After poor business decision-making in the financial sector was a primary cause of the Great Recession, and after years of board and management mistakes leading to the bankruptcies of industrial icons GM and Chrysler, the business community today faces a crisis of confidence in its own ranks and in broader society. Regard for corporations is at a historic lows
Many are asking: how can corporations govern themselves more effectively---and truly be held accountable?
I found this Times story of special moment because the Committee for Economic Development just a few days ago published a Policy Brief in which I tried to suggest a way forward. It was entitled: "Restoring Trust in Corporate Governance: The Six Essential Tasks of Boards of Directors and Business Leaders."
Necessary public policy debates are taking place all across the globe on new regulations to ensure the safety and soundness of the financial sector and to improve the governance of all publicly-held corporations (with focus on an enhanced shareholder role and mandated disclosure about compensation and risk processes).
But, regardless of regulatory outcomes, the destiny of public corporations will still turn on the complex decisions made by business leaders and boards of directors.
In my view, to meet the legitimate criticisms of business decision-making, corporations must first redefine their mission---and the role of the board and CEO.
To summarize a much longer discussion, they must clearly and explicitly redefine the purpose of the corporation as creation of long term economic value through sustained economic performance, sound risk management and high integrity.
In particular, business leaders must forge a sound balance between necessary risk-taking (creativity and innovation) and required risk-management (financial and operational discipline). They must fuse this high performance with high integrity. High integrity means a commitment to law, ethics and values in order to attain affirmative benefits in the company, the marketplace and global society but also to reduce legal, ethical, reputational, public policy and country risk.
The past emphasis on short-term maximization of shareholder value must be significantly reduced.
The Policy Brief then argues for five other essential tasks built on the imperatives of sustained performance, sound risk management and high integrity: revamped leadership training; a refocused CEO selection process; a restatement of operational goals across performance, risk and integrity dimensions; a revision of compensation that holds back or pays out a significant portion of pay as objectives are met, exceeded or missed; and a re-alignment of board oversight to focus on critical operational and compensation goals.
In my view, only if these six, closely connected tasks are carried out with focused intensity is it possible for trust to be restored. But there are many obstacles to prevent this from happening such as the short-termism of many institutional investors; a "money happy" labor market for business talent which will frustrate compensation regimes paying out over time and for performance, and problems in meaningful board oversight of management.
There is, thus, certainly reason for substantial doubts whether the "practical ideal" I suggest can be realized. For example, with the separation of ownership (shareholders) and control (managers), the theory was that the boards would represent the shareholders and control the management. Unfortunately, too often the practice has been that management controls the board (and, today, there is no one "shareholder" as various types of "shareholders" have myriad conflicting objectives and strategies).
Nonetheless, although other accountability mechanisms such as regulation may, limit private discretion in order to accomplish public goals, private decision-making by boards and business leaders still must drive corporations. This is where ultimate accountability will always lie, however uncertain and problematic.
And, for those skeptical about corporate governance, there is the answer of self-interest. With business facing a crisis in confidence about governance and accountability, it is, I believe, in the demonstrable interest of corporate leaders (and capitalism itself) truly to address legitimate criticisms, to provide a clear, credible and powerful private sector response and, as one alternative, to consider using the "actionable framework" of the six essential tasks.
* * * * *
For those interested in reading more, go to the website of the Harvard Law School Forum on Corporate Governance and Financial Regulation to find both a longer summary of the argument and the Policy Brief itself.
Ben Heineman Jr. is is a senior fellow at the Belfer Center for Science and International Affairs, in Harvard's Kennedy School of Government, and at the Harvard Law School's Program on Corporate Governance. He is the author of High Performance With High Integrity.
The Democratic insurgent’s campaign is losing steam—but his supporters are not ready to give up.
SANTA MONICA, Calif.—This is how a revolution ends: its idealism tested, its optimism drained, its hope turned to bitterness.
But if Bernie Sanders’s revolution has run aground in California, which will be one of the last states to vote in the Democratic primary on June 7, he was not about to admit it here, where thousands gathered on a sun-drenched high-school football field of bright green turf.
