Re: Red Baiting Labor Studies

2003-07-25 Thread David S. Shemano
Jurriaan Bendien writes, among other things:


 When you survey these right-wing think-tanks, you are struck by how
 shoddy, banale, vulgar, and unscholarly their arguments and so-called
 research mostly are. It is a veritable psychopathology of projection,
 whereby you whinge that your opponents are whingers, you bleat that your
 opponents are bleaters, you assert with hatred that your opponents hate
 humanity, you falsely impute values and motives to your opponent, while
 hiding your own real motives and real values; you complain about hidden
 financial motives on the part of your opponents, while you are the
 beneficiary of generous helpings from the wealthy yourself. The real reason
 that most of these right-wing think-tanks exist at all, is because if they
 were to spout their decrepit and deformed ideologies in the company of
 genuine scholars and genuine scientists, they would be made mincemeat of.
 What sustains these right-wing think-tanks, in other words, is not genuine
 intellectual credit, but rather lots of money from rich donors, who, unable
 to think for themselves, seek arguments and evidences manufactured on demand
 by their generously paid servants, to suit their purpose or whim, and which
 permits their researchers to probe and fish around at leisure in popular
 gripes, dissatisfactions and social diseases, in order to rake up some dirt
 on whomever they want to discredit. How pathetic ! What a horrible,
 deceitful culture !

 The strength of the Left resides precisely in the fact that our intellectual
 culture is not dependent on copious financial injections.
 Sure, we need to earn a living, we appreciate donations, but those donations
 do not shape our intellect to please a master, they fund our own
 intellectual work and activism, for which we have freely chosen. Our
 intellectual expression takes shape through rigorous, critical and
 self-critical inquiry and dialogue, not influenced in its content by any
 financial considerations or intellectual whoring. Indeed we champion the
 revolt of sexworkers against a rotting capitalist culture, which denies them
 a decent life, and makes people suffer sexual persecution, psychic injuries
 and moral straightjackets. Our books are for sale, but our thought is not.
 We express our thought, even if we aren't paid of it, and even if our
 thought is expropriated and plagiarised. We may run out of money, but we
 never run out of ideas, because the corrupt and dehumanising realities of
 capitalism and the revolts against it, provide an inexhaustible source of
 ideas. Our discipline is, ultimately, not an academic dicipline, but a
 discipline forged by a real concern with, and a real engagement with, the
 forms of social oppression and exploitation under capitalism such as they
 have manifested themselves in our own lived experience. And this is why,
 ultimately, these rightwing thinktanks, although their employees may fly
 around the world for important meetings,  have no argument beyond dirt
 digging, allusions to conspiracies, and scratching around with sly
 insinuations, a dastardly consultancy business which assumes no
 responsibility for the policy consequences of its advice. Yet, in making
 their petty attacks, they reveal their own personal and moral decrepitude,
 the slow but steady rotting and corruption of the bourgeois class, who, in
 its perpetual bid to reduce the social problems of capitalist society to the
 personal problems of individuals, is increasingly blinkered to the real
 issues affecting ordinary folks and the forms that they take... issues in
 which they are only interested ever so briefly, in order to glean some
 selective anecdotal evidence to prove the correctness of their rightwing
 prejudices in some media chat.

Hey, you got us conservatives all wrong.  We are not ignorant projecting immoral 
suckups.  According to a recent scientific study conducted by a real social scientist 
at a real university, conservatives are instead defined by: (1) fear and aggression, 
(2)  dogmatism and intolerance of ambiguity, (3) uncertainty avoidance, (4) need for 
cognitive closure, and (5) terror management.   
http://www.berkeley.edu/news/media/releases/2003/07/22_politics.shtml

Therefore, before you speculate about conservatives, please review the scientific 
literature.

David Shemano


Re: Of Coase

2003-07-18 Thread David S. Shemano
Max Sawicky writes:

 Coase is unradical in the sense of recognizing hierarchy
 but not power.  There is an efficiency rationale for
 the size or scope of a firm -- economizing on a bundle
 of transactions -- but this does not answer the question,
 who gets to be 'coordinator'?  Coase takes expertise
 out of it, debunking Frank Knight's dichotomy between
 the employer, who is inclined to take risk and knows
 howw to handle it, and workers who are the opposite.
 Coase says the firm can always hire an advisor to
 foresee the uncertain.  All that's left is the
 coordinating function.  (Financial risk is a
 different matter not treated in this lit.)

