Archive for September, 2008

The Costly Free Market

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Written by: Nick Caleb
Researched by: Casey E. Sanders
Edited by: Stefanie Herrington, Daniel Kwak, and Eric Blaine
Managing Editor: Amy E. Seely

ATTENTION:  The final buzzer may have just sounded on the Wall Street Era.

The global marketplace is in the midst of a serious financial crisis of which the effects are in no way limited to American International Group (AIG). Alan Greenspan, former chairman of the federal reserve, says that the economy is the worst he’s ever seen. In addition, economic experts agree that a quick fix is needed to stave off complete economic collapse. In the next few days and weeks, there will AIG Bailoutbe an intense policy debate that could shape the face of the market for decades to come. To reconstruct the mechanisms that led to this crisis, one need only revisit a bit of recent regulatory history.

One of the changes in the law that contributed to the current crisis was the 1999 repeal of the Glass-Steagall Act, which was enacted after the 1929 stock market crash. In short, the Act banned banks, insurance companies, and brokerage firms from teaming up. This legal barrier protected bank depositors from the higher risks associated with security transactions (those involving stocks, bonds, and derivatives), instead of making traditional, safer investments with the best interests of depositors in mind. As Slate Magazine explains, “in the 1920s commercial banks (the types that took deposits, made construction loans, etc.) recklessly plunged into the bull market, making margin loans, underwriting new issues and investment pools, and trading stocks. When the bubble burst in 1929, exposure to Wall Street helped drag down the commercial banks.” After twenty-five years of unsuccessful attempts to repeal the law, the 1998 Citicorp and Travelers merger (resulting in Citigroup) finally persuaded the U.S. government to remove Glass-Steagall from the books.
When Glass-Steagall was repealed, commercial and investment banks became intimately reacquainted, bringing back the conflict of interest that existed before the Great Crash. In fact, today many banks own brokerage firms and provide investment services. The repeal was a green light for commercial banks to re-enter the high-risk securities markets. On the advice of financial advisors, government regulation was reduced mainly to “private counterparty surveillance” and “oversight of process,” while commercial banks were re-exposed to Wall Street in a big way.

As Wall St. looked to best exploit the situation, securitization of debt became a major trend. Essentially, any leased property, residential mortgages, home equity loans, student loans, credit card debts, and other debts can be “bundled” into asset-backed bonds which can be traded like any other stock or bond. Banks began to issue mortgage loans and then sell the promise of repayment to another larger institution (like an international investment bank, hedge fund, private equity fund, etc.). The larger institution would combine many of these mortgages (or other forms of debt) into a “bundle” and then use the promise of its future repayment as collateral for a loan–from yet another institution–that would finance a merger or corporate restructuring effort.

Widespread securitization, combined with risky lending and borrowing, an inability of homeowners to make mortgage payments, and extremely low interest rates from the Federal Reserve gave rise to the subprime mortgage crisis.

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Reporter Sources and Confidentiality

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Written by: Matthew A. Schroettnig
Researched by: Steve Glista
Edited by: Darci G. Van Duzer
Managing Editors: Stefanie Herrington and Lauren E. Trent

“Our liberty cannot be guarded but by the freedom of the press, nor that be limited without danger of losing it.” -Thomas Jefferson to John Jay, 1786

A press that is free to publish what it wants without fear of government censorship or intervention is “one of the great bulwarks of liberty.” The authors of the U.S. Constitution intended the free American press to function as a necessary check on government power. Reporters play a vital and necessary role in this, but how much power should they hReporter Sourcesave to maintain the anonymity of their sources?

Uncensored information is necessary for democracy because citizens can only meaningfully exercise their right to vote when they have all of the relevant information.

“Once one accepts the premise of the Declaration of Independence — that governments derive “their just powers from the consent of the governed” — it follows that the governed must… have full freedom of expression both in forming individual judgments and in forming the common judgment.” - Thomas I. Emerson, “Toward a Theory of the First Amendment.”

While there is near-universal agreement that the public must be informed for democracy to function properly, courts frequently debate various mechanisms for delivering information. These debates beg a number of important questions, including:  should a reporter’s promise of confidentiality trump a grand jury subpoena? What if the act of giving the reporter information was illegal? What if the reporter’s source lied?  This article will provide a brief discussion of the merits of a reporter shield law, taking into account the protections the First Amendment already provides.

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Owning the News: How the AP is Trying to Take Its Ball and Go Home

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Written by: John Deininger
Researched by: Darci G. Van Duzer
Edited by: Steve Glista and Adam Gottlieb
Managing Editor: Amy E. Seely

This just in: “Patriots Lose Brady….” That’s it. “Aaron Rodgers added a….” Nope, sorry. “X-rays on Young’s knee….” Seeing a pattern to the quotes?  Anything more and the Associated Press (AP) may demand AP Fair Usepayment for quoting its article, and the prices are outrageous. Want to know what happened — if Tom Brady will ever play football again, or if the Patriots are doomed?  Too bad: at those prices, we can’t afford to tell you!

The AP, the unbiased news source for staggering amounts of information that Americans receive every day, began the summer by trying to reassert its claim to its published material. It targeted the left-leaning website Drudge Retort and demanded it remove quotes from AP stories. Other AP targets in the blogging world quickly rallied to the cause. In the only true bipartisan effort of this campaign season, both the liberal blog Daily Kos and conservative commentator Michelle Malkin are challenging the AP; Daily Kos actually appears to be daring the AP to sue, and Michelle Malkin is using the AP’s prices against it by suggesting it owes her $132,125 for the unauthorized use of her material.

Ultimately, the Drudge Retort and the AP were able to work through their differences without resorting to litigation, and the AP is now re-evaluating how it enforces its copyright — it plans on releasing guidelines for bloggers. Even if the AP’s new guidelines are reasonable, can it demand payment for the use of small quotations in a way that complies with United States copyright laws?

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English, the Language of Shakespeare…and Golf?

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Written by: Jeff W. Richards
Researched by: Jay D. Hall and Brady Iandiorio
Edited by: J. Aaron Landau and Mary Anne Nash
Managing Editor: Lauren E. Trent

LPGA English for DummiesThe Ladies Professional Golf Association (LPGA), perhaps subscribing to the theory that any publicity is good publicity, inflamed sensibilities this week when news leaked that it will soon require players to be able to hold a conversation in English. Some regard the policy as a protectionist reaction to the recent influx of non-English speaking Asian players to the game. Others deride the choice as a discriminatory move by an organization that has, until recently, touted its diversity as an international tour.

For its part, the LPGA contends that the new requirement is critical to addressing problems with marketing and sponsorship. The organization depends heavily on professional-amateur (Pro-Am) tournaments to fund its 62 million dollar budget. For that model to function, the LPGA needs stars capable of talking to the clients who spend thousands for the privilege of golfing with them, and capable of making victory speeches for media groups that pay to broadcast the events. Stories of players paying fifteen thousand dollars or more to play, and then exchanging only a few words with the pro during an entire 18 holes, while merely anecdotal, are evidence that there may be a very real need for reform. The question remains whether the LPGA’s response to that need passes legal muster. Certainly, requiring players to be English speakers is discriminatory - but is it illegal discrimination? Read the rest of this entry »