Re: quick question

2003-07-16 Thread Carrol Cox
Eubulides wrote:

 Right but the dictionary entry is saying 1873. I'm reading a review of
 Heckscher's book [it's Tuesday and I don't have a tv :-)] and I'm asking
 in an historiographical and nominalist sense...


OED Online gives first date as 1838. But I can't find their bibliography
of sources so I don't know what kind of asource they took the quote
from. New Moral World 22 Dec. 142/2. I don't have the foggiest idea what
the New Moral World was. For mercantile system the earliest source
given, as Michael says, is Smith.

Carrol


Reporters Without Borders: pro-USA

2003-07-16 Thread Louis Proyect
As has become obvious, the measures taken recently by the Cuban 
government to defend the revolution have become a 'cause celebre' for 
liberals worldwide. The other day I posted a response to the Committee 
to Protect Journalists (CPJ), a group that had taken up this cause 
despite the fact that its corporate funders (CNN, Bloomberg et al) are 
among the world's biggest enemies of freedom of the press. The CPJ's 
model only takes into account the kind of repression visited on 
reporters in third world dictatorships typically. If CNN and the Murdoch 
press can swamp the TV's and newsstands of that same country drowning 
out the local competition, it would hardly raise an eyebrow in these 
quarters.

You find the same exact mind-set at the Paris-based Reporters Without 
Borders (Reporters Sans Frontières--RSF), a group that seems inspired 
by Doctors Without Borders, which also got started in France. You'll 
recall that this group was very involved in pushing war against 
Yugoslavia and that its director Bernard Kouchner was rewarded with the 
post of colonial administrator in Kosovo.

If you go to the Reporters Without Borders (http://www.rsf.org/), 
you'll discover a large graphic that announces that Cuba is The World's 
Biggest Prison, something that would be news to anybody who lives in 
the USA, where 2 million people are behind bars--a rate 6 to 10 times 
higher than any other industrialized nation. According to a report 
issued by the British government (http://www.homeoffice.gov.uk/), the 
USA has a prison population of 1,962,220 while Cuba's is about 33,000. 
This translates into 686 prisoners per 100,000 in the USA and 297 per 
100,000 in Cuba.

In keeping with a general softness on the world's biggest threat to 
democracy, RSF also includes a map of the world on their home page with 
colors ranging from pure as the driven snow white to shocking and sinful 
red, with various shadings of pink in the middle. White signifies a 
good situation, while red stands for a serious situation. It should 
come as no surprise that the USA is pure white, while Cuba is the purest 
red.

Venezuela is another country singled out for repression against 
reporters by both the CPJ and RSF. Since they have no concept how 
privately owned media can represent as much of a threat to the free flow 
of information as government censorship, they take sides against Hugo 
Chavez who was the target of a general strike fomented by the ruling 
class and the newspapers and TV stations they own. Naomi Klein took them 
to task in a February 18, 2003 Guardian article:

During the recent strike organised by the oil industry, the stations 
broadcast an average of 700 pro-strike advertisements every day. Chavez 
has decided to go after the TV stations in earnest, with an 
investigation into violations of broadcast standards and a new set of 
regulations. Don't be surprised if we start shutting down television 
stations, he said in January.

The threat has sparked condemnations from the Committee to Protect 
Journalists and Reporters Without Borders. And there is reason for 
concern: the media war in Venezuela is bloody, with attacks on both pro- 
and anti-Chavez media outlets. But attempts to regulate the media aren't 
an attack on press freedom, as CPJ claimed - quite the opposite.

Venezuela's media, including state TV, needs controls to ensure balance. 
Some of Chavez's proposals overstep these bounds. But it is absurd to 
treat Chavez as the principal threat to a free press. That honour goes 
to the media owners. This has been lost on groups entrusted to defend 
press freedom, still stuck in a paradigm in which all journalists want 
to tell the truth and all threats come from nasty politicians and angry 
mobs.

Every so often, the naked hostility of RSF to challenges against the 
free corporate media is bared. In their 2003 Annual Report, they 
fulminate against UN bids to address this problem:

A new example of the spineless attitude of Western democracies 
towards authoritarian regimes are preparations for the UN World Summit 
on the Information Society. . .In fact, the idea of the information 
society summit quietly harks back to what was known in the 1970s and the 
1980s as the New World Information Order, when a rag-bag alliance of 
communist regimes, African and Asian despots and Western Third-Worldist 
intellectuals used the presence of an African at the head of UNESCO to 
try to bring the flow of international news under the control of 
governments, officially (of course) for the benefit of the people.  They 
said the world's news was dominated by the corporate media of the 
capitalist West and aimed to rein them in, leaving ordinary people in 
ignorance. It reeked of the old totalitarian notion of the supreme 
guide who knows better than you what's good for you. The whole 
repressive concept led the United States and Britain to withdraw from 
UNESCO. This was enough of a jolt to kill off the idea.

Can't you see the bitter 

Re: Market motivation

2003-07-16 Thread andie nachgeborenen
--- ravi [EMAIL PROTECTED] wrote:
 andie nachgeborenen wrote:
  Is the sugfgestion that the sexual favors of young
 men
  are like toxic waste? Well, ladies, whaddya think?
 Are
  we that bad?
 

 waitaminit! are you calling yourself a young man?
 ;-) ;-)

 --ravi

Who do you think you are, my teenage daughter, who
announced the day before yesterday that her mother and
I were incredibly OLLLD, like rilly _ancient_, and we
were foolin ourselvesif we thought we didn't have a
foot in the grave? I'll do as a young-enough man,
unless you want a baby ;- I still have decided what
I'm going to be when I grow up. jks


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Re: DU

2003-07-16 Thread Les Schaffer
Michael Pollak:

 And isn't the reason that DU munitions are so effective at
 penetrating armor (which is why the military is so loathe to give
 them up) because they ignite on contact -- thereby turning most of
 their mass into just this kind of dust?

almost.

typically, DU ammo is fired at such high velocities that upon impact
with armor, both the projectile and the armor cladding become quite
hot and almost fluid-like. the DU projectiles are believed to have a
self-sharpening caharacteristic, in that as they bore through the
pseudo-liquid armor, they shed (shear) material off themselves in just
such a way as to maintain a sharp tip in front. this aids in further
penetration. tests apprently showed a 10-20% improvement over tungsten
ammo, which was the predecessor in the hardened ammo repertoire.

by the time the DU projectile bores through the armor plating, a
significant fraction (20 - 70%% or higher) of its mass can pop out the
other side in the form of dust/vapor which is indeed highly
combustible/exposive in air.

the touted advantages of DU ammo by the military thus stem from three
factors: the high mass density of DU (see physics links below) along
with self-sharpening allows for higher penetration depths for a given
firing speed. it has also been pointed out that these high density
projectiles, due to their typical construction as long thin arrow
shaped rods that gives them decreased air drag at a given firing
speed, allow troops to fire from much farther away than with typical
ammo. you can then understand the US mil's fondness for these weapons
in terms of potential reduction in allied troop losses due to
remaining large distance from the enemy.

[ incidentally, uranium as projectile and uranium as nuclear material
is not an accident. high density comes from such a high mass
concentration in nuclear core. this also puts it near the nuclear
stability limit, such that smacking it with an energetic neutron
produces high energy fragments PLUS more neutrons, and hence chain
reaction. ]

some URL's i've collected:

  1.) one stop shopping for anything you want to know about the
  radiological properties of uranium and relatives:

  http://www.antenna.nl/wise/uranium/index.html
  http://www.antenna.nl/wise/uranium/rup.html

  note in particular that depleted uranium actually increases in
  radioactivity over time, due to the complex web of nuclear reactions
  which can take place.


