFERENCE"
OESTERHOUDT STRIKES
Last week, I took a walk in Brooklyn. As I made my way up Tillary Street past Flatbush Avenue, I noticed an incredible commercial message from Charles Schwab adorning a bus stop: "We want to make a difference, not just a buck. Let's make a difference together."
I beg your pardon? Do investment houses really care about making anything more than a buck? Why do people invest money in the first place? To turn one buck into two or more bucks. It's all about making bucks. If investing makes any "difference," it's a differential between the amount invested and the amount returned. And everyone wants that differential to be positive.
But let's leave investors aside for a moment. Let's focus on the institutional guys. You know, the investment bankers who craft bewildering "portfolios" designed to churn fees and hopefully yield a nifty profit for the client. Now, an investment banker exists to do two things: (1) To maximize the monetary return on a client's investment; and (2) To maximize his own fees by selecting appropriate transactions. To be blunt, it is all about money. In fact, investment bankers are more than mere employees; they are fiduciaries. They must subordinate their own interests to their clients' interests. They can even be sued for failing to make enough money, because that shows "they did not sufficiently have their clients interests at heart."
In that light, it is preposterous for Charles Schwab to suggest that investment bankers care about anything more than "making a buck." If they cared about anything else--like "making a difference"--they would lose their jobs, clients and everything else they value.
And what does "making a difference" really mean? Have investment houses suddenly lost their collective minds? Do they want to open soup kitchens or something? Do they want to build houses for the homeless? How about pay for health care for indigents? Is that the kind of "social difference" they want to make? The phrase "making a difference" implies broader service to the public, or even ethical purity. It rings with selfless nobility. Yet such things are completely antithetical to an investment house's primary mission: To make profits for themselves and their private clients. There is nothing "public" or "noble" about that enterprise.
Recent stock market scandals only weaken Charles Schwab's pitiful attempt to appear altruistic. Did Lehman Bros. care about "making a difference" when they lured investors into placing money on a housing market they bet would fail? The bottom line is that people expect investment bankers to engage in dirty dealing. It is par for the course. Worse, most investors would prefer their bankers to engage in the most barely legal conduct possible so long as that conduct yields a maximal return. That is what it means to "make a buck," not "a difference."
Commerce is about making bucks, not a difference. That is just the way it works. And it is the height of disingenuousness for anyone to suggest otherwise, let alone massive investment banks that personify the commercial spirit. If investment banks choose to "make a difference," chances are they do so in order to gain tax advantages, not to soothe their conscience.
Put thematically, the clash between "making a buck" and "making a difference" is a clash between commerce and ethics. It is also a clash between ends and means. Commerce is about ends; ethics is about means. A commercial man only cares about the bottom line, no matter how he gets there (provided he does not risk criminal sanction). An ethical man cares about the way he achieves his goal. When a person commits to making bucks, he has a distinctly result-oriented motive. But when a person wishes to make a difference in the ethical sense, he is as much concerned about the way he brings about positive change as he is concerned about the change itself.
In commerce, means are secondary. Investment houses like Charles Schwab know that. If it suddenly adopted "making a difference" as its primary business model, its clients would leave in droves. And the company's shareholders would angrily vote off the "insane" directors who approved such an idiotic way to do business. In their place, the shareholders would quickly appoint directors with a more sensible business model, namely: "Making a buck."
And the new directors would immediately yank those ridiculous posters from the bus stops.
Hey, at least they would be honest.
Last week, I took a walk in Brooklyn. As I made my way up Tillary Street past Flatbush Avenue, I noticed an incredible commercial message from Charles Schwab adorning a bus stop: "We want to make a difference, not just a buck. Let's make a difference together."
I beg your pardon? Do investment houses really care about making anything more than a buck? Why do people invest money in the first place? To turn one buck into two or more bucks. It's all about making bucks. If investing makes any "difference," it's a differential between the amount invested and the amount returned. And everyone wants that differential to be positive.
But let's leave investors aside for a moment. Let's focus on the institutional guys. You know, the investment bankers who craft bewildering "portfolios" designed to churn fees and hopefully yield a nifty profit for the client. Now, an investment banker exists to do two things: (1) To maximize the monetary return on a client's investment; and (2) To maximize his own fees by selecting appropriate transactions. To be blunt, it is all about money. In fact, investment bankers are more than mere employees; they are fiduciaries. They must subordinate their own interests to their clients' interests. They can even be sued for failing to make enough money, because that shows "they did not sufficiently have their clients interests at heart."
In that light, it is preposterous for Charles Schwab to suggest that investment bankers care about anything more than "making a buck." If they cared about anything else--like "making a difference"--they would lose their jobs, clients and everything else they value.
And what does "making a difference" really mean? Have investment houses suddenly lost their collective minds? Do they want to open soup kitchens or something? Do they want to build houses for the homeless? How about pay for health care for indigents? Is that the kind of "social difference" they want to make? The phrase "making a difference" implies broader service to the public, or even ethical purity. It rings with selfless nobility. Yet such things are completely antithetical to an investment house's primary mission: To make profits for themselves and their private clients. There is nothing "public" or "noble" about that enterprise.
Recent stock market scandals only weaken Charles Schwab's pitiful attempt to appear altruistic. Did Lehman Bros. care about "making a difference" when they lured investors into placing money on a housing market they bet would fail? The bottom line is that people expect investment bankers to engage in dirty dealing. It is par for the course. Worse, most investors would prefer their bankers to engage in the most barely legal conduct possible so long as that conduct yields a maximal return. That is what it means to "make a buck," not "a difference."
Commerce is about making bucks, not a difference. That is just the way it works. And it is the height of disingenuousness for anyone to suggest otherwise, let alone massive investment banks that personify the commercial spirit. If investment banks choose to "make a difference," chances are they do so in order to gain tax advantages, not to soothe their conscience.
Put thematically, the clash between "making a buck" and "making a difference" is a clash between commerce and ethics. It is also a clash between ends and means. Commerce is about ends; ethics is about means. A commercial man only cares about the bottom line, no matter how he gets there (provided he does not risk criminal sanction). An ethical man cares about the way he achieves his goal. When a person commits to making bucks, he has a distinctly result-oriented motive. But when a person wishes to make a difference in the ethical sense, he is as much concerned about the way he brings about positive change as he is concerned about the change itself.
In commerce, means are secondary. Investment houses like Charles Schwab know that. If it suddenly adopted "making a difference" as its primary business model, its clients would leave in droves. And the company's shareholders would angrily vote off the "insane" directors who approved such an idiotic way to do business. In their place, the shareholders would quickly appoint directors with a more sensible business model, namely: "Making a buck."
And the new directors would immediately yank those ridiculous posters from the bus stops.
Hey, at least they would be honest.
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Thursday, April 22, 2010
YOU'RE NOT SUPPOSED TO BE SATISFIED WITH YOUR JOB : A RESPONSE TO MALCOLM GLADWELL
AN ESSAY
In Outliers, Malcolm Gladwell analyzes "successful" lives in the United States. In large part, he focuses on work: What draws "successful" people to their work, and why do they enjoy it? In broad outline, he asserts that "satisfaction with work" involves three distinct criteria: (1) Autonomy: You must have control over what you do; (2) Complexity : Your work must involve fresh mental challenges, not mind-numbing repetition; and (3) Connection between Effort and Reward : You must receive compensation in an amount that fairly correlates with the amount of effort you believe you have expended. Gladwell says that all three criteria must be present for a person to "enjoy their job."
I agree with Gladwell that people who have autonomy in their working lives "enjoy" their work far more than people who receive condescending orders all day in a suffocating corporate hierarchy. I also agree that people who face fresh new tasks every day enjoy their jobs more because they do not burn themselves out endlessly doing the same thing day after day. And I agree that people who get paid what they think they deserve obviously feel better about working than people who receive virtually nothing for ceaseless effort.
But who the hell fulfills any of these criteria at a typical American job, let alone all three? Gladwell's formula might be accurate, but it is essentially inapplicable: In America, our employment system is not designed to grant autonomy, complexity or fair rewards. To the contrary, it is designed to suppress autonomy, eliminate complexity and pay the least for the most effort. This is the sad truth. And it is no one individual's fault: It is the fault of private capitalism and its tendency to instrumentalize human beings for private profit. And this is also why no one is really "happy" at their job, at least under the Gladwell criteria.
Gladwell's criteria are antithetical to a private employment system committed to corporate profit. In America, most working people are corporate employees. That means that they serve an incorporeal legal entity that is, in turn, established to enrich those who own it. As such, they are mere pawns in a vast machine that is not working for them; it is working for the shareholders. Indeed, they are not just practically working for the shareholders. They are legally bound to act in their interest. Corporate employees are "fiduciaries." That means they must set aside their own personal interests to serve the corporation. If they put their interests first, they could face a lawsuit for "breach of loyalty."
In this environment, "autonomy" is anathema: Corporate employees must know their place in the hierarchy. They do not control their working lives. They receive orders from supervisors, branch office managers and other "higher-ups." They do as they're told, not as they want. While they might have "illusory" autonomy over a few meager peons in the mail room, in reality they are just pieces in a larger corporate jigsaw puzzle. They have no autonomy. They are instruments. In this light, it is impossible for the vast majority of American employees to meet the "autonomy" prong of Gladwell's analysis. As such, they cannot be "satisfied with their jobs."
Private capitalist employment systems also make "complexity" an impossible goal. In most corporate settings, employees exist for a single reason: To perform a discrete task calculated to maximize corporate earnings. Companies do not expect complicated thinking or novelty from their employees; they expect employees to learn their role and do it every day--forever. After all, companies operate under the so-called "profit principle." They expect a certain profit every month, and they hire employees to carry on the operations necessary to win that profit. If the employee deviates from his expected role, he threatens the profit margin. That is unacceptable. As such, employees cannot rightly insist on "complexity" in their jobs. That would contradict their purpose in the corporate scheme. They exist to do one thing: Process claims; answer phones; file papers; send mail; appear in court; put shoelace in shoe; hammer nails; the list goes on.
Employees are like machine parts. What good is a cog if it insists on being a wheel? Cogs must be cogs and nothing else. That is how our system works. And that is why it is impossible to achieve "complexity" in most American jobs. It would undermine the entire reason why employers hire people: To transform them into single-minded profit generators who do a simple task and no more.
Finally, our private capitalist system also heavily disfavors a "connection between effort and reward." Companies do not employ people to pay them what they think they deserve. Rather, companies exist to generate a particular profit level for their owners. To generate that profit level, managers must examine two factors: Income and expense. Employees are an expense. But they are necessary to generate income, too. Thus, employees represent a "profit balancing act" in the corporate scheme. They must be paid; but never so much that their salaries threaten the expected profit. Employee effort has nothing to do with it. It is all about numbers-crunching to satisfy the shareholders. While a happy employee would certainly like to get money commensurate with his long hours, employee satisfaction is not the goal. Employers don't care whether their employees think they are getting a fair deal. They don't care whether employees feel that they are getting comparatively nothing for their effort. None of that matters. Only the profit margin matters. In that light, almost no American employees--or any employees in a strictly capitalist system--can insist on a "just" connection between their effort and reward. After all, it is not about them. It is about the shareholders.
