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Yglesias

Competition Through The Courts

The mobile phone industry has been the scene of enormous competition and innovation. Mostly this has taken the form of software and hardware companies hiring engineers to try to build better mobile devices and sell them to consumers. Firms have risen and fallen, and nobody knows where it will end. But what we do know for sure is that all of us now have access to much better phones than were available five years ago. It’s like a capitalist’s dream. And then we have the bidding over the corpse of Nortel Networks:

Google is the youngest of these companies and has probably the smallest patent portfolio, most of which isn’t mobile or telecom related. This puts Google and Android at a legal disadvantage and explains the 45 patent infringement suits that one analyst says Google in presently facing in the mobile area alone. Google would have preferred to win the auction, but with the consortium sitting on more than $100 billion in cash, the outcome came down to determination, not resources. Google stayed in it only long enough to make sure of the consortium’s intentions and to make the purchase more painful for them, if that mattered. It certainly mattered to Google, because that $4.5 billion number will be at the heart of the inevitable anti-trust lawsuit Google will file almost immediately. Every good anti-trust lawyer in America just cancelled his or her July 4th holiday to prepare their pitch for Google, which will probably claim Restraint of Trade as well. Given that the courts will shortly be involved, Google can probably operate unfettered for another 2-3 years, during which they’ll try to build their own mobile patent portfolio. Google may well be able to use the courts to slow the actual Nortel transaction, too, according to my lawyer friends.

This kind of competition in which huge sums of money are sent to lawyers and consultants has a very different dynamic. When Google and Apple compete with one another in terms of designing better products, they’re both trying to enrich themselves. But their efforts spill over and enrich consumers at large. When Google and Apple compete with one another in terms of designing better lawsuits, they’re both trying to enrich themselves. But in this case, their efforts spill over and enrich law firms.

Yglesias

How Much Testing Is Too Much?

Jon Chait notes that opponents of using standardized tests to measure teacher quality are often exaggerating the extent to which anyone is proposing to rely on such tests:

Different states have different ways of measuring teacher performance. But none of them use student test scores as more than 50% of the measure (PDF). Classroom evaluations and other methods account for half or more of the measures everywhere.

This is, obviously, an important aspect of a well-designed evaluation system. In part, that’s because no test can capture everything that matters. In part, it’s because adding alternate evaluation methods into the mix is an important check against “teaching to the test” in too direct a way. And last it’s important because you need different evaluative methods in order to try to check and see if your methods make sense. If the results of your tests and the results of your classroom evaluations are constantly sending diametrically opposed messages, then you’re probably doing something wrong. If you’re interested in this sort of thing, Susan Headden recently published a detailed account of what specifically happens in DCPS’s super-controversial new IMAPCT teacher evaluation system. If you’ve heard that it just consists of Michelle Rhee administering standardized tests and firing people at random, you’re mistaken.

Politics

VIDEO: Constituents Confront Rep. Charlie Dent (R-PA) For Holding Debt Negotiations Hostage Over Tax Cuts For Rich

Rep. Charlie Dent (R-PA)

At a recent town hall meeting, Rep. Charlie Dent (R-PA) spoke to constituents about a host of issues. Many in the audience expressed their frustration that Dent and his party are holding the nation’s economy hostage over tax cuts for the very wealthy.

At one point during the meeting, several constituents challenged Dent to explain why he won’t budge on raising taxes for the wealthy back to Clinton-era levels, while Democrats have made trillions in concessions on vital programs:

CONSTITUENT: Three percent, we’re just saying, three percent that they gave in 2001, ask those wealthy people who have been doing great, who are doing better than anyone else. Just ask them to give their fair share. That’s all these Middle Class people are saying. Don’t saddle us with all of it.

DENT: I meant to ask you, what should the income tax rate be since you want to raise the income tax.

CONSTITUENT: I think it’s fair to say, put the wealthy tax rates back to where they were before 2001. Not a big deal.

DENT: Which rates are you referring to? Seriously–

CONSTITUENT: Thirty nine to thirty five percent–

DENT: You just want to raise the rates straight up.

CONSTITUENT: On the wealthiest people! To fix our fiscal problems.

