Haiti: government and regulation (was Re: Two interesting Articles for Dr. Brin:)

2010-06-06 Thread Nick Arnett
This thread got me thinking about government, regulation and Haiti.

I haven't been back from Haiti long enough to feel as though I have
particularly coherent thoughts about the significance and opportunity posed
by the earthquake, but a few ideas have begun to take hold.

Like many poor nations in our hemisphere, Haiti has lived under a
combination of highly centralized government with little regulatory
authority or trade barriers.  The theory, or at least the defense, of the
lack of regulation was that free market forces would allow the nation's
people opportunities to bootstrap new businesses, etc.  Yet the reality is
that its wealthy trading partners have tended to reinforce the concentration
of wealth in the hands of a small minority.  Simple example -
U.S.-government subsidized rice has undercut the local farmers' prices, yet
in the name of free markets, no trade barriers or subsidies are in place...
so Haiti imports more than half of its food, even though it was a very
fertile country. There have been no environmental regulations, so the Haiti
half of Hispaniola is almost entirely deforested, the trees having been cut
down to make charcoal for people to cook on.  Deforestation led to run-off
that washed the topsoil into the ocean, greatly reducing that fertility.
And the topsoil killed most of the coral reefs near the island, so fishing
has also become far more difficult.

The lack of regulation regarding building - there were no building codes -
resulted in a huge percentage of the buildings collapsing or undergoing
severe damage.  Wanna see some of what I saw?

http://www.facebook.com/?ref=home#!/arnett.nick?v=photos

As I said, my thoughts on Haiti are not especially coherent yet, but it
seems like Haiti's major partners - the U.S., Canada and France -- are in
favor of democracy at home, but not in Haiti.  It seems like we are in favor
of trade barriers and subsidies at home, but not in Haiti.

The earthquake was the worst natural disaster in the western hemishere -
ever - and hit the poorest nation in the western hemisphere.  And it left
Haiti even more vulnerable than it was, with perhaps as many as 2 million
people without permanent shelter and nowhere to go if a hurricane hits.
There is opportunity for real change in this disaster.  Haiti is forced to
start over in many ways and perhaps this time, we, its friends and
neighbors, can help create something better.

Nick
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Re: Regulation and the financial crisis

2009-09-14 Thread John Williams
On Mon, Sep 14, 2009 at 7:41 AM, Bruce Bostwick
lihan161...@sbcglobal.net wrote:
 I think you're oversimplifying the arguments for regulation.  I don't
 believe anyone involved in the process seriously believes regulation is a
 one-dimensional parameter,

I think you give politicians far too much credit. I have no doubt that
quite a few politicians do not put any more thought into regulation
than more, and I have to make it look like I am doing something.

 The measures that were most effective in the past year or so in terms of
 containing progressive collapse

Which measures would that be, and how do you know they were beneficial
in the way you claim?

 one which, when left
 completely alone, tends to evolve toward increasing instability and
 ultimately just the kind of collapse we saw a year ago.

That is what the politicians constantly claim. The reality of the
matter is that no one really knows whether there would have been a
collapse. In fact, it may well be regulations and unintended
consequences of regulations that made things worse than they might
have been.

 The fact that regulations designed to enforce a
 certain degree of stability and the presence of certain fail-safes in the
 system that prevent progressive collapse when rogue players do play fast and
 loose is not a one-dimensional parameter at all, it's inherent in the nature
 of the regulations that are, in fact, necessary to protect the market system
 as a whole from the risky behavior of the people it's composed of.

Just because regulations are designed to do something does not mean
that people will behave as the designers expected. In fact, it is
often the opposite. People devote a lot of energy trying to find flaws
in the regulations so that they can do what they wanted to in the
first place. And find flaws they do.

 Never forget that you're dealing with a system made up of the collective
 behavior of millions of individual human beings,

And the corollary: governments are made up of the collective behavior
of many politicians and technocrats whose sole motivation is to gain
more power and to hold on to more power.

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Re: Regulation and the financial crisis

2009-09-14 Thread John Williams
Tyler Cowen writes about how politics and regulations contribute to
financial crises:

http://www.nytimes.com/2009/09/13/business/economy/13econ.html?_r=1

| FOR years now, many businesses and individuals in the United States
| have been relying on the power of government, rather than competition
| in the marketplace, to increase their wealth. This is politicization
| of the economy. It made the financial crisis much worse, and the trend
| is accelerating.

| Well before the financial crisis erupted, policy makers treated
| homeowners as a protected political class and gave mortgage-backed
| securities privileged regulatory treatment. Furthermore, they allowed
| and encouraged high leverage and the expectation of bailouts for
| creditors, which had been practiced numerous times, including the
| precedent of Long-Term Capital Management in 1998. Without these
| mistakes, the economy would not have been so invested in leverage and
| real estate and the financial crisis would have been much milder.

| But we are now injecting politics ever more deeply into the American
| economy, whether it be in finance or in sectors like health care. Not
| only have we failed to learn from our mistakes, but also we’re
| repeating them on an ever-larger scale.



| President Dwight D. Eisenhower warned of the birth of a
| military-industrial complex. Today we have a financial-regulatory
| complex, and it has meant a consolidation of power and
| privilege. We’ve created a class of politically protected “too
| big to fail” institutions, and the current proposals for regulatory
| reform further cement this notion. Even more worrying, with so many
| explicit and implicit financial guarantees, we are courting a bigger
| financial crisis the next time something major goes wrong.



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Re: Regulation and the financial crisis

2009-09-14 Thread Bruce Bostwick

On Sep 14, 2009, at 11:29 AM, John Williams wrote:


On Mon, Sep 14, 2009 at 7:41 AM, Bruce Bostwick
lihan161...@sbcglobal.net wrote:

I think you're oversimplifying the arguments for regulation.  I don't
believe anyone involved in the process seriously believes  
regulation is a

one-dimensional parameter,


I think you give politicians far too much credit. I have no doubt that
quite a few politicians do not put any more thought into regulation
than more, and I have to make it look like I am doing something.


In some cases, you may be right.  In others, not s0 much.

The measures that were most effective in the past year or so in  
terms of

containing progressive collapse


Which measures would that be, and how do you know they were beneficial
in the way you claim?