Considering all these things, it is no wonder that almost no one "likes their job" in the United States. Those who say they like their job are probably just being dishonest with themselves. Perhaps they meet one factor from Gladwell's test and mistake it for true happiness. Maybe they get to perform a novel new task every Thursday and now think their work is "complex." Maybe they have a few college students to supervise and now think they have "autonomy." Or maybe they got a $500 Christmas bonus for working 2500 hours last year, and now think they have a fair "connection between effort and reward." Yet these are all illusory "achievements." They do not change the system. The employee remains firmly under the corporation's control. And he remains instrumentalized: He exists solely to generate profit in exchange for the smallest paycheck possible in the circumstances.
Some will say I am exaggerating how many people cannot meet Gladwell's test for "work happiness." Some will say that only certain job "classes" cannot achieve autonomy, complexity and just reward for effort. But I know from experience that so-called "better jobs" are no more satisfying than "lesser jobs" under Gladwell's standard.
I was a lawyer. People think that lawyers are all rich and have wonderful working lives. They are "professionals," so they must have autonomy. They are highly educated, so they must encounter interesting, new and "complex" work every day. And they obviously must make a lot of money from their effort.
Yet that was not the case: I was a pawn in our law office. I had virtually no autonomy. I had to follow instructions from senior lawyers and the firm's boss. I received harsh criticism and discipline for failing to know my place. I was reprimanded for suggesting novel ways to approach old problems. In short, I was low on the totem pole. I did not control my own destiny. And it felt really bad.
Neither was my work "complex." I did the same things every single day. I filed papers, I made phone calls, I met with clients. Then I consulted with my boss and we discussed how to make the most money from cases. True, the work involved technical expertise that I learned in law school. But it was all dismally formulaic. It was horribly boring and stressful at the same time. It was always the same. There were knee-jerk responses for every type of case. We even sent the same standard questions to opposing counsel in every case. The details may have changed from case to case. But the overall structure was gruelingly banal. There was no "complexity." To the contrary--and applying Gladwell's contrasting term--it was "mind-numbing repetition."
And I certainly did not receive a reward to equal my effort. I made $50,000 a year in the law firm, without regard to the number of hours I worked. I was at my desk every morning before 8. I normally stayed in the office past 6:30 every evening. I even worked weekends. I brought work home. Yet no matter how much I worked or how much I won for the firm, I got the same lousy $50,000. To add insult to injury, I got a $50 bonus for Christmas after breaking my ass all year for more than 60 hours a week. My friend got nothing, so I guess that made me "lucky." In short, there was no connection between my effort and the reward I received.
I mention all this to show that every working person in America faces the same insuperable challenges. Lawyers and Fed Ex deliverymen grumble about the same thing. They are both dissatisfied with their work because they are instruments in the same private capitalist system. The same "profit principle" applies to them. And the "profit principle" does not exist to make workers happy; it exists to enrich owners. That is why Gladwell's test for "work happiness" is hopelessly utopian. Our system does not exist to grant workers autonomy, complexity or fair rewards. It strips away those things because they are inconsistent with the profit principle. If workers suddenly had autonomy, complexity and fair rewards, corporations would start losing money. That would be unacceptable.
In the end, it does not matter whether people are happy with their work. Sigmund Freud wrote in Civilization and its Discontents that human beings have a "natural aversion to work." Strachey, trans., p. 30, fn 5. Additionally, they can never achieve the autonomy, complexity and just rewards they seek from it. People not only just don't like work; they can't get any satisfaction from it once they begin it.
People aren't supposed to be satisfied with their work. Our system is not designed to satisfy workers. And it functions just fine without satisfying them. In fact, it would break down if it did. In that light, Gladwell's criteria for "work satisfaction" are all well and good. It's just that our system works strongly to ensure that no working person ever fulfills them.
No, the only people who enjoy autonomy, complexity and just rewards in their work are the wealthy owners, employers and entrepreneurs. These are the true capitalists. These are the men who instrumentalize others. These are the men who take home the profit after cutting the paychecks. They control their own destinies. They don't listen to anyone but themselves. They get to do different stuff every day. And they set their own salary. They get it all.
There just aren't that many of them. They don't want newcomers in their club, either. So they keep membership low. That leaves more goodies for them.
They might be miserable, wretched, contemptible, exploitive fuckers. But at least they fulfill Gladwell's factors. They are satisfied with their work. Hey, if you had a mountain of money, called all the shots, did whatever you wanted all day and paid yourself a mammoth salary, wouldn't you be satisfied with your work, too? You know you would.
But that's not you. So shut up, get back to your desk and await further instructions from your supervisor.
In Outliers, Malcolm Gladwell analyzes "successful" lives in the United States. In large part, he focuses on work: What draws "successful" people to their work, and why do they enjoy it? In broad outline, he asserts that "satisfaction with work" involves three distinct criteria: (1) Autonomy: You must have control over what you do; (2) Complexity : Your work must involve fresh mental challenges, not mind-numbing repetition; and (3) Connection between Effort and Reward : You must receive compensation in an amount that fairly correlates with the amount of effort you believe you have expended. Gladwell says that all three criteria must be present for a person to "enjoy their job."
I agree with Gladwell that people who have autonomy in their working lives "enjoy" their work far more than people who receive condescending orders all day in a suffocating corporate hierarchy. I also agree that people who face fresh new tasks every day enjoy their jobs more because they do not burn themselves out endlessly doing the same thing day after day. And I agree that people who get paid what they think they deserve obviously feel better about working than people who receive virtually nothing for ceaseless effort.
But who the hell fulfills any of these criteria at a typical American job, let alone all three? Gladwell's formula might be accurate, but it is essentially inapplicable: In America, our employment system is not designed to grant autonomy, complexity or fair rewards. To the contrary, it is designed to suppress autonomy, eliminate complexity and pay the least for the most effort. This is the sad truth. And it is no one individual's fault: It is the fault of private capitalism and its tendency to instrumentalize human beings for private profit. And this is also why no one is really "happy" at their job, at least under the Gladwell criteria.
Gladwell's criteria are antithetical to a private employment system committed to corporate profit. In America, most working people are corporate employees. That means that they serve an incorporeal legal entity that is, in turn, established to enrich those who own it. As such, they are mere pawns in a vast machine that is not working for them; it is working for the shareholders. Indeed, they are not just practically working for the shareholders. They are legally bound to act in their interest. Corporate employees are "fiduciaries." That means they must set aside their own personal interests to serve the corporation. If they put their interests first, they could face a lawsuit for "breach of loyalty."
In this environment, "autonomy" is anathema: Corporate employees must know their place in the hierarchy. They do not control their working lives. They receive orders from supervisors, branch office managers and other "higher-ups." They do as they're told, not as they want. While they might have "illusory" autonomy over a few meager peons in the mail room, in reality they are just pieces in a larger corporate jigsaw puzzle. They have no autonomy. They are instruments. In this light, it is impossible for the vast majority of American employees to meet the "autonomy" prong of Gladwell's analysis. As such, they cannot be "satisfied with their jobs."
Private capitalist employment systems also make "complexity" an impossible goal. In most corporate settings, employees exist for a single reason: To perform a discrete task calculated to maximize corporate earnings. Companies do not expect complicated thinking or novelty from their employees; they expect employees to learn their role and do it every day--forever. After all, companies operate under the so-called "profit principle." They expect a certain profit every month, and they hire employees to carry on the operations necessary to win that profit. If the employee deviates from his expected role, he threatens the profit margin. That is unacceptable. As such, employees cannot rightly insist on "complexity" in their jobs. That would contradict their purpose in the corporate scheme. They exist to do one thing: Process claims; answer phones; file papers; send mail; appear in court; put shoelace in shoe; hammer nails; the list goes on.
Employees are like machine parts. What good is a cog if it insists on being a wheel? Cogs must be cogs and nothing else. That is how our system works. And that is why it is impossible to achieve "complexity" in most American jobs. It would undermine the entire reason why employers hire people: To transform them into single-minded profit generators who do a simple task and no more.
Finally, our private capitalist system also heavily disfavors a "connection between effort and reward." Companies do not employ people to pay them what they think they deserve. Rather, companies exist to generate a particular profit level for their owners. To generate that profit level, managers must examine two factors: Income and expense. Employees are an expense. But they are necessary to generate income, too. Thus, employees represent a "profit balancing act" in the corporate scheme. They must be paid; but never so much that their salaries threaten the expected profit. Employee effort has nothing to do with it. It is all about numbers-crunching to satisfy the shareholders. While a happy employee would certainly like to get money commensurate with his long hours, employee satisfaction is not the goal. Employers don't care whether their employees think they are getting a fair deal. They don't care whether employees feel that they are getting comparatively nothing for their effort. None of that matters. Only the profit margin matters. In that light, almost no American employees--or any employees in a strictly capitalist system--can insist on a "just" connection between their effort and reward. After all, it is not about them. It is about the shareholders.
Considering all these things, it is no wonder that almost no one "likes their job" in the United States. Those who say they like their job are probably just being dishonest with themselves. Perhaps they meet one factor from Gladwell's test and mistake it for true happiness. Maybe they get to perform a novel new task every Thursday and now think their work is "complex." Maybe they have a few college students to supervise and now think they have "autonomy." Or maybe they got a $500 Christmas bonus for working 2500 hours last year, and now think they have a fair "connection between effort and reward." Yet these are all illusory "achievements." They do not change the system. The employee remains firmly under the corporation's control. And he remains instrumentalized: He exists solely to generate profit in exchange for the smallest paycheck possible in the circumstances.
Some will say I am exaggerating how many people cannot meet Gladwell's test for "work happiness." Some will say that only certain job "classes" cannot achieve autonomy, complexity and just reward for effort. But I know from experience that so-called "better jobs" are no more satisfying than "lesser jobs" under Gladwell's standard.
I was a lawyer. People think that lawyers are all rich and have wonderful working lives. They are "professionals," so they must have autonomy. They are highly educated, so they must encounter interesting, new and "complex" work every day. And they obviously must make a lot of money from their effort.
Yet that was not the case: I was a pawn in our law office. I had virtually no autonomy. I had to follow instructions from senior lawyers and the firm's boss. I received harsh criticism and discipline for failing to know my place. I was reprimanded for suggesting novel ways to approach old problems. In short, I was low on the totem pole. I did not control my own destiny. And it felt really bad.
Neither was my work "complex." I did the same things every single day. I filed papers, I made phone calls, I met with clients. Then I consulted with my boss and we discussed how to make the most money from cases. True, the work involved technical expertise that I learned in law school. But it was all dismally formulaic. It was horribly boring and stressful at the same time. It was always the same. There were knee-jerk responses for every type of case. We even sent the same standard questions to opposing counsel in every case. The details may have changed from case to case. But the overall structure was gruelingly banal. There was no "complexity." To the contrary--and applying Gladwell's contrasting term--it was "mind-numbing repetition."
And I certainly did not receive a reward to equal my effort. I made $50,000 a year in the law firm, without regard to the number of hours I worked. I was at my desk every morning before 8. I normally stayed in the office past 6:30 every evening. I even worked weekends. I brought work home. Yet no matter how much I worked or how much I won for the firm, I got the same lousy $50,000. To add insult to injury, I got a $50 bonus for Christmas after breaking my ass all year for more than 60 hours a week. My friend got nothing, so I guess that made me "lucky." In short, there was no connection between my effort and the reward I received.
