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.
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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 Vermont senator’s revolutionary zeal has met its moment.
There’s no way this man could be president, right? Just look at him: rumpled and scowling, bald pate topped by an entropic nimbus of white hair. Just listen to him: ranting, in his gravelly Brooklyn accent, about socialism. Socialism!
And yet here we are: In the biggest surprise of the race for the Democratic presidential nomination, this thoroughly implausible man, Bernie Sanders, is a sensation.
He is drawing enormous crowds—11,000 in Phoenix, 8,000 in Dallas, 2,500 in Council Bluffs, Iowa—the largest turnout of any candidate from any party in the first-to-vote primary state. He has raised $15 million in mostly small donations, to Hillary Clinton’s $45 million—and unlike her, he did it without holding a single fundraiser. Shocking the political establishment, it is Sanders—not Martin O’Malley, the fresh-faced former two-term governor of Maryland; not Joe Biden, the sitting vice president—to whom discontented Democratic voters looking for an alternative to Clinton have turned.
A newly discovered artifact buried with one of Jamestown’s most prominent leaders suggests he could have been a crypto-Catholic.
After 400 years in the Virginia dirt, the box came out of the ground looking like it had been plucked from the ocean. A tiny silver brick, now encrusted with a green patina and rough as sandpaper. Buried beneath it was a human skeleton. The remains would later be identified as those of Captain Gabriel Archer, one of the most prominent leaders at Jamestown, the first permanent English colony in America. But it was the box, which appeared to be an ancient Catholic reliquary, that had archaeologists bewildered and astonished.
“One of the major surprises was the discovery of this mysterious small silver box,” said James Horn, the president of the Jamestown Rediscovery Foundation. “I have to say, we’re still trying to figure this out. You have the very strange situation of a Catholic reliquary being found with the leader of the first Protestant church in the country.”
For anyone who has ever caught some treacly adult contemporary on the radio and wondered “Who on earth likes this stuff?” while twisting the dial, a new study might have an answer. A bunch of softies, that’s who.
In the paper, published recently in the online journal PLoS One, Cambridge psychologist David Greenberg theorized that music tastes are determined in part by peoples’ tendency to fall into one of two rough personality categories: empathizers or systemizers. Empathizers are people who are very attuned to others’ emotions and mental states. Systemizers are more focused on patterns that govern the natural and physical worlds.
Over the course of multiple experiments that included 4,000 participants, listeners took personality questionnaires and then listened to and rated 50 pieces of music.
The paper of record’s inaccurate reporting on a nonexistent criminal investigation was a failure that should entail more serious consequences.
I have read The New York Times since I was a teenager as the newspaper to be trusted, the paper of record, the definitive account. But the huge embarrassment over the story claiming a criminal investigation of Hillary Clinton for her emails—leading the webpage, prominent on the front page, before being corrected in the usual, cringeworthy fashion of journalists who stonewall any alleged errors and then downplay the real ones—is a direct challenge to its fundamental credibility. And the paper’s response since the initial huge error was uncovered has not been adequate or acceptable.
This is not some minor mistake. Stories, once published, take on a life of their own. If they reinforce existing views or stereotypes, they fit perfectly into Mark Twain’s observation, “A lie can travel halfway around the world while the truth is putting on its shoes.” (Or perhaps Twain never said it, in which case the ubiquity of that attribution serves to validate the point.) And a distorted and inaccurate story about a prominent political figure running for president is especially damaging and unconscionable.
The new version of Apple’s signature media software is a mess. What are people with large MP3 libraries to do?
When the developer Erik Kemp designed the first metadata system for MP3s in 1996, he provided only three options for attaching text to the music. Every audio file could be labeled with only an artist, song name, and album title.
Kemp’s system has since been augmented and improved upon, but never replaced. Which makes sense: Like the web itself, his schema was shipped, good enough,and an improvement on the vacuum which preceded it. Those three big tags, as they’re called, work well with pop and rock written between 1960 and 1995. This didn’t prevent rampant mislabeling in the early days of the web, though, as anyone who remembers Napster can tell you. His system stumbles even more, though, when it needs to capture hip hop’s tradition of guest MCs or jazz’s vibrant culture of studio musicianship.