I believe an answer of sorts can be found in the portion of that quote  
you trimmed out.


The rest of the answer is that the Federal Reserve stepped in and put  
the brakes on the ridiculously overleveraged derivative trading that  
was going on, injected some strategically placed capital into the  
firms that had the collateral and other fundamentals to support it,  
let the ones that were too unsupported to survive fail with those  
firewalls in place to contain the damage, and essentially turned the  
market entirely around or at least kept it from falling a lot farther  
than it did.


It's worth noting, too, that those injections of capital were loans,  
the bulk of which are already in the process of being paid back.



one which, when left
completely alone, tends to evolve toward increasing instability and
ultimately just the kind of collapse we saw a year ago.


That is what the politicians constantly claim. The reality of the
matter is that no one really knows whether there would have been a
collapse. In fact, it may well be regulations and unintended
consequences of regulations that made things worse than they might
have been.


I think it was fairly obvious at the time, then, and is even more so  
now, that there wasn't enough reserve capital in the system to avoid a  
progressive collapse of the entire system, there was an entire  
derivative market sector that was effectively completely unregulated  
because no one had thought to regulate that particular kind of  
trading, and there was a circular scheme of reinsurance backing up the  
trading on paper but no actual underwriting of any risk.  Those sorts  
of shenanigans are more or less to be expected in the complete absence  
of any sort of regulation.


Yes, if you wire all the safety valves on the boiler shut and stoke up  
the fire until the rivets are popping, something's going to blow  
somewhere.  I think that's pretty clear even to a layman like me.


And I believe we've had this argument before, and others more eloquent  
than I am have deconstructed your side of it in detail.



The fact that regulations designed to enforce a
certain degree of stability and the presence of certain fail-safes  
in the
system that prevent progressive collapse when rogue players do play  
fast and
loose is not a one-dimensional parameter at all, it's inherent in  
the nature
of the regulations that are, in fact, necessary to protect the  
market system

as a whole from the risky behavior of the people it's composed of.


Just because regulations are designed to do something does not mean
that people will behave as the designers expected. In fact, it is
often the opposite. People devote a lot of energy trying to find flaws
in the regulations so that they can do what they wanted to in the
first place. And find flaws they do.


I believe that's the only rational assumption around which to design  
any regulatory strategy.  One of the assumptions is that the  
regulation must evolve with the market and take exactly that sort of  
gaming the system into account.


At this point I have to ask exactly what your concept of regulation  
*is*, because it seems to be very different from mine.


Never forget that you're dealing with a system made up of the  
collective

behavior of millions of individual human beings,


And the corollary: governments are made up of the collective behavior
of many politicians and technocrats whose sole motivation is to gain
more power and to hold on to more power.


I don't think I ever assumed otherwise.  But our government, unlike  
the leadership of publicly owned corporations, has a (mostly, sort of)  
working system of checks and balances to at least theoretically make  
it difficult to use elected offices to gather power for power's sake.   
It isn't perfect, but it tends to preserve at least something of a  
balance of power.  The few legally required structural measures in  
corporate leadership intended to prevent that are far less effective.



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Re: Regulation and the financial crisis

2009-09-14 Thread John Williams
On Mon, Sep 14, 2009 at 7:41 AM, Bruce Bostwick
lihan161...@sbcglobal.net wrote:
ty and the presence of certain fail-safes in the

 Never forget that you're dealing with a system made up of the collective
 behavior of millions of individual human beings, because that understanding
 is fundamental to the understanding of how the system as a whole works and
 why it breaks down the way it does.  It's very efficient at what it does,
 but the nature of what it does is itself chaotic, and that human element is
 the most chaotic part of it .

This made me think of something I had read, but it took me a while to
find it. This is from Friedrich A. Hayek:

http://mises.org/story/3229

| This corresponds to what I have called earlier the mere pattern
| predictions to which we are increasingly confined as we penetrate from
| the realm in which relatively simple laws prevail into the range of
| phenomena where organized complexity rules. As we advance, we find
| more and more frequently that we can in fact ascertain only some but
| not all the particular circumstances which determine the outcome of a
| given process; and in consequence we are able to predict only some but
| not all the properties of the result we have to expect. Often all that
| we shall be able to predict will be some abstract characteristic of
| the pattern that will appear — relations between kinds of elements
| about which individually we know very little. Yet, as I am anxious to
| repeat, we will still achieve predictions which can be falsified and
| which therefore are of empirical significance.

| Of course, compared with the precise predictions we have learned
| to expect in the physical sciences, this sort of mere pattern
| predictions is a second best with which one does not like to have to
| be content. Yet the danger of which I want to warn is precisely the
| belief that in order to have a claim to be accepted as scientific it
| is necessary to achieve more. This way lies charlatanism and worse. To
| act on the belief that we possess the knowledge and the power which
| enable us to shape the processes of society entirely to our liking,
| knowledge which in fact we do not possess, is likely to make us do
| much harm. In the physical sciences there may be little objection
| to trying to do the impossible; one might even feel that one ought
| not to discourage the overconfident because their experiments may
| after all produce some new insights. But in the social field, the
| erroneous belief that the exercise of some power would have beneficial
| consequences is likely to lead to a new power to coerce other men
| being conferred on some authority. Even if such power is not in
| itself bad, its exercise is likely to impede the functioning of those
| spontaneous-ordering forces by which, without understanding them, man
| is in fact so largely assisted in the pursuit of his aims. We are
| only beginning to understand on how subtle a communication system
| the functioning of an advanced industrial society is based — a
| communications system which we call the market and which turns out to
| be a more efficient mechanism for digesting dispersed information than
| any that man has deliberately designed.

| If man is not to do more harm than good in his efforts to improve the
| social order, he will have to learn that in this, as in all other
| fields where essential complexity of an organized kind prevails,
| he cannot acquire the full knowledge which would make mastery of
| the events possible. He will therefore have to use what knowledge
| he can achieve, not to shape the results as the craftsman shapes
| his handiwork, but rather to cultivate a growth by providing the
| appropriate environment, in the manner in which the gardener does
| this for his plants. There is danger in the exuberant feeling of
| ever-growing power which the advance of the physical sciences has
| engendered and which tempts man to try, dizzy with success, to use
| a characteristic phrase of early communism, to subject not only our
| natural but also our human environment to the control of a human
| will. The recognition of the insuperable limits to his knowledge
| ought indeed to teach the student of society a lesson of humility
| which should guard him against becoming an accomplice in men's fatal
| striving to control society — a striving which makes him not only a
| tyrant over his fellows, but which may well make him the destroyer of
| a civilization which no brain has designed but which has grown from
| the free efforts of millions of individuals.