I mention all this to show that every working person in America faces the same insuperable challenges. Lawyers and Fed Ex deliverymen grumble about the same thing. They are both dissatisfied with their work because they are instruments in the same private capitalist system. The same "profit principle" applies to them. And the "profit principle" does not exist to make workers happy; it exists to enrich owners. That is why Gladwell's test for "work happiness" is hopelessly utopian. Our system does not exist to grant workers autonomy, complexity or fair rewards. It strips away those things because they are inconsistent with the profit principle. If workers suddenly had autonomy, complexity and fair rewards, corporations would start losing money. That would be unacceptable.
In the end, it does not matter whether people are happy with their work. Sigmund Freud wrote in Civilization and its Discontents that human beings have a "natural aversion to work." Strachey, trans., p. 30, fn 5. Additionally, they can never achieve the autonomy, complexity and just rewards they seek from it. People not only just don't like work; they can't get any satisfaction from it once they begin it.
People aren't supposed to be satisfied with their work. Our system is not designed to satisfy workers. And it functions just fine without satisfying them. In fact, it would break down if it did. In that light, Gladwell's criteria for "work satisfaction" are all well and good. It's just that our system works strongly to ensure that no working person ever fulfills them.
No, the only people who enjoy autonomy, complexity and just rewards in their work are the wealthy owners, employers and entrepreneurs. These are the true capitalists. These are the men who instrumentalize others. These are the men who take home the profit after cutting the paychecks. They control their own destinies. They don't listen to anyone but themselves. They get to do different stuff every day. And they set their own salary. They get it all.
There just aren't that many of them. They don't want newcomers in their club, either. So they keep membership low. That leaves more goodies for them.
They might be miserable, wretched, contemptible, exploitive fuckers. But at least they fulfill Gladwell's factors. They are satisfied with their work. Hey, if you had a mountain of money, called all the shots, did whatever you wanted all day and paid yourself a mammoth salary, wouldn't you be satisfied with your work, too? You know you would.
But that's not you. So shut up, get back to your desk and await further instructions from your supervisor.
Wednesday, April 7, 2010
YOU ARE AN EXPENDABLE (AND EXPENSIVE) INSTRUMENT : THE UGLY TRUTH ABOUT JOBS IN AMERICA
THE MYTH OF EMPLOYMENT IN AMERICA
PART 2 - PRACTICAL REALITIES
During the 2008 presidential campaign, both Barack Obama and John McCain touted their plans to "create American jobs." No matter what subject they discussed--the environment, the military, the schools--they always related it to the "jobs question." The fact that they talked so much about jobs reveals just how much Americans love jobs. In 2008, Americans were certainly worried about jobs; unemployment was rising after the worldwide financial collapse. They wanted jobs. The candidates understood that. So they talked about jobs.
Since 2008, it has not gotten any easier to get a job in America. Unemployment steadily rose through 2009. Many people lucky enough to get a paycheck during this time got it from some "sub-level" job with no benefits and no entitlements. Americans started to panic about their economic futures on a scale not seen since the 1930s. Why? Because there were no jobs out there. No one was hiring. Skilled workers and professionals compromised; they took jobs with much lower pay and responsibilities than they deserved. That, in turn, left unskilled workers holding the bag. There simply were not enough jobs to go around.
Meanwhile, the old American rhetoric continued to churn: "You must have a job. Go to school to get a job. Learn in order to work at a company one day. You can even learn how to find a job by writing a good resume with the right kind of paper. You can learn how to interview properly, answer employer questions and wear the right suit to the meeting." Yet millions of Americans who followed the program did not get what they expected. Graduates who did everything right found themselves completely unable to land even an entry-level scrub job.
"What happened?" they said. "I got all the right grades, wore the right clothes, wrote the right resume on the right paper and answered the interview questions the way I was supposed to. And I didn't get the job?" Either that, or the employer just wasn't hiring in the first place.
Americans are rightly confused about why it is so difficult to get a job. After all, our history has somehow given rise to an expectation that everyone easily gets a job in this country. When we look back through history, it seems Americans have always been working. Europeans immigrated here to work. They built things. They worked in factories. They worked on farms. Later generations continued working. It was almost a matter of right. Historically, then, America has symbolized work: We provided work as inexhaustibly as our mighty lakes provided fish and our vast plains provided wheat. We were the great "Land of Opportunity." There was always something to do here; and we needed all the labor we could get.
Times have changed. But popular expectations have not. That is why Americans are confused about why it is so difficult to find a job these days. And that also explains why modern jobs are not as appetizing as they were in the past.
Americans simply do not understand how the modern free market system works. To understand why jobs are no longer so appetizing or available anymore, we must investigate how labor operates in the free market system. In essence, jobs are scarcer and more demeaning today than in the recent past because employees are little more than expendable instruments calculated to win profits for employers. At the same time, employee advocacy has fallen, while employer power has grown.
We can begin our investigation with two basic premises. First, people only engage in commercial activity for large profits. Second, jobs are contracts for labor offered by those who intend to use the worker's productive capacity to win larger profits. As such, they are not entitlements; they are private, discretionary relationships that may be terminated at any time. They are, so to speak, a "matter of grace" bestowed by those with enough money to pay.
These two premises lead to two basic conclusions. First, because people only engage in commercial activity for large profits, they offer employment to others on the implicit understanding that they will further their ultimate profit goals. That means that employees are only as good as their profit potential. If they do not further the ultimate profit goal, they are expendable. Second, because employment is a matter of grace, not right, employers assume a necessarily superior position over their employees. This results in a permanently unfair relationship in which one party takes almost all the benefit from the other's labor. All the while, he subjects the other party to ruthless control, discipline and indignity. When the laborer works, in other words, his time is not his. It belongs to the employer. And it all inures to the employer's benefit.
We can more closely understand these conclusions by focusing on the "profit premise." The "profit premise" is the best way to understand both why it is hard to get a job and why existing jobs are so precarious. The "profit premise" takes all the guesswork out of employment. It takes all the subtlety and uncertainty from the equation. Rather, it simplifies the inquiry to simple arithmetic: "Does this employee yield more profit to me than he costs me in expense?" Employees, after all, only have value to the extent that their labor vaults the employer toward greater profit. But the problem is that employees also represent an expense. It is impossible to have profit if expenses outweigh income. In that light, employees must "pull their weight." If they do not justify their cost in profit, they will be fired. And if the employer simply does not have enough money to "purchase" an employee in the first place, he will not hire anyone.
This explains why no one is hiring these days: Companies do not have enough money to spend on new employees. Private employers are usually corporations. Corporate officers, in turn, must answer to the shareholders. The shareholders want profits. If new employees mean threatening the existing profit level, corporate officer cannot spend money on new hires. If they did, they would disserve the corporation and undermine the very reason why people do business in the first place: To make money, not lose it. Corporations have no duty to the public; they only have a duty to deliver a constant profit stream to their owners. Corporations would actually violate their raison d'etre if they hired people as a "public service."
It helps to see the "hiring problem" in strictly economic terms. It demystifies the issues. From a job-seeker's perspective, it also makes life in the job market much easier to understand. After all, the "profit premise" makes all non-profit-related concerns irrelevant: It does not matter what clothes you wear to the interview. It does not matter what paper you use to print your resume. It does not even matter how smart you are or what school you attended. No, all those things mean nothing compared to the ultimate question: Does the employer have enough money to invest in your labor potential? If he does not--or he fears that your labor potential will not generate a suitably high profit level--you will not get the job. It does not matter how charming you are, or how good looking or even how qualified. All that means nothing next to the real issues: (1) Does the employer have enough money to gamble on you? and (2) Will the employer make a big profit on your labor?
In other words, your own talents and will have nothing to do with the employer's decision to hire you. If the economy is bad and the company is unwilling to threaten existing profit levels, you will not get a private sector job. End of story.
Understanding the "profit premise" also helps clarify why companies lay people off. Existing employees present a different question than new hires. Once a private business hires someone, a new relationship arises. The employer has new concerns. Before hiring, the question was whether the company had enough money to invest in another person's profit-creating potential. After hiring, the question is whether the employee is adequately productive. From this point, the employer takes on a more evaluative role. He investigates whether the employee is working "hard enough." He compares the profit generated with the amount he must pay the employee in wages. If the wages are greater than the profit--or if the profit is not sufficiently greater than the wages--the employer lays the employee off. He says there were "cost concerns." The investment did not pay off. So the employer cuts his losses and dismisses the employee. After all, it is voluntary relationship. And the employer can say "good bye" whenever he wants.
Of course, the above scenario assumes that the company has enough money to continue employing people. When the economy tumbles, or when the company suffers overall losses, it loses the ability to continue paying its existing employees. In that case, it does not matter how qualified or productive the employee may be. When continuing to pay wages threatens overall profit levels, employees get cut. That's the "profit premise" at work.
All these examples lead to a more abstract conclusion: Employment is a vastly unfair relationship. Having a "job" not only subjects the employee to ruthless economic appraisal under the employer's "profit principle." It also places him in an institutionally inferior position. Despite all social expectation to the contrary, employment is not a right in the United States. It is a matter of grace. This is significant because a "relationship of grace" is no equal relationship. Rather, only lords, Gods, sovereigns and those with greatly superior power bestow "grace." And only pathetic petitioners and sinful beggars seek grace from their acknowledged superiors.
Some may say that it is an exaggeration to call employment a "relationship of grace." But close analysis confirms it. In a "relationship of grace," a suppliant party seeks the benevolence of another party known to have strength, power and influence. The suppliant throws himself on the master's mercy in a plea for grace. One imagines a lowly feudal peasant begging his local lord for a loan, throwing himself at the lord's feet. Then the lord, with a condescendingly smug look on his face, extends his ring for the miserable peasant to kiss. Once the lord gives his grace, the peasant bursts into tears and thanks the lord for his benevolence. The lord can then count on the peasant's complete dedication in paying back his grace, even if he exacts a sum far higher in obligation than the sum he bestowed in grace.
Isn't this what happens in a modern employment relationship? Isn't this what job-seekers must do to win approval from their lordly potential employers? Don't they have to debase themselves and claw the floor and kiss rings? Don't they indebt themselves to the employer for his generous decision to throw them a few shekels? Isn't it just as pathetic and despicable as this?
No matter what "career experts" say, I cannot escape viewing the quest for private employment in these "feudal" terms. Landing a job requires more than a healthy economy and an employer who can afford to pay you. It also requires a subservient mindset and the willingness to sacrifice individual dignity for "grace," namely a paycheck. To win that grace, employees must kiss the symbolic ring every day. They must shlep to and from their jobs. They must stay awake. They must attend to meaningless tasks intended solely to enrich their employers. They must remain in an obedient position to receive commands for at least 8 hours a day. To add insult to indignity, they must bear all this so that their employer makes a bigger profit. And when they finally go home, they are both physically and spiritually drained. They have neither the strength nor the will to enjoy their own lives. Rather, they live for the employer. They live for their modern feudal lords.