  2.) a very interesting paper on DU:

  http://arxiv.org/abs/physics/0301059

  which argues that these are next-generation nuclear weapons. the
  author makes a case that the relative advantages of DU over tungsten
  clad ammo in terms of penetration capability are not significant
  enough to explain US mil's fondness for these weapons. i'll probably
  write a summary of this paper at some point.


  3.) re/ Eublides post yesterday on grid parallel computers, there is
  a large effort to simulate these high-velocity impacts of DU ammo
  using parallel systems:

  http://www.hpcmo.hpc.mil/Htdocs/UGC/UGC02/paper/tom_kendall_paper.pdf
  http://www.sv.vt.edu/research/batra-stevens/pent.html
  http://scholar.lib.vt.edu/theses/available/etd-3753128097370/

  one example of the unity of weapons simulation and computational
  systems development.  there is some debate over the actual
  mechanisms for self-sharpening, hence the effort at using parallel
  computer systems.


  4.) physics of DU penetration abilities (and dust generation):

  http://arxiv.org/abs/physics/0305120
  http://www.ead.anl.gov/pub/doc/Depleted-Uranium.pdf  (page 2)
  http://www.army-technology.com/contractors/ammunition/apfsds.htm
  http://authors.elsevier.com/SampleCopy/700/S0734-743X(99)00032-9
  http://www.journal.dnd.ca/engraph/Vol4/no1/pdf/v4n1-p41-46_e.pdf


  5.) other suspected uses of DU clad weapons:

  http://www.eoslifework.co.uk/pdfs/DU2102A3a.pdf
  http://www.eoslifework.co.uk/pdfs/DU2102A3b.pdf

  valuable in concert with reference in 2.)


les schaffer


Transaction Costs (Re: Back to slavery)

2003-07-16 Thread andie nachgeborenen
--- Devine, James [EMAIL PROTECTED] wrote:
 Dave S. asks why transactions costs are so
 important.

 transactions costs are only important if you're
 raised as the kind of NC economist with an extremely
 naive view of markets (i.e., a Walrasian).

 Jim



??!!! Huh? Wha? Where did that come from? So, are you
saying that if we are Marxists or Institutionalists or
Austrians or Post-Kenysians we can ignore the fact
that transactions are costly, that relevant knowledge
requires effort to acquire which imposes opportunity
costs, etc? I have no idea what you are saying here,
Jim, it can't be anything that dumb. Maybe you mean
that these things are only surprising if you are an
NCE. OK, I'll buy that. But transaction costs are
incredinly important on all the other theories I
mentioned, it's just that they don't pose a serious
objection to those theories, right?

jks


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Re: Reporters Without Borders: pro-USA

2003-07-16 Thread Louis Proyect
Emily Jacquard (from rsf in Canada)
REporters without borders says that Cuba is the largest prison for
journalists in the world
Thank you for correcting me. You do in fact state this in fine print. In
any case, this does not address the main point I was making, which is
the threat posed to democracy by the corporate media. If the USA had the
right to fund whoever it liked in Cuba, it would soon be able to exert
the kind of influence it has in Venezuela. You campaign against
reporters being tortured or locked up, but you don't seem at all
bothered by the power of the US media to control information through the
power of the dollar. As A.J. Liebling once said, Freedom of the press
is guaranteed only to those who own one. Until you liberals begin to
understand and act on this, democracy will be far more threatened than
it will be by the occasional government censor. Where do you people get
your funding from, by the way? CPJ at least lists its corporate
sponsors. With outfits like Hachette Inc. doing your public relations, I
assume that your bills must be substantial.
--

The Marxism list: www.marxmail.org


Re: Transaction Costs (Re: Back to slavery)

2003-07-16 Thread Devine, James
I wrote: 
  transactions costs are only important if you're
  raised as the kind of NC economist with an extremely
  naive view of markets (i.e., a Walrasian).
 
JKS writes: 
 ??!!! Huh? Wha? Where did that come from? So, are you
 saying that if we are Marxists or Institutionalists or
 Austrians or Post-Kenysians we can ignore the fact
 that transactions are costly, that relevant knowledge
 requires effort to acquire which imposes opportunity
 costs, etc? I have no idea what you are saying here,
 Jim, it can't be anything that dumb. Maybe you mean
 that these things are only surprising if you are an
 NCE. 

that's what I was saying. 

 OK, I'll buy that. But transaction costs are
 incredinly important on all the other theories I
 mentioned, it's just that they don't pose a serious
 objection to those theories, right?

I wasn't saying that transactions costs were unimportant in practice and thus should 
be ignored. No way. After all, old Karlos didn't ignore them; nor did Joan Robinson do 
so. 

There are a lot of ideas that evoke all sorts of brouhaha nowadays (uncertainty, 
information costs, dynamics, time, non-neutral money, etc.) even though classical 
economists such as Adam Smith took them for granted. The reason why they attract 
attention is because the dominant school of economics starts with a vision of the 
world that ignored such realistic things since they start with an idealized model and 
try to figure out the world with it (rather than starting empirically). Transactions 
costs are an example of this kind of idea. 

Jim



Re: the next frontier of 'privatization'

2003-07-16 Thread ravi
Eubulides wrote:

 Computers do wondrous things, but computer science itself is largely
 a discipline of step-by-step progress as a steady stream of
 innovations in hardware, software and networking pile up. It is an
 engineering science whose frontiers are pushed ahead by people
 building new tools rendered in silicon and programming code rather
 than the breathtaking epiphanies and grand unifying theories of
 mathematics or physics.


funny, that the article starts out on the right note (by pointing out
that computer science is not much of a science) and then flip flops
between acknowledging the accidental, incrimental and non-academic
nature of computer technology (at least software/network part of it) and
the urge to make grand pronouncements about the future.

i am snipping all the amazing stuff about grid computing, to which my
response is this: in the 80s and early 90s, all the hype surrounding
computer science was artificial intelligence. impressive systems were
demonstrated (expert systems were just the tip of the iceberg, a mere
rough implementation) and various gurus of the future were proclaimed.
the govt of japan, one is told, gambled its technological future to a
fifth generation project. in the meantime, a mundane technology, the
internet, based on the notion of the stupid network
(http://www.isen.com/stupid.html), founded on pragmatic fairly
non-theoretical principles, proved to be the revolution in computer
technology in the 90s.

of course computer science was above such mundane things (which
perhaps explains the sparse contribution of bell labs, with its closed
ivory tower attitude, to the emerging technology, despite sowing the
seeds with unix back in the 60s). the hot topic in computer science
during the 90s was quantum computing. it was going to revolutionize
the science.

the we had the replacement of technology with terminology: B2B, P2P,
enterprise computing, extranet, web services, data mining, data
warehousing, etc.

somehow in the midst of all of this, actual progress is achieved! ;-)
whether grid computing is fancy technology, fancy terminology, or
something that will actually be a valuable new service on the net, i
hope will be decided through its adoption, not through its proclamation!


