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<title><![CDATA[Bankruptcy Law and Economics]]></title>
<link>http://altondrew.com.p.hostingprod.com/blog.html?cq=1</link>
<description><![CDATA[Commentary on public policy that impacts consumers and investors.]]></description>
<language>en-us</language>
<lastBuildDate>Thu, 20 Nov 2008 10:18:25 GMT</lastBuildDate>

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<title><![CDATA[Return of the Commissars]]></title>
<link>http://altondrew.com.p.hostingprod.com/blog.html?cq=1&amp;p=38</link>
<description><![CDATA[According to <em>The Wall Street Journal</em>, "Even some Obama allies are queasy about Democratic rescue plans for Detroit. Some Democratic economists say the notion of putting a government-appointed member on the boards of the Big Three could be worse than useless, since it might give the illusion of authority without the actual voting strength to affect corporate decisions."&nbsp; I believe the results are a bit worse than this.&nbsp; We fought a 40-year cold war against communist countries that placed political advisors in every shop and factory.&nbsp; Now we are floating around the same idea?&nbsp; Such a move would eventually lead to squashing innovative ideas that free market capitalism is best at achieving. <a href="http://www.altondrew.com">http://www.altondrew.com</a>.&nbsp;]]></description>
<pubDate>Thu, 20 Nov 2008 10:18:25 GMT</pubDate>
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<title><![CDATA[Local Government Dampens Cable Competition]]></title>
<link>http://altondrew.com.p.hostingprod.com/blog.html?cq=1&amp;p=37</link>
<description><![CDATA[<p>Local government has been able to play both sides of the competition blame game for decades.&nbsp; On the one hand, local governments have decried increases in cable rates and have blamed cable operators for the erosion in consumer welfare resulting from increased rates.&nbsp; On the other hand, they have been the prime factor in the lack of competition in local cable markets.&nbsp; If local governments want to see local rates fall,&nbsp;local governments should take the first step in reducing the rates by not requiring cable operators to meet onerous buidlout requirements and free TV requirements.&nbsp;</p><br />
<p>Given overall demand destruction on the part of consumers, reduced consumer confidence, and reduction in personal consumption expenditures, consumers should not see price increases but they do.&nbsp; A consumer need look no further than the franchise fee that is passed on to her from their local government via the defacto tax collector, the cable company. <a href="http://www.altondrew.com">www.altondrew.com</a></p><br />
<p>What are these fees being used for?&nbsp; They are being used to build institutional networks that benefit county government operations.&nbsp; They are also being used to fund public access television that rarely anyone watches.&nbsp; These fees, which are capped at 5% of cable revenues but in fact account for a greater portion of your rate, are above the actual cost incurred by local governments for&nbsp;maintaining the public rights-of-way within which cable companies deploy their cable lines.&nbsp; Public access television is a noble idea, but there are other alternatives by which consumers can obtain and produce this programming.&nbsp; Also, if&nbsp;your local government wants to connect schools, libraries, and fire stations,&nbsp;it would be more cost effective to bid these contracts out versus holding incumbent cable companies hostage by requiring them to lay these facilities or risk not being approved to do business.&nbsp;&nbsp;New entrants, because of these burdensome requirements, need not&nbsp;even apply.</p><br />
<p>Want to lower your rates?&nbsp; Talk to your local government first.&nbsp;</p>]]></description>
<pubDate>Wed, 19 Nov 2008 05:03:48 GMT</pubDate>
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<title><![CDATA[Insider Trading: Leave Mark Cuban Alone ... for Now]]></title>
<link>http://altondrew.com.p.hostingprod.com/blog.html?cq=1&amp;p=36</link>
<description><![CDATA[<p>Donald Trump once described Mr. Cuban as a "neanderthal." That may be true, but in this case, as in some cases with insider trading, Mr. Cuban is being shafted. It is a bit ironic that in the Internet-information age, within which Mr. Cuban has flourished, our archane regulations still assume that the public does not have sufficient access to information such that insiders have an advantage. If investors pay the appropriate attention to events surrounding the companies they put money into, they would do better at anticipating any adverse impact. If the stock is a dog, why should an insider be accountable for an observation that any attentive investor could have made? http://www.altondrew.com.</p>]]></description>
<pubDate>Tue, 18 Nov 2008 13:18:12 GMT</pubDate>
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<title><![CDATA[The G-20&#39;s New World Order]]></title>