“We are going to win here in California!” Sanders said, to defiant cheers. In the audience, a man waved a sign that said, “Oh HILL no!”
This is Sanders’s last stand, according to the official narrative of the corrupt corporate media, and if there is anything we have learned in the past year, it is the awesome power of the official narrative—the self-reinforcing drumbeat that dictates everything.
A rock structure, built deep underground, is one of the earliest hominin constructions ever found.
In February 1990, thanks to a 15-year-old boy named Bruno Kowalsczewski, footsteps echoed through the chambers of Bruniquel Cave for the first time in tens of thousands of years.
The cave sits in France’s scenic Aveyron Valley, but its entrance had long been sealed by an ancient rockslide. Kowalsczewski’s father had detected faint wisps of air emerging from the scree, and the boy spent three years clearing away the rubble. He eventually dug out a tight, thirty-meter-long passage that the thinnest members of the local caving club could squeeze through. They found themselves in a large, roomy corridor. There were animal bones and signs of bear activity, but nothing recent. The floor was pockmarked with pools of water. The walls were punctuated by stalactites (the ones that hang down) and stalagmites (the ones that stick up).
Nicholas and Erika Christakis stepped down from their positions in residential life months after student activists called for their dismissal over a Halloween kerfuffle.
Last fall, student protesters at Yale University demanded that Professor Nicholas Christakis, an academic star who has successfully mentored Ivy League undergraduates for years, step down from his position as faculty-in-residence at Silliman College, along with his wife, Erika Christakis, who shared in the job’s duties.
The protesters had taken offense at an email sent by Erika Christakis.
Dogged by the controversy for months, the couple finally resigned their posts Wednesday. Because the student protests against them were prompted by intellectual speech bearing directly on Erika Christakis’s area of academic expertise, the outcome will prompt other educators at Yale to reflect on their own positions and what they might do or say to trigger or avoid calls for their own resignations. If they feel less inclined toward intellectual engagement at Yale, I wouldn’t blame them.
A gay-rights amendment takes down a House appropriations bill, and with it might go the speaker’s grand plan to revive the congressional spending process.
The state-by-state fight for gay and transgender rights has reached the floor of the House of Representatives, and it is ruining Speaker Paul Ryan’s carefully-laid plans for reviving the congressional spending process.
Republicans and Democrats voted down an annual bill appropriating funds for energy and water programs on Thursday morning after Democrats succeeded in attaching an amendment to bar federal contractors from discriminating on the basis of sexual orientation or gender identity. The provision drew bipartisan support only days after GOP leaders scrambled to defeat a similar amendment that Democrats tried to add to another appropriations bill—an embarrassing moment in which rank-and-file Republicans were cajoled into flipping their votes so the measure would fail. The attempt succeeded this time, but it became moot hours later when the underlying $37.4 billion measure went down in a landslide vote of 305-112, with majorities of both parties voting against it. The meltdown happened so quickly that it appeared to catch the House Appropriations Committee, which wrote the bill, off guard. The committee sent out a statement from Chairman Hal Rogers with a headline heralding its passage just minutes before it was voted down; it was quickly rescinded.
Narcissism, disagreeableness, grandiosity—a psychologist investigates how Trump’s extraordinary personality might shape his possible presidency.
In 2006, Donald Trump made plans to purchase the Menie Estate, near Aberdeen, Scotland, aiming to convert the dunes and grassland into a luxury golf resort. He and the estate’s owner, Tom Griffin, sat down to discuss the transaction at the Cock & Bull restaurant. Griffin recalls that Trump was a hard-nosed negotiator, reluctant to give in on even the tiniest details. But, as Michael D’Antonio writes in his recent biography of Trump, Never Enough, Griffin’s most vivid recollection of the evening pertains to the theatrics. It was as if the golden-haired guest sitting across the table were an actor playing a part on the London stage.
“It was Donald Trump playing Donald Trump,” Griffin observed. There was something unreal about it.