 Computer scientists say the contribution of Dr. Foster and Dr. Kesselman
 to grid computing is roughly similar to that made by Tim Berners-Lee to
 the development of the Web. Mr. Berners-Lee, who is now the director of
 the World Wide Web Consortium at the Massachusetts Institute of
 Technology, came up with the software standards for addressing, linking
 and sharing documents over the Web: U.R.L.'s (uniform resource locators),
 HTTP (hypertext transfer protocol) and HTML (hypertext mark-up language).


and one must remember that berners-lee was no computer scientist and
should really be remembered mostly for being at the right place at the
right time. the good thing about the evolution of the internet is that
unless you are a techie, you see very few names associated with the
evolution of the technology. the notion of hyperlinked distributed
information predates berners-lee. even in his own time systems such as
gopher and WAIS provided similar services. and nobody in the general
public knows the names of the authors of these technologies (or might
recognize, outside of marc andressen, names such as eric bina, people
who actually wrote the code for mosaic, the browser that was key to the
success of the web), leave alone the authors of such devices as the
berkeley socket library that led to these applications.

--ravi


Re: Back to slavery

2003-07-16 Thread David S. Shemano
Michael Perelman writes:

 Do lawyers really limit transactions costs. I thought that they maximized
 billable hours.

If we didn't add value, why would we be hired?

David Shemano


Re: Back to slavery

2003-07-16 Thread Kenneth Campbell
David Shemano wrote:

If we didn't add value, why would we be hired?

I think I answered that already.

Mafia.

Ken.

--
... the fear of facing the world, including its works of
literature, without an intellectual narcotic at hand.
  -- Frederick Crews


Re: Back to slavery

2003-07-16 Thread Devine, James
Maybe it's like hiring marketing experts. It's profitable for an individual to hire a 
marketing expert to try to gain a larger market share even though their work seems 
totally unproductive (producing no value) from the perspective of society as a whole. 

That said, I don't think lawyers are totally unproductive; trashing lawyers is a major 
indoor sport in the US but ignores those who are the heroes of John Grisham books 
(while often forgetting the truly evil corporate lawyers). As long as there are laws 
and conflicts, people will need lawyers. On the other hand, lawyers often seem to 
create demand for each other: I need a lawyer because the other guy has one, so their 
efforts cancel out. 


Jim Devine [EMAIL PROTECTED]   http://bellarmine.lmu.edu/~jdevine




 -Original Message-
 From: David S. Shemano [mailto:[EMAIL PROTECTED]
 Sent: Wednesday, July 16, 2003 9:45 AM
 To: [EMAIL PROTECTED]
 Subject: Re: [PEN-L] Back to slavery
 
 
 Michael Perelman writes:
 
  Do lawyers really limit transactions costs. I thought that 
 they maximized
  billable hours.
 
 If we didn't add value, why would we be hired?
 
 David Shemano
 



Re: Back to slavery

2003-07-16 Thread andie nachgeborenen
--- David S. Shemano [EMAIL PROTECTED] wrote:
 Michael Perelman writes:

  Do lawyers really limit transactions costs. I
 thought that they maximized
  billable hours.

 If we didn't add value, why would we be hired?

 David Shemano

Well, cynically, lots of folks say we write the rules
to ensure that we will be hired, that it's a huge
device for extracting rent. I mean, for example, why
should you need a lawyer for an uncontested divorce,
hmm? Just f'instance.

Now, at my firm, there's a reasonable amount of
pressure to minimize billables on any matter. Of
course you're supposed to meet your 2000 p.a., but we
are very conscious about not overbilling the client.
So much that there is a firm policy to actually bill
the hrs you actually work, because lawyers here have a
tendency to say, well, that should have only taken me
2 hrs, I worked inefficiently, I'll bill 'em for only
2. They have to tell you not to do that. If you bill
200 on a matter that the billing partner thinks should
have taken fifty, there will be a discussion.

This isn't to say that the incentive Michael talks
about doesn't exist. Btw, David, are you a  litigator
or a transactional lawyer?

jks

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lawyers!

2003-07-16 Thread Devine, James
[was: RE: [PEN-L] Back to slavery]

I wrote: 
 That said, I don't think lawyers are totally unproductive; 
 trashing lawyers is a major indoor sport in the US but 
 ignores those who are the heroes of John Grisham books (while 
 often forgetting the truly evil corporate lawyers). As long 
 as there are laws and conflicts, people will need lawyers. On 
 the other hand, lawyers often seem to create demand for each 
 other: I need a lawyer because the other guy has one, so 
 their efforts cancel out. 
 
Sometimes I think that people hate lawyers for the same reason that the Russian 
peasants that populate statistics books hated doctors: the latter hated doctors 
because they're associated with disease, blaming the symptom for the cause. 

I should mention, BTW, that JKS is the type of lawyer who would be a hero in a John 
Grisham book. He's too modest to mention this.

Jim



Re: Back to slavery

2003-07-16 Thread andie nachgeborenen
--- trashing lawyers is a major indoor
 sport in the US but ignores those who are the heroes
 of John Grisham books (while often forgetting the
 truly evil corporate lawyers).

Like me? ;-

As long as there are
 laws and conflicts, people will need lawyers. On the
 other hand, lawyers often seem to create demand for
 each other: I need a lawyer because the other guy
 has one, so their efforts cancel out.

You know the lawyer's prayer: Lord, Stir up dissension
amongst thy people!


jks


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Re: Back to slavery

2003-07-16 Thread Kenneth Campbell
Jim wrote:

That said, I don't think lawyers are totally unproductive;

I agree. The collision of individual interests has to be resolved in
some manner. No matter the system.

There will be costs.

The current system, commercially, is based on getting a commercial
lawyer to check-off your deal. Otherwise, they, or their kin, will sue
you latter to decrease the transaction cost of their own client.

Why not? System allows it... but is it factored in anywhere? Any
accountants out their?

trashing lawyers is a major indoor sport in the US

I disagree. Lawyers are just like economists... eggheads who some how
control the political life of citizens. And don't talk in full language
(Jim is obviously accepted).

However, lawyers are just more sensitive to the criticism since they are
on TV more. Perry Mason never did have a kindred soul from economics on
TV. Your honor, I contend the witness inflated the GDP numbers to cover
up the failure of the auto industry and the increase in transaction
costs off shore! Gasp from court room

On the other hand, lawyers often seem to create demand for each other:
I
need a lawyer because the other guy has one, so their efforts
cancel out.

They do not always cancel out.

I would like to see some numbers on the actual costs after ruling.

But those sorts of things, like data on security breaches, are not
available...

Ken.

--
The road to Hell is paved with good intentions.
  -- Samuel Johnson


Re: Back to slavery

2003-07-16 Thread Devine, James
Ken writes:
However, lawyers are just more sensitive to the criticism since they are
on TV more. Perry Mason never did have a kindred soul from economics on
TV. Your honor, I contend the witness inflated the GDP numbers to cover
up the failure of the auto industry and the increase in transaction
costs off shore! Gasp from court room

I'm going to have nightmares about a TV show John Pareto, Economist. Of course, 
people would start complaining that there aren't enough ads to break up the tedium...