<link>http://altondrew.com.p.hostingprod.com/blog.html?cq=1&amp;p=35</link>
<description><![CDATA[If there was a time for leadership by the United States, that time is now.&nbsp; While there is nothing wrong with additional transparency for investment vehicles, the promises laid out today by the G-20 appear to promote an unwelcome new world economic order based on burdensome regulation.&nbsp; It is only natural that the G-20 would offer these types of promises since the majoity of European&nbsp;systems&nbsp;are socialistic and emphasize systems and government versus individual accountability.&nbsp; Proper and enhanced judgment should be emphasized versus some new international overlay of regulations.&nbsp; It was a lack of judgment and accountability on the part of individuals and institutions that created this turmoil.&nbsp; Fortunately these are all just promises.&nbsp; The directions that these promises are taking are an antithesis of American economic and financial values.&nbsp; The United States should not sign on to any agreements that arise from the next summit in March 2009.]]></description>
<pubDate>Sun, 16 Nov 2008 00:53:58 GMT</pubDate>
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<title><![CDATA[Nancy Makes the First Move on the Economy]]></title>
<link>http://altondrew.com.p.hostingprod.com/blog.html?cq=1&amp;p=34</link>
<description><![CDATA[Nancy Pelosi proposed a $60-100 billion stimulus package this evening in the form of a tax&nbsp;reduction versus a tax rebate.&nbsp; She is also proposing a business tax cut for next year.&nbsp; Let the games begin.&nbsp; This appears to be Pelosi's first power play in the new Obama era.&nbsp; Pelosi's proposed plan is merely a salvo fired across Obama's bow.&nbsp; She is saying to Mr. Obama, "welcome to the White House, but you will share the power and limelight with me."&nbsp; While Obama has to move to the middle, Ms. Pelosi has the flexibility to move there temporarily and move back left to her base at will.&nbsp; This may be the first test Joe Biden was referring to.<br />]]></description>
<pubDate>Fri, 07 Nov 2008 02:12:45 GMT</pubDate>
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<title><![CDATA[Using Bailout to Fund Mergers and Acquisitions]]></title>
<link>http://altondrew.com.p.hostingprod.com/blog.html?cq=1&amp;p=33</link>
<description><![CDATA[<p><em>The Wall Street Journal</em> today reported that a number of banks are contemplating the use of the first $250 billion of bailout funds to finance the merger with or straight-up acquisition of other banks .&nbsp; Secretary Henry Paulson has reiterated that the funds are to be used to restore confidence in the banking system.&nbsp; By increasing available capital (cash) on the books, banks will have more funds to lend and investors in these banks will have confidence in the banks' ability to grow and pay returns.&nbsp; Also, depositors will be confident that the bank they deposited money into in the morning will be the very bank that they withdraw money from in the evening.</p><br />
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<p>Some people are up in arms about banks&nbsp;using taxpayer money to&nbsp;purchase other banks.&nbsp; The argument is&nbsp;that taxpayers did not sign on to have their money used&nbsp;for mergers and acquisitions.&nbsp; Also, it may lead to the delay of&nbsp;bailout funds received by banks on Wall Street working&nbsp;their way down to the little guy on&nbsp;Main Street.&nbsp; Getting the&nbsp; money to Joe the Plumber would&nbsp;help to alleviate our current economic doldrums of slowing growth, foreclosures, and rising unemployment.&nbsp; The opportunity costs of taxpayer-financed M&amp;A are high, some would argue, especially given alternative&nbsp;uses&nbsp;such as&nbsp;improvement of our transportation and energy distribution infrastructures.</p><br />
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<p>But is M&amp;A really counterintuitive to stabilizing the&nbsp;financial markets and the economy on a whole?&nbsp; Probably.&nbsp; When you take a close look at the reasons for M&amp;A, the reasons are&nbsp;corporate-centric and any hopes of stability flowing from M&amp;A activity are mere repetition of the trickle down theory of the 1980s.&nbsp;The primary reason for any merger and acquisition is to increase shareholder wealth.&nbsp; This increase in shareholder wealth results from the operating, financial, and managerial synergies that are created from the merger with or acquisition of some other asset or going concern.&nbsp; </p><br />
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<p>Allegedly some within government may have no objection to the use of bailout funds to finance M&amp;A.&nbsp; They are hoping that the increased shareholder value will be spent eventually on consumer purchases and drip down through the economy.&nbsp; What we need, however, is an open spigot.&nbsp;</p><br />
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<pubDate>Tue, 21 Oct 2008 12:28:13 GMT</pubDate>