A year after Obama saluted the families for their spirit of forgiveness, his administration seeks the death penalty for the Charleston shooter.
On Tuesday, Attorney General Loretta Lynch announced she would seek the death penalty for Dylann Roof. It has not been a year since Roof walked into Emanuel African Methodist Episcopal Church and murdered nine black people as they worshipped. Roof justified this act of terrorism in chillingly familiar language—“You rape our women and you’re taking over our country.” The public display of forgiveness offered to Roof by the families of the victims elicited bipartisan praise from across the country. The president saluted the families for “an expression of faith that is unimaginable but that reflects the goodness of the American people.” How strange it is to see that same administration, and these good people, who once saluted the forgiveness of Roof, presently endorse his killing.
A researcher examines how politicians change their pitch and volume to attract voters
At a February 23 rally in Sparks, Nevada, Donald Trump pandered, as politicians are wont to do. He mentioned how “nobody loves the Bible more than I do,” and that “we have to change our system, folks,” and other things he believes to be pleasing to the median caucus-goer’s ear.
But if you listen closely, you can detect how he panders not just with his words, but with how he says them:
“By the way I think I’m going to win the Hispanic vote,” Trump says, and then a little more loudly and emphatically, “Do you know in the state of Nevada I win with Hispanics?!” Then, softly again: “They know I’m going to bring jobs in. They know I’m going to take jobs away from Mexico and China and all these places.”
A Greek archaeologist says he has located the classical philosopher’s final resting place.
A Greek archaeologist announced Thursday he has located the tomb of Aristotle, the classical philosopher whose voluminous writings shaped the intellectual trajectory of Western civilization.
Konstantinos Sismanidis, the archaeologist who excavated the find, announced the discovery at a conference in Thessalonica. The site is located in Stagira, a village in Greek Macedonia where Aristotle was born.
“We had found the tomb,” he said. “We’ve now also found the altar referred to in ancient texts, as well as the road leading to the tomb, which was very close to the city’s ancient marketplace within the city settlement.”
Although the evidence of whose tomb it was is circumstantial, several characteristics — its location and panoramic view; its positioning at the center of a square marble floor; and the time of its construction, estimated to be at the very beginning of the Hellenistic period, which started after the death of Aristotle’s most famous student, Alexander the Great, in 323 B.C. — “all lead to the conclusion that the remains of the arched structure are part of what was once the tomb-shrine of Aristotle,” Mr. Sismanidis said.
For centuries, philosophers and theologians have almost unanimously held that civilization as we know it depends on a widespread belief in free will—and that losing this belief could be calamitous. Our codes of ethics, for example, assume that we can freely choose between right and wrong. In the Christian tradition, this is known as “moral liberty”—the capacity to discern and pursue the good, instead of merely being compelled by appetites and desires. The great Enlightenment philosopher Immanuel Kant reaffirmed this link between freedom and goodness. If we are not free to choose, he argued, then it would make no sense to say we ought to choose the path of righteousness.
Today, the assumption of free will runs through every aspect of American politics, from welfare provision to criminal law. It permeates the popular culture and underpins the American dream—the belief that anyone can make something of themselves no matter what their start in life. As Barack Obama wrote in The Audacity of Hope, American “values are rooted in a basic optimism about life and a faith in free will.”
Nearly half of Americans would have trouble finding $400 to pay for an emergency. I’m one of them.
Since 2013,the Federal Reserve Board has conducted a survey to “monitor the financial and economic status of American consumers.” Most of the data in the latest survey, frankly, are less than earth-shattering: 49 percent of part-time workers would prefer to work more hours at their current wage; 29 percent of Americans expect to earn a higher income in the coming year; 43 percent of homeowners who have owned their home for at least a year believe its value has increased. But the answer to one question was astonishing. The Fed asked respondents how they would pay for a $400 emergency. The answer: 47 percent of respondents said that either they would cover the expense by borrowing or selling something, or they would not be able to come up with the $400 at all. Four hundred dollars! Who knew?