Even when they’re adopted, the children of the wealthy grow up to be just as well-off as their parents.
Lately, it seems that every new study about social mobility further corrodes the story Americans tell themselves about meritocracy; each one provides more evidence that comfortable lives are reserved for the winners of what sociologists call the birth lottery. But, recently, there have been suggestions that the birth lottery’s outcomes can be manipulated even after the fluttering ping-pong balls of inequality have been drawn.
What appears to matter—a lot—is environment, and that’s something that can be controlled. For example, one study out of Harvard found that moving poor families into better neighborhoods greatly increased the chances that children would escape poverty when they grew up.
While it’s well documentedthat the children of the wealthy tend to grow up to be wealthy, researchers are still at work on how and why that happens. Perhaps they grow up to be rich because they genetically inherit certain skills and preferences, such as a tendency to tuck away money into savings. Or perhaps it’s mostly because wealthier parents invest more in their children’s education and help them get well-paid jobs. Is it more nature, or more nurture?
I agree: It’s why I wrote about how poorly iTunes performs for classical music listeners and, really, for anyone with a large music library.
But it’s worth spending time on iTunes’s specific design problems, which surpass those raised by managing a music library or listening to a specific genre. Toxic hellstew it may be, a new version of iTunes points at what kinds of technology are allowed to come out of Apple. Apple is the most valuable company in the world and an organization hailed for its good design. Why does iTunes fail at what it sets out to do?
An off-duty Medford, Massachusetts, cop threatened a motorist during a traffic stop. His colleagues seemed unperturbed by his behavior.
Three years ago in Medford, Massachusetts, narcotics detective Stephen LeBert calmly told the brother of a man he was arresting, “He’s selling drugs illegally. What they should do is just take him up to the railroad tracks and tell him to lay down.” He knew he was being recorded as he made the comment, as moments earlier, the footage shows him licking his finger and wiping saliva on the citizen’s lens. Medford Police Chief Leo Sacco says that he was counseled after the incident.
After watching that video, it comes as no great surprise that Detective LeBert was suspended earlier this week for another instance of misbehavior recorded by a citizen:
The footage, captured by the dashcam on a motorist’s vehicle, begins shortly after the driver got confused at a roundabout in an unfamiliar neighborhood and wound up briefly driving on the wrong side of the road (an error for which he would repeatedly apologize). At first, the motorist is terrified and starts to flee because Detective LeBert, who is driving an unmarked pickup truck and plainclothes, does not identify himself as a police officer, even as he is upset that the motorist doesn’t defer to him. “I’ll put a hole right through your fucking head,’’ LeBert says. “Pull your car over. I’ll put a hole right in your fucking head. I’ll put a hole right through your head.’’ The motorist begins to cooperate as soon as a badge is produced.
More on the F-16 and Cessna crash, and whether the collision of a military and a civilian aircraft was also a collision of cultures
Early this month an Air Force F-16, under the command of an experienced Air Force pilot, rammed into a small-civilian Cessna 150 propeller plane, not far from Charleston, South Carolina. The Air Force pilot ejected to safety; both people aboard the Cessna were killed.
The next three paragraphs are background for the pointed and interesting reader-messages I am about to quote. If you’re already up to speed with previous installments (one, two, three), you can skip ahead to the messages. They highlight an aspect of the modern military-civilian divide I had not considered before this episode.
In an original item on the crash, I noted some of the perils civilians could face when flying near designated military areas—even though this crash happened in ordinary uncontrolled airspace. That is, it occurred when neither plane was within a Military Operations Area (MOA), where civilian pilots are warned about risks from high-speed military aircraft, nor inside the controlled “Class C” airspace that surrounds Charleston’s airport. (Medium-sized commercial airports like Charleston’s typically are ringed by Class C airspace, so the controllers can sequence in the airline, cargo, civilian, military, and other traffic headed toward their runways. The very busiest airports, like LAX or JFK, are surrounded by larger zones of Class B airspace for their more complex traffic-control jobs. In case you’re wondering, Class A airspace is the realm above 18,000 feet where most jet travel occurs.)