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<title><![CDATA[Investors Want It Both Ways]]></title>
<link>http://altondrew.com.p.hostingprod.com/blog.html?cq=1&amp;p=32</link>
<description><![CDATA[<p>Jonathan D. Glater's article in <em>The New York Times</em>, "Financial Crisis Provides Fertile Ground for Boom in Lawsuits", drives home an unintended point.&nbsp;&nbsp;The article points to an expected boom in litigation resulting from losses taken by Wall Street investors.&nbsp; Investors, armed with the rapid availability of information about corporate mistakes and misdeeds, are rushing to the courthouse in order to file suit against the likes of JPMorgan Chase, Merrill Lynch, and Fannie Mae.&nbsp; The information investors carry in their hands alleges&nbsp;failure to properly disclose exposure to certain risks, executive excess, and accounting fraud.</p><br />
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<p>What would have happenned had these very investors done their homework on the front end&nbsp;versus after the meltdown?&nbsp; Might these investors have saved themselves sleepless nights and&nbsp;massive attorneys fees had they read their prospectuses or had a finance type review the 10-Qs and 10-Ks that these companies put out?&nbsp; Any MBA student at the local college&nbsp;could have&nbsp;gladly completed a review for pizza, beer, and a&nbsp;fraction of the dollars that these investors are about&nbsp;to pay out to their attorneys.</p><br />
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<p>If anything, this is a indicative of a failure to be accountable to ourselves when it comes to our money.&nbsp; As the article points out, individual shareholders want someone else to pay for their losses.&nbsp;&nbsp;We must have been deaf during the first part of the sales pitches on these investments.&nbsp;&nbsp;All good investors&nbsp;and capitalists have known from the days of&nbsp;Marco Polo and Christopher Columbus that there is no guarantee of return and that risk is part of the game.&nbsp; The best risk eliminator is patience and homework.&nbsp; If you have neither then get out of the game and put your kids education money in bonds or a souped-up federally insured bank account.&nbsp;&nbsp;</p><br />
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<pubDate>Sat, 18 Oct 2008 04:38:07 GMT</pubDate>
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<title><![CDATA[REGULATION OF THE FINANCIAL MARKETS]]></title>
<link>http://altondrew.com.p.hostingprod.com/blog.html?cq=1&amp;p=25</link>
<description><![CDATA[<span style="font-size:12pt; font-family:'Times New Roman'; ">A few months ago, one of my economics students approached me after class and asked me about the financial markets. She was curious about whether the financial markets and the overall economy were the same. I pointed out that the financial markets were part of the economy but were not the economy. If only our current batch of politicians were brave enough to ask that basic question then maybe they would be less confused about the turmoil in the markets while offering Americans more concrete solutions for actual economic problems.<br /><br />
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The question is, will additional regulation of the financial markets lead to improvement in the overall economy? The answer is no. Creating another commission and firing SEC Chairman Christopher Cox are actions that do not address the fundamental components of the economy. All the candidates need to do is take a look at the components of our economy and they can quickly identify some fundamental defects.<br /><br />
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First, the nuts and bolts. You can break this $14 trillion economy of ours down to four major components: personal consumption, fixed investment, government spending, and exports. All these components combine to give us our gross domestic product or GDP. GDP represents not only total production within our borders but also our total consumption. Historically, GDP has grown at about a 3% annual rate and we sleep well when our quarterly accounting numbers reflect that we are on schedule to meet this annual growth.<br /><br />
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The fixed investment component has been taking a beating for the past year. Fixed investment, which represents purchases in plant and equipment, has fallen 6.75% between second quarter 2007 and second quarter 2008. One way to jumpstart this component is to offer tax incentives for reinvestment in plant and equipment. Combine that with tax incentives for producing more goods and services in the United States as opposed to overseas and we would probably see a healthy uptick in the economy and all without creating another oversight commission or imposing any unnecessary and costly additional regulation.<br /><br />October 10, 2008</span>]]></description>
<pubDate>Fri, 10 Oct 2008 20:39:15 GMT</pubDate>
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<title><![CDATA[Investor or Capitalist: Toward a Socialist America]]></title>