 Power explains who is assigned (or self-assigned)
 the task of coordinator.  Power derives from ownership
 of capital.

 Capital permits the owner, perhaps thru an agent,
 to engage workers without capital into implicit
 contracts reflecting the bargaining power of the
 owner.  Workers might do better with individual,
 specific contracts (lacking a union mechanism) than
 with the employee relationship, but lacking capital
 obliges them to work for someone else.

 The firm needs a coordinator, but Coase fails to
 explain why (s)he isn't hired by the workers.

A couple of thoughts/questions:

1.  You state that the employee must work for someone else because of the lack of 
capital, but Coase suggests (demonstrates?) that the firm (employer-employee 
relationship) exists because of transaction costs.  Therefore, even if every worker 
starts with his own capital and is not compelled to be an employee, firms would still 
be formed because they would be more profitable (including for the salaried worker).

2.  You state that the firm needs a coordinator, but Coase fails to explain why the 
coordinator is not hired by the workers.  Isn't that because the firm, by definition, 
always precedes the workers?  For instance, every corporation is created by a person 
that incorporates the corporation, initially finances the corporation and establish 
its purposes.  Once the purpose of the firm is established, then that person 
determines what labor is required to achieve the purpose, taking into consideration 
the firm's resources and other factors.  Comparatively, is it possible to imagine 
certain workers combining themselves without any specific purpose, and then hiring a 
coordinator to provide them with purpose?  How would that work?  I think this points 
to the necessary role of the entrepeneur in the equation.

David Shemano


Re: Bankruptcy

2003-07-18 Thread David S. Shemano
Michael Perelman writes:

 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?

We discussed this two years ago.  The responsibility of the rate payers was to pay a 
sufficient amount for electricity to allow the electric companies to realize a 
reasonable rate of return.  However, when the wholesale price skyrocketed, the State 
of California refused to permit retail prices to correspondingly increase, thereby 
bankrupting the electric companies, thereby making a lot of California bankruptcy 
attorneys, including yours truly, very happy.  In effect, the State of California 
simply took assets from the shareholders and gave it to the retail customers.  As a 
further consequence, the State of California was forced to buy electricity at the high 
wholesale rate and then sell to at retail at the controlled price.  As a result, the 
California budget surplus was wiped out, and taxpayers for the forseeable future will 
be paying interest on the bonds floated to finance the State's buy high, sell low 
strategy.  Therefore, the State of California has transferred assets !
 from California's present and future taxpayers to the retail customers.

Under these circumstances, I see no reason why the retail customers are more 
symphathetic than the taxpayers or even the shareholders.  In fact, as many people are 
retail customers, taxpayers and shareholders, I would submit that only one group of 
people came out ahead -- the bankruptcy lawyers.

David Shemano


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 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: 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 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


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


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: Back to slavery

2003-07-15 Thread David S. Shemano
Max Sawicky writes:

 Coincidently I'm reading Oliver Williamson at the moment,
 whose existence and inspired lit debunks your assertion.

 Transactions costs can make hierarchy (the firm) more economical
 than market exchange.

I am not sure I understand the significance of this.  If I want to acquire a widget, 
what difference does it make at a theoretical level whether I acquire the widget by 
contracting pursuant to a purchase agreement (market exchange) or employment agreement 
(hierarchical firm)?  I understand why transaction costs would influence how I 
acquired the widget, but what is the significance for neoclassical economics (or a 
critique of neclassical economics)?

David Shemano


Re: Back to slavery

2003-07-15 Thread David S. Shemano
Jim Devine writes:

 I don't think it suggests a critique of NC economics (except maybe for the fact 
 that it
 took so long for NC economics to accept the idea of transactions costs).