Jim Devine [EMAIL PROTECTED]   http://bellarmine.lmu.edu/~jdevine



Re: 911 STUDY

2003-07-16 Thread Dan Scanlan
Conspiracy is a loaded word and should be dropped from this
discussion in order to keep clarity. After all, when a Girl Scout
Troop holds a bake sale, a conspiracy can be said to have occured.
I suggest the more operative words, plan and analysis be used.
In the present instance, qualified, experienced pilots analysed what
little information they have about the events of 911 -- they bounced
their personal knowledge off reported facts.  The events of 911
themselves were the result of a plan.
By chucking the efforts of the pilots into the catch-all conspiracy
bucket, the underlying issue gets pettifogged away.*  Conspiracy
theorists is heavy in intensional meaning and meager in extensional
meaning, to use S. I. Hayakawa's phraseology.
Much of what we know about the world -- from the existence of Pluto
the planet to the personality of Pluto the dog -- has come from
deductive reasoning. The case of 911 requires a great deal of
deductive reasoning as well as the fitting together of known pieces
of a broken mosaic.
Whatever practical moves a citizen makes today hinges heavily on
deductive reasoning. A corollary challenge is to keep the loaded
words of the media (including email forums) from skewing the swing.
Dan Scanlan

* Mixed metaphor? Once you set sail in a metaphor you shouldn't swap
horses until you at least get to the end of the sentence.




 The lack of information available regarding 9-11 creates fertile ground
 for conspiracy theories.
 That is because a coverup is itself a conspiracy and is also
 presumptive evidence that at least one prior conspiracy
 is being covered up.  Hence the liberal use of disinformation
 to obstruct effective investigation of that which is being
 covered up.
 Shane Mage
===

Reads like and infinite regress problem common to conspiracy
theories...
Ian
--
--
You can fool some of the people all of the time,
and those are the ones we need to concentrate on.
George W. Bush, Washington DC, March 2001
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another little bankruptcy

2003-07-16 Thread Eubulides
$20bn power firm failure

David Teather in New York
Wednesday July 16, 2003
The Guardian

Eight of the 10 biggest bankruptcies in corporate history have happened in
the past two and a half years, after US energy firm Mirant Corporation
buckled under its debts late on Monday night.

The filing piles further misery on lenders, shareholders and bondholders
who have lost billions of dollars from the wave of corporate crashes since
the boom years of the late 1990s. Barclays is listed in Mirant's
bankruptcy petition as one of the company's lenders, and its exposure is
put at $112m (£70m).

Creditors have, on average, recovered less from the present spate of
bankruptcies than at any other point in the past few decades.

Mirant filed for chapter 11 bankruptcy protection from its creditors a day
before repayment was due on $1.1bn debt. According to court documents, it
had $20.6bn in assets, $11.4bn in debt and $1.2bn in cash. The filing made
it the 10th largest bankruptcy, defined by assets, according to rankings
compiled by BankruptcyData.com.

Mirant, like other energy firms, has struggled to stay afloat since
confidence in the sector was hurt by the collapse of Enron which, combined
with a long slump in prices, caused credit downgrades.

The filing was made after a last-minute attempt to reach agreement with
creditors to restructure its debt failed.

The firm lost $2.4bn last year and investors' nerves were further rattled
when an audit found $188m in overstated profits.

Mirant was caught up in the widespread allegations of energy price
manipulation that caused the Californian energy crisis three years ago.

The scandal-hit telecoms firm WorldCom holds the unwelcome title of the
biggest ever bankruptcy. It went under on July 21 last year, with assets
of almost $104bn.

The others in the top 10 that have crashed since the beginning of 2001 are
Enron, insurer and home lender Conseco, telecommunications company Global
Crossing, United Airlines, cable company Adelphia Communications, and the
utility Pacific Gas and Electric.


Re: Back to slavery

2003-07-16 Thread David S. Shemano
Justin asks:

 This isn't to say that the incentive Michael talks
 about doesn't exist. Btw, David, are you a litigator
 or a transactional lawyer?

I am a corporate bankruptcy lawyer, which is primarily transactional, but involves 
litigation in the sense that Bankruptcy Court approval is required for various 
transactions.

David Shemano


Re: Back to slavery

2003-07-16 Thread David S. Shemano
Justin writes:

 This isn't to say that the incentive Michael talks
 about doesn't exist. Btw, David, are you a  litigator
 or a transactional lawyer?

I am corporate bankruptcy attorney, which is primarily transactional but involves 
litigation in that Bankruptcy Court approval is required for various transactions, and 
various constituencies attempt to protect rights.

David Shemano


Re: Back to slavery

2003-07-16 Thread Kenneth Campbell
David Shemano wrote:

I am corporate bankruptcy attorney, which is primarily
transactional ...

We need those a fair bit today, no? ...

But, more respectfully, what is the value you provide outside the
parametres for business collection upon failure (and how is that
different than Repo Men)?

Aren't bankruptcy lawyers merely administrators in a system? That is, no
productive value? Merely moving money around, like a bank teller?

Just asking for some personal reasons...

Ken.

--
Ninety percent of the politicians give the other ten
percent a bad reputation.
  -- Henry Kissinger


Re: Back to slavery

2003-07-16 Thread Devine, James
yeah, but all those economists became interesting by doing more than mere economics. 

(Of course, economics is interesting to economists. But since accounting is 
interesting to accountants, that hardly proves anything.)


Jim Devine [EMAIL PROTECTED]   http://bellarmine.lmu.edu/~jdevine




 -Original Message-
 From: Michael Perelman [mailto:[EMAIL PROTECTED]
 Sent: Wednesday, July 16, 2003 11:17 AM
 To: [EMAIL PROTECTED]
 Subject: Re: [PEN-L] Back to slavery
 
 
 Jim, you might be wrong.  We have a Nobelist in the dock 
 right now?  What
 about the Harvard-Russian scandal?  One of our Chico 
 students, Khoshigian
 (sp?) has been at the center of international intrigue.  Ken Lay, for
 God's sake.  I think that we need a cable channel for economics.
 
 On Wed, Jul 16, 2003 at 10:03:59AM -0700, Devine, James wrote:
 
  I'm going to have nightmares about a TV show John Pareto, 
 Economist. Of course, people would start complaining that 
 there aren't enough ads to break up the tedium...
 
  
  Jim Devine [EMAIL PROTECTED]   http://bellarmine.lmu.edu/~jdevine
 
 --
 Michael Perelman
 Economics Department
 California State University
 Chico, CA 95929
 
 Tel. 530-898-5321
 E-Mail [EMAIL PROTECTED]
 



Bankruptcy

2003-07-16 Thread Michael Perelman
We have an expert on personal bankruptcy here, Robert Manning.  David, you
work at the corporate level.

One question that intrigues me is the class nature of bankruptcy.  PGE
seems to be coming out of bankruptcy smelling like a rose.  WorldCom and
Enron seem to get quite lenient rulings lately.  I confess that I am not
an expert and would like to see such companies get spanked.

Creditor, like the famous employees of Enron who could not dump their
stock, don't seem to get much sympathy from the courts.  Banks do.

Then we have the stalled, punitive personal bankruptcy law that threatens
common people, even though Burt Reynolds, the original poster boy for the
law when it began, would still get to keep his estate under the law.

Am I just a cockeyed commie to think this way?  What am I missing.


On Wed, Jul 16, 2003 at 10:46:48AM -0700, David S. Shemano wrote:
 I am a corporate bankruptcy lawyer, which is primarily transactional, but involves 
 litigation in the sense that Bankruptcy Court approval is required for various 
 transactions.

 David Shemano

--
Michael Perelman
Economics Department
California State University
Chico, CA 95929

Tel. 530-898-5321
E-Mail [EMAIL PROTECTED]


Re: Back to slavery

2003-07-16 Thread Eric Nilsson
RE
Jim's:
 I'm going to have nightmares about a TV show John Pareto, Economist.