Inwardly, employees thirst for their precious two days (or less) off. They yearn for time that belongs to them, not their lords. But is that not ironic? After all, they fought so hard to get their jobs. They bowed and scraped and sacrificed everything to get hired. Now, once they commit their waking lives to their employer's profit, they dream about the weekends. Is that not somehow disloyal to the lord they pledged to serve? Or at least "less than diligent?"
If you need proof for this proposition, just listen in on some honest employee chatter. Just note how often they mention what they plan to do next weekend or what they did last weekend.
So is this what it's all about? Are these the magical "jobs" everyone wants? Are these the symbols of our strength as a nation? Is this how we all should spend our lives? As expendable economic instruments to be cast away the moment we fail to justify our costs to our employers?
Perhaps it is. Then again, perhaps that is why there is so much unhappiness in our society. Perhaps the unending pressure to have a job stands at odds with what we want as individuals. Yet jobs always win; "what we want" always loses. And we can only ignore "what we want" for so long until we start feeling really, really bad about life.
Worse, what do we gain for all this unhappiness? A paycheck. Only the employer really wins. He doesn't care whether you're happy or sad. You are just a variable in the income/expense equation. You are a figment of the "profit principle," no more.
Thursday, March 18, 2010
REVERSE STEREOTYPING IN ADVERTISING : MORE INSULTING THAN REGULAR STEREOTYPING?
OESTERHOUDT STRIKES
Stereotypes fascinate me because everyone taught me to revile them. It is a dirty word. You are not supposed to stereotype anymore. But what is stereotyping, actually? It means making generalizations about particular people or things, then exaggerating those generalizations in a pejorative way.
Stereotypes are pernicious when applied to "disfavored" groups. They are even worse when a person in "superior social position" directs the stereotype against a person in an "inferior social position." In other words, it is "politically incorrect" for a wealthy white man in America (i.e., a person with a historically "superior social position") to stereotype against a poor black man (i.e, a person with a historically "inferior social position"). Yet when people in traditionally inferior social positions stereotype those in superior social positions, it is somehow more forgivable. After all, who gets up in arms when black comedians say all white people are awkward? No one: Because everyone knows that white people have historically enjoyed a "superior social position" over blacks in America. In this sense, stereotypes are objectionable only in context: They are "bad" only when directed downward from a superior social position against an inferior one.
Still, it is hard to talk about stereotypes without inviting anger. Even outside the racial context, stereotypes raise emotions because they depend on uncomfortable--and sometimes remotely true--assumptions about others. No one likes to be mocked for their intrinsic characteristics, even if their intrinsic characteristics are less than praiseworthy.
It is even difficult to analyze the stereotyper. Ten years ago, I angered the American government when I applied for a Federal scholarship to study the systematic way in which American media stereotypes Germans. I did not get the grant. Apparently, the Federal government did not want to fund a paper that would tell it how shortsighted, ignorant and simplistic most Americans are when thinking about Germany. At the time, I was disappointed I did not get my grant. But it taught me a valuable lesson: Neither the proponents nor the victims of stereotypes like talking about them.
Whether or not the Federal government chooses to recognize it, stereotypes are everywhere in this country. They surround us. We even buy into them without even knowing it. To start, it is hard to watch American movies without encountering some condescending racial, sexual or national caricature. Even in a sci-fi action movie like Transformers : Revenge of the Fallen, the "hip" robots have black voices and banter in ebonics. Most gay characters are pathetically effeminate, with the lisps, hair and flamboyance to match. And people from other countries? Forget it: Germans are merciless, icy, calculating, humorless villains (Schindler's List; Hellboy II). Italians are lusty, hairy, slicked-back tough Guidos who use big hand gestures and talk about their families all the time (Saturday Night Fever). Russians are crafty, suspicious tyrants with thick accents (Rambo III; Indiana Jones and the Kingdom of the Crystal Skull). The French are perfumed, well-dressed, snotty, red-lipped, arrogantly petulant metrosexuals with perfect hair who usually wind up buying baguettes or espresso at some point in the movie (The Matrix : Reloaded, Ronin)(Jean Reno is the default American choice for a Frenchman). The British are absurdly prim, polite, insistent on protocol, silly or villainous (The Patriot). Arabs are maniacal terrorists who wear turbans, shout "Allah, Ackbar!" and blow things up (True Lies). Asians are generally kung-fu-fighting, sword-wielding comic relief with funny accents (any Jackie Chan movie).
Of course, not all American movies support racial, sexual and national stereotypes. There are exceptions in every category. But the fact that so many mainstream films thrive on stereotypes means something. It means that America has an appetite for them. They like laughing at smooth-talking black robots and silly gay men. They expect Italians to be gangsters and Germans to be killers. After all, stereotypes are easy to grasp. They distance "us" from "them." They allow "us" to feel secure in our identities by condescending toward the way "they" speak, act and move. Stereotypes unite through ignorance.
Hollywood films are not the only medium that supports rank stereotypes in the United States. Even so-called "neutral" news networks reinforce racial and national generalizations. Whenever news agencies report on street crime, they usually point out that the suspect is a "black male," or they just show his face onscreen: Just another scary-looking black guy with unkempt facial hair. Whenever news agencies report about China or Russia, they usually make ominous comments about sinister motivations and repressive governments. And when they report about destitute Third World countries, typically they focus on some ridiculous sideshow, like peasants cooking dirt shavings or worshipping a river bank.
In short, Americans get their stereotypes from multiple sources. Stereotypes help them order their world. They help them remember who "they" are. Yet no matter how much Americans love their stereotypes, and no matter how often they buy into them, they also hear a countervailing message: "Stereotyping is bad." Students learn that it is wrong to make sweeping generalizations about ethnic, national, sexual and religious groups. Even corporations instruct their employees that it is "wrong" to generalize about "others." It might not be wrong to exclude "them" from the workforce or relegate "them" to the mail room. You just can't make callous remarks about their low station.
We have lived in the era of "political correctness" for several decades now. Some people have gotten in trouble for breaking the official rules about stereotypes, like Don Imus and some other indiscreet white men. But despite the "official" stance against stereotyping, it survives. It lives on in men's hearts. People can dutifully watch what they say in public without privately abandoning stereotypical thinking. It is very easy to be "politically correct" in observance, yet politically incorrect in spirit. Even the worst bigot can navigate the sparse minefield of forbidden phrases that demarcates "politically correct speech." You just need some minimal public discretion.
But what happens when traditional stereotypers try too hard to show their political correctness? In advertising, for instance, I have noticed an increase in so-called "reverse stereotyping," namely, painfully obvious attempts to portray traditionally stereotyped roles in the opposite light.
Take these examples: A major garment company runs an ad showing a married black man in a very nice home choosing a white starched shirt from a hickory-paneled closet. In the next ad, a home security company shows an affluent black family in a very nice home being terrorized by a white burglar, then calling police. In another ad, a life insurance company hawks its wares by showing an extremely well-dressed black man behind a desk in an office building. He is an "insurance executive;" and a desperate-looking white man calls him to ask about life insurance options. In yet another ad, a trade school notes that "times are tough," then it shows an unemployed white man struggling to find a job. It suggests that he get an education in order to stop receiving public assistance.
What is significant about these ads? In my view, they are even more condescending to "disfavored political groups" in America than flat-out stereotypes. After all, pernicious stereotyping generally operates in a "downward" manner, from people in a "traditionally superior social position" against people in a "traditionally inferior social position." In all the social contexts relevant to these ads, black Americans generally occupy the inferior position: They do not have nice homes; they do not wear button-down shirts; they are not even married; they are the burglars, not the ones who call police; they do not buy life insurance, let alone run the insurance company; they are unemployed and need educations to get off welfare. A flat-out stereotype would have shown white people buying button-down shirts, calling the police on black burglars and running an insurance company. But here the ads simply reverse the stereotypes, placing black people in the traditionally superior positions, while white people fancifully occupy the traditionally inferior positions. This "racial reversal" so obviously contradicts predominant social realities that it invites scorn.
It is easy to see why the corporations did this. They did not want to "appear stereotypical" by portraying blacks in "traditionally inferior social positions." They wanted to comply with "political correctness." But in attempting to avoid stereotypes, the corporations came off as even more patronizing than they would have had they simply stuck with the generalizations everyone expects to see. Americans expect to see black burglars; that's what they see on the news all the time. Americans expect to see white insurance executives; after all, insurance executives are basically all white anyway. And Americans expect to hear about unemployed black people on welfare; laziness is a classic racial stereotype that has long fueled resentment between racial groups in America.
In sum, anyone can see that these ads do not correspond to social reality in the United States. That fact confirms that Americans like their stereotypes. It makes them uneasy--and even disbelieving--to see black people portrayed outside their traditionally inferior social positions. No one will ever believe that black people will run insurance companies. Nor will anyone believe that white Americans will commit street crime in the same proportions as black Americans. Americans are too comfortable with their stereotypes. A few advertisers will not change anyone's assumptions by reversing stereotypical roles that have existed in Americans' minds for generations.
No, Americans still have a voracious appetite for stereotypes. Just go to the movies or turn on the news. And ironically, attempting to be "political correct" only worsens stereotypical thinking. That's because telling Americans that "stereotyping is bad" is like telling a star baseball player that baseball is bad: Stereotyping is what we do--and we really like it. Telling us to stop doing what we like will result in confused, disingenuous absurdity, just as we see in these ads.
Stereotypes fascinate me because everyone taught me to revile them. It is a dirty word. You are not supposed to stereotype anymore. But what is stereotyping, actually? It means making generalizations about particular people or things, then exaggerating those generalizations in a pejorative way.
Stereotypes are pernicious when applied to "disfavored" groups. They are even worse when a person in "superior social position" directs the stereotype against a person in an "inferior social position." In other words, it is "politically incorrect" for a wealthy white man in America (i.e., a person with a historically "superior social position") to stereotype against a poor black man (i.e, a person with a historically "inferior social position"). Yet when people in traditionally inferior social positions stereotype those in superior social positions, it is somehow more forgivable. After all, who gets up in arms when black comedians say all white people are awkward? No one: Because everyone knows that white people have historically enjoyed a "superior social position" over blacks in America. In this sense, stereotypes are objectionable only in context: They are "bad" only when directed downward from a superior social position against an inferior one.
Still, it is hard to talk about stereotypes without inviting anger. Even outside the racial context, stereotypes raise emotions because they depend on uncomfortable--and sometimes remotely true--assumptions about others. No one likes to be mocked for their intrinsic characteristics, even if their intrinsic characteristics are less than praiseworthy.
It is even difficult to analyze the stereotyper. Ten years ago, I angered the American government when I applied for a Federal scholarship to study the systematic way in which American media stereotypes Germans. I did not get the grant. Apparently, the Federal government did not want to fund a paper that would tell it how shortsighted, ignorant and simplistic most Americans are when thinking about Germany. At the time, I was disappointed I did not get my grant. But it taught me a valuable lesson: Neither the proponents nor the victims of stereotypes like talking about them.
