Federalist Society To Explore Dodd-Frank On Oct. 14 In Clayton

The Dodd–Frank Wall Street Reform and Consumer Protection Act is probably one of the more contentious pieces of legislation to become law in the last decade. Often referred to only as “Dodd-Frank,” the bill passed in response to the Great Recession to help the country avert another economic meltdown, in part by reforming the financial services industry. Yet critics argue that the bill did very little to protect the United States against the issues that made the recession so deep and damaging.

What do the experts think? Did the law protect Americans? Did it leave the U.S. economy exposed? The St. Louis Federalist Society sponsors a panel event featuring U.S. Rep. Blaine Luetkemeyer (R-Dist. 3-Mo.), Saint Louis University Law professor Ann Scarlett, and attorney Gregory Jacob. The panel will discuss those issues from 5 to 6:30 p.m. on Mon., Oct. 14 at the Crowne Plaza Hotel in Clayton.

Reservations, which close on Oct. 11, can be made here. Should be a very interesting event.

The Best Bargain I Ever Made

As first appearing in the September 30, 2013, print edition of The Weekly Standard:

Though I never met the man, I feel a debt of gratitude to Ronald Coase, the Nobel Prize-winning economist who died on Labor Day at age 102. Reading his “Nature of the Firm” – one of the most cited essays in all of economic literature – encouraged me to start my own business.

Two decades ago, I persuaded John McDonnell, the CEO of McDonnell Douglas, then the nation’s 23nd largest industrial company, to outsource the biggest part of my job (writing his speeches) back to me as an independent writer. I left the company with an annual contract that paid me no less money than I was making before and that allowed me to pursue other clients. But as I told John McDonnell, I also knew that I had to perform at a high level – being painfully aware of the fact that the company could cancel my contract at any time if I did less well as an independent contractor than I had as a “salary-man” (to use the Japanese expression) or employee.

Anyone familiar with Ronald Coase’s work will recognize that I had struck a classic “Coasian” bargain – finding an efficient free-market solution to a particular problem (my unhappiness with the corporate environment and desire for independence) that worked for both parties: The CEO accepted the notion that I would be a hyper-motivated non-employee, and I became my own boss.

Coase was the first to ask – and provide a plausible answer to – the question of why companies exist . . . and why a critical part of their success comes from getting large numbers of people to submit to a form of voluntary servitude – punching a time clock and giving employers the right to direct their performance in exchange for predetermined wages or salaries and protection from sudden or arbitrary dismissal.

His answer was that companies exist for the purpose of reducing “transactions costs” – meaning all the costs of trying to order economic activity through voluntary exchange. That includes the costs of searching out and evaluating other parties; negotiating contracts; maintaining communication; and policing and enforcing the terms of those contracts.

Imagine the extraordinary difficulty that a Henry Ford or a William Boeing would have faced in trying to contract out for every part and every task going into the assembly of a car or airplane. Hence the need for the visible hand of management in coordinating the allocation of resources.

At the same time, Coase fully appreciated the disciplines and rewards of free enterprise, and he was acutely aware of the tendency of corporate (or government) bureaucracies to stifle individual initiative and kill any sense of real ownership that people have over the quality of their own work. Within a large, publicly owned corporation, no one, including the CEO, is spending his own money.

Citing the picturesque words of another economist (D. H. Robertson), the British-born Coase, who spent most of his working life in the United States, described companies as “islands of conscious power” – or central planning – in an “ocean of unconscious (i.e., spontaneous free-market) cooperation . . . like lumps of butter in a pail of coagulating buttermilk.”

The “lump of butter” of which I was a part in the early 1990s was a shrinking rather than a growing mass: In just three years, the company shed more than 50,000 jobs, or 42 percent of the workforce. In the midst of all the downsizing, people were angry and confused – not knowing where the axe would fall next and bitterly resenting a sudden loss of the personal security that they had gained (and felt entitled to) through years of fealty to the same company. What they didn’t see was that a whole way of life was disappearing.