 The significance for NC economics is that it means that there are many places where
 the pure market exchange relation -- the ideal that NC prefers -- doesn't prevail. 
 If the
 transactions costs involved buying a widget exceed the benefits of (presumed)
 greater productive efficiency of countracting out vis-a-vis having it produced 
 in-house,
 then using a hierarchy to organize in-house production will be preferred by
 profit-maximizers over using exchange and producing out-house.

 The key distinction is between production costs (actually making a widget) and
 transactions costs (costs of making deals, transferring property). (BTW, the latter
 corresponds to one kind of what Marx called unproductive labor.)

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

I guess I am asking a much more naive question.  Why is this an issue at all to 
anybody?  I mean, is there anybody who disputes that transaction costs matter?  I am a 
commercial lawyer, and commercial lawyers only exist because of transaction costs, so 
the existence of transaction costs is pretty obvious to me.  Is there somebody out 
there who denies this, or used to deny this, other than for some cetis paribus mind 
game?

David Shemano


Re: property rights

2003-06-23 Thread David S. Shemano
Michael Perelman writes:

 very interesting, but this sort of crap did not interest the right wing
 when Blacks were moved out.

Give me a break.  It wasn't the right-wing that supported urban renewal in the 
post-WWII era.  A staple of conservative book lists used to be The Federal Bulldozer: 
A Critical Analysis of Urban Renewal 1949-62, written in 1964 by Martin Anderson, who 
was later one of Reagan's domestic policy advisors.

The Institute for Justice is a great organization -- I know several of the attorneys 
personally and have given serious consideration to working for/with them.  They are 
the primary litigators on behalf of school choice.  Interestingly, most of their 
clients are Black, whether in eminent domain cases, occupational licensing cases, 
etc., presumably because they are more symphathetic plaintiffs and it makes it harder 
for the defendants to demonize.  One of their more famous cases involved a Black 
property owner who Atlantic City wanted to boot so Donald Trump could build a parking 
lot.

David Shemano


Re: property rights

2003-06-23 Thread David S. Shemano
Michael Perelman writes:

 David, I don't know what sort of break you want.  I doubt that anyone here
 supported the old Urban Renewal programs.  I always heard them referred to
 as Negro Removal.  If you mean that they were Great Society programs they
 were, but I think that all of us viewed them [those programs] with
 contempt.

To paraphrase, you stated that the right wing did not care about the use of eminent 
domain to replace homes with commercial development when it was the homes of Blacks 
that were being taken, as opposed to now, when it is apparently the homes of Whites 
that are being taken.  I am simply pointing out that there is no evidence that the 
opinion of the right wing, taken as a whole, is/was racially motivated, and the right 
has been consistent on the policy for over 40 years.

David Shemano


Re: 'Straussians' in the news; the world trembles (II)

2003-06-18 Thread David S. Shemano




In addition to this list, I receivethe Strauss list, which is 
maintained at Yahoo Groups. I have also read quite a bit of Strauss. 
Strauss took Marx very seriously as a philosopher. One of his books, On 
Tyranny, contains an exchange of letters with Alexandre Kojeve regarding, among 
other things,the progression of history (Fukuyama's End of History is in 
many ways a popularization of this exchange). The Marx chapter in the 
Strauss edited History of Political Philosophy is also very respectful.
Strauss's major accomplishment, to me at least,was to successfully 
argue that ancient philosophy had more than historical relevance. In other 
words, Strauss attacked the historicist notion that there is no point to 
studying the ancients for the truth of their arguments because we come after 
them and, therefore, know more than them, or that because they lived in an 
ancient slave society, they could not possible have anything important to say to 
us living in a technologically advanced capitalist society. Therefore, if 
a serious Straussian questions political democracy, it is not pop-Nietzche, but 
following the ancients in asking "Who Should Rule?" as a fundamental question of 
political philosophy, and the ancients had very critical things to say about 
political democracy. This is not to say that(all) Straussians 
necessarily agree with those criticisms, but that Straussians believe those 
criticisms must be taken seriously and cannot be dismissed a priori, because 
there is the possibility that those criticisms are correct.
As the Straussian conspiracy apparently controls the White House, I would 
encourage anyone interested to join the Strauss list to know thine 
enemyand bring a Marxist perspective to the various topics discussed.
David Shemano




