Clarence Darrow Did Not Always Defend Working People

(p. 12) Kersten frames Darrow’s penchant for representing murderers and other criminals, for instance, as the only way he could underwrite his political work. And he doesn’t even mention some of Darrow’s more unseemly efforts, like the case of the good ship Eastland, when labor’s beloved lawyer mounted a defense of the steamboat’s chief engineer, whose negligence had been a cause of the drowning deaths of 844 working people out for a day of fun on the Chicago River.
Farrell has no such compunctions. He agrees that Darrow had core principles. “He was Jefferson’s heir,” he says, “his time’s foremost champion of personal liberty,” raging against the concentration of wealth and power that had accompanied the nation’s industrialization. But Darrow also thought of the law as blood sport. He shamelessly seduced juries with his common man routine — the rumpled suits and suspenders, the gentle country drawl — and his extraordinary closing statements, which he packed with philosophy, poetry and cheap emotions meant to make men cry. Those were the benign manipulations, Farrell argues. In some of his biggest cases Darrow bought the testimony he needed. And when he was apparently caught in the act in 1911, he hired as his counsel the most ruthless criminal lawyer he could find — a flashy-dressing, hard-drinking, anti-union conservative — because there was no point in confusing means and ends.
A similarly callous streak ran through Darrow’s personal life. He divorced his first wife because she wasn’t sophisticated enough; married his second because she doted on him; then took a mistress 21 years his junior. He cheated on his law partners too, handing them work he didn’t want to do and pocketing fees they were supposed to share. And for all his radicalism, Darrow loved a big payday: according to Farrell, he took on Leopold and Loeb, two sons of privilege, primarily because their parents offered him a $65,000 retainer.

For the full review, see:
KEVIN BOYLE. “Equal Opportunity Defender.” The New York Times Book Review (Sunday, July 10, 2011): 12.
(Note: the online version of the review has the date JULY 8, 2011, and has the title “Clarence Darrow, Equal Opportunity Defender.”)

The books under review, are:
Farrell, John A. Clarence Darrow: Attorney for the Damned. New York: Doubleday, 2011.
Kersten, Andrew E. Clarence Darrow: American Iconoclast. New York: Hill and Wang, 2011.

Stronger Labor Market May Increase Productivity

(p. B3) . . . the provocative conclusion of new research from the McKinsey Global Institute, the in-house think tank of the consulting giant, . . . suggests we should change how we think about the advancements that make society richer over time. It implies that as the economy returns to full employment, an outburst of faster growth in productivity — and hence economic growth — is a real possibility.
. . .
For years, McKinsey researchers have tried to understand what drives productivity growth from the ground up. They’ve studied how innovations that enable a company to make more goods and services per hour of labor spread across the economy.
The latest wrinkle is that the researchers now believe that productivity growth depends not just on the supply side of the economy — what companies produce and what technologies they use to do it — but also significantly on the demand side. That is to say, productivity advancements don’t happen in a vacuum just because technology is available. They also happen because companies need to increase production to match demand for their goods, and a shortage, either of workers or of materials, forces them to think creatively about how to do so.
. . .
. . . consider how this dynamic might apply in the restaurant industry (or retail, or tourism).
The basic technology for self-serve kiosks has been around for years. But when the unemployment rate was at its post-crisis highs, employers could have their pick of good workers at relatively low prices. Now, with the jobless rate at 4.1 percent, good workers are harder to find. And, perhaps unsurprisingly, companies have been more open to installing technology that may have a significant upfront cost and require reworking how a restaurant is organized, but allow more sales without hiring more workers.

For the full commentary, see:
Neil Irwin. “Why Researchers Believe a Productivity Boom Is Now a Real Possibility.” The New York Times (Thursday, Feb. 22, 2018): B3.
(Note: ellipses added.)
(Note: the online version of the commentary has a date of Feb. 21, 2018, and has the title “The Economy Is Getting Hotter. Is a Productivity Boom Next?”)

The McKinsey report discussed above, is:
Remes, Jaana, James Manyika, Jacques Bughin, Jonathan Woetzel, Jan Mischke, and Mekala Krishnan. “Solving the Productivity Puzzle.” Report McKinsey Global Institute, Feb. 2018.

