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.
American politicians are now eager to disown a failed criminal-justice system that’s left the U.S. with the largest incarcerated population in the world. But they've failed to reckon with history. Fifty years after Daniel Patrick Moynihan’s report “The Negro Family” tragically helped create this system, it's time to reclaim his original intent.
By his own lights, Daniel Patrick Moynihan, ambassador, senator, sociologist, and itinerant American intellectual, was the product of a broken home and a pathological family. He was born in 1927 in Tulsa, Oklahoma, but raised mostly in New York City. When Moynihan was 10 years old, his father, John, left the family, plunging it into poverty. Moynihan’s mother, Margaret, remarried, had another child, divorced, moved to Indiana to stay with relatives, then returned to New York, where she worked as a nurse. Moynihan’s childhood—a tangle of poverty, remarriage, relocation, and single motherhood—contrasted starkly with the idyllic American family life he would later extol.
The Utah Republican is making no claims that he—or anyone else—can defeat Kevin McCarthy when the 247-member House Republican conference gathers behind closed doors on Thursday to elect their next leader. But Chaffetz’s theory of the case is that no matter what happens in that meeting, McCarthy can’t get the 218 votes he’ll need to formally win election by the full House as speaker. At least 30 arch-conservatives in the House Freedom Caucus will oppose McCarthy during the floor vote on October 29, and then the House will be deadlocked.
That scenario is precisely what frightens rank-and-file Republicans.
The House could become institutionally paralyzed until it found a candidate that a majority of its voting members supported as speaker. And if the Republican leader fell short on the first ballot, there’s no guarantee the party would quickly settle on someone else. “We’ve got to figure out how to get to 218 before we get to the floor. Because otherwise we could be literally doing this through the fall,” said Representative Tom Rooney, a McCarthy ally from Florida.
Americans’ enthusiasm for reheating last night’s dinner has faded as the nation has prospered. At times, it’s been a moral act; at others, a groan-inducing joke.
Irma Rombauer said she wroteThe Joy of Cookingwith “one eye on the family purse.” Maybe it’s not surprising, then, that the original 1931 edition had so much to say about leftovers. Rombauer carefully inventoried all the recipes in the book that could serve as vessels for leftovers, and she enthusiastically detailed her favorite all-purpose techniques, such as folding chopped leftovers (it didn’t really matter what) into waffle batter or mixing them with cream sauce and stuffing them into hollowed-out vegetables.
These tips resurfaced in editions of The Joy of Cooking published well after the Depression, but the tone on leftovers steadily shifted. In the early 1950s, Rombauer noted for the first time that too much budget-minded cooking could incite “family protest,” and she urged cooks not to think of leftovers as dreary. By the 1963 edition, the first published after Rombauer’s death, her daughter Marion Rombauer Becker drastically condensed the leftovers section and started it with a joke: “‘It seems to me,’ the minister said, after his new wife placed a dubious casserole on the table, ‘that I have blessed a good deal of this material before.’”
In an NPR interview, the Pretenders singer compared comments about her book—and its description of her sexual assault—to a “lynch mob.”
In maybe one of the most uncomfortable NPR interviews since Joaquin Phoenix went on Fresh Air, the Pretenders singer Chrissie Hynde spoke with Morning Edition’s David Greene on Tuesday about her book, Reckless. Or, more specifically, about the mass outrage sparked by the section in which she writes about being sexually assaulted at the age of 21 by a group of bikers, and of taking “full responsibility” for it.
GREENE: I’ll just read a little bit here: “The hairy horde looked at each other. It was their lucky day. ‘How bout yous come to our place for a party.’” And you ended up with them, and then you proceeded to describe what they were asking you to do. “‘Get your bleeping clothes off, shut the bleep up, hurry up, we got bleep to do, hit her in the back of the head so it don’t leave no marks.’” This certainly sounds like an awful, awful experience with these men.
HYNDE: Uh, yeah. I suppose, if that’s how you read it, then that, yeah. You know, I was having fun, because I was so stoned. I didn’t even care. That’s what I was talking about, I was talking about the drugs more than anything, and how f***** up we were. And how it impaired our judgment to the point where it just had gotten off the scale.
Here’s what happens if astronomers make contact with a civilization on another planet.
The false alarm happened in 1997.
The Green Bank Radio Observatory in Green Bank, West Virginia, was picking up some unusual signals—and Seth Shostak, then the head of the Center for Search for Extraterrestrial Intelligence (SETI) Research in Mountain View, Caifornia, was convinced that they had come from intelligent life somewhere in the universe.
“It looked like it might be the real deal,” Shostak recalled. Within a few hours, he had a call from The New York Times.