DENT: That’s small businesses in many cases– [audience boos]

CONSTITUENT: You guys are protecting your sacred cows. Your oil company subsidies, everybody understands that. Just take ‘em, they don’t need them. The tax cuts for the extremely wealthy, they’re doing great, they don’t need them. You can’t come to us and say, ‘We’re going to take your Medicare away because we don’t think it’s working for you.’ [...] That’s why your boys [Republican leadership] are walking out of the room. They say take these off the table. Tell Mr. Cantor to put them back on the table.

Watch it, via Americans United for Change:

Yglesias

Are These Hostilities?

Drones over Somalia:

The clandestine American military campaign to combat Al Qaeda’s franchise in Yemen is expanding to fight the Islamist militancy in Somalia, as new evidence indicates that insurgents in the two countries are forging closer ties and possibly plotting attacks against the United States, American officials say. An American military drone aircraft attacked several Somalis in the militant group the Shabab late last month, the officials said, killing at least one of its midlevel operatives and wounding others.

Legal issues aside, it’s worth remembering the history in Somalia. When the Bush administration first started directly re-involving American military forces in Somalia, the evidence that the people we were fighting had any substantial links to transnational terrorism or desire to attack the USA was tenuous at best. But once we started fighting against them, it’s the most natural thing in the world for them to start forging deeper links with US enemies elsewhere and thinking of ways to fight back. For four or five years now, we’ve spiraled deeper into this conflict. And at each step, yes, it appears that we’re fighting legitimate bad guys. But where down the path has our involvement improved the situation?

Yglesias

Lack Of Demand

Jeremy Hobson interviews Larry Summers who, rightly, sees lack of demand rather than lack of consensus about the long-term budget situation as America’s primary problem:

SUMMERS: I worry about a number of things with respect to growth. Most profoundly I worry about lack of demand in the United States. That means that factory capacity is unused, it means that buildings sit empty, it means that too many people are unemployed. And I look for measure that will serve to promote the level of demand in the United States. That’s why using this moment to repair our infrastructure is so important. That’s why I believe that the payroll tax cuts that put money in people’s pockets and increased employers incentives to hire are so important. And that’s why I believe that opening foreign markets and promoting U.S. exports which creates more demand is so important. And China is obviously an important part of that story.

Exactly so. The “normal” economic problem for a country to have is that nearly all its resources are being used, and yet people sill don’t have as much stuff as they want. That’s a tough problem to solve, and it’s forgivable if at times policymakers struggle with it. But we have the problem of vast resources going unused. Factories that don’t run all the time. Able-bodied men and women who aren’t working. Construction equipment lying idle. Office and retail space vacant. It’s a strange problem to have and it’s stranger still to see a US Congress that’s so uninterested in doing anything about it.

Politics

PA Gov. Corbett Slashes Education and Health Care, Refuses To Tax Natural Gas Drilling

Pennsylvania Gov. Tom Corbett (R) signed a disastrous state budget last night that favors the natural gas industry at the expense of the state’s children and least fortunate citizens. The $27.15 billion budget does not raise taxes, but cuts health care for more than 100,000 of the state’s poorest residents. It did this by slashing Medicaid contributions by $280 million, which will result in a $425 million loss in matching federal funds. State universities and community colleges have announced the largest tuition hikes in state history as education funding took a heavy, $863-million hit.

Yet, state Republicans and Corbett did not have to punish children and the neediest to plug a $4 billion budget deficit. Several variations of natural gas drilling taxes were proposed this year, and an extraction fee tacked onto the budget by the state Senate last week would have raised $310 million. However, Corbett threatened to veto any tax, and he strong-armed the state House into withdrawing a vote on the tax this week just hours before it was scheduled to be debated. Corbett’s obstinacy continues even though Pennsylvania is the only major gas producer that does not tax its use.

So why is Corbett very friendly to natural gas, despite its documented dangers? It may be because the governor owes part of his political career to the industry, having accepted almost $1.3 million in campaign contributions from drillers. The Philadelphia Inquirer reported this week on the cozy relationship between Corbett and Chesapeake Energy, the state’s largest natural gas driller, which began during Corbett’s first statewide campaign for attorney general.