Environmentalists Deprive the Poor of Cool Comfort

(p. A1) DELHI — A thrill goes down Lane 12, C Block, Kamalpur every time another working-class family brings home its first air-conditioner. Switched on for a few hours, usually to cool a room where the whole family sleeps, it transforms life in this suffocating concrete labyrinth where the heat reached 117 degrees in May.
“You wake up totally fresh,” exulted Kaushilya Devi, a housewife, whose husband bought a unit in May. “I wouldn’t say we are middle class,” she said. “But we are closer.”
But 3,700 miles away, in Kigali, Rwanda, negotiators from more than 170 countries gathered this week to complete an accord that would phase out the use of heat-trapping hydrofluorocarbons, or HFCs, worldwide, and with them the cheapest air-conditioners that are just coming within reach of people like Ms. Devi.
. . .
(p. A8) Sandhya Chauhan and her family live in two musty, windowless subterranean rooms, which turn stifling on summer nights, leaving six sweat-soaked adults to fidget, toss and pace until morning. They have lived there for 20 years, unable to find other lodging on the household’s combined earnings of around 30,000 rupees a month, or less than $450.
But it was never as awful as this May, when temperatures crept so high that Ms. Chauhan’s friends speculated that the earth was colliding with the sun. After a doctor warned Mrs. Chauhan that heat exhaustion was affecting their oldest son’s health, her husband bought an air-conditioner on credit. Though they are hardly middle class — “we have never let this thought cross our minds,” Mrs. Chauhan said — the purchase has changed the way they see themselves.
“My children sleep in peace,” she said. “There was a sense of happiness from inside. There was a sense that father has done a great job.”
Among the changes that have come with increasing wealth, Ms. Devi said, is the confidence to spend on the family’s comfort, rather than squirreling every bit of savings away.
“Education is teaching people to take care of themselves,” she said. “Now that we are used to air-conditioners, we will never go back.”

For the full story, see:
ELLEN BARRY and CORAL DAVENPORT. “A Climate Deal Could Push Air-Conditioning Out of India’s Reach.” The New York Times (Thurs., October 13, 2016): A1 & A8.
(Note: ellipsis added.)
(Note: the online version of the story has the date OCT. 12, 2016, and has the title “Emerging Climate Accord Could Push A/C Out of Sweltering India’s Reach.” The online version of the article says that the New York edition had the headline “Accord May Push Air-Conditioning Out of India’s Reach” and appeared on p. A12. In my paper, which is probably the midwest edition, the title was as cited in the main citation above, and appeared on pp. A1 and A8.)

NYC Fee for Plastic Bags Is “a Tax on the Poor and the Middle Class”

(p. A18) The ubiquitous, easily torn, often doubled-up plastic bags from the grocery store — hoarded by dog owners, despised by the environmentally concerned and occasionally caught in trees — will soon cost at least a nickel in New York City.
The City Council voted 28 to 20 on Thursday to require certain retailers to collect a fee on each carryout bag, paper or plastic, with some exceptions. Mayor Bill de Blasio has expressed support for the measure.
. . .
Mr. Bloomberg offered a proposal in 2008 for a 6-cent bag fee — 5 cents for stores; a penny for the city — before dropping it several months later amid strong opposition. At the time, one of the opponents on the Council was Simcha Felder, a Brooklyn Democrat who is now a state senator. Last month, Senator Felder introduced a bill that would prohibit the levying of local fees on bags; it passed a committee this week.
In discussing his opposition this week, Mr. Felder traced the 200-year history of how people have carried their groceries home, progressing from cloth bags to boxes to paper to plastic, and said that reusing bags presented a health hazard. He said he would hold a hearing on his bill in the city next month.
“That’s nothing less than a tax on the poor and the middle class — the most disadvantaged people,” he said.
Opposition to the measure has also come from the plastic bag industry — via its lobbying arm, the American Progressive Bag Alliance — as well as from those who, like Mr. Felder, said the fee amounted to a regressive tax, disproportionately affecting low-income and minority New Yorkers . . . .

For the full story, see:
J. DAVID GOODMAN. “Council Approves a Fee on Checkout Bags.” The New York Times (Fri., May 6, 2016): A18.
(Note: ellipsis added.)
(Note: the online version of the story has the date MAY 5, 2016, and has the title “5¢ Fee on Plastic Bags Is Approved by New York City Council.”)