And now it is gone. Today, no one – not even someone graduating from a top business school – expects to spend his or her entire adult life with a single company. Everyone accepts that big companies really aren’t built to last. More like lumps of butter than castles of perpetual growth and stability, they may dissolve at any moment and disappear into the liquid churn.

One may think of the quarter of a century from 1955 (the first year of the Fortune 500) to 1980 as a golden age for big business in America. During that time, Fortune 500 companies ruled the roost – growing at about twice the rate of GDP growth and enjoying robust profitability from one year to the next – even during recessions. In 1975, the last year of the virulent recession touched off by the Arab oil embargo, only 15 Fortune 500 companies, or 3 percent of the total, reported losses, and all of the top 50 companies were solidly in the black.

Compare that to 1993 – which happened to be my last year as an employee at McDonnell Douglas. This was a brutal year for many big companies. Even though the 1990-91 recession was officially over, no fewer than 151 Fortune 500 companies – or just more than 30 percent – lost money in 1993, and that included 4 out of the top 10 (GM, Ford, IBM, and DuPont) and 22 out of the top 50 ranked by revenues.

To add just one more statistic gleaned from sifting through old issues of the Fortune annual survey, it is worth noting that Fortune 500 companies shed close to 3 million jobs in the 10-year period ending in 1993.

So what happened to bring the era of big business dominance to a close and set the stage for a new era of entrepreneurship and greater dispersal as opposed to centralization of economic activity?

We may turn to Ronald Coase for what I believe is the key insight. In his essay on the nature of the firm – published in 1937, when he was a young professor at the London School of Economics – he addressed the different ways in which technological advancements could affect the size of companies:

It should be noted that most inventions will change both the costs of organizing and the costs of using the price mechanism. In such cases, whether the invention tends to make firms larger or smaller will depend upon the relative effect on these two sets of costs. For instance, if the telephone reduces the costs of using the price mechanism more than it reduces the costs of organizing, then it will have the effect of reducing the size of the firm.

But of course, I thought, when I read those words for the first time. This was a year before John McDonnell and I struck our Coasian bargain. With his encouragement, I had agreed to take part in a research project by the Center for the Study of American Business at Washington University in St. Louis examining how U.S. firms (including McDonnell Douglas) were responding to the twin challenges of the information revolution and globalization . . . and to write sections of a book (The Dynamic American Firm) summarizing the findings.

Coase’s thinking loomed large in the book and in my own subsequent decision to go out on my own.

The mainframe computers that came into existence in the 1950s were so big and expensive that only the biggest companies could use them. With the help of these early computers in reducing the costs of organizing production and marketing, Fortune 500 companies became bigger and more prosperous throughout the sixties and seventies.

Then came the information revolution – which (even before the Internet) had the opposite effect of reducing the size of firms. It reduced the need for corporate bureaucracy. Still more, it caused many big companies to disassemble their carefully constructed vertical empires and to contract out for just about everything outside of their own core competencies. I knew that writing was not one McDonnell Douglas’s core competencies, and I reasoned that I should set a price for my work as an outside contractor that would be equal to the cost that the company would incur in having to hire a full-time speechwriter to replace me. Because the drafting of speeches and annual reports took maybe 50 percent of my time at McDonnell Douglas, I figured I would free up many hours that would go into serving other clients.

The Dynamic American Firm did not become a best-seller, but in re-reading some passages of the book, I can relive some of the excitement that I felt in pondering the next step in my own life:

Like “de-industrialization,” the rapid rise in business services and self-employment over the past several years has set alarm bells ringing in enlightened centers of thought. “In the future,” one displaced executive told Time magazine, “we are going to be moving from job to job in the same way that migrant workers move from crop to crop.”

Perhaps. But unlike the migrant worker, today’s corporate refugee, equipped with a personal computer, printer, copier and fax machine – all purchased for about $7,000 – can earn a good living toiling in the comfort of his, or her, home. That is so because the information revolution has greatly reduced transactions costs – for big firms and small contractors alike.

