Corporations in the wake of the Gulf

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So, let's look at policy, because that is as always the real meat of any catastrophic event. The BP oil spill highlights several major deficiencies in corporate policy, environmental policy, and incentives that are inconsistent with both free market theory and common sense. Therefore, let's make a (by no means exhaustive) list of several policies that contribute not only oil spill safety, but to the response and cleanup, and in a broader sense, to the failures of corporations in general.

1: Limited Liability - beyond the obvious insanity of a 75 million dollar damage cap (and lol at anyone who thinks it will get waived), we must look at who any corporation is accountable - the shareholders, who effectively "own" the company. Because shareholders, or "owners" (principal) do not control, or exercise their control over the people running the corporation (agent), and they have no incentive to because of LL, there is thus no incentive to check abusive practices by a given corporation.

The solution is simple: abolish LL, make shareholders accountable for the practices of the company they partially "own". Now, one might protest based on the fact that some shareholders may be punished for having a small stake in the company, or having invested in a company through a mutual fund or other investment vehicle. Firstly, any action would be redirected towards the fund itself, and secondly, any action directed against individual shareholders would be based on:

1: The amount of money invested in the company
2: The amount of knowledge the person had of the company's practices
3: The effort spent on attempting to foster change in these business practices.

2: Economic Calculation in the Corporate Commonwealth - Big companies, like big political entities, are subject to inefficiencies in allocating resources and distributing information, and thus may produce results that may appear irrational. There are several reasons for this, such as LL producing agency problems, and "the irrational constraints imposed from above that result in red ink at lower levels" (Carson, 2007). An example of this are the hard deadlines that BP management imposed on Deep Horizon while it was being drilled - the size and complexity of the system resulted in a failure to recognize the safety risks of their "cost-cutting" and "time-saving" measures, and thus in the pursuit of minor profits, they were blind to the long-term costs that a rig explosion would incur.

Unfortunately, the solution to this (make companies smaller) is outside the scope of this argument, because it would entail two real options - either break up corporations by force, or assume that simply not allowing corporations to externalize the costs of their large size (through subsidies, tax breaks, and other interventions) and "let the market take care of it."

3: Subsidies - Subsidies effectively externalize the costs of oil production (and thus, oil consumption) onto taxpayers, and more specifically, externalize the costs of oil and other fossil fuels from people who use a lot of fossil fuel (industry) to people who use relatively little (consumers). Furthermore, such subsidies mask the true cost of oil production by suppressing gasoline prices, and draw resources away from R&D for alternate forms of energy production. Granted, renewables and ethanol get 28b in subsidies...but fossil fuels get 70b. But wait, that doesn't consider this "hidden" subsidy for fossil fuels, so yeah.

Of course, this more than applies to things like the auto industry (not only getting direct subsidies, but indirect ones through protectionism that shields them from competition, urban development that incentivizes people to drive), banking (low interest rates subsidizing irresponsible lending, and of course a 700 billion externalization of the costs of this onto American taxpayers), food (subsidies, subsidies and more subsidies), and so on.

4: Regulatory capture

...which is really a fancy economist word for "corruption". Essentially, by creating close connections with regulatory agencies, making political entities dependent on industry support, and by ensuring that regulatory policy is written to favor you, and hurt your competition, you essentially create a two-tiered legal system of "you and people in your position" and "everyone else". Thus, you can do what you want without worrying about being punished for violating other people's property rights, because the people enforcing said rights are getting paid not to enforce them against you!

5: Campaign Finance

Probably the quickest and easiest fix in a democratic system. Make all elections publicly financed - corporations and other entities can agitate, make PACs on behalf of someone, etc, etc, but they can't give direct contributions to a candidate.

Everyone who pays the filing fee gets the following amount of money depending on election level, based on a tier system. The first tier is for everyone, the second tier is reserved for everyone who garners 10% of the vote in a previous election.

Tier 1

Representative = 5m each
Senator = 10m each
President = 20m each

Tier 2

Representative = 20m each
Senator = 40m each
President = 100m each

By making the political process less subject to outside influence, the hope is that market interventions designed to reward this behavior will become less frequent.
 
1: Limited Liability - beyond the obvious insanity of a 75 million dollar damage cap (and lol at anyone who thinks it will get waived), we must look at who any corporation is accountable - the shareholders, who effectively "own" the company. Because shareholders, or "owners" (principal) do not control, or exercise their control over the people running the corporation (agent), and they have no incentive to because of LL, there is thus no incentive to check abusive practices by a given corporation.

The solution is simple: abolish LL, make shareholders accountable for the practices of the company they partially "own". Now, one might protest based on the fact that some shareholders may be punished for having a small stake in the company, or having invested in a company through a mutual fund or other investment vehicle. Firstly, any action would be redirected towards the fund itself, and secondly, any action directed against individual shareholders would be based on:

1: The amount of money invested in the company
2: The amount of knowledge the person had of the company's practices
3: The effort spent on attempting to foster change in these business practices.
We need to make a distinction here. Things like damage caps should indeed probably be got rid of. However, limited liability in the sense that shareholders are not liable beyond their own investment must not be abolished. Abolish that and you make every company a partnership, and every investor - every real person - could potentially face unlimited damages just for having bought one share. You'd pretty much kill off all investment, there'd be a massive stock market crash with all the consequences that brings. If the USA were to impose unlimited liability on all US shareholders the global economic consequences would make the credit crunch look like a minor blip.
 
cantab said:
Abolish that and you make every company a partnership, and every investor - every real person - could potentially face unlimited damages just for having bought one share.

Dude.