I think the life (and economic theories) of Veblen would make a wonderful TV
series. Perhaps David Duchovny could star in the series.

Eric


Re: Back to slavery

2003-07-16 Thread Michael Perelman
Scott Nearing would make an excellent television show as well. He was an
activist, kicked out of academia and the communist party.  Lived a very
interesting life.  Did heavy physical labor until he was 99.

Alexander Gershenkron lived a very interesting life, in the midst of the
Soviet and Nazi uprisings.  He was conservative, though.  His grandson
wrote his bio, Flyswater, as well as a bio of Moe Berg, major league
catcher and CIA spy.
 On Wed, Jul 16, 2003 at 11:31:23AM -0700, Eric Nilsson wrote:
 RE
 Jim's:
  I'm going to have nightmares about a TV show John Pareto, Economist.

 I think the life (and economic theories) of Veblen would make a wonderful TV
 series. Perhaps David Duchovny could star in the series.

 Eric

--
Michael Perelman
Economics Department
California State University
Chico, CA 95929

Tel. 530-898-5321
E-Mail [EMAIL PROTECTED]


Re: Bankruptcy

2003-07-16 Thread David S. Shemano
Michael Perelman writes:

 One question that intrigues me is the class nature of bankruptcy.  PGE
 seems to be coming out of bankruptcy smelling like a rose.  WorldCom and
 Enron seem to get quite lenient rulings lately.  I confess that I am not
 an expert and would like to see such companies get spanked.

The fundamental philosophical problem is, who is PGE, Worldcom, Enron?  If the company 
is insolvent, the shareholders are out of the money and the company is now owned by 
the creditors.  Therefore, if you spank the corporation (and not individuals who 
committed wrongdoing), you are effectively punishing the creditors, who are presumably 
innocent of any wrongdoing.

 Creditor, like the famous employees of Enron who could not dump their
 stock, don't seem to get much sympathy from the courts.  Banks do.

Banks are creditors, as are bondholders, trade vendors, employees, landlords, and tort 
creditors, and the law generally treats them pari passu.  Generally, employees do 
receive symphathy from courts compared to banks and other institutional creditors.  
For instance, it is routine for unpaid wage claims to be paid very early in the case 
before other creditors.  While it is justified as an attempt to maintain morale and 
retain the employees during the reorganization process, it does a reflect a general 
sense that the employees shouldn't get screwed while the big boys fight it out.

There is a general conflict between secured creditors (usually banks) and unsecured 
creditors. The bank will often have a lien on all of the assets, so the unsecured 
creditors will attack the validity of the security interest in order to obtain 
repayment.  The conflict manifests itself at a theoretical in the drafting of the 
Uniform Commercial Code, which was recently revised in a way that makes it much more 
easy to obtain and protect a security interest, to the consternation of unsecured 
creditors,

David Shemano


Re: Bankruptcy

2003-07-16 Thread Devine, James
Michael writes:
 One question that intrigues me is the class nature of bankruptcy.  PGE
 seems to be coming out of bankruptcy smelling like a rose.  WorldCom and
 Enron seem to get quite lenient rulings lately.  I confess that I am not
 an expert and would like to see such companies get spanked.

David answers:
The fundamental philosophical problem is, who is PGE, Worldcom, Enron?  If the company 
is insolvent, the shareholders are out of the money and the company is now owned by 
the creditors.  Therefore, if you spank the corporation (and not individuals who 
committed wrongdoing), you are effectively punishing the creditors, who are presumably 
innocent of any wrongdoing.

--

weren't the bankers consciously taking a risk by lending to Enron? if they're 
automatically bailed out, doesn't that encourage moral hazard, i.e., a willingness to 
lend to similar miscreants? 

(It's amazing, by the way, how little economics books talk about bankruptcy.)

Jim



Re: Back to slavery

2003-07-16 Thread Carrol Cox
Eric Nilsson wrote:

 RE
 Jim's:
  I'm going to have nightmares about a TV show John Pareto, Economist.

 I think the life (and economic theories) of Veblen would make a wonderful TV
 series. Perhaps David Duchovny could star in the series.


One would want also to include his theories on education. After all, he
wanted to give his book, _The Higher Learning in America_, the subtitle
of A study in human depravity. His publisher wouldn't accept that
subtitle, so he substituted A Memorandum on the Conduct of Universities
by Businessmen.

Carrol

 Eric


Re: Bankruptcy

2003-07-16 Thread David S. Shemano
Jim Devine writes:

 weren't the bankers consciously taking a risk by lending to Enron? if they're
 automatically bailed out, doesn't that encourage moral hazard, i.e., a willingness 
 to
 lend to similar miscreants?

You are being loose in your language.  Who is arguing that they should be bailed 
out? The risk the bankers took was that they would not get repaid.They simply 
want the value of Enron to be maximized so their repayment is maximized.  It is a 
fundamental premise of the bankruptcy world that the going concern value of the 
corporation exceeds its liquidation value.  Therefore, if Enron is permitted to stay 
in business, there is more value available to repay the debts owed to the banks and 
all other creditors.

To the extent that the bankers knew about and facilitated the wrongdoing, they are 
being sued and their claims may be equitably subordinated under the Bankruptcy Code. 
 I am sure they are arguing that they had no idea of the wrongdoing, etc.

To minimize the risk of nonpayment, some of the banks insisted upon collateral.  The 
argument has been made that secured lending does increase moral hazard by reducing 
oversight.  However, collecting a debt through the collateral is expensive, 
frustrating and risky, and the existence of collateral, in my experience, rarely 
justifies or creates a care-free attitude to the loan.  What secured lending does do 
is make lending available to higher credit risks, which is a different issue.

David Shemano


Kindleberger

2003-07-16 Thread Devine, James
http://www.latimes.com/news/printedition/california/la-me-charles11jul1
1,1,7603654.story 
OBITUARIES
Charles Kindleberger, 92; Author, MIT Economist Helped Design Marshall
Plan
From Times Staff and Wire Reports

July 11, 2003/L.A. TIMES

Charles P. Kindleberger, an economic historian and expert on
international monetary affairs who also helped formulate the Marshall
Plan for the rebuilding of Europe after World War II, has died. He was
92.

Kindleberger, an emeritus professor of economics at MIT and a widely
published author, died Monday of a stroke at a hospital in Cambridge,
Mass.

He was both an outstanding economic historian and a respected applied
economist who made major contributions to the thinking on key issues for
generations, John Williamson, an economist with the Washington,
D.C.-based Institute for International Economics, told a reporter for
Bloomberg News.

In his influential career, Kindleberger wrote more than 30 books,
including International Economics, a 1953 work that went through five
editions during its more than two decades of use as a standard text in
economics.

A more recent book, Manias, Panics and Crashes, traced four centuries
of boom-and-bust financial cycles, bringing to light a 1636 bubble in
the market for Dutch tulips that sent investors offering land, houses,
farm animals and gold in return for fancy tulip bulbs.

A reviewer for the Times Literary Supplement in London wrote that
Kindleberger is by far the most entertaining writer on financial
history still at work today. He is also far and away the most erudite.

Born in New York City, Kindleberger graduated from the University of
Pennsylvania and earned his master's degree and doctorate from Columbia
University.