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Re: Regulation and the financial crisis

2009-09-14 Thread Nick Arnett
On Mon, Sep 14, 2009 at 7:41 AM, Bruce Bostwick
lihan161...@sbcglobal.netwrote:

 I think you're oversimplifying the arguments for regulation.  I don't
 believe anyone involved in the process seriously believes regulation is a
 one-dimensional parameter, and I think it's disingenuous to suggest that
 supporters of plans that involve regulation that is stricter overall are
 thinking that way.  At the very best, that's a straw man argument.


Forbes magazine seems to take it as a given that lack of regulation was the
problem behind our current economic woes:

Despite multiple layers of government oversight and industry self-policing,
dangerous gaps in regulation allowed a speculative bubble to build, and then
burst, rocking the financial system as it hasn't been since the Great
Depression. Its corollary, the belief that the government would step in to
prevent an important bank from collapsing, created a sense of complacency
about the risks being created. Yet neither the gaps nor the too big to
fail concept have been eliminated.

See
http://www.forbes.com/2009/09/11/financial-regulation-reform-business-wall-street-year.html


 The market system is made up of people whose sole motivation is to make
 more money and make money faster, and whose altruistic motivations are far
 behind their motivations to get richer faster if they're there at all, and
 often what altruistic motivations they *do* have are overruled by the
 contractual obligations the corporations they work for have to pursue every
 possible means of making a profit.


Hmm.  If it really were that simple, I suspect that things wouldn't be so
chaotic.  People do things for all sorts of reasons, not just profit.  Power
is a great temptation, too, which leads companies to get in over their
heads.  The need to get big fast, as one famous Silicon Valley venture
capitalist puts it, creates a lot of pressure on VC-funded companies to grow
much faster than they probably otherwise would, which has been the downfall
of many.  They find that they can't grow the management, IT infrastructure
and such fast enough.  They can't regulate what they're growing, so to
speak.  As another VC said to me years ago when he raised questions about a
computer retail chain that seemed to be a huge success, You can hide a lot
of problems when you're growing.  Let's see how they do when the growth
slows down.  Sure enough, they failed not long after they ran out of room to
grow.  That was BusinessLand, if anyone remembers them.  They weren't trying
to maximize profits, they were just trying to get as big as they could, as
fast as they could... because investors imagine that big profits would have
to follow.  In reality, an industry can undergrow tremendous growth in a
short time but fail to produce above-average profits.  The airline industry
in the 1950s is a standard example - lots of investment in the future,
enormous growth, but nobody really made big profits.

Nick
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Re: Regulation and the financial crisis

2009-09-14 Thread Bruce Bostwick
I think you're oversimplifying the arguments for regulation.  I don't  
believe anyone involved in the process seriously believes regulation  
is a one-dimensional parameter, and I think it's disingenuous to  
suggest that supporters of plans that involve regulation that is  
stricter overall are thinking that way.  At the very best, that's a  
straw man argument.


The measures that were most effective in the past year or so in terms  
of containing progressive collapse were measures that were very  
carefully strategically targeted at key elements of the overall  
system, and the regulations being proposed now are equally  
strategically targeted from what I can see.  The fact that there's  
more regulation overall, in those proposals, isn't a decision to move  
the dial on one single parameter, it's more an artifact of the  
process being regulated, one which, when left completely alone, tends  
to evolve toward increasing instability and ultimately just the kind  
of collapse we saw a year ago.


The market system is made up of people whose sole motivation is to  
make more money and make money faster, and whose altruistic  
motivations are far behind their motivations to get richer faster if  
they're there at all, and often what altruistic motivations they *do*  
have are overruled by the contractual obligations the corporations  
they work for have to pursue every possible means of making a profit.   
The fact that regulations designed to enforce a certain degree of  
stability and the presence of certain fail-safes in the system that  
prevent progressive collapse when rogue players do play fast and loose  
is not a one-dimensional parameter at all, it's inherent in the nature  
of the regulations that are, in fact, necessary to protect the market  
system as a whole from the risky behavior of the people it's composed  
of.


Never forget that you're dealing with a system made up of the  
collective behavior of millions of individual human beings, because  
that understanding is fundamental to the understanding of how the  
system as a whole works and why it breaks down the way it does.  It's  
very efficient at what it does, but the nature of what it does is  
itself chaotic, and that human element is the most chaotic part of it ..


On Sep 9, 2009, at 10:39 AM, John Williams wrote:


| The biggest myth is that regulation is a one-dimensional problem, in
| which the choice is either “more” or “less.” From this myth,
| the only reasonable inference following the financial crisis is that
| we need to move the dial from “less” to “more.”


There is a fundamental difference between the mythical imagery we  
apply to reality and the reality itself.  -- Me




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Re: Regulation and the financial crisis

2009-09-14 Thread John Williams
On Mon, Sep 14, 2009 at 9:55 AM, Bruce Bostwick
lihan161...@sbcglobal.net wrote:
 On Sep 14, 2009, at 11:29 AM, John Williams wrote:

 The rest of the answer is that the Federal Reserve stepped in and put the
 brakes on the ridiculously overleveraged derivative trading that was going
 on,

How exactly did the Fed put the brakes on derivative trading?

 injected some strategically placed capital into the firms that had the
 collateral and other fundamentals to support it,

The government bailed out firms that had made errors and would have
otherwise failed, thus creating a huge moral hazard. Instead of
allowing creative destruction -- bad firms fail and better firms
survive, leading to a gradual improvement in the strength of surviving
firms -- the government propped up the bad firms and preserved most of
the flawed systems that led to the 2008 downturn. Thanks to the
government, the next downturn may be deeper.

 It's worth noting, too, that those injections of capital were loans, the
 bulk of which are already in the process of being paid back.