Whether or not the Federal government chooses to recognize it, stereotypes are everywhere in this country. They surround us. We even buy into them without even knowing it. To start, it is hard to watch American movies without encountering some condescending racial, sexual or national caricature. Even in a sci-fi action movie like Transformers : Revenge of the Fallen, the "hip" robots have black voices and banter in ebonics. Most gay characters are pathetically effeminate, with the lisps, hair and flamboyance to match. And people from other countries? Forget it: Germans are merciless, icy, calculating, humorless villains (Schindler's List; Hellboy II). Italians are lusty, hairy, slicked-back tough Guidos who use big hand gestures and talk about their families all the time (Saturday Night Fever). Russians are crafty, suspicious tyrants with thick accents (Rambo III; Indiana Jones and the Kingdom of the Crystal Skull). The French are perfumed, well-dressed, snotty, red-lipped, arrogantly petulant metrosexuals with perfect hair who usually wind up buying baguettes or espresso at some point in the movie (The Matrix : Reloaded, Ronin)(Jean Reno is the default American choice for a Frenchman). The British are absurdly prim, polite, insistent on protocol, silly or villainous (The Patriot). Arabs are maniacal terrorists who wear turbans, shout "Allah, Ackbar!" and blow things up (True Lies). Asians are generally kung-fu-fighting, sword-wielding comic relief with funny accents (any Jackie Chan movie).
Of course, not all American movies support racial, sexual and national stereotypes. There are exceptions in every category. But the fact that so many mainstream films thrive on stereotypes means something. It means that America has an appetite for them. They like laughing at smooth-talking black robots and silly gay men. They expect Italians to be gangsters and Germans to be killers. After all, stereotypes are easy to grasp. They distance "us" from "them." They allow "us" to feel secure in our identities by condescending toward the way "they" speak, act and move. Stereotypes unite through ignorance.
Hollywood films are not the only medium that supports rank stereotypes in the United States. Even so-called "neutral" news networks reinforce racial and national generalizations. Whenever news agencies report on street crime, they usually point out that the suspect is a "black male," or they just show his face onscreen: Just another scary-looking black guy with unkempt facial hair. Whenever news agencies report about China or Russia, they usually make ominous comments about sinister motivations and repressive governments. And when they report about destitute Third World countries, typically they focus on some ridiculous sideshow, like peasants cooking dirt shavings or worshipping a river bank.
In short, Americans get their stereotypes from multiple sources. Stereotypes help them order their world. They help them remember who "they" are. Yet no matter how much Americans love their stereotypes, and no matter how often they buy into them, they also hear a countervailing message: "Stereotyping is bad." Students learn that it is wrong to make sweeping generalizations about ethnic, national, sexual and religious groups. Even corporations instruct their employees that it is "wrong" to generalize about "others." It might not be wrong to exclude "them" from the workforce or relegate "them" to the mail room. You just can't make callous remarks about their low station.
We have lived in the era of "political correctness" for several decades now. Some people have gotten in trouble for breaking the official rules about stereotypes, like Don Imus and some other indiscreet white men. But despite the "official" stance against stereotyping, it survives. It lives on in men's hearts. People can dutifully watch what they say in public without privately abandoning stereotypical thinking. It is very easy to be "politically correct" in observance, yet politically incorrect in spirit. Even the worst bigot can navigate the sparse minefield of forbidden phrases that demarcates "politically correct speech." You just need some minimal public discretion.
But what happens when traditional stereotypers try too hard to show their political correctness? In advertising, for instance, I have noticed an increase in so-called "reverse stereotyping," namely, painfully obvious attempts to portray traditionally stereotyped roles in the opposite light.
Take these examples: A major garment company runs an ad showing a married black man in a very nice home choosing a white starched shirt from a hickory-paneled closet. In the next ad, a home security company shows an affluent black family in a very nice home being terrorized by a white burglar, then calling police. In another ad, a life insurance company hawks its wares by showing an extremely well-dressed black man behind a desk in an office building. He is an "insurance executive;" and a desperate-looking white man calls him to ask about life insurance options. In yet another ad, a trade school notes that "times are tough," then it shows an unemployed white man struggling to find a job. It suggests that he get an education in order to stop receiving public assistance.
What is significant about these ads? In my view, they are even more condescending to "disfavored political groups" in America than flat-out stereotypes. After all, pernicious stereotyping generally operates in a "downward" manner, from people in a "traditionally superior social position" against people in a "traditionally inferior social position." In all the social contexts relevant to these ads, black Americans generally occupy the inferior position: They do not have nice homes; they do not wear button-down shirts; they are not even married; they are the burglars, not the ones who call police; they do not buy life insurance, let alone run the insurance company; they are unemployed and need educations to get off welfare. A flat-out stereotype would have shown white people buying button-down shirts, calling the police on black burglars and running an insurance company. But here the ads simply reverse the stereotypes, placing black people in the traditionally superior positions, while white people fancifully occupy the traditionally inferior positions. This "racial reversal" so obviously contradicts predominant social realities that it invites scorn.
It is easy to see why the corporations did this. They did not want to "appear stereotypical" by portraying blacks in "traditionally inferior social positions." They wanted to comply with "political correctness." But in attempting to avoid stereotypes, the corporations came off as even more patronizing than they would have had they simply stuck with the generalizations everyone expects to see. Americans expect to see black burglars; that's what they see on the news all the time. Americans expect to see white insurance executives; after all, insurance executives are basically all white anyway. And Americans expect to hear about unemployed black people on welfare; laziness is a classic racial stereotype that has long fueled resentment between racial groups in America.
In sum, anyone can see that these ads do not correspond to social reality in the United States. That fact confirms that Americans like their stereotypes. It makes them uneasy--and even disbelieving--to see black people portrayed outside their traditionally inferior social positions. No one will ever believe that black people will run insurance companies. Nor will anyone believe that white Americans will commit street crime in the same proportions as black Americans. Americans are too comfortable with their stereotypes. A few advertisers will not change anyone's assumptions by reversing stereotypical roles that have existed in Americans' minds for generations.
No, Americans still have a voracious appetite for stereotypes. Just go to the movies or turn on the news. And ironically, attempting to be "political correct" only worsens stereotypical thinking. That's because telling Americans that "stereotyping is bad" is like telling a star baseball player that baseball is bad: Stereotyping is what we do--and we really like it. Telling us to stop doing what we like will result in confused, disingenuous absurdity, just as we see in these ads.
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Wednesday, March 17, 2010
H.I.R.E. : HEALTH INSURANCE RESISTANCE EDUCATION
"JUST SAY NO"
By : Mr. Robert S. Mueller III, Director, Federal Bureau of Investigation, Washington, D.C.
Americans face threats every day. Foreign terrorists plan violence against us. Domestic thugs commit robberies and senseless killings in our midst. Organized gangs intimidate and extort honest businesses. And psychopaths brutally beat loved ones, including their own wives and children. In a word, crime is everywhere.
Here at the Federal Bureau of Investigation, we are committed to protecting you from criminals. We hunt down killers and thieves. We bring them to justice. But that is not all we do. We try our best to prevent crime, too. While we cannot stop a hardened shoplifter's decision to filch from a store, we can at least help protect potential victims from crime. To that end, the FBI believes in education.
Not all crime is obvious. Everyone knows it's wrong to put on a hoodie and pry into a nice-looking home with a crowbar. Everyone knows it's wrong to smash an elderly woman in the head with a hammer as she struggles to cross the street. These are visible crimes. But not all crime is visible. Crime happens all over the place. Well-educated executives might be committing monumental financial crime two stories above your head as you toil for minimum wage in a corporate copy center. Traders might be illegally fixing prices on a proprietary computer program somewhere down the block. Although these crimes might not be as obvious as bashing an old woman in the skull, they still pose a threat to Americans everywhere. And the FBI is determined to informing Americans about all crime, not just visible crime. We believe in a simple motto: Because information is the best protection™.
Today, the FBI wishes to inform Americans about a pervasive criminal threat: Health insurance sales. We do this because many Americans do not realize that they are being victimized by ruthless health insurance gangs masquerading as upstanding corporations. Until Americans receive the information they need to protect themselves, health insurance gangs--including the notorious "Cigna Hustlaz" and the most-wanted "Blue Crips Blue Shield Brothahood"--will continue to rain unrestricted economic terror on millions every day.
To combat health insurance gangsters, racketeering and economic intimidation, we have instituted a new program directed at Americans of all ages: HEALTH INSURANCE RESISTANCE EDUCATION, or H.I.R.E.
Let's start with some basics. Everyone likes health insurance. Health insurance gangs know that. Health insurance gives people a high; it makes them feel secure that someone else will pay their medical bills if they get sick. In recent years, private employers stopped giving employees health insurance because it made them lazy, unproductive and apathetic. Gangsters like the Cigna Hustlaz stepped in to fill the supply vacuum, selling exorbitantly-priced health insurance at street rates. Once hooked, a health insurance addict can't get enough. He wants more and more insurance. He wants more and more free medical care. And when the gangsters see this, they just keep raising the prices, knowing the addict will pay. In the end, health insurance gangs reap fantastic profits, while addicts waste all their money paying whatever price the gang demands.
Until now, health insurance gangs have tyrannized Americans with relative impunity. For one thing, they do not look like regular criminals. They are generally not African-American or Hispanic. Rather, they are not people at all: They are corporations. Their senior leaders are generally white men between 40 and 60 with suffixes like "IV," "Jr.," "Sr.," and "Esq." after their names. Some health insurance high-ups even have street nicknames, like "Chip," "Skip," "Tad," "Dodger," "Lil Princeton," and "Biggie Witherspoon AKA Tha Kash Docta." Many live in the suburbs and pay their taxes. Most Americans have no idea that these friendly-looking white men are actually vicious health insurance thugs determined to drive them into bankruptcy, addiction and early death.
But the FBI knows all about these gangsters. We have a Most Wanted List for Health Care Thugs. And today we declare that we will protect average Americans from health insurance gangs all over the country.
America's addiction to health insurance has reached epidemic proportions. It has destroyed homes and fortunes. It has ruined marriages. It has even led to imprudent surgeries and haphazard medical care. It has driven hard-working people into homelessness. Now, destitute beggars roam the streets, desperately seeking their next health insurance fix. Citing "cost concerns," health insurance gangsters have caused children to forgo needed doctor visits. And they have forced millions of Americans to deal with vicious health insurance gang "employees" ("wiseguys") who torment them every day with unfair appeals, denial letters and various other petty indignities. Many Americans fear telephone calls from these health insurance "wiseguys." In most cases, they learn that the gang has once again rejected their request for a heart transplant because it is "not covered."
Health insurance gangs have almost succeeded in reducing the American public to dependency. They have laid their hooks into American families from coast to coast, wringing them for excessive premiums every single day. When they don't pay, "wiseguys" threaten them with collection action and illness. Health insurance gangs know that Americans can't get enough health care. They know that Americans crave the health insurance high. So they just ignore the law and common decency to throttle Americans for everything they own. At the same time, they shrewdly cover their tracks by complying with corporate laws, paying taxes, making political contributions and advertising on television. No one thinks they are gangsters. And this all works to their advantage.
We refuse to tolerate health insurance gangsterism any longer. Through our new Health Insurance Resistance Education program, we are confident that we can save America from health insurance thugs. Information will always win over crime. That is why H.I.R.E. will begin teaching America's children how to spot health insurance hustlers. It will teach them to JUST SAY NO to street peddlers like "Holla Humana" and "Dem Anthem Playaz." It will teach them to talk to their parents about health insurance alternatives and fair prices. And it will teach them that strength in numbers is the best way to resist a lone health insurance dealer. When our kids take H.I.R.E., they will learn that health insurance is not cool.