“For much of the fall of 2004, polls showed a slight lead for the Democrat. … Then, in the final weeks of the race, came a game-changer…$450,000 in campaign checks from Aubrey McClendon, CEO and chairman of Chesapeake Energy…The influx of cash helped Corbett narrowly win the closest attorney general’s race in Pennsylvania history and propelled him toward the governor’s mansion, where he has now pledged to turn the Keystone State into ‘the Texas of the natural-gas boom.’”

Chesapeake is one of the worst environmental offenders, having racked up fines of $900,000 and $188,000 in the last few months. They are also currently being sued by the attorney general of Maryland. Despite this, representatives from Chesapeake initially served on Corbett’s Marcellus Shale Advisory Commission. Since his election, Corbett has also favored the industry by lifting a moratorium on new drilling on public lands, and by requiring his office’s approval before any regulations against natural gas companies can be enforced.

Sean Savett

Climate Progress

BP Is Holding Gulf Restoration Process ‘Financially Captive’

Our guest blogger is Kiley Kroh, Associate Director for Ocean Communications at the Center for American Progress.

This week’s Senate hearing on the state of the Natural Resource Damages Assessment (NRDA) process highlighted the long bureaucratic ordeal of determining ultimate liability for last year’s Deepwater Horizon catastrophe. In the several months since the well was capped, BP has maintained it is committed to staying in the Gulf “as long as it takes.” In April the oil giant offered $1 billion to fund early restoration projects and witnesses testified that as many as 14 projects would be selected to begin as early as the end of this month.

While many were quick to commend BP for offering this money without obligation, officials on the ground are expressing growing concern over the amount of influence the corporation is able to exert. Because they control the checkbook, BP has the authority to sign off on all activities conducted by NRDA, including studies of affected areas. Garrett Graves, chairman of the Coastal Protection and Restoration Authority of Louisiana, pointed out the “inherent conflict” this creates between the financing sources and government agencies who are trying to carry out the restoration efforts:

It is a modern-day case of Stockholm syndrome, whereby responders are dependent upon the financial resources of and have repeatedly shown signs of empathy toward the responsible parties who hold them financially captive to the detriment of the will and best interest of the public.

The damaging effects of BP’s influence over the restoration process are already showing themselves. For instance, Graves noted that the corporation has been able to move to “prematurely designate oiled areas as [requiring] ‘no further treatment.’” In other words, the party responsible for the worst environmental disaster in U.S. history now has the power to dictate the course of restoration efforts.

Graves went on to articulate that it is almost impossible for government agencies to compete with the “armies of attorneys, marketing firms, PR campaigns, lobbyists, scientists and other consultants.” In the wake of the spill, the oil giant moved to quickly buy the silence of as many Gulf Coast scientists as they could, while simultaneously spending millions of dollars on flashy public-relations campaigns designed to perpetuate their message that the Gulf region was back to pre-spill conditions.

And BP’s involvement in determining their own liability doesn’t end there. Documents obtained by Greenpeace under the Freedom of Information Act show BP officials openly discussing how to influence the work of scientists supported by a $500 million fund the company created last year to fund what it claimed would be “independent research.”

The implications of BP dictating or even influencing scientific assessment and the appropriation of restoration funds go far beyond academic interest into the impact of the spill. The oil giant faces billions of dollars in fines and penalties, and possible criminal charges arising from the disaster and they’ve already disputed the government’s estimate that 4.9 million barrels of oil spewed into the Gulf, claiming they believe it could be half that amount. While the NRDA process is likely to drag on for several months, it is impossible to imagine how the final outcome could in any way be just if the accused is also a member of the jury.

NEWS FLASH

DOJ: Wife Of Lesbian Employee Should Receive Benefits, DOMA Is Unconstitutional | Via Metro Weekly’s Chris Geidner: Yesterday, the Department of Justice filed a brief in federal court on behalf of employee Karen Golinski’s federal court challenge, “supporting her lawsuit seeking access to equal health benefits for her wife and arguing strongly that the Defense of Marriage Act is unconstitutional.” The filing “responds to the June 3 filing by the lawyers for the House Bipartisan Legal Advisory Group’s Republican members asking the federal court in San Francisco to dismiss Golinski’s lawsuit.”