Not by a long shot. In reality, the government has committed money to
backstop hundreds of billions or even trillions of dollars of risky
assets. Even the auditor of the Fed could not answer how much and
where this money has been committed, or how many trillions were at
risk. Only a tiny fraction of this money has been paid back.

Those sorts of shenanigans are more or less to be
 expected in the complete absence of any sort of regulation.

Those sorts of shenanigans are the RESULT of unintended consequences
of regulations providing incentives to do things in more obscure ways.

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Re: Regulation and the financial crisis

2009-09-14 Thread John Williams
On Mon, Sep 14, 2009 at 9:55 AM, Bruce Bostwick
lihan161...@sbcglobal.net wrote:
 I believe that's the only rational assumption around which to design any
 regulatory strategy.  One of the assumptions is that the regulation must
 evolve with the market and take exactly that sort of gaming the system into
 account.

But in practice government bureaucracy does not manage to keep the
regulations -- the huge number of complex regulations, which interact
with each other in unpredictable ways -- in sync with the market
players. Government is far too slow to keep up, and not nearly clever
enough to reign in millions of highly-motivated individuals all trying
to accomplish their goals.


 At this point I have to ask exactly what your concept of regulation *is*,
 because it seems to be very different from mine.

I think my view of regulation is less theoretical and idealized than
yours. I do not see regulation as behaving at all as the designers
expect. The systems involved are far too complex to be understood and
predicted. In most cases, regulation causes more problems than it
prevents. Here is an example of what I am talking about:

Cause and Effect - Government Policies and the Financial Crisis
Peter J. Wallison

http://www.rgemonitor.com/financemarkets-monitor/255258/cause_and_effect_-_government_policies_and_the_financial_crisis

| Although the media are full of talk that we face a crisis of
| capitalism, the underlying cause of the financial meltdown is something
| much more mundane and practical--the housing, tax, and bank regulatory
| policies of the U.S. government. The Community Reinvestment Act
| (CRA), Fannie Mae and Freddie Mac, penalty-free refinancing of home
| loans, tax preferences granted to home equity borrowing, and reduced
| capital requirements for banks that hold mortgages and mortgage-backed
| securities (MBS) have all weakened the standards for granting mortgages
| and the housing finance system itself. Blaming greedy bankers,
| incompetent rating agencies, or other actors in this unprecedented
| drama misses the point--perhaps intentionally--that government policies
| created the incentives for both a housing bubble and a reduction in the
| bank capital and home equity that could have mitigated its effects. To
| prevent a recurrence of this disaster, it would be far better to change
| the destructive government housing policies that brought us to this
| point than to enact a new regulatory regime that will hinder a quick
| recovery and obstruct future economic growth.

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Re: Regulation and the financial crisis

2009-09-14 Thread Nick Arnett
On Mon, Sep 14, 2009 at 10:48 AM, John Williams jwilliams4...@gmail.comwrote:



 I think my view of regulation is less theoretical and idealized than
 yours. I do not see regulation as behaving at all as the designers
 expect. The systems involved are far too complex to be understood and
 predicted. In most cases, regulation causes more problems than it
 prevents. Here is an example of what I am talking about:


This is the same old baloney about government policy causing these problems,
which has been thoroughly debunked -- notice that even Forbes magazine takes
it as a given that it was the lack of regulation, not bad regulation, that
enabled the problems we're talking about. You haven't explained the
astonishing coincidence that all this started after Congress passed the
Commodity Futures Modernization Act of 2000.  Are you going to claim that
that bill instituted regulations?  If so, you're crazy.  It was
*deregulation* that allowed derivatives trading to lose all touch with
reality by erasing laws that had been in place for half a century to prevent
this kind of gambling and theft.

Your views are almost totally ideological - you take it as a given that
government regulation is bad, as you've said right here.  That's as
ideological as it gets, especially since the only way you have ever managed
to refute the mainstream thinking is by repeating the same ideology over and
over and citing sources that are as biased as you are.  And that doesn't
make it true, so maybe it's time to stick a sock in it.  The fact is that
all this was enabled when Congress passed that bill, which was heavily
supported by the financial industry.  Arguing that Congress's mistake proves
government is bad at regulation is like asking a court for mercy because
you're an orphan after you murdered your parents.

Nick
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Re: Regulation and the financial crisis

2009-09-14 Thread John Williams
There appears to be some ignorance masquerading as certainty floating
around here. In the interest of reducing ignorance and increasing
humility, here are some educational papers.

The Financial Crisis and the Policy Responses:  An Empirical Analysis of
What Went Wrong
John B. Taylor

http://www.stanford.edu/~johntayl/FCPR.pdf

| In this paper I have provided empirical evidence that government
| actions and interventions caused, prolonged, and worsened the
| financial crisis. They caused it by deviating from historical
| precedents and principles for setting interest rates, which had worked
| well for 20 years. They prolonged it by misdiagnosing the problems
| in the bank credit markets and thereby responding inappropriately
| by focusing on liquidity rather than risk. They made it worse by
| providing support for certain financial institutions and their
| creditors but not others in an ad hoc way without a clear and
| understandable framework. While other factors were certainly at play,
| these government actions should be first on the list of answers to the
| question of what went wrong.


Causes of the Financial Crisis
Viral V. Acharya and Matthew Richardson

http://pages.stern.nyu.edu/~sternfin/vacharya/public_html/acharya_richardson_critical.pdf

| ABSTRACT: Why did the popping of the housing bubble bring the
| financial system—rather than just the housing sector of the
| economy—to its knees? The answer lies in two methods by which
| banks had evaded regulatory capital requirements.  First, they
| had temporarily placed assets—such as securitized mortgages—
| in off-balance-sheet entities, so that they did not have to hold
| significant capital buffers against them. Second, the capital
| regulations also allowed banks to reduce the amount of capital
| they held against assets that remained on their balance sheets—
| if those assets took the form of AAA-rated tranches of securitized
| mortgages. Thus, by repackaging mortgages into mortgage-backed
| securities, whether held on or off their balance sheets, banks reduced
| the amount of capital required against their loans, increasing
| their ability to make loans many-fold. The principal effect of this
| regulatory arbitrage, however, was to concentrate the risk of mortgage
| defaults in the banks and render them insolvent when the housing
| bubble popped.