Coase may have done more to extend our understanding of business and commerce than any thinker since Adam Smith. But his influence did not stop there. He also had a profound influence in challenging the belief that government regulations, taxes, or subsidies were the best and, indeed, the only way of dealing with actions of business firms that have harmful effects on others, with a commonly cited example being the emission of sparks from a train that causes damage to a farmer’s crops along the railroad’s right-of-way.

In a “The Problem of Social Cost,” his second most famous essay, published in 1960, Coase argued that most disputes of this nature are best resolved by negotiation, rather than regulation or imposing strict penalties on the damaging party.

As Coase pointed out, both the railroad and the farmer would be better off if the latter agreed not to cultivate the vulnerable portion of his land in exchange for a payment that would equal or exceed the opportunity cost incurred in foregoing its cultivation. In other words, without regulation, the two sides could easily reach a mutually beneficial solution.

“The Problem of Social Cost” gave rise to a whole new body of literature in the field of “economics and the law.”

In awarding him the 1991 prize in economics, the Nobel committee observed that “Coase may be said to have identified a new set of ‘elementary particles’ in the economic systems.” Coase himself made no such claims, saying in a 2012 interview, “I’ve never done anything that wasn’t obvious and I didn’t know why other people didn’t do it.”

Andrew B. Wilson is a resident fellow and senior writer at the Show-Me Institute, which promotes market solutions for public policy in Missouri.

Emerald Automotive Still Seeking The Green

It’s been a couple years since we first discussed hybrid car start-up Emerald Automotive. When we last left it, Emerald was debating whether it would pursue the (doomed) Aerotropolis tax credits of 2011 — in context, a very creative avenue of funding for a car company. Since then, updates on the very-much earthbound car manufacturer have been infrequent. The last article I’ve been able to find from a major Saint Louis daily was last January, and things weren’t looking good for the project.

The original timetable called for the Hazelwood plant to be producing vans by 2014, but that has been pushed back because the company is still searching for funding — about $160 million — to build the facility, Marble said.

In addition to some private capital, Emerald has received a $3 million loan from Hazelwood and $2 million from the Missouri Technology Corp., plus a $5 million grant from the British government’s Technology Strategy Board.

The company had hoped to snag a $100 million-plus loan from the U.S. Department of Energy’s Advanced Technology Vehicle Manufacturing Program, but withdrew that application last summer to pursue private investment options after federal energy loans stalled in the wake of the Solyndra controversy. Solyndra, a solar-panel manufacturer, went bankrupt after getting a $535 million DOE loan.

It’s never a good sign when your project, rightfully or wrongfully, gets lumped in with publicly financed boondoggles like Solyndra. The online publication Patch.com reported in July that Emerald says it will open its doors in 2015, with 600 jobs waiting in the wings. But as this process drags on, it begs the question: Is the Emerald project actually happening?  I left a message with the Missouri Technology Corporation (MTC) to find out; I haven’t received a return call.

Fortunately, Hazelwood’s office of economic development was more helpful. Hazelwood indicated that after abandoning the Department of Energy’s loan program, Emerald indeed turned its sights to finding investments from the private market and had been giving demonstrations of their product to potential investors. Although Hazelwood did not have a figure for how close Emerald had gotten to its original $160 million goal, it was pretty clear that Emerald wasn’t exactly getting close — at least not yet. Hazelwood and the MTC could take possession of some of Emerald’s patents if the company goes out of business, but as the Mamtek situation reaffirmed, there’s no telling whether the patents are worth anything close to the public loans that supported the company. That should leave us all a little unsettled.

On the positive side, I was happy to hear that the company is turning its attention to getting investments from the private market. That’s how it should have been from the beginning, and how it should be going forward. Every itemized dollar of investment noted in the St. Louis Beacon article was related in some way to government funding. That’s not how capitalism is supposed to work.

Will Emerald find the green? Time — and hopefully, the market — will tell. We’ll keep you posted.

Time For Teacher Tenure Reform?