I specifically addressed this, directly in the block of my post you quoted! Unlimited liability would be to the corporation's assets as a whole, not unlimited liability to each shareholder. Furthermore, liability would also take into account the extent to which shareholders were negligent in overseeing the practices of the company they own, as well as what they could have done about it.
 
Okay, termininlogy error. However, mid-level and high-level shareholders should still be held accountable, not only financially but legally if it so applies. Again, it should be based on the level of influence a given shareholder might hold over the operations of the company, if any.
 
I understand that you believe it best to hold the 'influencial decision makers' responsible for the actions of a corporate entity. But I believe that any liability would severely cripple corporate effectiveness. Not only that, but what your implying would dry up the double taxation that gives our government billions in revenue. And on top of that open the door to have investors personal earnings become the target of countless lawsuits. And vice versa. It would distribute power directly into the hands of banks and creditors as they would now be allowed to peek into the personal debt of the 'decision makers' and allow them to make decisions accordingly where previously the corporation was it's own entity.

LL is the strength of corporations and our free market. The consumer holds the corporation accountable and in the issue of health and environmental issues the government holds corporations accountable. But neither should have access to the individual.

Your second point involves group think. Your putting all the blame on the guys upstairs imposing impossible deadlines and purchasing inferior products. When the challenger blew up one guy knew about the 'o ring' but just choose to keep his mouth shut because of a deadline. The people were in place who should have known better but they choose to keep their mouths shut for fear of 'losing their job'. This is still the fault of management and you are right that it should be addressed. *

I'm not clear on how you propose to fix it.

I don't know which subsidiaries your referencing in your third point but I'd imagine that each are effective tools used by the government for guiding corporations...

4th point : corporations are corrupt?!? Say it ain't so! But yeah they are corrupt. But their money spends just like mine and they have a lot more of it.

Your final point is inspired, however I think you forget that by capping the political engine you're not only eliminating corporate threat but also limiting interest groups. Though yes, corporations are able to dig their claws under the elected officials skin, the people have the ability to go out and form groups, collect money and lobby for their own beliefs to be upheld. Interest groups help to provide power to the individual, they are the last people I'd want to limit. Or maybe I misunderstood your post o.O

PS - great stuff, I enjoy this type of discussion!
 
5: Campaign Finance

Probably the quickest and easiest fix in a democratic system. Make all elections publicly financed - corporations and other entities can agitate, make PACs on behalf of someone, etc, etc, but they can't give direct contributions to a candidate.

Everyone who pays the filing fee gets the following amount of money depending on election level, based on a tier system. The first tier is for everyone, the second tier is reserved for everyone who garners 10% of the vote in a previous election.

Tier 1

Representative = 5m each
Senator = 10m each
President = 20m each

Tier 2

Representative = 20m each
Senator = 40m each
President = 100m each

While I like the idea behind it, this is ridiculous. I'll just run representative then, and take my free 5 million. Sure, of course it'll go towards my campaign, I just happened to hire everyone I know to become advisors and staff.
 
Dude.

I specifically addressed this, directly in the block of my post you quoted! Unlimited liability would be to the corporation's assets as a whole, not unlimited liability to each shareholder. Furthermore, liability would also take into account the extent to which shareholders were negligent in overseeing the practices of the company they own, as well as what they could have done about it.

And who will decide which persons are negligent? I would certainly hope it is not some benighted governmental bureaucracy.

The biggest problem is that all this outrage only makes sense when you're taking herculean risks with a behemoth company. It would be suicide for anyone to start a small business (being effectively the person in charge of everything) because a single legal infraction could destroy your business' viability. That is why many small businesses choose to register as an LLC instead of a sole proprietorship, because the tax implications are outweighed by the protection offered to personal assets.

You cannot make such a law without arbitrarily deciding where a "small business" becomes a "big business," and small businesses are the backbone of a free market society.

Weeding out corruption is the most important part of your recommendations. Government is the font of all corruption because it enables it to continue unabated. Private corruption is generally illegal and punishable when discovered by a government fulfilling its proper regulatory duties. When the government becomes an active player in the corruption, such as it did in the case of BP, Oil and Gas in general, and many of the other various subsidy lobbyists the taxpayer loses. Elections are not good enough because they never replace the corrupt bureaucracy, a bureaucracy consisting of the most asinine construct known to man: public employee unions.

It should be illegal for government workers to unionize. It is robbing Peter to pay Paul for mugging James and John. Union bosses sway the votes of their members and control the outflow of dues in exchange for ever more lavish benefits, every centilla of which comes from OPM: Other People's Money. They are nothing but a perpetual motion machine of corruption. Grease their palms and they'll let you get away with anything, because no matter who oversees them or becomes an executive officer, nothing short of the sudden and total abolition of their agency will extricate them. Public employee unions are basically begging for pay for play wheeling and dealing, the union boss has zero accountability for where collected dues are spent.

I disagree with public financing for campaigns. If you are a compelling candidate with a platform that resonates, donations from private citizens and PACs should be enough. Any entity should be able to produce any advertisement or campaign message at any time, people willing to lie about your record to lose you an election are not going to care about political ad moratoriums; they'll just drop a hit piece is the Globe-Democrat local broadsheet instead. These days you can start organizing essentially for free with online media and a motivated base.
 
It should be illegal for government workers to unionize.
Why? Why should an employee's rights depend on who pays their wages?
Not to mention the freedom to form and join trade unions can be considered a subset of general freedom of association, which the US Supreme Court has held is an essential part of freedom of speech, a constitutional right. I thought you were in favour of protecting the rights defended in the Constitution.

So some public sector unions have negative effects. That doesn't mean basic rights can be overridden. Some gun owners use their guns for crime, but you don't accept that as an arguement for ignoring the 2nd Amendment and banning guns.
 
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