The Future of Jobs

April 18, 2017

Automation is changing the workforce. It creates some highly skilled jobs but eliminates many others, from service jobs like taxis to previously professional tasks like document review. Factory jobs are decimated by automation.

The industrial revolution was largely built on repetitive factory production lines, based on physical dexterity, repetition and obedience, not higher education. Automation handles repetitive tasks well. Eliminating them affects people very unequally.

How can we deal with that change? The historic Republican free-market approach, now pushed by Tea Party Republicans who control Congress, is that it’s none of our business.  For them, it’s every man, woman and child for him- or herself. Millions in breaks for big corporations and no security for the workers whose lives and livelihoods are the playthings of  markets, financial institutions and corporate interests. But woe to countries that forget their people, engulfed in power struggles and bloody civil wars with the fate of ordinary, hard-working and decent people as talking points and engines of recruitment.

Some jobs have been divided into a large class of “aids.” In Iran everyone from middle class up had a bagi, their term for servant. It’s a world of dependency, power, and deep social division, a world in which people can be taken advantage of. The market, so sacred to the ideologues, is pushing more and more people to join the service economy as maids, waiters, servants and sometimes as sex workers.  Notice the contrary pressures on the women’s movement, with some vying for the few high-end jobs and others being pressured into demeaning and dangerous activity.

We might share good jobs. Labor unions once looked toward a five-hour day. Or we might create jobs, keeping everyone busy and satisfying more of the community’s needs, from building and repairing bridges, roads, water systems and electric and internet grids, to watching over playgrounds. But actually we’re going the other way. Jobs that can create opportunities are being dropped. The pressures are all on workers to find or create ways to survive. We all feel the taxes but don’t notice the benefits.

I see our separation by wealth, color and origin blinding us to common problems. John Adrian Witt, a Yale historian speaking at Alumni House last week, sees organizational failure, like the 1920s before unions and public service organizations finally jelled, leading toward the New Deal reforms in the 1930s.

The New Deal gave us a powerful administrative state, capable of opposing and controlling corporate greed that demeaned and poisoned workers with dangerous equipment, noxious chemicals and contaminated foods. But that effective administrative state became the Republican target, stated theoretically as “regulation” – regulation everyone can be against unless broken down to the safety and honesty it is designed to protect.

There is also an ideological issue, especially when the unchecked power of the market is pushing the public to turn on each other and itself.

Workers are entitled to security. Graduates of high school, colleges, and universities are entitled to good jobs. Our job should not be to ask workers to justify their lives to the market; it should be to employ people to make a better America, much as the New Deal of Franklin Roosevelt founded the Civilian Conservation Corps, the Works Progress Administration and many others. We can support each other, and make a better America for all of us. The market isn’t the answer; the market is the problem. When it doesn’t do what we need, we need to do what it screwed up.

— This commentary was broadcast on WAMC Northeast Report, April 18, 2017.


For Valentines Day 2016

February 9, 2016

It’s the time of year to think about love. I used to think that if you hadn’t heard Cho Cho San sing in Madame Butterfly about that fine day when Lieutenant Pinkerton would return to her, one had never heard a love song. Musically, I still think so. But what it really communicates is longing. Is that love?

Much of what we hear as popular music, or art songs or operatic love songs are songs of longing, loss or jealousy. Where’s the love?

Contrast that with Billy Bigelow’s soliloquy in Carousel where he starts thinking of the child he and Julie are expecting. First he thinks about the things he’ll do with “my boy Bill” until he realizes that the son he is dreaming about could be a she, and then realizes the ways that he will have to provide for her. Of course he is sexist in the ways that he thinks about his son or daughter, but he is also realizing and warming to the responsibilities of a loving husband and parent. Billy comes to understand that love is about the ways he can make his family’s lives better, not merely about his own pleasure.

Billy makes a big mistake and pays with his life. But the soliloquy that Rogers and Hammerstein wrote for him says a great deal about what love is about, the ways it transcends longing and jealousy, the joys of giving, the humanity of caring. I think that says a lot about the love that many of us experience. We seek the responsibility, the opportunity as well as pleasures of truly caring about others.

For me, that includes the satisfaction of taking seriously the needs of other Americans, of all origins, faiths and colors, and openness and respect toward visitors and immigrants. Respect and concern for others is part of asking the same for oneself. Ours is a very diverse country and it will be moreso in coming years. We can teach new generations of Americans that success is just a process of stomping on others to gain advantage or we can communicate the values of mutual concern and respect – toward others, and toward ourselves. Ultimately, peace depends on how well we treat each other, and how confident others are that they can live in peace and harmony with us.

The modern world has upended some ancient accommodations among peoples. Jews lived at peace in the Muslim world for a millenium and lived precariously in the Christian world for much of the same period. Colonialism played a part in changing that for the Muslim world. The racism and classism of colonialism stirred the Muslim soul and some of that has come out as anger. That illustrates the importance, as well as the morality, of the Golden Rule, treating others as we would want to be treated. For me it also points to the satisfaction of truly caring about others.

May I end with the words of the ancient Rabbi Hillel:

If I am not for myself, who will be for me?
But if I am only for myself, who am I?
If not now, when?

— This commentary was broadcast on WAMC Northeast Report, February 9, 2016.

 


On Corporate Privilege – Have They No Shame?

April 21, 2015

In a legal system which holds corporations responsible for virtually nothing, corporate power, hypocrisy and the wall of corporate shame keep growing.

Corporations put clauses in consumer contracts that make suing them useless and impossible. They make us sign those contracts for most of what we buy from the modern economy. The Supreme Court says OK on the fiction that we don’t have to sign the so-called agreements. As far as the Court is concerned, all we have to do is opt out of the economy and then no corporation can bother us.[1] If a dispute ever gets to a hearing, it is heard by arbitrators chosen by the corporate sellers.