But H.I.R.E. is not just about children. Adults have a lot to learn about health insurance crime, too. We plan to educate all Americans about health insurance thugs, including how to spot them. Health insurance gangs only became strong in America because they hoodwinked Americans into thinking they were "respectable businesses." But through H.I.R.E., we will teach Americans that companies hawking basic doctor visit coverage for $900 a month plus a $50,000 deductible are not "respectable businesses," but rather vicious health insurance thugs. We will inform America about our Most Wanted list and what the worst criminals look like. We will make Americans less naïve about trusting white men who work in the Cigna tower. And we will offer addiction treatment programs to help Americans cope with the fallout from health insurance abuse.
In the end, we are determined to tell America the truth. We refuse to allow health insurance gangs to ruin any more Americans lives. We refuse to see Americans driven to bankruptcy and homelessness because they could not cough up the monthly health insurance vig. We refuse to allow shameless thugs get away with extortion while pretending to be "just another corporation in a skyscraper." That is why we started H.I.R.E. And we are confident that we will put these crooks down once and for all, along with all their "wiseguy" call center enforcers.
America needs health care without health insurance gangsters. Health care by itself is not dangerous. It is only dangerous when sold on the street. We can save America from dependency on street health insurance only by bringing health insurance under government oversight. Just as food used to be dangerous before the government intervened to regulate food production, so too is street-level health insurance dangerous without government supervision. Health insurance is too important and too harmful to entrust to profit-hungry street gangs. Everyone wants health insurance. Everyone needs health insurance. That is all the more reason for the government to ensure that people receive quality-controlled care in a fair, honest manner.
But we will not achieve health insurance safety without first defeating health insurance gangs. Only education will win the war against them. H.I.R.E. is the first step to helping America understand the danger they face. Once Americans see that they are being exploited, bamboozled and extorted every day by so-called "respectable health insurance corporations," they will understand that government regulation is the only way to protect them from gangsters. While we appreciate that many Americans hesitate to support government control over health care, we are confident that H.I.R.E. will show them that the health insurance street market has victimized them, not helped them.
For decades, America has lived at the whim of health insurance thugs. That time is about to end. Here at the FBI, we are determined to protect you from exploitation and violence, even when you do not realize that you are a crime victim. Health insurance gangs have been victimizing you for years and you don't even know it. No more. That is why we promise to win the war against the health insurance gangsters who now tyrannize your life.
One day, every American will have health insurance at very low cost. Education will pave the way. The FBI will do its part. And we promise that no criminal gang will ever profit from your addiction to health care.
This is America. We do not tolerate unfairness or exploitation here.
Watch out, health insurance thugs. We know who you are. You can run but you can't hide.
Wednesday, February 24, 2010
SLAVERY NOW : LET'S END THIS RECESSION ONCE AND FOR ALL
FREE MARKET SOLUTIONS FOR A MODERN ECONOMY
By : Mr. Davy B. Hutchinson V, Esq., CEO and Chief Executive Officer, Greater Hutchinson Properties LLC (Dallas, Texas); University of Virginia (J.D. 1982; M.B.A. 1984); Owner, approximately 35,000 acres in Texas, Oklahoma, Louisiana and Arkansas; Author, It's Hard to Break Even When You've Got a Damn Payroll (Aspen Business Press 2009); Republican; Married; Father of three; No criminal record.
For over two years now, our country has labored through difficult economic times. Although very few people have the courage to say it, we are in a Depression. No matter what the pundits on CNBC say, this is no Recession. It's not even the so-called "Great Recession." We won't get anywhere in these tough times until we are honest with ourselves. Don't be fooled: We are in a Depression. The sooner we recognize that, the sooner we can move forward.
We are in a Depression because it feels like it. Depressions are about perceptions. When employers think there's a Depression on, they don't hire. Unemployment goes up. When that happens, people have less income to spend in the economy. When people don't spend money, companies make fewer profits. And when that happens, companies cut more workers and even close down. Panic spreads. People lose their homes and fortunes. They start begging the government for help. Then their government aid runs out and there they are: Back in the Depression.
This is not good for America. Our country depends on private employment to survive. When average people can't get jobs in the private sector, we are in serious trouble. Let's be honest: It costs a lot of money to hire someone. And companies don't want to threaten their margins by taking a chance on a new hire. They could spend their money in much more profitable ways. Workers are expensive. It doesn't make any sense to hire them unless you can be damn sure they will bring in way more than they cost.
So what do we do? The Depression will not end until every American has a good, high-paying private sector job that pays the bills. The Depression will not end until companies feel secure enough to start hiring again. In a nutshell, we need to create good jobs so that people have money again. And to create jobs, the private sector needs money to pay wages to everyone else. Problem is, the private sector does not have enough money these days. We need to find a way to make sure private companies get enough money to start taking chances on workers again.
Since the Depression hit, economists and politicians have mulled almost every conceivable way to create jobs: Stimulus packages, government incentives, tax breaks and even cash bailouts. Nothing has worked; private companies still don't have enough money to hire people. Things aren't getting any better. To the contrary, they are getting worse. Government is not up to the challenge. As soon as you bring in government, it just makes things more difficult and more complicated. Americans don't want complexity. They just want paychecks.
Americans will get their paychecks soon enough. We simply must be inventive. We are Americans. We are smart. And we always find a way to make money in the end.
It is time for innovative solutions to save our economy. Today, I am happy to say that there is a vast, untapped source of prosperity within our very own borders. Our salvation lives among us and we do not even know it. Our salvation is African slavery.
We can break this Depression by reinstituting slavery in the United States. Our economy is in ruins today because nonslave labor costs too much. Hiring people in today's economy imposes an intolerable financial burden on private enterprise. Corporations have shareholders to worry about. Shareholders want quarterly profits. They can't get quarterly profits if they spend more than they make every month on employee payroll. And when corporations aren't profitable, they can't cut anyone's paycheck.
Nonslave labor has failed. We need to free corporations from payroll servitude.
Slavery will solve virtually every economic problem in the United States. There are 35 million Africans in this country. By abrogating their citizenship and designating them personal property, we immediately create an enormous, cost-free workforce. Companies with slave labor will be able to report quarterly gains again. That, in turn, will allow them to spend money on new hiring. Once they do that, more people will get paychecks and more people will start spending money in the economy.
Opponents will doubtlessly claim that slavery is no way to resolve our country's economic woes. They will inevitably say that "common decency," "dignity," "equality," "the Constitution" and even "history" prevent the United States from once again enslaving Africans. They will say that as bad as our economy may be, slavery is forbidden.
We can answer all these concerns. But before addressing our opponents' arguments individually, we must mention that saving the economy is more important than anything else. Americans would rather have jobs and a paycheck than a "Republic dedicated to equality and decency." Americans would much rather have a healthy economy than the vague assurance that "every man has an equal right to succeed" in this country. In fact, it is precisely the unwillingness to entertain slavery that landed us in this mess in the first place. If we really want to beat the Depression, we must be bold. That means embracing slavery, not running from it.
First, the Constitution poses no barrier to reinstituting slavery. True, the Thirteenth Amendment bans slavery and involuntary servitude in the United States. But the Constitution can be amended. If amended once, it can be amended again. Once Congress and the People see the enormous economic benefits to be won from slavery, we are confident that they will swiftly amend the Constitution to reinstitute it. And we are also certain that average Americans will appreciate that slavery will solve their economic woes once and for all. That will lead them to pressure their representatives to repeal the constitutional ban on slavery.
Second, our history does not frown on slavery. We are not "going back to the Dark Ages" by returning Africans to bondage in the United States. To the contrary, our country has a rich and vibrant slavery tradition. Slavery existed when this country was founded and it existed legally all the way until 1865. Since then, Africans have lived as virtual slaves: They die at younger ages; they do not attain educational eminence; they rarely attain economic prosperity; they live in much greater poverty than comparable white Americans; and they constantly claim that they have been "victimized," preventing any meaningful progress. If anything, then, the United States has long been friendly to slavery. Slavery helped shape this Nation in the past. It has always defined us. And now slavery will save us from economic ruin.
Despite all rhetoric to the contrary, history shows that America was a better country with slavery. America suffered no crippling Depressions before 1861. In fact, our national economy boomed in the pre-Civil War years precisely because the South churned out cotton without labor costs. After 1865, labor costs imposed intolerable burdens on private enterprise, resulting in several terrible Depressions. This shows that slavery provides insulation against economic collapse at the same time it generates healthy profits for private business owners.
We will make no progress against persistent economic malaise by turning to the government. Rather, we will only rescue the economy by reinvigorating the spirit of private property ownership that has always driven America forward. We will only regain our prosperity by refreshing America's passion for private enterprise solutions. We do not want handouts and bureaus. We want economic freedom.
Slavery delivers on all these points. By returning Africans to "property" status, we immediately create a huge new commodities market. That will allow for vigorous new exchange, as well as bank financing and stock market revitalization. Advertisers will win new contracts promoting slave sales, while interstate transportation entities will relish new business ferrying slaves from State to State. Housing contractors will also have a role to play by building accommodations for slave populations. In short, slavery will not only affirm America's commitment to private property ownership. It will also stimulate immensely beneficial free market activity.
Slavery also delivers significant indirect benefits. For one, by reducing the number of American citizens by 35 million, government will not need to spend as much on social entitlements. Social security and Medicaid payouts will decrease. With fewer necessary expenses in the budget, Congress will be able to lower taxes. That will allow private enterprise to hire more workers and reinvest their capital in profitable endeavors. Additionally, Federal labor laws will not apply to slaves, so private companies will be able to increase productivity without increasing wage costs. That will lead to a spike in production and more profits for domestic companies.
We need to worry about production in the United States. Without slavery, our economy sank into a dangerous trade deficit. Crippled by labor costs, entitlements, taxes and health care obligations, private companies could not produce enough to compete with countries like China and India. But slavery will correct the imbalance. Now, African slaves will cost employers next to nothing, allowing them to boost production and increase profits--all without commensurate increases in cost. Armed with increased profits, companies can invest in skilled workers, researchers and technology in order to propel American into a new Golden Age. The bottom line is that slavery will allow us to go toe-to-toe with China. Slavery works.
We are confident that the American people will see the merit in slavery. For too long, Americans have been brainwashed to believe that "slavery" is a dirty word. They reflexively recoil from it. But they must merely learn to understand that slavery is the key to our economic renaissance. As soon as disgruntled, underemployed American workers understand that slavery will get them a paycheck, they will quickly drop their hostility to it. When they see that slavery gets them a comfortable job, a nice new home, a beautiful two-car garage and even a few acres for themselves, they will stop fretting about dignity and equality.
Moreover, slavery is environmentally friendly. Enslaving Africans does nothing to poison water or air supplies. Enslaving Africans does not result in deforestation, nor does it threaten endangered wildlife populations. It is a "green" solution in the truest sense: It will not only make Americans money; it will result in clean air, too.