Musk “Could Be Completely Delusional”

(p. B2) Tesla Inc. on Tuesday [January 23, 2018] unleashed a bold pay package for Chief Executive Elon Musk that again ties his compensation entirely to key performance benchmarks. This time, the goals take the electric-car maker to cosmic heights, including an ultimate aim of hitting $650 billion in market value.
. . .
Mr. Musk could net billions of dollars by hitting only a few of the milestones. Tesla said in a proxy filing the 20.26 million stock options today would have a preliminary value of about $2.62 billion. But if Tesla were to reach the audacious market value of $650 billion–as much as Amazon.com Inc. is worth today–the company said Mr. Musk’s stock award would reap him as much as $55.8 billion fully vested.
That total, however, assumes the company’s shares outstanding won’t be diluted. Tesla has added tens of millions of shares over the past several years, so that total dollar figure is unlikely.
. . .
Mr. Musk is saying, “I want to set an audacious goal, and then if I achieve it, then pay me audaciously,” said John Challenger, a longtime expert in corporate compensation as chief executive of Challenger, Gray & Christmas. “He is in some ways capturing the spirit of Silicon Valley.”
. . .
Mr. Musk had previously committed the company to reaching a market cap of $700 billion, something he reiterated last year. “I could be completely delusional, but I think I see a clear path to that outcome,” he told analysts in May.

For the full story, see:
Higgins, Tim. “Tesla Primes Musk’s Pay for Blastoff.” The Wall Street Journal (Weds., January 24, 2018): B2.
(Note: ellipses, and bracketed date, added.)
(Note: the online version of the story has the date JAN. 23, 2018, and has the title “Elon Musk Could Net Billions by Hitting Tesla’s New Milestones.” Where the wording of the two versions differs, the passages quoted above follow the wording of the online version.)

Value of Higher Education Is in the Signaling, Not the Learning

(p. A13) Mr. Caplan, an economist at George Mason University, argues that most of the value of education–especially higher education–comes from “signaling,” not from the content of learning. As a result, Americans are “overeducated,” and it’s time to stop spending so much money (both private and public) on schools.
. . .
After surveying the research on the “transfer of learning,” Mr. Caplan concludes: “Students learn only the material you specifically teach them . . . if you’re lucky.” Generally, they don’t know how to transfer their reasoning from one topic to a related one. As to informal reasoning–the ability to come up with arguments for or against a particular proposition–education’s effect, he says, has been “tiny.” He similarly dispenses with the claim that schools teach common values or civic education. As college attendance has skyrocketed, he notes, voter turnout has declined.

For the full review, see:
Naomi Schaefer Riley. “BOOKSHELF; Deciding Against the Paper Chase; High costs, indifferent teachers, hours devoted to subjects that have little to do with earning a living in the real world: Is it all worth it?” The Wall Street Journal (Tuesday, Jan. 16, 2018): A13.
(Note: ellipsis between paragraphs, added; ellipsis internal to second paragraph, in original.)
(Note: the online version of the review has the date Jan. 15, 2018, and has the title “BOOKSHELF; Review: Deciding Against the Paper Chase; High costs, indifferent teachers, hours devoted to subjects that have little to do with earning a living in the real world: Is it all worth it?”)

The book under review, is:
Caplan, Bryan. The Case Against Education: Why the Education System Is a Waste of Time and Money. Princeton, NJ: Princeton University Press, 2018.

Cognitive Abilities Highest After Waking in Morning

(p. A15) A raft of studies in disciplines ranging from medicine to economics have yielded all sorts of data on the science of timing. Daniel Pink, an author who regularly applies behavioral science to the realm of work, has handily distilled the findings in “When: The Scientific Secrets of Perfect Timing.”
. . .
For a slim book, “When” brims with a surprising amount of insight and practical advice. In amiable, TED-talk-ready prose, Mr. Pink offers scheduling tips for everything from workouts to weddings. Exercise, for example, is best done in the morning for those who hope to lose weight, build strength and boost their mood through the day.
. . .
Moods are not the only things that shift every 24 hours. Our cognitive abilities also morph in foreseeable ways. We are often sharpest in the hours after waking up, which makes morning the best time to take exams or answer logic problems. Researchers analyzing four years of test results for two million Danish schoolchildren found that students consistently scored higher in mornings than afternoons.

For the full review, see:
Emily Bobrow. “BOOKSHELF; Hacking The Clock; Exercise in the morning if you want to lose weight. But if you want to perform at your physical peak, plan a workout for the afternoon.” The Wall Street Journal (Wednesday, Jan. 10, 2018): A15.
(Note: ellipses added.)
(Note: the online version of the review has the date Jan. 9, 2018, and has the title “BOOKSHELF; Review: Hacking The Clock; Exercise in the morning if you want to lose weight. But if you want to perform at your physical peak, plan a workout for the afternoon.”