Before World War II, he worked as an economist for the Federal Reserve
Bank of New York City. When the U.S. entered the war, he served in the
Office of Strategic Services, a forerunner of the CIA. He later served
in the 12th Army Group in Europe as an intelligence officer.

In the early postwar years, he was a key advisor on German reparations,
and served as chief of the committee that prepared cost estimates for
the European Recovery Program, also known as the Marshall Plan. 

Massachusetts Institute of Technology, which announced Kindleberger's
death, cited an interview he once gave recounting his experience working
on the Marshall Plan, named for Army Gen. George C. Marshall, the
postwar secretary of State under President Truman.

We were conscious of a great sense of excitement about the plan,
Kindleberger said. Marshall himself was a great, great man - funny,
odd, but great - Olympian in his moral quality. We'd stay up all night,
night after night I had a tremendous sense of gratification for working
so hard on it.

Kindleberger joined the MIT faculty in 1948 as an associate professor of
economics. He became a full professor three years later, and eventually
held the Ford International Professor of Economics chair. He retired in
1976.

Kindleberger served on President Johnson's Committee on International
Monetary Arrangements in the 1960s. Also in the '60s, he helped develop
economics programs and course offerings at five black colleges in
Atlanta. He was a member of the United Negro College Fund and a trustee
of Clark College in Atlanta.

Kindleberger also held posts with the Bank of International Settlements
in Switzerland and the board of governors of the American Economic Assn.

He is survived by four children and five grandchildren.

--
Jim Devine [EMAIL PROTECTED]   http://bellarmine.lmu.edu/~jdevine



Re: Back to slavery

2003-07-16 Thread David S. Shemano
Kenneth Campbell writes:

 But, more respectfully, what is the value you provide outside the
 parametres for business collection upon failure (and how is that
 different than Repo Men)?

 Aren't bankruptcy lawyers merely administrators in a system? That is, no
 productive value? Merely moving money around, like a bank teller?

Generally, commercial lawyers add value in the following way:

1.  I have an expertise in the Bankruptcy Code.  Therefore, if you are engaged in a 
transaction affected by the Bankruptcy Code, hiring me is like hiring an accountant to 
do your taxes -- you can try and do it yourself, but the system is so complex that it 
is worth paying me X to ensure that you do not lose more than X.

2.  Lawyers do stuff people do not want to do for various reasons.  For instance, 
carefully drafting and reviewing documents.  Therefore, hiring me is like hiring a 
gardener.  You like your garden and nothing prevents you from doing your own 
gardening, but maybe you would rather spend your time doing something else.  This is 
especially true for corporations, where the time of the decision makers, the people 
who negotiate the deal points, are too valuable to be involved in the mere 
documentation of agreements.

3.  I have skills in negotiation and conflict resolution.  A corporate reorganization 
has lots of moving parts and competing constituencies in situtations were time really 
is money.  Bankruptcy lawyers are experienced in knowing when to settle and when to 
fight, and generally how to move things along.  Therefore, hiring me is like putting 
oil in your car -- the oil does not mechanically contribute to the movement of the 
car, but it makes the process go smoother.

In summary, we are productive in that we facilitate various ends: agreements, 
reorganization and liquidation of business entities, reallocation of resources, etc.  
To the extent those ends are good things to have, I guess we are productive, and to 
the extent they are not good things, I suppose we are not productive.

David Shemano


Re: Bankruptcy

2003-07-16 Thread Eugene Coyle




Well, the PGE bankruptcy is more complicated. The customers (rate payers)
were denied participation by the bankruptcy judge. The company proposed
a settlement which took care of the creditors but which would have screwed
5 million customers. The creditors liked it. So a huge and valuable asset
-- the hydro electric system (using public water) would have passed to a
new PGE subsidiary. To head off that transfer, which the judge and
the creditors saw would take care of their interests, the CPUC proposed an
alternative. The hydro would stay as a regulated utility asset -- absolutely
essential for customer protection -- but PGE would get a huge financial
settlement, to be paid over the next eleven years but the individual electric
customers. The bankruptcy judge approved an expenditure of $20 odd million
for PGE to hire its Wall St. financial advisor, and $20 odd million
for the CPUC to pay for its Wall St. financial advisor-- but the public till
now has not had 20 million or 1 million to hire financial advice. To argue
that the CPUC is the customers' protector is disingenuous. Once the backruptcy
judge got hold of this justice was to be ill served.

Gene Coyle

David S. Shemano wrote:

  Michael Perelman writes:

  
  

  One question that intrigues me is the class nature of bankruptcy.  PGE
seems to be coming out of bankruptcy smelling like a rose.  WorldCom and
Enron seem to get quite lenient rulings lately.  I confess that I am not
an expert and would like to see such companies get spanked.
  

  
  
The fundamental philosophical problem is, who is PGE, Worldcom, Enron?  If the company is insolvent, the shareholders are out of the money and the company is now owned by the creditors.  Therefore, if you spank the corporation (and not individuals who committed wrongdoing), you are effectively punishing the creditors, who are presumably innocent of any wrongdoing.

  
  

  Creditor, like the famous employees of Enron who could not dump their
stock, don't seem to get much sympathy from the courts.  Banks do.
  

  
  
Banks are creditors, as are bondholders, trade vendors, employees, landlords, and tort creditors, and the law generally treats them pari passu.  Generally, employees do receive symphathy from courts compared to banks and other institutional creditors.  For instance, it is routine for unpaid wage claims to be paid very early in the case before other creditors.  While it is justified as an attempt to maintain morale and retain the employees during the reorganization process, it does a reflect a general sense that the employees shouldn't get screwed while the big boys fight it out.

There is a general conflict between secured creditors (usually banks) and unsecured creditors. The bank will often have a lien on all of the assets, so the unsecured creditors will attack the validity of the security interest in order to obtain repayment.  The conflict manifests itself at a theoretical in the drafting of the Uniform Commercial Code, which was recently revised in a way that makes it much more easy to obtain and protect a security interest, to the consternation of unsecured creditors,

David Shemano

  






Re: Back to slavery

2003-07-16 Thread Max B. Sawicky
Those who object to economic planning on the grounds
that the problem is solved by price movements can be
answered by pointing out that there is planning within
our economic system which is quite different from the
individual planning mentioned above [individuals who
exercise foresight and choice among alternatives -- mbs]
and which is akin to what is normally called economic planning.

I don't know.  If you don't have exchange, there is some
kind of very different world (inside the firm) where
transactions are conducted, in contrast to markets.
It's even more screwy if the manager is not the owner.

I'd say the implications were potentially radical, but
they didn't spin out that way as far as the profession
is concerned.  For obvious reasons.

It's been a while since I read Lange/Taylor, but I'm reminded
of their pricing scheme while reading about Federal gov
contracting.  The Feds have this body of regulations known
as A-76 which are guidelines for organizing a market as
a way of making decisions about contracts.  It's basically
unwieldy and not much used, but in a sense it's socialism
in action.  :-)

mbs




. . . This stuff isn't radical. It was developed by Coase, who's very much
part of the Chicago school of laissez-faire economics.

Jim


Re: Back to slavery

2003-07-16 Thread Devine, James
Max, who said the quote in the first paragraph?


Jim Devine [EMAIL PROTECTED]   http://bellarmine.lmu.edu/~jdevine

 
 Those who object to economic planning on the grounds
 that the problem is solved by price movements can be
 answered by pointing out that there is planning within
 our economic system which is quite different from the
 individual planning mentioned above [individuals who
 exercise foresight and choice among alternatives -- mbs]
 and which is akin to what is normally called economic planning.
 