THE REGULATED MELTDOWN OF 2008
Juliusz Jablecki and Mateusz Machaj

| ABSTRACT: Capital regulations stemming from the Basel accords
| created incentives for banks to securitize mortgages, even risky
| ones; hold them at a correspondingly low Basel risk weight; or
| shift them off of banks’ balance sheets to obtain even greater
| leverage. Securitization was praised by economists and regulators for
| dispersing risks to investors across the world, providing greater
| resilience to the financial system. However, since in reality banks
| tended to hold onto securitized assets—either on their balance
| sheets or off of them, in off-balance-sheet entities—the accumulated
| credit risk remained with the banks, especially in the “shadow
| banking sector.” This explains the heightened vulnerability of the
| financial system to a sudden collapse.


The Credit Rating Agencies: Understanding Their Central Role in
the Subprime Debacle of 2007-2008
Lawrence J. White

http://w4.stern.nyu.edu/economics/docs/workingpapers/2009/credit%20rating%20agencies.critical%20review.revised%204-8-09.pdf

| The three major credit rating agencies -- Moody's, Standard  Poor's,
| and Fitch -- played a central role in the subprime mortgage debacle
| of 2007-2008. That centrality was not accidental.  Seven decades of
| financial regulation propelled these rating agencies into the center
| of the bond information market, by elevating their judgments about
| the creditworthiness of bonds so that those judgments attained the
| force of law. The Securities and Exchange Commission exacerbated this
| problem by erecting a barrier to entry into the credit rating business
| in 1975. Understanding this history is crucial for any reasoned debate
| about the future course of public policy with respect to the rating
| agencies.

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Re: Regulation and the financial crisis

2009-09-14 Thread John Williams
Three Myths about the Crisis
Jeffrey Friedman

http://causesofthecrisis.blogspot.com/2009/09/three-myths-about-crisis-bonuses.html

...

| To be sure, banks that bought mortgage-backed securities to reduce
| their capital cushions were, indeed, knowingly increasing their
| vulnerability if the securities went sour.[6] But absent the Recourse
| Rule, there is no reason that banks seeking a safe way to increase
| their profitability would have converged on asset-backed securities
| (rather than Treasurys or triple-A corporate bonds); thus, they would
| not have been so vulnerable to a burst housing bubble. The Recourse
| Rule artificially boosted the profitability of a certain type of
| investment that the Fed, the FDIC, and the other regulators thought
| was safe.

| We know in retrospect that the capitalists who took advantage of the
| Recourse Rule, such as those at Citibank, were making a mistake. But
| not all capitalists did. JPMorgan, for instance, recognized the danger
| and escaped destruction. None of these capitalists were irrational;
| all were self-interested; yet they had different perceptions of how to
| pursue their self-interest, based on different perceptions of risk.

| In relatively unregulated markets, this diversity of viewpoints is
| precisely what makes capitalism work. One capitalist thinks that
| profit can be made, and loss avoided, by pursuing theory A; another,
| by pursuing theory B. These heterogeneous strategies compete with each
| other, and the better ideas produce profits rather than losses. In a
| complex world where nobody really knows what will work until it is
| tried, competition is the only way that people’s endless capacity
| for error can be checked, and loss is the regrettable but inescapable
| result.

| In the banking industry, however, bankers’ heterogeneous ideas
| were homogenized (although not entirely) by the Recourse Rule, which
| loaded the dice in favor of the regulators’ idea of where risk
| did and did not lie. The regulators thought that AA or AAA tranches
| of asset-backed securities were 60-percent safer than individual
| mortgages. This was not an “irrational” theory, either: The
| tranching structure created by Moody’s, Standard and Poor, and Fitch
| had a lot to be said for it, and even the little-known fact that the
| SEC had effectively conferred oligopoly status on these three rating
| companies[7] did not guarantee that disaster would follow. But the
| crucial fact is that the Recourse Rule imposed a new profitability
| gradient over the bankers’ calculations, producing the same effect
| intended by all regulations: It altered their behavior, the better to
| align with the regulators’ ideas--in this case, their ideas about
| prudent banking. By thus homogenizing the inherently heterogeneous
| competitive process, the regulators inadvertently made the banking
| system more vulnerable--if, in fact, the regulators’ theory was
| wrong.

| If we seek the sources of a systemic failure, a logical place
| to look is among the legal rules that govern the system as a
| whole. Unfortunately, these rules, being legal mandates, have not
| survived a competitive process, so if they are based on mistaken
| ideas, we all suffer the consequences. That turned out to be the case
| with the Recourse Rule.

| Contrary to popular belief, then, the crisis of 2008 is best described
| as a crisis of regulation—not a crisis of capitalism.

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Re: Regulation and the financial crisis

2009-09-14 Thread John Williams
On Mon, Sep 14, 2009 at 12:56 PM, Nick Arnett nick.arn...@gmail.com wrote:


 On Mon, Sep 14, 2009 at 11:57 AM, John Williams jwilliams4...@gmail.com
 wrote:

 There appears to be some ignorance masquerading as certainty floating
 around here. In the interest of reducing ignorance and increasing
 humility, here are some educational papers.

 The Financial Crisis and the Policy Responses:  An Empirical Analysis of
 What Went Wrong
 John B. Taylor

 http://www.stanford.edu/~johntayl/FCPR.pdf


 Interesting that you chose not to quote the paragraph that describes his
 opinion of the heart of the financial crisis.

It seems to have been summarized by the part I excerpted, which was
Taylor's conclusion. The big MBS push was largely an unintended
consequence of government regulations. And it was made worse by
government regulations, as described in the paragraph after the one
you quoted:

| In the United States there were other government actions at play
| here. The government sponsored agencies Fannie Mae and Freddie Mac were
| encouraged to expand and buy mortgage backed securities, including those
| formed with the risky sub-prime mortgages. While legislation, such
| as the Federal Housing Enterprise Regulatory Reform Act of 2005, was
| proposed to control 9 these excesses, it was not passed into law. These
| actions of these agencies should be added to the list of government
| interventions that were part of the problem.

 The behavior he describes
 below is precisely what the Commodity Futures Modernization Act of 2000 made
 lawful by removing the regulatory barriers that were in place for decades.

Where does Taylor write that? Or do you claim it from another source?
If so, what source?