The book under review, is:
Pink, Daniel H. When: The Scientific Secrets of Perfect Timing. New York: Riverhead Books, 2018.

Firms Invest in France as Rules “Make It Easier to Hire and Fire”

(p. B1) PARIS — The announcements came in a steady drumbeat. Around 1,300 job cuts at France’s biggest automaker. At least 2,500 at France’s largest supermarket chain. Over 200 sought at a major clothing retailer. And thousands more are on the way.
Just weeks after France’s labor overhaul went into effect, companies are readily taking advantage of new rules that make it easier to hire and fire.
. . .
Perceptions of France, long derided as a difficult place to do business for its onerous labor rules, are changing.
Growth has recently picked up after being stagnant for nearly five years. And there are signs that the changes, a major piece of the president’s economic program, are drawing the interest of investors.
Amazon will open a new distribution center south of Paris this year, creating over 1,000 jobs. Facebook and Google announced Monday they would invest in artificial intelligence development in France. Also Monday, Toyota announced it would invest 300 million euros, or $367 million, to increase capacity at a plant in northern (p. B3) France, creating up to 700 jobs through 2020.
“The complex labor laws have historically been the No. 1 obstacle to the competitiveness and attractiveness of France,” said Olivier Marchal, the chairman of Bain & Company France, a business consulting firm. The changes, together with other business-friendly measures such as a gradual reduction in the corporate tax, have “drastically changed investor perceptions,” he said.

For the full story, see:
LIZ ALDERMAN. “Newfound Freedom … to Fire.” The New York Times (Weds., January 24, 2018): B1 & B3.
(Note: ellipsis in article title, in original; ellipsis between quoted paragraphs, added.)
(Note: the online version of the story has the date JAN. 23, 2018, and has the title “French Companies Have Newfound Freedom … to Fire.”)

Apple Orchard Must Focus on “Placating a Government Regulator”

(p. A1) ALTAMONT, N.Y. — For eight weeks every fall, Indian Ladder Farms, a fifth-generation family operation near Albany, kicks into peak season.
The farm sells homemade apple pies, fresh cider and warm doughnuts. Schoolchildren arrive by the busload to learn about growing apples. And as customers pick fruit from trees, workers fill bins with apples, destined for the farm’s shop and grocery stores.
This fall, amid the rush of commerce — the apple harvest season accounts for about half of Indian Ladder’s annual revenue — federal investigators showed up. They wanted to check the farm’s compliance with migrant labor rules and the Fair Labor Standards Act, which sets pay and other requirements for workers.
Suddenly, the small office staff turned its focus away from making money to placating a government regulator.
The investigators arrived on a Friday in late September and interviewed the farm’s management and a group of laborers from Jamaica, who have special work visas. The investigators hand delivered a notice and said they would be back the following week, when they asked to have 22 types of records available. The request included vehicle registrations, insurance documents and time sheets — reams of paper in all.
Over the next several days, the Ten Eyck family, which owns the farm, along with the staff devoted about 40 hours to serving the investigators, who visited three times before closing the books.
“It is terribly disruptive,” said Peter G. Ten Eyck II, 79, who runs the farm along with a daughter (p. A14) and son. “And the dimension that doesn’t get mentioned is the psychological hit: They are there to find something wrong with you. And then they are going to fine you.”
This is life on the farm — and at businesses of all sorts. With thick rule books laying out food safety procedures, compliance costs in the tens of thousands of dollars and ever-changing standards from the government and industry groups, local produce growers are a textbook example of what many business owners describe as regulatory fatigue.
Over the past five decades, Mr. Ten Eyck said, there has been an unending layering of new rules and regulations on his farm of over 300 acres, as more government agencies have taken an interest in nearly every aspect of growing food, and those agencies already involved have become even more so.
Now, a new rule is going into effect that will significantly expand the oversight of one regulator, the Food and Drug Administration, at the farm.
. . .
Researchers at the Mercatus Center, a conservative-leaning economic think tank at George Mason University, say apple orchards are facing a growing federal regulatory burden. Quantifying that burden is difficult, but using a computer algorithm that analyzes regulations through keyword searches, researchers from the center’s RegData Project estimated the federal regulatory code contains 12,000 restrictions and rules on orchards, up from about 9,500, or an increase of 26 percent, from a decade ago.
Many of those rules apply to other businesses as well, and some restrict the actions of government regulators, not the orchard owners. Using the Mercatus Center data, and screening for such exceptions, The New York Times identified at least 17 federal regulations with about 5,000 restrictions and rules that were relevant to orchards.
. . .
. . . regulation streamlining is a winning message across the political spectrum when it comes to making life easier for small businesses, according to more than 20 interviews with business owners and others in the produce industry.
Industry by industry, small businesses have been lobbying governments — from town health departments to federal cabinet agencies — to simplify rules and eradicate redundancy.
. . .
The grievances relate largely to the sheer amount of time and money that it takes to comply, and what farmers see as a disconnect between them — the rule followers — and the rule makers, who Mr. Ten Eyck describes as “people looking at a computer screen dreaming up stuff.”
“The intentions are not bad,” he said. “It is just that one layer after another gets to be — trying to top the people before them.”