In a word, slavery has always played a role in American life. We have never fully moved away from it. It is time to get back to our roots and embrace it again. Our country was strong when private employers did not worry about crippling payrolls and social security taxes. Our country never suffered Depressions when we prized economic freedom over fanciful commitments to racial equality. And any American will tell you that he'd rather live in a country that does not suffer rampant unemployment than live in a country that forbids slavery. After all, abolishing slavery never paid anyone's rent or landed anyone a job.
Slavery means more jobs for all. Slavery means more private property ownership. Slavery means increased American production and viability on the world economic stage. Slavery means American prosperity. Slavery means home ownership and college education. Slavery means healthy waterways, wetlands and environmental protection. The list goes on and on.
In this light, let us speak out for economic freedom. Let us declare our independence from circular economic failures. Let us free ourselves from the tyranny of expensive labor. Slavery is our solution. It is our salvation. When America returns its Africans to slavery, no country in the world will ever threaten our dominance.
Wednesday, February 10, 2010
MIDWEEK BREAK ON A SNOW DAY
Early this week, I spilled much ink discussing the Supreme Court. Today, I am a little more tired than usual. I am also a little intellectually spent, so I decided to take a rest until tomorrow. Believe it or not, I am not feeling too satirical. I still have a list of potential satires to craft, but nothing really sparks my fire today. I don't write unless I feel that spark first. Uninspired writing isn't worth my time--or yours. It's OK to be uninspired when serving an economic master for pay. But not when you're investing your passion in art.
Yesterday I saw something funny. They just opened a Filene's Basement bargain store on 14th Street, near the Whole Foods between Broadway and University Place. As I walked past, I noticed this sign: "FILENE'S BASEMENT - TAKE THE ESCALATOR UP TO THE SECOND FLOOR."
I didn't know you could ever go up to get to a basement from street level. But I guess you can. After all, companies need to work with the real estate they can scrounge, even if it doesn't sync with their names.
On the other hand, "Filene's Second Floor Mezzanine" just doesn't have the same ring as "Filene's Basement." So basements can be on the second floor, at least on 14th Street.
Now I'm looking for an attic on the lower level. I'm sure I'll find one sooner or later. What's in a name, anyway?
See you tomorrow!
Oesterhoudt
Yesterday I saw something funny. They just opened a Filene's Basement bargain store on 14th Street, near the Whole Foods between Broadway and University Place. As I walked past, I noticed this sign: "FILENE'S BASEMENT - TAKE THE ESCALATOR UP TO THE SECOND FLOOR."
I didn't know you could ever go up to get to a basement from street level. But I guess you can. After all, companies need to work with the real estate they can scrounge, even if it doesn't sync with their names.
On the other hand, "Filene's Second Floor Mezzanine" just doesn't have the same ring as "Filene's Basement." So basements can be on the second floor, at least on 14th Street.
Now I'm looking for an attic on the lower level. I'm sure I'll find one sooner or later. What's in a name, anyway?
See you tomorrow!
Oesterhoudt
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Tuesday, February 9, 2010
STARE DECISIS, SHMARE DECISIS : WHY THE SUPREME COURT'S RECENT CORPORATE ELECTION SPENDING CASE IS ALL WRONG
AN ESSAYPART 2
Yesterday I wrote to explain how the Supreme Court erred in its recent decision granting corporations unlimited freedom to make "independent expenditures" that advocate for Federal election candidates: Citizens United v. Federal Election Commission, 558 U.S. __(2010)(slip op.). I confined my analysis to the assertion that Congress had good reason to restrict corporations' ability to distort public debate by buying up all the airtime around elections. See, e.g., 2 U.S.C. § 441(b). I noted that according full First Amendment protection to corporations makes it difficult for individuals to voice their First Amendment rights. I also lamented the Court's decision to overrule an earlier case that concluded the same things: Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990).
Today I continue my analysis on a new point: The Court's utterly hypocritical "commitment" to the legal doctrine "stare decisis." In my view, the Court overrules prior cases when its membership changes, not because monumental social changes render prior decisions "unworkable" or "anachronistic." Citizens United affirms my cynicism on this issue: The fact that both men (Republicans) who voted against Austin in 1990 now vote to overrule it in 2010 says it clearly enough. This is not about policy. It is about politics.
Stare decisis is a judicial custom in common law countries like Great Britain and the United States. In Latin, it means "stand by the decision." Its technical legal meaning does not differ much. It admonishes judges to decide cases according to principles announced in similar past cases. When an older case provides an answer to a question, stare decisis obligates judges to provide the same answer in a case raising the same question. In practice, stare decisis reinforces respect for the judicial system because it informs citizens how judges will rule in particular circumstances. It also reinforces respect for the so-called "rule of law" in society: The idea that power flows from neutral legal principles, not men's individual caprice.
Yet everyone agrees that stare decisis is not the right policy in every circumstance. It makes no sense to follow ancient cases to resolve modern dilemmas. After all, if judges strictly observed stare decisis in every case, we would still live under cases like Plessy v. Ferguson, 163 U.S. 537 (1896), the infamous decision that permitted legal racial segregation in 1896. Everyone knows that Brown v. Board of Education, 347 U.S. 483 (1954), overruled Plessy in 1954. The Supreme Court refused to follow stare decisis in that case; and for good reason. Plessy did not make sense any more. It could not be reconciled with constitutional liberty and equality principles. And society had changed in fundamental ways between 1896 and 1954. Those considerations all warranted abandoning stare decisis to overrule the past decision: By 1954, Plessy had degenerated into a pernicious historical "anachronism."
But the Court wanders into extremely dangerous territory when it overrules cases on less compelling grounds. Stare decisis is the rule, not the exception. And when the Supreme Court overrules cases every few years simply because its membership changes, it inflicts the damage that stare decisis is intended to avoid: The cynical public perception that the Court is not committed to law and constitutional principle, but rather to politics and raw power.
Politics and raw power certainly won the day in Citizens United. I have long been cynical about the Supreme Court and its increasingly mordant, political tone. I have long known that its current conservative majority will not "stand by decisions" it does not like. Yet it will certainly "stand by decisions" that match its political colors. That is why it does not surprise me that it lightly overruled Austin on the corporate election funding question, even though people do not view that question much differently today than they did in 1990. If anything, the reasons that justified Austin's hostility toward corporate political power are more compelling today than they were then.
Justice Kennedy knows this all too well. After all, none other than Justice Kennedy sang a sweeping ode to stare decisis just eighteen years ago in the case that saved abortion rights: Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992). It was Justice Kennedy who signed on to this formula for stare decisis: "[W]hen this Court reexamines a prior holding, its judgment is customarily informed by a series of prudential and pragmatic considerations designed to test the consistency of overruling a prior decision with the ideal of the rule of law, and to gauge the respective costs of reaffirming and overruling a prior case." Id. at 854-855. Sounds like he takes stare decisis pretty seriously, doesn't it?
You have no idea how seriously. Justice Kennedy even approved four detailed factors to determine whether it would "undermine the rule of law" to overrule a prior constitutional case: "[W]e may ask whether (1) the rule has proved intolerable simply in defying practical workability, whether (2) the rule is subject to a kind of reliance that would lend a special hardship to the consequences of overruling and add inequity to the cost of repudiation, whether (3) related principles of law have so far developed as to have left the old rule no more than a remnant of abandoned doctrine, or whether (4) facts have so changed or come to be seen so differently, as to have robbed the old rule of significant application or justification." Casey, 505 U.S. 833, 855 (enumeration and emphasis added).
In Casey, the Court spent many painstaking pages applying the four stare decisis factors. Justice Kennedy joined the analysis in full. He thought it would "undermine the rule of law" to overrule Roe v. Wade, 410 U.S. 110 (1973), just nineteen years after the Court decided it. In sum, Justice Kennedy doggedly defended stare decisis in Casey. He voted to "stand by" the decision.
But where was that doggedness in Citizens United? And what happened to the delicate, detailed stare decisis factors that guided Justice Kennedy's analysis in Casey? They are nowhere to be found. Rather, Justice Kennedy employs a much more nebulous stare decisis test in Citizens United: "Beyond workability, the relevant factors in deciding whether to adhere to the principle of stare decisis include the antiquity of the precedent, the reliance interests at stake, and of course whether the decision was well reasoned." Citizens United, 558 U.S. __ (slip op. at 47)(emphasis added).
What the hell does "well reasoned" mean? What possible objective guidance does that factor provide? It is no surprise that the Court in Casey did not employ a "well reasoned" test in deciding whether to overrule Roe v. Wade. If it had, it would have merely invited the Justices to import their own political sensibilities to determine whether to overrule it. Yet that is Justice Kennedy's test in deciding whether to overrule a 20-year-old precedent about the integrity of American democracy. And with a standard like "well reasoned," you know how it came out.
I find it significant that Justice Kennedy changed his own standards to overrule Austin. After all, if he had applied the painstaking stare decisis factors he endorsed in Casey, he would not have reached the same conclusion. In Austin, the Court held that restrictions on corporate "independent expenditures" advocating Federal candidates were justified in order to curb "corruption and the appearance of corruption," as well as to curtail the disproportionate influence that "immense aggregations of wealth" wield upon the American political process. Austin, 494 U.S. 659-660.
Under the Casey standard for stare decisis, I do not see how this rule has become "unworkable." For generations now, corporations have learned to cope with campaign financing restrictions. They know they have to create "political action committees" in order to advertise for candidates they like. This satisfies Casey's "practical workability" factor.
Second, the American public has placed reliance on Austin's rule. Americans understand that corporations project enormous power in government; and most Americans rightly worry that corporations' financial advantages grant them unfair political leverage. Congress' corporate campaign funding restrictions assured the American people that the law acts to "prevent corruption" in the political process and to curtail the "corrosive" effects of "immense aggregations of wealth" on elections. In this sense, Austin's rule satisfies Casey's "reliance" factor.
Third, the law has not substantially changed on the corporate political speech question since 1990. Not much can happen in constitutional law over such a short period. Constitutional developments take decades. Historically, they coincide with social upheaval. Social changes in American society rewrote the law when the Court overruled Plessy v. Ferguson in 1954. Sixty years, two world wars, a Depression and an atomic bomb had intervened to completely change the way Americans viewed the world. Against that backdrop, it is not surprising that the Court changed the law to keep up.
It is facetious to argue that such monumental social and legal changes have occurred in American society since 1990. In fact, Americans expect government to act against corporate overreaching. By overruling Austin's rule on this point, the Court completely ignores Casey's third factor concerning "fundamental legal change." That is why Justice Kennedy did not even mention this factor in his opinion. See Citizens United, 558 U.S. __(2010)(slip op. at 47).
Fourth, all the facts that supported Austin remain as true today as they did in 1990. Austin posited that restrictions on corporate speech were necessary to prevent corruption and unfairness in the American political process engendered by "massive aggregations of corporate wealth." Those facts formed the basis for the decision. Congress proceeded on those facts when it enacted the corporate campaign finance law.
If anything, those facts are even more true today. There is a rampant public perception that corporate wealth skews political transparency. Cynicism dominates rhetoric about corporate interference in politics. Austin fulfilled Casey's fourth factor on this point: Facts about corporate political spending have not "so changed or become so different as to have robbed [Austin's] rule of significant application or justification." Casey, 505 U.S. 833, 855. Put succinctly, those facts have not changed at all.
