Chief Justice Marshall Held That Corporations Were Citizens

(p. C4) How did corporations come to possess some of the most fundamental rights of individuals? They never marched on Washington. Instead, they have fought to win their rights in the Supreme Court–and in the process have been unexpected innovators in constitutional law.
The first Supreme Court case on the rights of business corporations was decided in 1809–nearly a half-century before the first case on the rights of African-Americans. Far from an oppressed minority, the Bank of the United States, which brought the case, was among the richest and most powerful corporations in the new nation.
After opponents in Georgia imposed a tax on the Savannah branch, the bank claimed a constitutional right to challenge the tax in federal court. Article III of the Constitution, however, guaranteed the right to sue in federal court only to “citizens.” In one of the neglected landmarks of American law, the legendary chief justice John Marshall held that the Constitution must be read expansively to include corporations.

For the full essay, see:
Adam Winkler. “What Rights Should Corporations Have?; The business world’s ‘artificial persons’ have long fought to win the same constitutional protections as citizens.” The Wall Street Journal (Saturday, March 3, 2018): C4.
(Note: the online version of the essay has the date March 1, 2018.)

The essay is based on the author’s book:
Winkler, Adam. We the Corporations: How American Businesses Won Their Civil Rights. New York: Liveright Publishing Corp., 2018.

Firms Find Humans More Flexible Than Robots

(p. B2) JACKSON CENTER, OHIO–Airstream’s factory here is racing to fill a backlog of orders for its retro, high-end travel trailers that spans well into next year. The company is hiring, adding dealers and spending $50 million to build a bigger plant.
I counted eight workers climbing through an Airstream to bolt a hulking aluminum shell to a steel chassis, and snake fluid lines and wires through walls. To finish the shiny, silver capsule off, workers will need to install 3,000 rivets by hand.
There’s not a robot in sight. They may speed production, but the machines require a substantial investment that risks being wasted if the economy slumps
. . .
“We see in U.S. manufacturing a race between technology and human capital,” Stanford University economist Nicholas Bloom said. While some companies like electric-car maker Tesla Inc. are racing to automate almost every process on the factory floor, he said many executives are reluctant to sink investments in equipment that “will be hard to reverse.”
. . .
Robotics spending is forecast to equal $90 billion in 2018, according to researcher International Data Corp., with a hefty chunk of that investment aimed at industrial or manufacturing uses. That is a considerable increase compared to prior years, but it is only a sliver of the nearly $3 trillion committed to capital investment.
John Van Reenen, a Massachusetts Institute of Technology economics professor and Mr. Bloom’s research partner, said executives in many industries –including health care and retailing–aren’t sold on the technical revolution. “There is a big debate on whether robots are really delivering on the productivity benefits they might promise.”
At an event to commemorate the revamp of a factory west of Detroit last month, Ford Motor Co.’s president of global operations, Joe Hinrichs, said a lot of industrial automation happened several decades ago. Now companies are trying to “optimize how they use people” rather than install more machines.
Ford spent nearly $1 billion converting the factory to go from making small cars to producing pickup trucks. Much of that went toward new tooling for stamping out body parts, but relatively little went toward adding automation, Mr. Hinrichs said. Artificial intelligence is now integrated into the final inspection lines to boost quality. But skilled workers are needed to interact with the AI tools.
Mr. Bloom said incremental efforts like this are helping boost worker productivity, even if at a lower rate than was experienced during the decadelong boom that started in the mid-1990s. He said economists may need to get comfortable with 1% annual productivity gains, particularly because it takes a lot of investment just to maintain that modest rate.

For the full commentary, see:
John D. Stoll. “ON BUSINESS; Humans Are Winning the Battle With Robots.” The Wall Street Journal (Saturday, Nov. 3, 2018): B2.
(Note: ellipses added.)
(Note: the online version of the commentary has the date Nov. 1, 2018.)