But within a day, it became clear that the source of excitement was actually a European satellite. To make matters worse, a second telescope in Georgia, which would have told the scientists about the true nature of the signal, wasn’t working.
The psychologist Sherry Turkle argues that replacing face-to-face communication with smartphones is diminishing people’s capacity for empathy.
Many of my daily conversations don’t involve eye contact. My roommate texts me from a neighboring bedroom. My boss sends me an instant message from a few feet away. Sometimes, the substitution of face-to-face talk for words on a screen makes me uneasy. Yet other days, it slips past unnoticed, and I too reach for a keyboard instead of finding someone’s gaze.
Sherry Turkle, a clinical psychologist and sociologist at the Massachusetts Institute of Technology, has spent the past 30 years observing how people react and adapt to new technologies that change the way we communicate. In her latest book, Reclaiming Conversation: The Power of Talk in a Digital Age, Turkle argues that texts, tweets, Facebook posts, emails, instant messages, and snapchats—simultaneous, rapid-fire “sips” of online communication—have replaced face-to-face conversation, and that people are noticing the consequences. Over-reliance on devices, she argues, is harming our ability to have valuable face-to-face conversations, “the most human thing we do,” by splitting our attention and diminishing our capacity for empathy.
Forget the Common Core, Finland’s youngsters are in charge of determining what happens in the classroom.
“The changes to kindergarten make me sick,” a veteran teacher in Arkansas recently admitted to me. “Think about what you did in first grade—that’s what my 5-year-old babies are expected to do.”
The difference between first grade and kindergarten may not seem like much, but what I remember about my first-grade experience in the mid-90s doesn’t match the kindergarten she described in her email: three and a half hours of daily literacy instruction, an hour and a half of daily math instruction, 20 minutes of daily “physical activity time” (officially banned from being called “recess”) and two 56-question standardized tests in literacy and math—on the fourth week of school.
That American friend—who teaches 20 students without an aide—has fought to integrate 30 minutes of “station time” into the literacy block, which includes “blocks, science, magnetic letters, play dough with letter stamps to practice words, books, and storytelling.” But the most controversial area of her classroom isn’t the blocks nor the stamps: Rather, it’s the “house station with dolls and toy food”—items her district tried to remove last year. The implication was clear: There’s no time for play in kindergarten anymore.
National Geographic Magazine has opened its annual photo contest, with the deadline for submissions coming up on November 16, 2015.
National Geographic Magazine has opened its annual photo contest, with the deadline for submissions coming up on November 16, 2015. The Grand Prize Winner will receive $10,000 and a trip to National Geographic headquarters to participate in its annual photography seminar. The kind folks at National Geographic were once again kind enough to let me choose among the contest entries so far for display here. Captions written by the individual photographers.
Two hundred fifty years of slavery. Ninety years of Jim Crow. Sixty years of separate but equal. Thirty-five years of racist housing policy. Until we reckon with our compounding moral debts, America will never be whole.
And if thy brother, a Hebrew man, or a Hebrew woman, be sold unto thee, and serve thee six years; then in the seventh year thou shalt let him go free from thee. And when thou sendest him out free from thee, thou shalt not let him go away empty: thou shalt furnish him liberally out of thy flock, and out of thy floor, and out of thy winepress: of that wherewith the LORD thy God hath blessed thee thou shalt give unto him. And thou shalt remember that thou wast a bondman in the land of Egypt, and the LORD thy God redeemed thee: therefore I command thee this thing today.
— Deuteronomy 15: 12–15
Besides the crime which consists in violating the law, and varying from the right rule of reason, whereby a man so far becomes degenerate, and declares himself to quit the principles of human nature, and to be a noxious creature, there is commonly injury done to some person or other, and some other man receives damage by his transgression: in which case he who hath received any damage, has, besides the right of punishment common to him with other men, a particular right to seek reparation.
What will happen to digital collections of books, movies, and music when the tech giants fall?
When you purchase a movie from Amazon Instant Video, you’re not buying it, exactly. It’s more like renting indefinitely.
This distinction matters if your notion of “buying” is that you pay for something once and then you get to keep that thing for as long as you want. Increasingly, in the world of digital goods, a purchasing transaction isn’t that simple.
There are two key differences between buying media in a physical format versus a digital one. First, there’s the technical aspect: Maintaining long-term access to a file requires a hard copy of it—that means, for example, downloading a film, not just streaming from a third party’s server. The second distinction is a bit more complicated, and it has to do with how the law has shaped digital rights in the past 15 years. It helps to think about the experience of a person giving up CDs and using iTunes for music purchases instead.