Quite the argument for at least SOME adjustment in our tax codes
Category: U.S. Economy
Monsanto, Soybeans, and an Indiana Farmer
What does a Supreme Court case about the sale of soybean seeds have to do with life sciences? A lot, says the U.S. Solicitor General and life sciences attorneys.
Bowman v. Monsanto concerns farmer Vernon Hugh Bowman who bought seed from one of Monsanto’s licensed seed producers and did a first and then, much later, a second seeding. Monsanto claimed Bowman had infringed the patent and the technology agreement that was in force when he had purchased the seed. The lower courts found there had been infringement.
The “first sale” or “patent exhaustion” doctrine provides that the first unrestricted sale by a patent owner of a patented product exhausts the patent owner’s control over that particular item. Bowman petitioned the Supreme Court for review, arguing that the U.S. Court of Appeals for the Federal Circuit erred by refusing to find patent exhaustion in patented seeds after an authorized sale and by creating an exception to the doctrine of patent exhaustion for self-replicating technologies. Against the SG’s advice, the court granted review.
In his amicus brief to the court filed Jan. 8, the SG argued that the Federal Circuit’s ruling that patent exhaustion did not apply should be affirmed and stated that not affirming the ruling would also affect the “enforcement of patents for man-made cell lines, DNA molecules, some nanotechnologies, and other technologies that involve self-replicating features.” Companies marketing patented recombinant plasmids and transformed cell lines capable of replication “would lose much of their value if purchasers of patented bacteria or other self-replicating products could reproduce and sell those items free from the restraints of patent law,” the SG wrote.
Howard Bremer told BNA that the court’s affirming the Federal Circuit’s ruling would be the best solution and would prompt the continuation of the “motivation factor for the private sector to license self-replicating technologies for development and marketing under the auspices of licensing arrangements with universities and thereby serve the public interest.”
This is a case to watch.
(Source: Bloomberg News)
Depression
I’d like to address a number of forms of depression that I think currently grip our American communities.
First, the disclosure…I am neither a psychologist nor an economist….just an observer.
I recently heard an NPR report that Bill Ackman, a well-known hedge fund manager, believes Herbalife is a financial pyramid scheme.
As my brain often makes seemingly mysterious connections, I immediately started thinking about pensions funds and our current financial marketplaces….realizing that our current financial management systems depend on constant ‘growth’ to remain solvent…and our past growth has been unsustainable in terms of using the Earth’s resources (even at current population size).
Then I realized the financial scale of pensions and American money-management.
Then I became depressed.
I’m not inclined to depression, almost never feel anything like depression. But – as I thought about American money management – I became depressed.
Depression is a state of low mood and aversion to activity (wikipedia). Economic depression is a sustained, long-term decline in economic activity (wikipedia).
Why was I suddenly depressed?
America has recently seen a serious and sustained decline in economic activity. We have seen this decline coincident with the aging of the baby-boomer population.
I believe we have also seen this decline of economic activity at a time where bankers and investment managers were no longer able to ‘manage’ the investment banking system…primarily attempting to use complex financial instruments to offset the financial damage being done by a pension and money management system that was becoming dysfunctional. In essence, the result of their initial confusion and frustration with the existing financial system was complex manipulation which led to an economic depression.
Troubling enough as the last five years have been, it appears to be the mere ‘tip of the financial iceberg’. America has built a private financial management system that, to a great extent, stayed solvent by using the ever increasing ‘investments’ of our boomer population to pay our social security system debts (I don’t just mean here U.S. Social Security, I also mean all the private pension, retirement, risk management systems)….an unsustainable approach both in terms of ecological and population science.
The current Obama Administration has ‘plugged’ the initial hole with a bank bailout and increased American borrowing. The period 2007 thru 2012 was just the first crumbling of our national/international scheme of paying past debts on the backs of future earners.
We will see more and more depression if we continue our current unsustainable financial system.
In listening to President Obama’s Second Inaugural Address I realized his good hearted ideology will be ‘flattened’ by our current financial dilemmas. I also had the feeling he does not ‘get it’ because he has little background in math and finance. He will not solve America’s depression. (By the way, I have liked the guy, just don’t see him solving our current social dilemma).
In reading reviews of Mr. Obama’s address I did come upon one article and a reference to another piece by Patrick Doherty, who I believe does ‘get it’.
He is realistic and responsible in his thoughts and recommendations.
I would add that we need to combine Mr. Doherty’s notion of a broad based increase in demand with a broad based increase in respect for good work.