92-Year-Old American Airline Mechanic

(p. A19) Azriel Blackman, an airline mechanic for American Airlines, is not allowed to climb ladders, drive on the airfield at Kennedy International Airport or even use any tools.
That’s understandable — Mr. Blackman turns 92 next month.
But those constraints have not stopped him from showing up to work at a job he started in an era when trans-Atlantic commercial flights were novel feats.
“He loves coming to work,” said Robert Needham, Mr. Blackman’s boss and the station manager for the airline’s New York maintenance base. “His work ethic is something I’d love every one of my 368 mechanics here to have.”
Five days a week, Mr. Blackman drives himself from his home in Queens Village to the airport long before sunup and well before his 5 a.m. start time. His job as crew chief is to review paperwork detailing what maintenance has been completed and what remains to be done on 17 jetliners that are kept overnight at the airport. Then, wearing a lime-green vest and clutching a paper containing a list of planes and service requests, he starts his walk through a massive hangar, often passing below an enormous mural on the wall featuring his portrait surrounded by four types of aircraft flown by American.
. . .
“Every day the job is different,” Mr. Blackman said. “You’re not doing the same thing repetitively, and that’s good. If in my journey around the hangar I see something I can help on, I do that.”

For the full story, see:
Christine Negroni. “For 75 Years, Helping to Keep Planes Aloft.” The New York Times (Tuesday, June 18, 2017): A19.
(Note: ellipsis added.)
(Note: the online version of the story has the date June 17, 2017, and has the title “For 75 Years, a Mechanic Has Helped Keep Planes Aloft.” The online version identifies the page number of the New York edition as A18. The page number in my copy of the National edition was A19.)

“Protectionist Trade Policies Can Backfire” on Those They Are Intended to Protect

(p. B1) You may not have appreciated it at the time — golden eras have a habit of coming and going like that — but a five-year stretch that started in 2013 was a pretty great time to buy a washing machine.
Inflation for home laundry equipment, as measured by the Labor Department, fell steadily during that time, which meant you could buy the same washer your neighbor bought last year for less money. Or you could buy a better one at the same price. Great news for your clothes, though maybe bad news for your friendship, if your neighbor was the covetous type.
That stretch of laundry deflation ended last year, shortly after President Trump imposed tariffs, starting at 20 percent, on imported washers. The move was a response to a complaint filed by Whirlpool, a Michigan-based manufacturer.
. . .
A year after Mr. Trump announced the tariffs, washing machine prices were up, as many analysts had expected. But that has not been a boon to the makers of washers because fewer Ameri-(p. B4)cans are investing in new laundry equipment, exposing how protectionist trade policies can backfire on the very companies they are meant to safeguard.
Tariffs of two varieties have pushed prices up
The washer-specific tariffs raised costs for importers like LG and Samsung. But another tariff issued by Mr. Trump, on imported steel, raised costs for some domestic manufacturers like Whirlpool, which took those companies by surprise.
Many manufacturers passed those higher costs on to consumers. Once stores worked their way through models that had been imported before tariffs hit, deflation gave way to sharp price increases.
After years of steady growth, sales reversed in 2018
A basic rule of economics is that when the price of something goes up, people buy less of it. That’s just what happened to washing machines.

For the full story, see:
Jim Tankersley. “Tariffs Tossed a Market Right Into a Spin Cycle.” The New York Times (Saturday, Jan. 26, 2019): B1 & B4.
(Note: ellipsis added; bold and larger font in original.)
(Note: the online version of the story has the date Jan. 25, 2019, and has the title “‘How Tariffs Stained the Washing Machine Market.”)

Deirdre McCloskey Offers Advance Praise for Openness to Creative Destruction

Astoundingly rich in ideas and stories, Diamond’s sweet and beautiful book is more: an open-handed guide to what really matters in explaining, and sustaining, the Great Enrichment of 3,000 percent per person 1800 to the present. Diamond assuages the ancient fear of betterment, recently haunting us with spooks of AI and technological unemployment. He shows conclusively that an “innovative dynamism” enriches us all, materially and spiritually. The poor are bettered. The jobs are bettered. Read the book and be bettered, freed from specious and politically poisonous worries about economic change.

Deirdre McCloskey, UIC Distinguished Professor of Economics and of History Emerita. Author of Bourgeois Equality and many other works.

McCloskey’s advance praise is for:
Diamond, Arthur M., Jr. Openness to Creative Destruction: Sustaining Innovative Dynamism. New York: Oxford University Press, forthcoming June 2019.