<link>http://altondrew.com.p.hostingprod.com/blog.html?cq=1&amp;p=20</link>
<description><![CDATA[<p>One of the things that my boss at First Investors told us was that you always explained to the investor that there was no guarantee of return.&nbsp; Back then investors acted&nbsp;like capitalists.&nbsp; You were taking some of your cash and buying a piece of a business.&nbsp; It was up to a going concern's&nbsp;managers to&nbsp;address risk while maximizing the investor's wealth.&nbsp;</p><br />
<p>Times have changed.&nbsp; Investors now act more like consumers.&nbsp; Risk has been replaced&nbsp;by an expectation on the part of investors to walk away with both capital and principal with little or no risk.&nbsp;&nbsp;Today's investor can sit in one of two classes.&nbsp; She is either the traditional capitalist who acknowledges that her money is at risk or a "consumer" expecting to be made whole throughout the entire investment process.</p><br />
<p>Congress' bailout of investors further compounds this distinction.&nbsp; Rather than allowing risk to set with the&nbsp;investor, Congress is embarking&nbsp;on a course&nbsp;where investor risk is spread across society.&nbsp; Government is becoming the new AIG, insuring investor risk and in the long&nbsp;run reducing returns.</p><br />
<p>September 23, 2008&nbsp;&nbsp;</p>]]></description>
<pubDate>Tue, 23 Sep 2008 12:09:18 GMT</pubDate>
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<title><![CDATA[Considering Further Government Intervention in the Oil Market]]></title>
<link>http://altondrew.com.p.hostingprod.com/blog.html?cq=1&amp;p=18</link>
<description><![CDATA[<p>Congress is considering further intervention in the oil futures market.&nbsp; The increases in oil and gas prices have provided Congress with incentive to hold public hearings on the matter.&nbsp;&nbsp;Significant increases in the prices for oil and&nbsp;gas are not in dispute.&nbsp; What is in dispute is the cause of these price changes.&nbsp; </p><br />
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<p>There are two main arguments.&nbsp; The first argument attributes the increases to significant changes in demand for oil.&nbsp; For example, the past decade&nbsp;has seen an increase&nbsp;in demand in the emerging markets of China and India.&nbsp; The second argument lays blame with&nbsp;oil futures speculators.&nbsp; Speculators buy and sell oil futures contracts, betting on changes in market prices in order to realize gain.&nbsp;&nbsp;</p><br />
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<p>Any additional regulation or intervention on the part of the federal government should consider whether there is any market failure.&nbsp; We do not view oil as a public good that cannot be provided by the market.&nbsp;&nbsp;&nbsp; We see no&nbsp;externalities, where costs or benefits from prodcution or consumption are flowing to some non-consenting third party.&nbsp; Nor do we see the existence of significant monopolies in either&nbsp;oil production or distribution.&nbsp;&nbsp;Oil can be produced domestically providing a competitive alternative to foreign&nbsp;sources of oil.&nbsp;</p><br />
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<p>There may be an argument for the existence of information asymmetries, where information about&nbsp;the characteristics surrounding oil supply may not be properly distributed between buyers and sellers.&nbsp; This may be the case since, for example, the Commodities and Futures Trade Commission does not impose limits on positions taken by oil speculators.&nbsp;</p><br />
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<p>Limits on speculation in, for example, wheat and soybean oils, have been establshed by the CFTC in order to reduce or eliminate the chance of price manipulation.&nbsp; A speculator is limited to how many units of a good he has available for trade under a certain contract given a certain good.&nbsp; In the case of oil futures, this is left up to the respective exchanges.&nbsp; Also, unlike stock exchanges, the trade of futures contracts does not go through a clearinghouse mechanism.&nbsp;</p><br />
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<p>Should Congress choose to intervene in the oil markets via regulation, it should consider&nbsp;the conservative and incremental approach of requiring by statute that the CFTC establish position limits for oil speculators buying and selling oil futures.&nbsp; Transparency would be further enchanced by requiring exchanges to establish clearinghouses.&nbsp; Short of these recommended actions, no other government action should be necessary given that the fluctuations in oil prices may be the result of an increase in demand for oil brought on by an increase in the standards of living in emerging markets.</p><br />
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<pubDate>Tue, 24 Jun 2008 16:45:12 GMT</pubDate>
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