For the full story, see:
STEVE EDER. “One Apple Orchard and 5,000 Government Rules.” The New York Times (Thurs., December 28, 2017): A1 & A14-A15.
(Note: ellipses added.)
(Note: the online version of the story has the date DEC. 27, 2017, and has the title “When Picking Apples on a Farm With 5,000 Rules, Watch Out for the Ladders.”)

“The Transforming Power of the Individual Will”

(p. A10) “These deep transformations have started and will continue with the same force, the same rhythm, the same intensity in 2018,” the French president told his compatriots in his New Year’s Eve greetings a few days before.
Mr. Macron was hinting at the real disruptions he has brought about in French political life — in employment and fiscal policy so far, with other big jolts promised soon. Remarkably in so hidebound a country he is getting away with it.
. . .
Mr. Macron imbibed from his mentor, the late philosopher Paul Ricoeur, a belief in the transforming power of the individual will. As proof, the young president can point to his own quick rise to the top, a stunning success that undergirds many of his pronouncements.
Similarly, the changes he has pushed through so far — like his lightening of the mammoth French labor code, with barely a whimper from the opposition — only buttress the narrative of individual determination, which he now hopes to infuse in his fellow citizens.
It is an unusual position for a French politician, who for generations have emphasized the protective power of the state — and the proof of any success will come only with a significant drop in the stubborn 10-percent jobless rate, elusive so far. But already surveys show higher levels of confidence among business executives than have been seen in many years.

For the full story, see:
ADAM NOSSITER. “French President Opens Year With Scolding for Journalists.” The New York Times (Sat., JAN. 6, 2018): A10.
(Note: ellipsis added.)
(Note: the online version of the story has the date JAN. 5, 2018, and has the title “Macron Opens Year Pulling No Punches With Journalists, or Anyone.”)

Automation Is “About Doing More with the People We’ve Got”

(p. A1) Mr. Persson, 35, sits in front of four computer screens, one displaying the loader he steers as it lifts freshly blasted rock containing silver, zinc and lead. If he were down in the mine shaft operating the loader manually, he would be inhaling dust and exhaust fumes. Instead, he reclines in an office chair while using a joystick to control the machine.
He is cognizant that robots are evolving by the day. Boliden is testing self-driving vehicles to replace truck drivers. But Mr. Persson assumes people will always be needed to keep the machines running. He has faith in the Swedish economic model and its protections against the torment of joblessness.
“I’m not really worried,” he says. “There are so many jobs in this mine that even if this job disappears, they will have another one. The company will take care of us.”
. . .
(p. A8) The Garpenberg mine has been in operation more or less since 1257. More than a decade ago, Boliden teamed up with Ericsson, the Swedish telecommunications company, to put in wireless internet. That has allowed miners to talk to one another to fix problems as they emerge. Miners now carry tablet computers that allow them to keep tabs on production all along the 60 miles of roads running through the mine.
“For us, automation is something good,” says Fredrik Hases, 41, who heads the local union chapter representing technicians. “No one feels like they are taking jobs away. It’s about doing more with the people we’ve got.”

For the full story, see:
PETER S. GOODMAN. “Sweden Adds Human Touch to a Robotic Future.” The New York Times (Thurs., December 28, 2017): A1 & A8.
(Note: ellipsis added.)
(Note: the online version of the story has the date DEC. 27, 2017, and has the title “The Robots Are Coming, and Sweden Is Fine.”)