As first appearing in Southeast Missourian, September 23, 2013:

In New York City, it is incredibly difficult to remove a tenured teacher. There are, however, many differences between teacher tenure laws and policies in New York City and those in Missouri. In New York, teachers are granted tenure after their third year of teaching. In Missouri, it is five years. New York City has a cumbersome collective bargaining agreement; collective bargaining is a relatively new concept for Missouri teachers. Still, teacher tenure remains an important and contentious issue in Missouri.

Missouri statute says teachers earn an “indefinite contract.” However, state laws also allow school administrators to remove teachers for reasons of misconduct or incompetence. The question really is, how difficult is it to remove a tenured teacher for his or her performance in the classroom? And should it be easier?

On one side, teachers’ unions say state laws simply grant due process. On the other, some claim removing a tenured teacher is a herculean task. In a recent policy study with Kacie Barnes, I explored this question. We wanted to find out from the group that should know best — superintendents — how difficult it is to remove a tenured teacher.

We surveyed 192 Missouri public school superintendents about the topic. According to superintendents, it is not impossible to remove a tenured teacher, but it is certainly not easy, either. Nearly 75 percent indicated it was either “somewhat” or “very difficult” to remove a tenured teacher. This difficulty primarily comes from the time and paperwork necessary to navigate the bureaucratic process.

Administrators also must consider important political dynamics and the cost involved. Because the circumstances can vary greatly, estimates of the cost involved to remove a tenured teacher can vary widely, from very little to hundreds of thousands of dollars. For these reasons, among others, very few tenured teachers are removed for their performance — three-tenths of 1 percent, by our estimates.

Should we reform teacher tenure? According to superintendents, yes. Ninety-two percent of superintendents in our survey indicated they would be supportive of some type of teacher tenure reform. One superintendent unequivocally stated, “Teacher tenure is the greatest restraint to student performance!”

A possible solution many superintendents in our study mentioned is multiyear contracts. Ultimately, it seems more superintendents would like the ability to develop local policies that best meet the needs of their teacher labor force.

We may not have rubber rooms, but Missouri superintendents recognize that teacher tenure is an issue that should be addressed.

James V. Shuls, Ph.D., is the education policy analyst at the Show-Me Institute, which promotes market solutions for Missouri public policy. You can find the full policy study, “The Power to Lead: Analysis of Superintendent Survey Responses Regarding Teacher Tenure,” online at showmeinstitute.org.

Pro-Obamacare Saint Louis Hospital Cutting Back Benefits To Part-Timers … Apparently Because Of Obamacare

Earlier this year, BJC Healthcare hosted a press conference supporting the expansion of Medicaid in Missouri under the Affordable Care Act (ACA) — a fiscally irresponsible move that would just pump more money into the already broken state program. For BJC, the press conference made sense; it and hospitals across the country supported the law’s passage in 2010 believing they’d make more money by negotiating and defending the government’s overhaul plans. So when the supper call came late last year to get the Medicaid gravy train moving in Missouri, it wasn’t surprising that BJC and its CEO were out there ringing the triangle.

Yet, that BJC would become the face of the “Affordable Care Act” — also known as “Obamacare” — in Missouri takes some serious nerve. In 2012, the health system’s profits rose a whopping 129 percent, to more than $365 million from $158 million just a year before. It’s clear enough that BJC has done well in the three years since the bill was passed. But just because those three years have been good to some in the health care industry doesn’t mean it’s been as great for everyone, let alone BJC’s own employees. Just ask some of BJC’s part-timers:

BJC Healthcare, the largest St. Louis employer, is preparing to cut health insurance benefits for some of its part-time employees.

According to two part-time nurses with the BJC system, managers and Human Resources representatives recently began informing certain employees that those who do not work at least 24 hours per week will be ineligible for health benefits.

This change of policy could affect thousands of workers at Barnes-Jewish Hospital, St. Louis Children’s Hospital, Christian Hospital and BJC’s other hospitals, outpatient centers and clinics.

BJC declined to discuss the matter.

Why would health care provider BJC cut health care benefits at this moment in time? You may have already guessed at the reason:

One part-time nurse at Barnes-Jewish Hospital, who requested anonymity, said that she was recently told by a BJC manager that these health benefits were pared back as a consequence of the new health care law.