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Re: Regulation and the financial crisis

2009-09-14 Thread Nick Arnett
On Mon, Sep 14, 2009 at 1:08 PM, John Williams jwilliams4...@gmail.comwrote:


  Interesting that you chose not to quote the paragraph that describes his
  opinion of the heart of the financial crisis.

 It seems to have been summarized by the part I excerpted, which was
 Taylor's conclusion.


Oh, come on.  When somebody says that X is the heart of the problem,
that's not subject to your interpretation.  The paragraph you chose was just
the one that supported your argument best.  Never bet that people here won't
go look at the sources you cite.  Or that we're stupid.


Where does Taylor write that? Or do you claim it from another source?
 If so, what source?


He didn't need to write it, any more than he needed to write that the sky is
blue.  He was describing the behavior that was illegal for decades.

Nick
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Re: Regulation and the financial crisis

2009-09-14 Thread John Williams
On Mon, Sep 14, 2009 at 1:30 PM, Nick Arnett nick.arn...@gmail.com wrote:


 On Mon, Sep 14, 2009 at 1:08 PM, John Williams jwilliams4...@gmail.com
 wrote:

  Interesting that you chose not to quote the paragraph that describes his
  opinion of the heart of the financial crisis.

 It seems to have been summarized by the part I excerpted, which was
 Taylor's conclusion.

 Oh, come on.  When somebody says that X is the heart of the problem,
 that's not subject to your interpretation.   The paragraph you chose was just
 the one that supported your argument best

How about when someone writes an article, and at the end puts a
heading Conclusion? What is your interpretation of that?

Taylor also wrote a similar paper to the one I referenced, but
unfortunately the full-text of the article is not available online, as
far as I can tell. But it has an abstract he wrote, and so should
settle this silly argument over what Taylor considered most important:

ECONOMIC POLICY AND THE FINANCIAL CRISIS: AN EMPIRICAL ANALYSIS OF WHAT
WENT WRONG
John B. Taylor

| ABSTRACT: The financial crisis was in large part caused, prolonged,
| and worsened by a series of government actions and interventions. The
| housing boom and bust that precipitated the crisis were enabled
| by extraordinarily loose monetary policy. After the housing
| boom came to an end, the Federal Reserve misdiagnosed financial
| markets’ uncertainty about the location and value of risky subprime
| mortgagebacked securities as being, instead, a liquidity problem, and
| it took inappropriate compensatory actions that had side effects that
| included raising the price of oil. Finally, in mid-September 2008,
| the government’s ad-hoc bailouts, and the unpredictable terms of
| the proposed TARP legislation, appear to have caused a sharp spike in
| uncertainty in the financial markets.


 Never bet that people here won't
 go look at the sources you cite.  Or that we're stupid.

Huh? I provided the links so that anyone interested could read the
entire article.

 He didn't need to write it, any more than he needed to write that the sky is
 blue.  He was describing the behavior that was illegal for decades.

Is that your way of saying that you do not have a reference to cite
about your claim?

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Re: Regulation and the financial crisis

2009-09-14 Thread Ronn! Blankenship

At 01:28 PM Monday 9/14/2009, Nick Arnett wrote:


On Mon, Sep 14, 2009 at 10:48 AM, John Williams 
mailto:jwilliams4...@gmail.comjwilliams4...@gmail.com wrote:



I think my view of regulation is less theoretical and idealized than
yours. I do not see regulation as behaving at all as the designers
expect. The systems involved are far too complex to be understood and
predicted. In most cases, regulation causes more problems than it
prevents. Here is an example of what I am talking about:


This is the same old baloney about government policy causing these 
problems, which has been thoroughly debunked -- notice that even 
Forbes magazine takes it as a given that it was the lack of 
regulation, not bad regulation, that enabled the problems we're 
talking about. You haven't explained the astonishing coincidence 
that all this started after Congress passed the Commodity Futures 
Modernization Act of 2000.  Are you going to claim that that bill 
instituted regulations?  If so, you're crazy.  It 
was  *deregulation* that allowed derivatives trading to lose all 
touch with reality by erasing laws that had been in place for half a 
century to prevent this kind of gambling and theft.


Your views are almost totally ideological - you take it as a given 
that government regulation is bad, as you've said right 
here.  That's as ideological as it gets, especially since the only 
way you have ever managed to refute the mainstream thinking is by 
repeating the same ideology over and over and citing sources that 
are as biased as you are.  And that doesn't make it true, so maybe 
it's time to stick a sock in it.  The fact is that all this was 
enabled when Congress passed that bill, which was heavily supported 
by the financial industry.  Arguing that Congress's mistake proves 
government is bad at regulation is like asking a court for mercy 
because you're an orphan after you murdered your parents.




Not that that hasn't been tried, too. :(


. . . ronn!  :)



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Re: Regulation and the financial crisis

2009-09-14 Thread Andrew Crystall
On 14 Sep 2009 at 18:53, Ronn! Blankenship wrote:

 by the financial industry.  Arguing that Congress's mistake proves 
 government is bad at regulation is like asking a court for mercy 
 because you're an orphan after you murdered your parents.
 
 Not that that hasn't been tried, too. :(

Isn't that a stock example of Chutzpah?

AndrewC

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Re: Regulation and the financial crisis

2009-09-14 Thread Nick Arnett
On Mon, Sep 14, 2009 at 5:36 PM, Andrew Crystall
dawnfal...@upliftwar.comwrote:

 On 14 Sep 2009 at 18:53, Ronn! Blankenship wrote:

  by the financial industry.  Arguing that Congress's mistake proves
  government is bad at regulation is like asking a court for mercy
  because you're an orphan after you murdered your parents.
 
  Not that that hasn't been tried, too. :(

 Isn't that a stock example of Chutzpah?


Indeed.