Yglesias

China’s Stimulus

Word from Prime Minister Wen Jiabao :

The thrust of China’s response to the crisis is to expand domestic demand and stimulate the real economy, strengthen the basis for long-term development and make growth domestically driven. We have implemented a two-year, Rmb4,000bn ($618bn) investment programme covering infrastructure development, economic structural adjustment, improving people’s well-being and protection of the environment. As a result, 10,800 km of railways and about 300,000 km of roads have been built and 210m kW of installed capacity for power generation have been added. We have boosted support for science and technology including by encouraging companies to carry out technological upgrading and innovation. More than Rmb1,000bn have been spent in rebuilding after the Wenchuan earthquake. In the affected areas, quality infrastructure and public facilities were constructed, and 4.83m rural houses and 1.75m urban apartments were rebuilt or reinforced. The quake-hit areas have taken on a new look. We are working to improve the balance between domestic and external demand, with the share of trade surplus in GDP dropping from 7.5 per cent in 2007 to 3.1 in 2010. China’s rapid growth and increase in imports are an engine driving the global recovery.

Now obviously what Wen doesn’t add to that is “and a lot of this new construction is pretty wasteful.” But the reality is that it is. People often say that China has a billion people. But it doesn’t. It has over 1.3 billion people. China is about as close to having a billion residents as the United States is to having eleven residents. Consequently, when you try to implement a very large scale government stimulus package in such a large scale country, you end up with, yes, a lot of waste. Hence the stories of ghost suburbs and so forth that you see in the press. That said, the question of waste ought to be in part a question of what is it that’s being wasted. Is China running out of concrete? Running out of steel? Running out of glass? No. It’s a waste in the sense that, in theory, that manpower and material that went into building it could have been used to build something else.

Compare that to the United States where we’ve done much less in the way of expansionary policy. The result has been much less waste. Instead, we’ve had years of mass unemployment. But that, too, is a waste. It’s millions of people sitting around feeling depressed and demoralized watching their job skills slowly but surely erode. It helps economize on concrete, but at the expense of wasting human potential. I don’t think we came away with the better deal.

Economy

JP Morgan Calls For Corporate Tax Break That JP Morgan Analysts Found Won’t Work

As we’ve been documenting, a group of multinational corporations have launched a campaign called “WinAmerica,” in an attempt to convince Congress to approve what’s known as a tax repatriation holiday. This tax holiday would allow corporations to bring money that they have stashed overseas back to the U.S. at a dramatically lower tax rate (instead of the 35 percent rate that they would normally pay).

JP Morgan’s chief equity strategist Thomas Lee has now jumped into the fray on behalf of his corporate brethren, promoting the holiday as a boost to the economy. “From a market’s perspective, this likely represents a substantial catalyst,” he wrote. However, just two months ago, JP Morgan analysts were singing a very different tune, finding that a repatriation holiday would do little good for the economy:

The JP Morgan researchers weigh in on the subject of repatriation and conclude that even in the unlikely event such a tax holiday is created — it’s opposed by the Obama administration — while there is a House bill on the matter, there is no companion legislation in the Senate — it would not result in a flood of repatriation. This is largely because much of the over $1 trillion worth of undistributed earnings overseas will likely be reinvested across the pond.

The corporations pushing for a repatriation holiday claim that it would create jobs and promote domestic investment. But corporate America is currently sitting on a record amount of cash, so the idea that it needs more to start creating jobs should be met with skepticism.

Plus, Congress already tried such a holiday in 2004.The companies that benefited most wound up cutting jobs, and companies started stowing even more money offshore in anticipation that another repatriation holiday could be wrung out of Congress.

Congressional Republicans have jumped on board the repatriation push, introducing a bill that would let companies pay just a 5.25 percent tax rate on money they bring in from offshore. The Joint Economic Committee found that a repatriation holiday would cost nearly $80 billion over 10 years.

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