“Affordable Care”? (Emphasis mine)

Chris Johnson, vice president and manager of consulting services at J.W. Terrill, said dropping part-timers from health care coverage is a growing consideration as businesses grapple with rising health care costs and changes to the health care landscape under Obamacare.

The Affordable Care Act made care less affordable, created a system that could end up with American jobs being shipped abroad, imposed (and imposes) requirements that discourage employers from letting employees keep their plans if they like them, and fundamentally doubled down on a broken health care status quo. We have needed health care reform in this country for years, but the Affordable Care Act simply was not it.

Of course, BJC already has its golden parachute. Unfortunately, it doesn’t appear there are enough life-saving devices on the hospital’s plane for all of its employees.

$16 Million For Two Blocks?

Should Missouri and St. Louis taxpayers provide more than $16.5 million in tax subsidies to move Laclede Gas two blocks from 720 Olive to the General American building on Market? Read the TIF application.

Transcript:

We’re standing here at the Laclede Gas building at 720 Olive in downtown St. Louis. The main tenant here is planning on moving two blocks south to the vacant General American building. There’s nothing wrong with that. It happens all the time in any big city. The catch is that city and state taxpayers are going to subsidies that move with over sixteen-and-a-half million dollars. That’s other people’s money to help a company move two blocks.

The economic evidence is strong that local earnings taxes harm cities more than property taxes do (see: Local Revenue Hills: Evidence from Four U.S. Cities, New Evidence of the Effects of City Earnings Taxes on Growth, How an Earnings Tax Harms Cities Like Saint Louis and Kansas City, and Triumph of the City). So why exactly is the city giving up the less harmful tax in order to keep more of the more harmful tax?
 
Sixteen-and-a-half million dollars in subsidies. 2 Blocks. Lower taxes for some and higher taxes for everyone else. Economic Development, if you can call it that, in the St. Louis region is insane.

This subsidy will not grow the economy of St. Louis city or our region. One empty building becomes full while a full building loses its main tenant. If the city’s doing this because it’s concerned about losing the earnings taxes of the Laclede Gas employees, perhaps the city should get serious about removing the earnings tax instead of hollowing out its property tax base.

For the Show-Me Institute, I’m David Stokes.

 

 

MCI’s Cost Per Enplanement (Terminal Financing – Part 4)

During the Sept. 10 Kansas City Airport Terminal Advisory Group meeting, panelists discussed airport financing. In a slide show presentation, Aviation Department Chief Financial Officer John Green indicated that with their key assumptions, cost per enplanement (CPE, or cost per passenger) will grow from the current $5.25 to between $14.36 and $18.70 in 2022 if the single terminal is built.

As my colleague Joe Miller wrote several weeks ago:

Having a high cost per passenger can mean fewer passengers, as the marginal leisure traveler chooses not to fly for vacation and businesses decide to economize on airline tickets. This, in turn, reduces airline profits and constricts service, which further pushes up CPE. This is precisely why that measure is a major point in airport bond ratings, and why MCI [Kansas City International Airport] currently advertises the fact that its CPE is only $5. The Star seems to assume that $19 per passenger, far above the median CPE for peer airports, will have no effect on MCI’s bond ratings or competitiveness.

Now it appears the Aviation Department is also assuming that tripling the CPE will have no effect. While it may be unknown how a high cost per passenger impacts ticket cost, it likely does influence whether an airline chooses to fly out of an airport. Isn’t that the whole point, making MCI more attractive to airlines?

For more about this topic, read here and here.

Free Rides In The Zoo Museum Taxing District?

Show-Me Institute Intern, Haleigh Albers, talks about the demographic changes in the St. Louis area that impact the St. Louis Zoo-Museum Taxing District. As the population of the region has grown, the population living within the Tax District has decreased reducing the tax base. Are visitors from the wider region to the St. Louis Zoo free-riding on that diminished tax base?

Read more about this in Haleigh’s op-ed.

 

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