Nick
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Regulation and the financial crisis

2009-09-09 Thread John Williams
http://www.american.com/archive/2009/september/regulation-and-the-financial-crisis-myths-and-realities

| Myth 1: Banking regulators were in the dark as new financial
| instruments reshaped the financial industry.

| Myth 2: Deregulation allowed the market to adopt risky practices, such
| as using agency ratings of mortgage securities.

| Myth 3: Policy makers relied too much on market discipline to regulate
| financial risk taking.

| Myth 4: The financial crisis was primarily a short-term panic.

| Myth 5: The only way to prevent this crisis would have been to have
| more vigorous regulation

...

| The biggest myth is that regulation is a one-dimensional problem, in
| which the choice is either “more” or “less.” From this myth,
| the only reasonable inference following the financial crisis is that
| we need to move the dial from “less” to “more.”

| The reality is that financial regulation is a complex problem. Indeed,
| many regulatory policies were major contributors to the crisis. To
| proceed ahead without examining or questioning past policies,
| particularly in the areas of housing and bank capital regulation,
| would preclude learning the lessons of history.

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Government Regulation

2008-11-16 Thread Jon Louis Mann
 Exactly how does what work? Government 
 regulation? Not very well.

really, how so?  cite examples please and explain how well de-regulation 
works...


  
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Regulation and deficit spending

2008-11-15 Thread Jon Louis Mann
  I'm done with this conversation since
  you ducked my question about what
  should replace government regulation.

  our resident troll does that a lot. i
  suspect he is an ayn rand, libertarian
  wannabe, or he just likes to agitate.  
 one would think that the current
  collapse would wake this guy up.

 It depends on what they think is the 
 cause of the current collapse. If you're
 crazy enough, I am pretty sure you can 
 blame it on what little regulation remained
 getting in the way of good, honest business  
 people trying to do good, honest business.

 I'm so tired of that old song. They've been 
 singing it since FDR, and it's still not true,
 although they've sung it so long and so loud 
 that it has actually bent many millions of 
  minds into thinking that it is common sense.
 It never was, it is not now, it never will be.
 Dave

i still don't understand how regulation is to  blame; i would sure like to hear 
some examples from someone...   

i'm not saying de-regulation is the only cause of the current crisis.  there 
are many other factors.  the iraq war had a lot to do with it, which made a lot 
of money for arms dealers, war contractors, etc.   bush's cronys and other 
opportunists also did well with the real estate and other bubbles.  now they 
will all be buying and selling their ill gotten capital and bailout subsidies 
to make even more during the continuing wild market fluctuations.   

Just like the crash of '29 cured many of the excesses from selling on margin, a 
way was found around such regulations, thanks again to the bush administration 
and his chainsaw surrogates.  i wonder how long the lessons being learned from 
current excesses will prevent greed in the future?  a way will be found...  

we have a deficit economy; it served a purpose at one time, but it is way out 
of control.  pouring taxpayer liens in at the top of the financial system is 
not the answer.  people are out of work.  now people are beginning to start to 
live within their  means.  

now is a good time to play the market corrections if you have disposable cash, 
or can get some of that bailout money  now is the time for a new new deal 
to deal with america's. infrastructure projects.

now that the rest of the world is feeling the domino effect of globalization, 
it is time to turn away from unrestrained growth.  the developing nations 
should see where it leads and start producing for themselves, instead of 
sending the fruit of their workers' labors to us.  maybe they will see how the 
bankers, brokers, agents, arms dealers and other contract pimps are ripping off 
the disenfranchised.  

we need a new, green socialism model that conserves the earth's resources, 
recycles industrial waste, reuses, rebuilds and extends the longevity of 
technology rather than designing products to wear out in three years or less, 
so they can be trashed for the next version.  

if governments are going to indulge in deficit spending then do it creating 
jobs in cleaning up the planet, health care, education and other creative, 
rather than destructive enterprises...
jon




  
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Re: Regulation and deficit spending

2008-11-15 Thread John Williams
On Sat, Nov 15, 2008 at 11:32 AM, Jon Louis Mann
[EMAIL PROTECTED] wrote:

 i still don't understand how regulation is to  blame; i would sure like to 
 hear some examples from someone...

I know you were on this list before September 23. Maybe you weren't
interested in examples then? If you are now, then check the archive:

http://www.mccmedia.com/pipermail/brin-l/Week-of-Mon-20080922/144140.html
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Re: Regulation and deficit spending

2008-11-15 Thread Nick Arnett
On Sat, Nov 15, 2008 at 1:03 PM, John Williams [EMAIL PROTECTED]wrote:

 On Sat, Nov 15, 2008 at 11:32 AM, Jon Louis Mann
 [EMAIL PROTECTED] wrote:

  i still don't understand how regulation is to  blame; i would sure like
 to hear some examples from someone...

 I know you were on this list before September 23. Maybe you weren't
 interested in examples then? If you are now, then check the archive:

 http://www.mccmedia.com/pipermail/brin-l/Week-of-Mon-20080922/144140.html


Ah, yes, the McCain argument that Fannie Mae and Freddie Mac (via the CRA)
supposedly caused the sub-prime meltdown.  The only trouble with that
explanation is that it is baloney.  You have confused the tail with the
dog. Those two were LOSING market share rapidly from 2002 to 2007 as the
sub-prime market exploded, led not by them (or they'd have increased their
share) but by investment bankers and mortgage brokers.  They only got
involved (unfortunately) after the private market led them there.

So, any *real* examples of how government regulation caused the sub-prime
crisis?

Nick
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Regulation and deficit spending

2008-11-15 Thread Jon Louis Mann
  i still don't understand how regulation is to  blame; i would sure like
 to hear some examples from someone...

 I know you were on this list before September 23. Maybe you weren't
 interested in examples then? If you are now, then check the archive:

 http://www.mccmedia.com/pipermail/brin-l/Week-of-Mon-20080922/144140.html

long before september 13th, but i don't read everything.  if i read your posts, 
it is usually because you comment to one of mine, or i get drawn in by someone 
else's, who you insulted.  

anyway, my question was how REGULATION was to blame for the meltdown.  

i recognize there are other causes, even some preceding bush.  i have stated 
many times that the he (and his cronys) are the single most responsible causes 
of the crisis becoming critical.  fannie and freddie had far, far less to do 
with it, after it was well on the way.  

i am still waiting for ANY genuine examples of how government regulation caused 
the sub-prime crisis?
jon


  
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Re: Regulation and deficit spending

2008-11-15 Thread John Williams
On Sat, Nov 15, 2008 at 1:56 PM, Nick Arnett [EMAIL PROTECTED] wrote:

 Ah, yes, the McCain argument that Fannie Mae and Freddie Mac (via the CRA)
 supposedly caused the sub-prime meltdown.  The only trouble with that
 explanation is that it is baloney.  You have confused the tail with the
 dog. Those two were LOSING market share rapidly from 2002 to 2007 as the
 sub-prime market exploded, led not by them (or they'd have increased their
 share) but by investment bankers and mortgage brokers.  They only got
 involved (unfortunately) after the private market led them there.