Again, it is hardly surprising that Justice Kennedy did not list the "factual change" factor in his Citizens United analysis. Instead, he merely invents a new standard: Whether the prior case was "well reasoned." See Citizens United, 558 U.S. __(2010)(slip op. 47). After all, if he had applied his own test from 1992, he could not in good faith have argued that "facts about corporate influence on politics" have significantly changed in twenty years. So he just ignored what he said in 1992 and made up something else.
See how easy it is to be a Supreme Court justice? You don't even have to stick to what you said before. You can just make things up as you go--as long as you get five votes on it.
But this is all very sad. After all, stare decisis exists to preserve public faith in our Judiciary. If the public sees--as it must now--that the Court willingly discards recent precedent simply because Republicans have more seats than Democrats, it will conclude that the Court is no better than Congress. Yet the Court is supposed to be our "independent branch," an erudite institution that rules on lasting constitutional principle, not casual politics. When the Court coarsely disregards recent precedent--especially on explosive political issues like election control--it sullies itself in ways that are difficult to repair. When the Court acts like this, it invites the same dismissive cynicism that the public usually reserves for elected officials. Principle means nothing. The Court just devolves into another political battleground.
And shame on Justice Kennedy. His hypocrisy has reached epic levels. He does not even apply his own lofty rhetoric about stare decisis. Rather, he abandons it the moment he encounters a case with which he "disagrees." He dissented in Austin twenty years ago. Then he joined an opinion that passionately defended stare decisis two years later. On that basis, one might think he would think twice about lightly overruling recent cases. But instead he overruled Austin without even using the grandiose stare decisis test he so forcefully advocated in Casey. This time, he did not even spend three pages dismissing stare decisis.
He really must not have liked Austin.
Apparently, our Constitution now functions according to a new test: Whether Justice Kennedy likes a case. Thankfully for him, he has four guys who will stand with him in most situations. And all you need is five.
Monday, February 8, 2010
CITIZENS UNITED v. FEC : WHY THE SUPREME COURT'S RECENT CORPORATE ELECTION SPENDING CASE IS ALL WRONG
AN ESSAYPART 1
Perhaps against my better judgment, I passed several hours this weekend working through the Supreme Court's recent campaign spending case: Citizens United v. Federal Election Commission, 558 U.S. __(2010)(slip op.). In brief, the case invalidates a Congressional Act that restricts corporations from making "independent expenditures" or issuing "electioneering communications" that expressly "advocate the election or defeat of a particular Federal candidate" within 30 days of a Federal election. 2 U.S.C. §§ 441(b), 434(f)(3)(A). The Court said that the Act violated "all corporations' right to political speech" under the First Amendment. In the process, the Court overruled a 20-year old precedent that upheld the same law on the State level: Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990).
I reacted with surprise when I learned what the Court had done. After all, it made perfect sense to me why Congress would want to restrict corporations' ability to spend money advocating particular Federal candidates: To prevent massive, wealthy businesses from deluging the public with their views, foreclosing fair debate in an election. Money buys influence. Even if corporations do not use money to literally "buy off" a candidate, they can easily use it to buy up all the airtime and essentially tilt the playing field to favor candidates they like--namely, guys who support corporations and their agendas.
In 1990, the Supreme Court said as much. In Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990), the Court--speaking through a 6-3 majority--concluded that restrictions on corporate "independent expenditures" during elections did not violate the First Amendment. True, such restrictions impacted corporations' "freedom to speak." But the Court found the State's interest in preventing "the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form" justified restrictions on corporate political speech. Id. at 660. The Court further reasoned that a State could restrict corporate spending on elections in order to curb "corruption or the appearance of corruption." Id. at 659.
In other words, the Court recognized in 1990 that corporations hold disproportionate political influence in America because they have so much more money than individual voters. That was true 20 years ago. It is even more true today. Corporations are getting bigger and bigger. Traditional competitors merge with each other. Their treasuries grow. And they can use that money to dominate the airwaves before elections in ways that individuals cannot.
But now the Court overrules Austin. Writing for the new conservative majority, Justice Anthony Kennedy called Austin "poorly reasoned," even though six justices voted for it just 20 years ago. So I guess that means a case is "poorly reasoned" when it tells the truth about corporations. It is no accident that Kennedy did not vote for Austin back in 1990. Today he gets his revenge, thanks in large part to right-wing help from Bush appointees Clarence Thomas, John G. Roberts and Samuel A. Alito. Those guys weren't around in 1990. Now they're calling the constitutional shots: They think Austin was "poorly reasoned," so they overruled it.
Why did they think Austin was "poorly reasoned?" After all, doesn't it seem obvious that Congress should take steps to prevent massive corporations from dominating news cycles at election time? I think so. But I'm not on the Supreme Court.
Much to my amazement, the conservatives actually phrase the debate in "liberty" terms. They think that corporations are exactly the same as private individuals when it comes to First Amendment rights. Applying that legal fiction, they think that corporations--like individual guys on soapboxes--have the right to unlimited free speech. And they are outraged that "poor little corporations" might face criminal prosecution under the law if they spend money supporting a Federal candidate before an election.
To be clear, the Federal law in this case does not bar corporations from spending money on elections. It merely requires them to set up separate entities for political purposes--so-called "Political Action Committees" (PACs). If a corporation wants to spend money advocating for a candidate, it has to spend through the PAC, and the PAC must report its funding sources. This allows the public to see who is paying for the corporate messages. PACs must also keep a treasurer and records. Yes, corporations have to endure some bureaucracy before exercising their First Amendment rights under the law. But it is not as if they cannot speak: They must merely follow a few more administrative steps than private individuals.
Yet the conservatives scream bloody murder about these administrative steps. How unjust and unfair, they say, that corporations must form new entities and pay some paperwork expenses in order to influence Federal elections! Justice Kennedy paints a doomsday scenario in which he claims that "poor little corporations" cannot afford to comply with these "administrative steps" prior to speaking on an election. He says nothing about the mammoth corporations that have the time and resources to comply with the law. No, it's all about the "little corporations--" the poor, wronged little corporations and small family businesses.
In truth, it is extremely easy for small businesses to circumvent the law here. Assuming that small businesses even have the capital needed to advertise for major Federal elections, they could avoid problems with the law merely by creating a PAC or by speaking as individuals. The law only applies to corporations, so a "little" corporation could sidestep it by refraining from speaking as a corporation. If a "little" corporation only has two members, they could speak as individuals "with connections to small business." They do not need a PAC. They still have their individual First Amendment rights. When the law involves fictions like "corporate people," it is easy to be imaginative in thwarting those fictions.
In this light, it is foolish for the conservatives to crusade for the "poor, wronged little corporations." By standing up for the "little corporations" in Citizens United, they actually abolished restrictions on the big corporations--and they were the ones who caused the problem in the first place. They threw the baby out with the bathwater. But that was probably what they intended all along.
And what glib reasoning the Court used to reach its corporate-friendly conclusions. While I might find it obvious that "immense aggregations of corporate wealth" have a "corrosive and distorting influence" on Federal elections, the Court resolved that quandary easily enough. On this point, Justice Kennedy merely says: "We conclude that independent expenditures made by corporations do not give rise to corruption or the appearance of corruption." Citizens United, 558 U.S. __ (2010)(slip. op. at p. 42).
Oh, all right. I'll just take your word for it. When I see a corporation funneling $140 million to advocate a Republican candidate for Senate, I won't assume any corruption. Corporations, after all, are selfless and would never do anything underhanded.
Let us even imagine that corruption--or the appearance of corruption--does not flow from corporate expenditures on behalf of a candidate. Even then, the fact that a corporation spends massive amounts to elect a corporate-friendly candidate creates popular perception that the corporation "bought" the candidate.
But Justice Kennedy resolves this issue easily enough: "The appearance of influence or access, furthermore, will not cause the electorate to lose faith in our democracy." Citizens United, 558 U.S. __(2010)(slip op. at 44).
Of course not, Justice Kennedy. How could I lose faith in our democracy when major corporations outspend their ideological opponents by millions to get pro-business Senators, Representatives and Presidents elected? How could I lose faith in our democracy when major corporations buy up all the airtime to get their guys in office? After all, I have to respect corporations' First Amendment rights, too, don't I?
According to Justice Kennedy, indeed I do--even if respecting a corporation's First Amendment rights makes it almost impossible to effectively exercise my own.
At this point, we begin to see the real problem with the conservatives' philosophy about corporate free speech rights. After all, when a powerful person--or a powerful group--exercises his free speech rights, he makes it more difficult for less powerful individuals to voice theirs. It is elementary that money translates into political influence. People with more money can speak more loudly on issues than those with less. By definition, corporations have far more money than even powerful private individuals.
Under this reasoning, it is easy to see how corporations can drown out debate simply by exercising their First Amendment rights. They can overwhelm private opposition by spending massive sums on ubiquitous advertising. That is the "corrosive and distorting influence" that the Court described in Austin. And corporate power to exert "corrosive and distorting influence" is the reason why Congress imposed limitations on the their ability to exercise their speech rights in the first place. Put simply, when corporations exercise their speech rights, they make it progressively more difficult for individuals to exercise theirs.
That is the real meaning of the conservative "corporate liberty" argument: By freeing corporations to speak, everyone else has to shut up and listen to them. In my view, that is not what the First Amendment is about. The First Amendment is about individual rights, not corporate rights. If corporate free speech rights make it difficult for individual free speech rights to survive, I have little problem regulating corporate free speech rights.
But Justice Kennedy does not acknowledge any of this. He does not see the obvious--and disturbing--practical implications behind his reasoning. Rather, he seems to dwell in some ethereal place in which corporate liberty is the same as individual liberty. As such, he sees the corporation as the victim. He even ascribes wisdom to corporations, as if corporate speech could actually enlighten the population: "Corporations do not have monolithic views. On certain topics, they may possess valuable expertise, leaving them best equipped to point out errors and fallacies in speech of all sorts, including the speech of candidates and elected officials." Citizens United, 558 U.S. __(2010)(slip. op. at 48-49).
Contrary to this rhetoric, corporations do have monolithic views on many issues. When it comes to profitability and shareholder enrichment, all corporations are the same: They want to make as much money as possible. That is a "monolithic view." In that sense, corporations will always say the same thing: Namely, whatever will benefit the corporation in the circumstances. In political speech, that means a corporation will always say things to support candidates who will make them richer. Given that, it is ridiculous to think that corporations will somehow "enlighten the public" with their "diverse viewpoints" on life. Corporate political speech is all the same: It is calculated to get people elected who will make them richer. End of story, Justice Kennedy.
In sum, this case disgusts me. I have other objections about it that I will raise in a later post. But for now, it is enough for me to say that the conservatives' view about "corporate liberty" eviscerates the First Amendment's focus on individual expression. Congress understood that corporations had to cede some expressive liberty in order to protect everyone else's relative ability to engage in political speech. Now that the Court has abolished those restrictions, it has opened the door to even greater corporate control over government.
Corporate control over government was already bad before this case. Now it will get even worse. As I suggested in a satire a while back, we might as well just rename the country the "United States of America, Inc." because that's exactly where we're headed. Or maybe we're already there.
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