In a “Terribly Regulated” Germany “People Look for Their Little Spaces of Freedom”

(p. A1) BERLIN — It seemed like a no-brainer: Lower Germany’s embarrassingly high carbon emissions at no cost, and save some lives in the process.
But when a government-appointed commission in January [2019] dared to float the idea of a speed limit on the autobahn, the country’s storied highway network, it almost caused rioting.
. . .
(p. A10) Call it Germany’s Wild West: The autobahn is the one place in a highly regulated society where no rule is the rule — and that place is sacred.
. . .
Germany is woefully behind on meeting its 2020 climate goals, so the government appointed a group of experts to find ways to lower emissions in the transport sector. Cars account for 11 percent of total emissions, and their share is rising.
A highway speed limit of 120 kilometers an hour, or 75 miles per hour, could cover a fifth of the gap to reach the 2020 goals for the transport sector, environmental experts say.
“Of all the individual measures, it is the one that would be the most impactful — and it costs nothing,” said Dorothee Saar, of Deutsche Umwelthilfe, a nonprofit environmental organization that has lobbied for a speed limit.
. . .
Once, during the oil crisis in 1973, a German transport minister took his chances and imposed a speed limit. Road deaths stood at over 20,000 a year at the time (six times today’s level) and with oil prices skyrocketing, Lauritz Lauritzen thought Germans might reasonably see the benefits of saving some lives and some money on gas, too.
The speed limit lasted four months, and Mr. Lauritzen not much longer.
The experiment gave birth to the “Freie Fahrt für freie Bürger!” campaign — or “Freedom to drive for free citizens!” — the car lobby’s most powerful slogan to this day, and one used by political parties and car companies alike, a sort of unwritten second amendment.
“It’s all about freedom,” said John C. Kornblum, a former United States ambassador to Germany, who first arrived here in the 1960s, and has been living (and driving) here on and off ever since.
. . .
“Germany is terribly regulated, for reasons which have to do with the past, with a fear of uncertainty, a fear of being overwhelmed,” Mr. Kornblum said. “But then people look for their little spaces of freedom and the autobahn is one of them.”
And speeding isn’t the only freedom the autobahn offers.
Driving naked in Germany is legal, too. But if you get out of the car nude, you face a $45 fine.

For the full story, see:
Katrin Bennhold. “Autobahn Speed Limits? Voting With Lead Feet.” The New York Times (Monday, Feb. 4, 2019): A1 & A10.
(Note: ellipses, and bracketed year, added.)
(Note: the online version of the story has the date Feb. 3, 2019, and has the title “‘GERMANY DISPATCH; Impose a Speed Limit on the Autobahn? Not So Fast, Many Germans Say.”)

Government Fiscal Stimulus Does Not Speed Job Growth

DebtAndEmploymentGrowthGraph2019-02-17.jpgSource of graph: online version of the WSJ article quoted and cited below.

(p. A17) . . . is there evidence that stimulus was behind America’s recovery–or, for that matter, the recoveries in Germany, Switzerland, Sweden, Britain and Ireland? And is there evidence that the absence of stimulus–a tight rein on public spending known as “fiscal austerity”–is to blame for the lack of a full recovery in Portugal, Italy, France and Spain?
A simple test occurred to me: The stimulus story suggests that, in the years after they hit bottom, the countries that adopted relatively large fiscal deficits–measured by the average increase in public debt from 2011-17 as a percentage of gross domestic product–would have a relatively speedy recovery to show for it. Did they?
As the accompanying chart shows, the evidence does not support the stimulus story. Big deficits did not speed up recoveries. In fact, the relationship is negative, suggesting fiscal profligacy led to contraction and fiscal responsibility would have been better.

For the full commentary, see:
Phelps, Edmund. “The Fantasy of Fiscal Stimulus; It turns out Keynesian policies are correlated with slower, not faster, economic growth.” The Wall Street Journal (Tuesday, Oct. 30, 2018): A17.
(Note: ellipsis added.)
(Note: the online version of the commentary has the date Oct. 29, 2018.)