 I don't know.  If you don't have exchange, there is some
 kind of very different world (inside the firm) where
 transactions are conducted, in contrast to markets.
 It's even more screwy if the manager is not the owner.
 
 I'd say the implications were potentially radical, but
 they didn't spin out that way as far as the profession
 is concerned.  For obvious reasons.
 
 It's been a while since I read Lange/Taylor, but I'm reminded
 of their pricing scheme while reading about Federal gov
 contracting.  The Feds have this body of regulations known
 as A-76 which are guidelines for organizing a market as
 a way of making decisions about contracts.  It's basically
 unwieldy and not much used, but in a sense it's socialism
 in action.  :-)
 
 mbs
 
 
 
 
 . . . This stuff isn't radical. It was developed by Coase, 
 who's very much
 part of the Chicago school of laissez-faire economics.
 
 Jim
 



Re: Bankruptcy

2003-07-16 Thread Michael Perelman
I very much admire the way you handle yourself here.  We have had
conservatives who have tried to convert us, usually in an antagonist way.
Instead, you present your views and leave it there.

Indeed, if I were facing bankruptcy, I would want to hire someone like
you, although I could not afford your fees.

On Wed, Jul 16, 2003 at 01:10:46PM -0700, David S. Shemano wrote:
 Michael Perelman writes:

  One question that intrigues me is the class nature of bankruptcy.  PGE
  seems to be coming out of bankruptcy smelling like a rose.  WorldCom and
  Enron seem to get quite lenient rulings lately.  I confess that I am not
  an expert and would like to see such companies get spanked.

 The fundamental philosophical problem is, who is PGE, Worldcom, Enron?  If the 
 company is insolvent, the shareholders are out of the money and the company is now 
 owned by the creditors.  Therefore, if you spank the corporation (and not 
 individuals who committed wrongdoing), you are effectively punishing the creditors, 
 who are presumably innocent of any wrongdoing.

  Creditor, like the famous employees of Enron who could not dump their
  stock, don't seem to get much sympathy from the courts.  Banks do.

 Banks are creditors, as are bondholders, trade vendors, employees, landlords, and 
 tort creditors, and the law generally treats them pari passu.  Generally, employees 
 do receive symphathy from courts compared to banks and other institutional 
 creditors.  For instance, it is routine for unpaid wage claims to be paid very early 
 in the case before other creditors.  While it is justified as an attempt to maintain 
 morale and retain the employees during the reorganization process, it does a reflect 
 a general sense that the employees shouldn't get screwed while the big boys fight it 
 out.

 There is a general conflict between secured creditors (usually banks) and unsecured 
 creditors. The bank will often have a lien on all of the assets, so the unsecured 
 creditors will attack the validity of the security interest in order to obtain 
 repayment.  The conflict manifests itself at a theoretical in the drafting of the 
 Uniform Commercial Code, which was recently revised in a way that makes it much more 
 easy to obtain and protect a security interest, to the consternation of unsecured 
 creditors,

 David Shemano

--
Michael Perelman
Economics Department
California State University
Chico, CA 95929

Tel. 530-898-5321
E-Mail [EMAIL PROTECTED]


Re: Bankruptcy

2003-07-16 Thread andie nachgeborenen
David talks like a lawyer, not a conservative. I'd say
the same thing (if I knew as much about bankruptcy).
But maybes ome would say we are all conservatives
(institutionally) as well as parasites. ;- jks

--- Michael Perelman [EMAIL PROTECTED]
wrote:
 I very much admire the way you handle yourself here.
  We have had
 conservatives who have tried to convert us, usually
 in an antagonist way.
 Instead, you present your views and leave it there.

 Indeed, if I were facing bankruptcy, I would want to
 hire someone like
 you, although I could not afford your fees.

 On Wed, Jul 16, 2003 at 01:10:46PM -0700, David S.
 Shemano wrote:
  Michael Perelman writes:
 
   One question that intrigues me is the class
 nature of bankruptcy.  PGE
   seems to be coming out of bankruptcy smelling
 like a rose.  WorldCom and
   Enron seem to get quite lenient rulings lately.
  I confess that I am not
   an expert and would like to see such companies
 get spanked.
 
  The fundamental philosophical problem is, who is
 PGE, Worldcom, Enron?  If the company is insolvent,
 the shareholders are out of the money and the
 company is now owned by the creditors.  Therefore,
 if you spank the corporation (and not individuals
 who committed wrongdoing), you are effectively
 punishing the creditors, who are presumably innocent
 of any wrongdoing.
 
   Creditor, like the famous employees of Enron
 who could not dump their
   stock, don't seem to get much sympathy from the
 courts.  Banks do.
 
  Banks are creditors, as are bondholders, trade
 vendors, employees, landlords, and tort creditors,
 and the law generally treats them pari passu.
 Generally, employees do receive symphathy from
 courts compared to banks and other institutional
 creditors.  For instance, it is routine for unpaid
 wage claims to be paid very early in the case before
 other creditors.  While it is justified as an
 attempt to maintain morale and retain the employees
 during the reorganization process, it does a reflect
 a general sense that the employees shouldn't get
 screwed while the big boys fight it out.
 
  There is a general conflict between secured
 creditors (usually banks) and unsecured creditors.
 The bank will often have a lien on all of the
 assets, so the unsecured creditors will attack the
 validity of the security interest in order to obtain
 repayment.  The conflict manifests itself at a
 theoretical in the drafting of the Uniform
 Commercial Code, which was recently revised in a way
 that makes it much more easy to obtain and protect a
 security interest, to the consternation of unsecured
 creditors,
 
  David Shemano

 --
 Michael Perelman
 Economics Department
 California State University
 Chico, CA 95929

 Tel. 530-898-5321
 E-Mail [EMAIL PROTECTED]


__
Do you Yahoo!?
SBC Yahoo! DSL - Now only $29.95 per month!
http://sbc.yahoo.com


Re: Bankruptcy

2003-07-16 Thread Michael Perelman
Exactly.  Why is it the responsibility of the rate payers to bail out the
share holders?  Are the corps. willing to lower rates when profits are
flush?

On Wed, Jul 16, 2003 at 03:36:52PM -0700, Eugene Coyle wrote:
 Well, the PGE bankruptcy is more complicated.  The customers (rate
 payers) were denied participation by the bankruptcy judge.  The company
 proposed a settlement which took care of the creditors but which would
 have screwed 5 million customers.  The creditors liked it.  So a huge
 and valuable asset -- the hydro electric system (using public water)
 would have passed to a new PGE subsidiary.  To head off that transfer,
 which the judge and the creditors saw would take care of their
 interests, the CPUC proposed an alternative.  The hydro would stay as a
 regulated utility asset -- absolutely essential for customer protection
 -- but PGE would get a huge financial settlement, to be paid over the
 next eleven years but the individual electric customers.  The bankruptcy
 judge approved an expenditure of $20 odd million for PGE to hire its
 Wall St. financial advisor, and $20 odd million for the CPUC to pay for
 its Wall St. financial advisor-- but the public till now has not had 20
 million or 1 million to hire financial advice.  To argue that the CPUC
 is the customers' protector is disingenuous.  Once the backruptcy judge
 got hold of this justice was to be ill served.