As Lamar Alexander quoted in his short Inaugural speech…Find the good and praise it.
New Musings on a US Carbon Tax
It has been a while since I’ve seen any editorial activity about a carbon tax, but here is an interesting one by David Frum.
American Economic Confusion
Over the past two months I’ve grown more acutely aware of how petty our American economy has become…and what a pernicious effect this is having on our social ethic. Not only are we divided between Wall Street and Main Street, we are profoundly divided on the basic ideas of economic well-being.
This has a number of outgrowths. Tyler Cowen recently wrote in the New York Times an interesting short essay on Mitt Romney’s now famous 47% comment. His article, That Blurry Line Between Makers and Takers, makes the point that “OF MAKING AND TAKING The correct distinction is not “makers versus takers.” The problem is that taking, rather than making wealth, appears to be growing in relative influence.” In essence, our political body is more influenced by economic behavior that ‘takes’ from the American economic whole.
Our penchant for charitable organizations to solve these social problems – and the petty economies of many of those charitable organizations – only adds to the American economic confusion. When I was young, charitable organizations where, in large part, volunteer organizations – many with religious founding. Today charitable organizations are ‘fundraising driven’ entities – many with endowments invested in a broad range of financial mechanisms that have little relationship to the charitable mission of the organization.
Add in the inability of either political party to speak meaningfully and understandably about ‘The Economy’ (How can you speak understandably about an American government that has taken responsibility for so much?) and you have a recipe for confusion.
Add in the observed condition that we are in the second generation of Americans raised under this economic confusion and you have social decline.
The good news is we have a strong undercurrent of sensible thought that both questions our institutionalized confusion – as well as begins to offer different and sound new behavior.
I’m, as you can tell, deeply involved in all of this – both intellectually and practically – and look for your advice and counsel.
The World Underground Economy
A fascinating presentation on what the presenter calls ‘economy D’.
Getting serious about happiness
The happiest countries in the world are all in Northern Europe (Denmark, Norway, Finland, Netherlands). Their average life evaluation score is 7.6 on a 0-to-10 scale. The least happy countries are all poor countries in Sub-Saharan Africa (Togo, Benin, Central African Republic, Sierra Leone) with average life evaluation scores of 3.4. But it is not just wealth that makes people happy: Political freedom, strong social networks and an absence of corruption are together more important than income in explaining well-being differences between the top and bottom countries. At the individual level, good mental and physical health, someone to count on, job security and stable families are crucial.
These are among the findings of the first ever World Happiness Report (download PDF), commissioned for the April 2nd United Nations Conference on Happiness (mandated by the UN General Assembly). The report, published by the Earth Institute and co-edited by the institute’s director, Jeffrey Sachs, reflects a new worldwide demand for more attention to happiness and absence of misery as criteria for government policy. It reviews the state of happiness in the world today and shows how the new science of happiness explains personal and national variations in happiness.
The Article
The moral imperative for educational policy
It has been two years since the administration’s Race to the Top education competition was implemented, and scholars, advocates, practitioners and journalists are asking whether the program has been effective. From my perspective, this is the wrong question. We must instead determine whether a contest that provides support to some but not others is sufficient for addressing the structural inequities that make separate and unequal education a persistent fact of life in America today.
Race to the Top and other competitive grant programs are essentially designed to help those who can run, but our nation must be committed to lift from the bottom in order to provide equal, high-quality education for all children everywhere. Our present education policy does not meet this moral imperative.
I was extremely uncomfortable last year when it was announced that Rhode Island had ‘won’ a substantial financial award in the Race to the Top Program…
The Jesse Jackson Opinion Piece
U.S. economy heading straight for the cliff
Washington (CNN) — You do not have to be an investor in the stock market or real estate or looking for a job to be alarmed when several highly regarded observers warn that the United States economy is about to be driven “off the cliff” by increasing debt, the expiration of tax cuts and the prospect of deep spending cuts.
The alarm should concern anyone who cares about our democratic system.
The reason we are getting awfully close to the edge is because the Democrats and Republicans are inclined to pull the steering wheel in opposite directions. Granted, alarms are often sounded, but as we shall see shortly, this time there are strong reasons to fear that our gridlocked political system will prevent us from responding before we go over the edge.
The most authoritative voice speaking out this time is that of Ben Bernanke, the chairman of the Federal Reserve. He stated recently that, “It is very important to say that if no action were to be taken by the fiscal authorities, the size of the fiscal cliff is such that there is, I think, absolutely no chance that the Federal Reserve could or would have any ability whatsoever to offset that effect on the economy.”
The Article