Industry groups repeatedly argue that they have to put such abusive provisions in their contracts or they couldn’t give us a good deal. In other words, when people are down, their mortgages underwater, corporations should just keep kicking – they’re really just doing it for us.

That’s bad enough for people who are just trying to be treated fairly. But corporations have been getting the privilege of trashing rules protecting us from toxins and pollutants in favorably disposed forums. These are so-called investor-to-state dispute settlement or ISDS clauses in international trade agreements. Corporations can attack any rules that will cost them money, which of course means all regulation is vulnerable. Like the domestic arbitration clauses that the U.S. Supreme Court has blessed, “These challenges are not heard in a normal court but instead before a tribunal of private lawyers,” as the Alliance for Justice and many prominent attorneys have told Congress.[2]

There’s already an ISDS clause in the North American Free Trade Agreement, or NAFTA.[3] Corporations are trying to keep the ISDS mechanism in trans-atlantic agreements that multi-nationals will use against food and environmental laws here and in Europe, claiming they restrict free commerce.[4] Cecilia Malmstrom, the European Union’s trade commissioner, responded “We want the rule of law, not the rule of lawyers.”[5]

Describing the terms of the 12-nation trade accord for a Trans-Pacific Partnership for which Congress is considering fast track authority for President Obama, Jonathan Weisman wrote in the Times that it would “allow foreign corporations to sue the United States government for actions that undermine their investment ‘expectations’ and hurt their business,” using the business friendly ISDS procedure.[6] Once again that is poised to protect multinational corporations from food, health and environmental regulation.

In D.C., the coal industry is trying to convince the U.S. Supreme Court to block the Environmental Protection Agency from going ahead with procedures for strengthening rules preventing toxic emissions of mercury.[7]

Here at home, toy industry groups are suing against efforts of Albany County to ban the sale of toxic toys, with such poisons as lead, mercury and arsenic, claiming it’s a violation of the Constitution and federal statutes.[8]

Business repeatedly claims regulation isn’t necessary because they are honorable and we can trust them and the economy. But their choice of legal targets make clear what they really believe.

No one has the right or privilege to put toxins in us, in our air, water, or our kids’ toys. Have they no shame? It’s time we had a government, all of whose branches respected the rights of the rest of us.

— This commentary was broadcast on WAMC Northeast Report, April 21, 2015.

[1] See American Express Company v. Italian Colors Restaurant, 133 S. Ct. 2304, 2313 (2013) (Kagan, dissenting); Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440 (2006).

[2] Letter over the signature of many well-known law professors and sent by the Alliance for Justice to congressional leadership, available at http://org2.salsalabs.com/o/6539/p/dia/action3/common/public/?action_KEY=19342.

[3] NAFTA ch. 11.

[4] REUTERS, EU Seeks Solution to Keep Arbitration in U.S. Trade Deal, March 18, 2015, 12:22 P.M., http://www.nytimes.com/reuters/2015/03/18/business/18reuters-eu-usa-trade.html.

[5] Id.

[6] Jonathan Weisman, Trade Pact Seen as Door for Suits Against U.S. New York Times, March 26, 2015, at B1, available at http://www.nytimes.com/2015/03/26/business/trans-pacific-partnership-seen-as-door-for-foreign-suits-against-us.html.

[7] Editorial, Dirty Coal at the Supreme Court, New York Times, March 23, 2015, at A20, available at http://www.nytimes.com/2015/03/23/opinion/clean-air-act-and-dirty-coal-at-the-supreme-court.html?emc=edit_tnt_20150323&nlid=47098180&tntemail0=y.

[8] Matthew Hamilton, Industry contests toxic toys ban, Albany Times Union, April 17, 2015 at A1.


Regulation and the Slide to Hell

August 28, 2012

There’s too much regulation, says Romney. Too much regulation, say some businesses. It’s always categorical, not about which regulation. Just that regulation is bad. Stop it.

The forests are burning. The drought continues. The deserts are growing. The earth is warming. The diseases are spreading. The storms are destroying our towns and farms. The glaciers are melting and the oceans are retaking our shores, submerging islands, making refugees and warriors. But oh block the regulation. Read the rest of this entry »


Capitalism, Religion and Global Warming

August 7, 2012

Global warming is the earth’s response to unrestrained capitalism. Everybody gets to make, buy and use whatever they want without regard to how it affects the sustainability of the environment and everyone in it. Drilling in the Gulf, the Arctic or anywhere, hydrofracking in New York, Pennsylvania or anywhere, turning food like corn into oil that can be burned, all make carbon based fuels that contribute to global warming.

The growing list of minor chores that we once did with cranks, like grinding coffee, requires more power for which more carbon based fuel is burned. Planning buildings without regard to natural cooling requires maximum use of power hungry air conditioners. This is capitalist freedom to do whatever we want. And the earth is fighting back.  Read the rest of this entry »


Character, Capitalism and Regulation

June 19, 2012

Many conservatives are concerned that we have lost a sense of moral obligations, without which the state must eventually fail. They trace most of the nation’s ills to character, including the national debt, crime, failing schools and poverty to name a few.  Read the rest of this entry »


What students need from higher education?

May 10, 2012

Students are choosing where to go to college. A college education is expensive but too many graduates come out of college without a skill set. What do they need from higher education?

Some students go through specialized programs and learn specific skills they can use – engineering, accounting, pharmacy, for example, are all undergraduate majors. And college gives students an opportunity to figure out which field of endeavor they will be willing and able to do well. But the information conveyed in specific majors may be much less helpful for careers that are not in that field.

Students can obtain a core that would work in a wide expanse of positions available to college grads – many even in the arts. I’ll add a couple of comments on what would help for future lawyers. Read the rest of this entry »


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