 Gene Coyle

 David S. Shemano wrote:

 Michael Perelman writes:
 
 
 
 One question that intrigues me is the class nature of bankruptcy.  PGE
 seems to be coming out of bankruptcy smelling like a rose.  WorldCom and
 Enron seem to get quite lenient rulings lately.  I confess that I am not
 an expert and would like to see such companies get spanked.
 
 
 
 The fundamental philosophical problem is, who is PGE, Worldcom, Enron?  If the 
 company is insolvent, the shareholders are out of the money and the company is now 
 owned by the creditors.  Therefore, if you spank the corporation (and not 
 individuals who committed wrongdoing), you are effectively punishing the creditors, 
 who are presumably innocent of any wrongdoing.
 
 
 
 Creditor, like the famous employees of Enron who could not dump their
 stock, don't seem to get much sympathy from the courts.  Banks do.
 
 
 
 Banks are creditors, as are bondholders, trade vendors, employees, landlords, and 
 tort creditors, and the law generally treats them pari passu.  Generally, employees 
 do receive symphathy from courts compared to banks and other institutional 
 creditors.  For instance, it is routine for unpaid wage claims to be paid very 
 early in the case before other creditors.  While it is justified as an attempt to 
 maintain morale and retain the employees during the reorganization process, it does 
 a reflect a general sense that the employees shouldn't get screwed while the big 
 boys fight it out.
 
 There is a general conflict between secured creditors (usually banks) and unsecured 
 creditors. The bank will often have a lien on all of the assets, so the unsecured 
 creditors will attack the validity of the security interest in order to obtain 
 repayment.  The conflict manifests itself at a theoretical in the drafting of the 
 Uniform Commercial Code, which was recently revised in a way that makes it much 
 more easy to obtain and protect a security interest, to the consternation of 
 unsecured creditors,
 
 David Shemano
 
 
 


--
Michael Perelman
Economics Department
California State University
Chico, CA 95929

Tel. 530-898-5321
E-Mail [EMAIL PROTECTED]


Re: Back to slavery

2003-07-16 Thread Max B. Sawicky
Coase, in The Nature of the Firm. (1937, Economica)



-Original Message-
From: PEN-L list [mailto:[EMAIL PROTECTED] Behalf Of Devine,
James
Sent: Wednesday, July 16, 2003 6:51 PM
To: [EMAIL PROTECTED]
Subject: Re: Back to slavery


Max, who said the quote in the first paragraph?


Jim Devine [EMAIL PROTECTED]   http://bellarmine.lmu.edu/~jdevine


 Those who object to economic planning on the grounds
 that the problem is solved by price movements can be
 answered by pointing out that there is planning within
 our economic system which is quite different from the
 individual planning mentioned above [individuals who
 exercise foresight and choice among alternatives -- mbs]
 and which is akin to what is normally called economic planning.

 I don't know.  If you don't have exchange, there is some
 kind of very different world (inside the firm) where
 transactions are conducted, in contrast to markets.
 It's even more screwy if the manager is not the owner.

 I'd say the implications were potentially radical, but
 they didn't spin out that way as far as the profession
 is concerned.  For obvious reasons.

 It's been a while since I read Lange/Taylor, but I'm reminded
 of their pricing scheme while reading about Federal gov
 contracting.  The Feds have this body of regulations known
 as A-76 which are guidelines for organizing a market as
 a way of making decisions about contracts.  It's basically
 unwieldy and not much used, but in a sense it's socialism
 in action.  :-)

 mbs




 . . . This stuff isn't radical. It was developed by Coase,
 who's very much
 part of the Chicago school of laissez-faire economics.

 Jim



Lawyers

2003-07-16 Thread David S. Shemano
One more thought on the value of lawyers.  The following is from the Reason magazine 
interview of Coase:


Reason: People are very excited that transactions are taking place much more 
efficiently than ever before through new electronic means and better communication 
systems. Are you excited about these trends?

Coase: Yes, because I don't understand them. People talk about increases in 
improvements in technology, but just as important are improvements in the way in which 
people make contracts and deals. If you can lower the costs there, you can have more 
specialization and greater production. So that's what I'm interested in now. By 
improving the way the market works, you can produce immense benefits, not because it 
invents new technologies, but because it enables new technologies to be used. Without 
the ability to make efficient contracts, you can't use these new means. And a lot of 
effort is going, at the moment, into devising new ways of handling the problems, 
mainly by the lawyers.

Reason: Some people would say that it's just paper transactions, that all the efforts 
of the lawyers are a waste, a mess, a scourge on society. You have a slightly 
different view.

Coase: Lawyers do a lot of harm, but they also do an immense amount of good. And the 
good is that they are expert negotiators, and they know what is necessary in the law 
to enable deals to be made. Their activities are designed, in fact, to lower 
transaction costs. Some of them, we know, raise transaction costs. But by and large, 
they are engaged in lowering transaction costs. People talk about the information age 
and how large numbers of people are engaged in information activities. Well, gathering 
information is one of the difficulties when you're in a market. What is being 
produced, what are the prices of what is being offered? You've got to learn all these 
things. You can learn them now a good deal more easily than you could have done 
before; you don't have to search. If you've ever tried to buy anything, you know how 
much time goes into finding out what's available and all the alternatives.

David Shemano


Re: Lawyers

2003-07-16 Thread Michael Perelman
The last time I heard a great deal of enthusiasm about transactions costs
was during the dot.com boom period, when the Internet threatened to
eliminate transactions costs.

On Wed, Jul 16, 2003 at 07:14:31PM -0700, David S. Shemano wrote:
 One more thought on the value of lawyers.  The following is from the Reason magazine 
 interview of Coase:


 Reason: People are very excited that transactions are taking place much more 
 efficiently than ever before through new electronic means and better communication 
 systems. Are you excited about these trends?

 Coase: Yes, because I don't understand them. People talk about increases in 
 improvements in technology, but just as important are improvements in the way in 
 which people make contracts and deals. If you can lower the costs there, you can 
 have more specialization and greater production. So that's what I'm interested in 
 now. By improving the way the market works, you can produce immense benefits, not 
 because it invents new technologies, but because it enables new technologies to be 
 used. Without the ability to make efficient contracts, you can't use these new 
 means. And a lot of effort is going, at the moment, into devising new ways of 
 handling the problems, mainly by the lawyers.

 Reason: Some people would say that it's just paper transactions, that all the 
 efforts of the lawyers are a waste, a mess, a scourge on society. You have a 
 slightly different view.

 Coase: Lawyers do a lot of harm, but they also do an immense amount of good. And the 
 good is that they are expert negotiators, and they know what is necessary in the law 
 to enable deals to be made. Their activities are designed, in fact, to lower 
 transaction costs. Some of them, we know, raise transaction costs. But by and large, 
 they are engaged in lowering transaction costs. People talk about the information 
 age and how large numbers of people are engaged in information activities. Well, 
 gathering information is one of the difficulties when you're in a market. What is 
 being produced, what are the prices of what is being offered? You've got to learn 
 all these things. You can learn them now a good deal more easily than you could have 
 done before; you don't have to search. If you've ever tried to buy anything, you 
 know how much time goes into finding out what's available and all the alternatives.

 David Shemano

--
Michael Perelman
Economics Department
California State University
Chico, CA 95929

Tel. 530-898-5321
E-Mail [EMAIL PROTECTED]


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2003-07-16 Thread Perelman, Michael








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Michael Perelman

Economics Department

California State University

Chico, CA

95929