Re: 'Straussians' in the news; the world trembles (II)

2003-06-18 Thread David S. Shemano




In addition to this list, I receivethe Strauss list, which is
maintained at Yahoo Groups. I have also read quite a bit of Strauss.
Strauss took Marx very seriously as a philosopher. One of his books, On
Tyranny, contains an exchange of letters with Alexandre Kojeve regarding, among
other things,the progression of history (Fukuyama's End of History is in
many ways a popularization of this exchange). The Marx chapter in the
Strauss edited History of Political Philosophy is also very respectful.
Strauss's major accomplishment, to me at least,was to successfully
argue that ancient philosophy had more than historical relevance. In other
words, Strauss attacked the historicist notion that there is no point to
studying the ancients for the truth of their arguments because we come after
them and, therefore, know more than them, or that because they lived in an
ancient slave society, they could not possible have anything important to say to
us living in a technologically advanced capitalist society. Therefore, if
a serious Straussian questions political democracy, it is not pop-Nietzche, but
following the ancients in asking "Who Should Rule?" as a fundamental question of
political philosophy, and the ancients had very critical things to say about
political democracy. This is not to say that(all) Straussians
necessarily agree with those criticisms, but that Straussians believe those
criticisms must be taken seriously and cannot be dismissed a priori, because
there is the possibility that those criticisms are correct.
As the Straussian conspiracy apparently controls the White House, I would
encourage anyone interested to join the Strauss list to know thine
enemyand bring a Marxist perspective to the various topics discussed.
David Shemano




Re: 'Straussians' in the news; the world trembles (II)

2003-06-18 Thread David S. Shemano



A couple of random responses:

1. The difference between Strauss and Straussians is a major topic of
discussion on the Strauss list.

2. I am not claiming that Straussians have a monopoly of interest in
the contemporary relevance of the ancients. However, I think a fair review
of the intellectual history supports the notion that Strauss, who began writing
on the topic in the 1930s, was as responsible, if not more responsible, than
anybody else for the revival of interest in the contemporary relevance of the
ancients. Strauss was taking dead aim at historicism, and the predominance
of historicism in academia and serious intellectual circleswhen he began
writing is hard to overstate. I think Jim Devine's reference to Jesuit
institutions supports the point -- until Strauss the relevance of the ancients
was, generally, confined to Catholic institutions (you can't take St. Thomas
seriously without taking Aristotle seriously), but Strauss, a German Jew,
expanded the interest. BTW, Strauss taught at St. John's College in
Annapolis for several years.

3. I have no personal knowledge whether Straussians are secretive or
elitist, although that is their public reputation. It is certainly true
that Strauss argued that philosophers historically wrote "between the
lines." Strauss argued that the philosopher, who searches for truth, is
both a danger to his community (by upsetting traditions) and is in turn
threatened by the community (see Socrates). Therefore, in order for the
philosopher to safely philosophize, public philosophy requires esoteric writing,
while naked philosophizing takes place in person among fellow
philosophers. This thinking obviously lends itself to all kinds of abuse
and caricature (one can imagine Straussian initiates huddling in a corner
whispering that god really is dead). Strauss' fundamental personal
exoteric/esoteric problem is that he was fundamentally critical of bourgeois
liberalism/capitalism from a philosophical perspective (it leads to Nietzche's
Last Man and the end of philosophy), but believed the American system was the
best of available alternatives compared to fascism, Stalinism, etc.
Therefore, he had to walk a fine line.

4. As far asStraussian networking, as far as I am aware, they
are the only conservatively inclined network in academia. Why would it be
surprising they provide resources for a conservative administration?

David Shemano


Re: Straussians

2003-06-18 Thread David S. Shemano
Title: RE: [PEN-L] Straussians





BTW, I should have mentioned that though the vast majority of pen-l would agree with Jahn's manifesto, David Shemano would not. ;-)
I would definitely get rid of Puerto Rico. I would keep the Virgin 
Islands, Samoaand Guam.
Everybody knows the moon landing was a hoax, so that is a non-issue.
David Shemano