Actually, FNM and FRE are the largest players in the mortgage markets,
by far. Looking at their combined (both companies) assets, from 1998
to 2008, they are 806, 962, 1134, 1417, 1640, 1813, 1816, 1640, 1657,
1677, 1776 billion dollars.  That is $1.776 trillion even today! Total
assets did go down a bit in 2005, but they have since come back up
almost to the 2004 levels (of course, if the bad mortgages were marked
down it may be lower).

The government subsidizes FNM and FRE (through the implicit guarantee
and the loose capital requirements) so that they can borrow money at
lower rates, thereby having lower costs than all of the competition.
This has the effect of making business tough for any smaller players,
without government subsidies, trying to compete in the prime mortage
market. It is not surprising that many of them resorted to subprime,
where FNM and FRE initially did not play. If that is not bad enough
for you, then FNM and FRE were pushed by Congress to help support
low-income borrowers. Their management knew it was a bad idea, so
instead of directly buying subprime mortgages, they bought mortgage
backed securities that contained subprime loans. Since FNM and FRE are
so huge, this significantly increased the demand for subprime
mortgages, and again, it is not surprising that people started making
the subprime loans to sell those subprime mortgages.

By the way, do you really get your information from McCain? I don't
think I mentioned McCain in my examples, so I don't really understand
why you brought him up.

 So, any *real* examples of how government regulation caused the sub-prime
 crisis?

Not all of the reasons I listed involved FNM and FRE.
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Government regulation

2008-11-01 Thread Jon Louis Mann
 I'm done with this conversation since 
 you ducked my question about what
 should replace government regulation.

our resident troll does that a lot.  i suspect he is an ayn rand libertarian 
wannabe, or he just likes to agitate.  one would think that the current 
collapse would wake these people up.
jon  


  
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Government regulation

2008-11-01 Thread Jon Louis Mann
  tired of the repetition of one answer 
 to every problem, because some things 
  are just not nails.

 Government regulations are definitely 
 not nails. Ticking time bombs would 
 be a better metaphor.


the economic boom due to unregulated greed has turned into an exploded bomb - 
no longer ticking...
jon


  
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Re: Government regulation

2008-11-01 Thread Dave Land
On Nov 1, 2008, at 2:19 PM, Jon Louis Mann wrote:

 I'm done with this conversation since
 you ducked my question about what
 should replace government regulation.

 our resident troll does that a lot.  i suspect he is an ayn rand  
 libertarian wannabe, or he just likes to agitate.  one would think  
 that the current collapse would wake these people up.

It depends on what they think is the cause of the current collapse. If  
you're crazy enough, I am pretty sure you can blame it on what little  
regulation remained, getting in the way of good, honest business  
people trying to do good, honest business.

I'm so tired of that old song. They've been singing it since FDR, and  
it's still not true, although they've sung it so long and so loud that  
it has actually bent many millions of minds into thinking that it is  
common sense.

It never was, it is not now, it never will be.

Dave

Government is what we let it be.

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Re: Government regulation

2008-11-01 Thread David Land
On Sat, Nov 1, 2008 at 2:22 PM, Jon Louis Mann [EMAIL PROTECTED] wrote:

 the economic boom due to unregulated greed has turned into an exploded bomb - 
 no longer ticking...

I like what Tom Evslin had to say about this at http://budurl.com/ejfz:

This correction from excess has been violent and in many ways
harmful but it HAS cured many of the excesses; the goal
shouldn't be to reestablish them. We don't want housing prices
to boom out of reach again; we don't want oil prices to go up or
credit to be extended promiscuously; we don't want a banking
economy based on the third derivative of valueless debt. We need
to be wary of those crying crisis because they have a solution
to sell. We've already gone too far in pouring aid in at the top
of the financial system hoping (to put a good light on it) that
it'll trickle down.

We will need to cushion some of the pain at the bottom of the
economic heap; there'll be more need for unemployment insurance
before there's less. We can't afford to let starved states cut
back on infrastructure projects both for the sake of the
infrastructure and for the sake of the economy. But we also want
the excesses that have been corrected stay corrected – at least
until the next bubble.

We also want the excesses that have been corrected to stay
corrected. A nice dream.

Dave
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Re: Government regulation

2008-11-01 Thread David Land
To give credit where it is due: Tim O'Reilly posted a reply on Twitter
(@timoreilly) to Tom Evslin's (@tevslin) piece.

On Sat, Nov 1, 2008 at 3:52 PM, David Land [EMAIL PROTECTED] wrote:
 On Sat, Nov 1, 2008 at 2:22 PM, Jon Louis Mann [EMAIL PROTECTED] wrote:

 the economic boom due to unregulated greed has turned into an exploded bomb 
 - no longer ticking...

 I like what Tom Evslin had to say about this at http://budurl.com/ejfz:

This correction from excess has been violent and in many ways
harmful but it HAS cured many of the excesses; the goal
shouldn't be to reestablish them. We don't want housing prices
to boom out of reach again; we don't want oil prices to go up or
credit to be extended promiscuously; we don't want a banking
economy based on the third derivative of valueless debt. We need
to be wary of those crying crisis because they have a solution
to sell. We've already gone too far in pouring aid in at the top
of the financial system hoping (to put a good light on it) that
it'll trickle down.

We will need to cushion some of the pain at the bottom of the
economic heap; there'll be more need for unemployment insurance
before there's less. We can't afford to let starved states cut
back on infrastructure projects both for the sake of the
infrastructure and for the sake of the economy. But we also want
the excesses that have been corrected stay corrected – at least
until the next bubble.

 We also want the excesses that have been corrected to stay
 corrected. A nice dream.

 Dave

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Regulation

2008-09-16 Thread Jon Louis Mann
 The solution is simple. He must have more children! We need
 a new regulation.

right john, just like the economic policies mc cain wants to continue without, 
despite the mess the bush created.
jon


  
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