“The Market Doesn’t Care If You’re Indigenous or Not”

(p. A8) MELBOURNE, Australia — It was a disempowering experience at a large corporate organization that prompted Morgan Coleman to become an entrepreneur.
Initially, he was proud to work there. But soon, as one of the few Indigenous employees, he felt patronized and unwelcome by some, and worried that his manager resented him because of his Torres Strait Islander background.
Now, as part of a growing number of Indigenous Australians finding success in the entrepreneurial world even as the rate of non-Indigenous business ownership has fallen, he feels his future rides solely on his merit.
“Whether I succeed or not, it’s entirely up to me,” Mr. Coleman, 28, said in a recent interview at the Melbourne offices of Vets on Call, the app he left his corporate job to start. “The market doesn’t care if you’re Indigenous or not.”

For the full story, see:

Kenneth Chang. “For Indigenous Australians, Defining a Destiny Through Entrepreneurship.” The New York Times (Monday, Feb. 4, 2019): A8.

(Note: the online version of the story has the date Jan. 30 [sic], 2019, and has the title “”It’s Entirely Up to Me’: Indigenous Australians Find Empowerment in Start-Ups.”)

Good Luck Comes to Optimists Who Do Not Give Up

(p. C3) Luck occurs at the intersection of random chance, talent and hard work. There may not be much you can do about the first part of that equation, but there’s a lot you can do about the other two. People who have a talent for making luck for themselves grab the unexpected opportunities that come along.
The good news is that there’s plenty of luck to go around if you know how to look for it.
. . .
Think yourself lucky. Psychologist Martin Seligman of the University of Pennsylvania told us that if he were looking for a lucky person, “the number one ingredient that I’d select for would be optimism.” Early in his career, Dr. Seligman did groundbreaking experiments on learned helplessness, showing that animals put in stressful situations beyond their control eventually stop trying to escape. People also have a tendency to give up and complain when they think they’re victims of bad luck.
“Believing that you have some control over what happens fuels trying,” Dr. Seligman said. “If there’s a potentially good event for me, am I going to seize the opportunity and follow up, or am I going to be passive?”

For the full essay, see:
Janice Kaplan and Barnaby Marsh. “Make Your Own Luck.” The Wall Street Journal (Saturday, March 3, 2018): C3.
(Note: ellipsis added; bold in original.)
(Note: the online version of the essay has the date March 1, 2018, and has the title “To Be Successful, Make Your Own Luck.”)

The essay is based on the authors’ book:
Kaplan, Janice, and Barnaby Marsh. How Luck Happens: Using the Science of Luck to Transform Work, Love, and Life. New York: Dutton, 2018.

No End to “Tantalizing” Mysteries of Science

(p. A13) NASA’s Opportunity rover began its 15th year on Mars this week, although the intrepid robotic explorer may already be dead.
“I haven’t given up yet,” said Steven W. Squyres, the principal investigator for the mission. But he added, “This could be the end. Under the assumption that this is the end, it feels good. I mean that.”
The rover — which outlasted all expectations since its landing on Mars in 2004 and helped find convincing geological signs that water once flowed there — fell silent last June when it was enveloped by a global Martian dust storm. In darkness, the solar panels could not generate enough power to keep Opportunity awake.
. . .
Years ago, Dr. Squyres said no matter when the mission ended, he was sure that there would be some tantalizing mystery they would see just beyond reach.
On Thursday [January 24, 2019], he said that indeed seems to be the case. Opportunity was in the middle of exploring what looks like a gully that was formed by the flowing of water on ancient Mars. As expected, the gully looks eroded near the top, but the rover had not reached the bottom to look at where the sediments would have flowed.
The scientists had rejected some alternative hypotheses, but other ideas could also explain the landscape. “So far, the story is uncertain,” Dr. Squyres said. “The answer probably lies just down the hill.”

For the full story, see:

Kenneth Chang. “NASA’s Opportunity Rover May Have Reached Its End.” The New York Times (Saturday, Jan. 26, 2019): A13.

(Note: ellipsis, and bracketed date, added.)
(Note: the online version of the story has the date Jan. 25, 2019, and has the title “‘This Could Be the End’ for NASA’s Mars Opportunity Rover.”)