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    <title>Richard A. Posner</title>
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    <id>tag:correspondents.theatlantic.com,2009-05-01:/richard_posner//21</id>
    <updated>2010-02-08T19:29:21Z</updated>
    <subtitle>A Failure of Capitalism</subtitle>
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<entry>
    <title>Is Paul Krugman a Realist or a Dreamer? Toward Refocusing on Economic Growth</title>
    <link rel="alternate" type="text/html" href="http://correspondents.theatlantic.com/richard_posner/2010/02/is_paul_krugman_wasting_his_breath.php" />
    <id>tag:correspondents.theatlantic.com,2010:/richard_posner//21.35500</id>

    <published>2010-02-08T12:00:00Z</published>
    <updated>2010-02-08T19:29:21Z</updated>

    <summary>Paul Krugman advocates an additional stimulus program, along the lines of the $787 billion stimulus program enacted last February. He has not, to my knowledge, indicated how large a program he wants, but presumably it would be very large, perhaps...</summary>
    <author>
        <name>Richard A. Posner</name>
        <uri>http://www.hup.harvard.edu/catalog/POSFAI.html</uri>
    </author>
    
    
    <content type="html" xml:lang="en-US" xml:base="http://correspondents.theatlantic.com/richard_posner/">
        <![CDATA[<p>Paul Krugman <a href="http://www.nytimes.com/2009/01/26/opinion/26krugman.html?_r=1">advocates</a> an additional stimulus program, along the lines of the $787 billion stimulus program enacted last February. He has not, to my knowledge, indicated how large a program he wants, but presumably it would be very large, perhaps equal in size to last year's program. He realizes that the nation cannot continue running up its debt without serious long-run consequences, but believes that now is not the time to reduce deficits by higher taxes or lower government spending; that we should wait for the economy to recover, and then address our debt through economizing measures, primarily in health care--he believes that the Obama health care plan would reduce the federal deficit.</p>
<p>He is not being realistic. There is almost certainly not going to be another stimulus program of any magnitude as long as the recovery, anemic though it seems to be, doesn't give way to a 1937-style second depression. And there aren't, in all likelihood, going to be any significant spending cuts; the perfection of interest-group politics will see to that. There is no way, it seems to me, that adding 30 or 40 or 50 million people to the health insurance roles (in the event that an ambitious health care program is enacted after all) can avoid an increase in the costs of health care borne by the government, because those people will demand more care once they have insurance. There won't be offsetting cuts in Medicare because the old people won't stand for any reduction in their treatment options. There aren't going to be big tax hikes, either, to pay off the debt; neither political party dares to raise taxes, beyond letting a small part of the Bush tax increases expire on schedule in 2011. Because spending won't fall or taxes rise, the public debt will rise, so the interest on it will rise, and its rise will be compounded by higher interest rates as the debt grows. Rising interest expense will combine with rising Medicare and Social Security costs to further compound the debt. It looks as if, mainly by virtue of the Bush deficits and the costs (in reduced tax collections and increased welfare expenses, bailouts, and stimulus), the public debt will reach $10 trillion in a couple of years.</p>
<p>I conclude that there probably is only one way out of our fiscal dilemma, apart from default, devaluation, or runaway inflation, and that is to increase the rate of economic growth to the point at which a growing public debt falls, or at least does not increase further,&nbsp;in percentage of GDP. But measures to increase economic growth must satisfy four criteria: that they not interfere with the economic recovery; that they not put the government in the futile position of trying to pick tomorrow's industry winners and investing in them ("industrial policy"); that they not cost too much, as that will contribute to the deficit, because the costs are likely to be incurred before the benefits are obtained; that they be politically feasible.</p>
<p>With these constraints in mind, I suggest the following candidates for stimulating the growth of the economy.</p>
<p>1. Remove all limits on the immigration of highly skilled workers, or persons of wealth. (This should be done gradually, so as not to increase unemployment while the unemployment rate remains very high.)</p>
<p>2. Decriminalize most drug offenses in order&nbsp;to reduce the prison population, perhaps by as much as a half, which will both economize on government expenditures and increase the number of workers. (Again and for the same reason, phase in gradually.)</p>
<p>3. Curtail medical malpractice liability, which increases medical costs gratuitously (because the courts are very poor at identifying actual malpractice) and, more important, engenders a great deal of very costly, and largely worthless, "defensive medicine."</p>
<p>4. Augment the admirable efforts being made by the Obama administration to improve public education.</p>
<p>5. Increase investment in the treatment of mental illness, which disables people during their productive years.</p>
<p>6. Simplify the federal tax code.</p>
<p>This list is merely suggestive, and could surely be improved. It is meant to suggest a more productive alternative to the current efforts at comprehensive health care reform, unpromising job subsidy and mortgage relief programs, and ambitious financial regulatory reform--all measures that are likely to slow the recovery by making the economic environment more uncertain and our fiscal problems more acute.</p>]]>
        
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<entry>
    <title>The Limits of Deficit Spending</title>
    <link rel="alternate" type="text/html" href="http://correspondents.theatlantic.com/richard_posner/2010/01/the_limits_of_deficit_spending.php" />
    <id>tag:correspondents.theatlantic.com,2010:/richard_posner//21.35076</id>

    <published>2010-01-31T23:14:04Z</published>
    <updated>2010-02-01T15:53:01Z</updated>

    <summary>The unemployment rate is weighing very heavily on the economy, and on our politics as well. People are getting impatient: the unemployed, of course, but also the people who worry about losing their job, the people who do not count...</summary>
    <author>
        <name>Richard A. Posner</name>
        <uri>http://www.hup.harvard.edu/catalog/POSFAI.html</uri>
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    <content type="html" xml:lang="en-US" xml:base="http://correspondents.theatlantic.com/richard_posner/">
        <![CDATA[<p><a href="http://correspondents.theatlantic.com/richard_posner/jobs%20-%20Spencer%20Platt.jpg"><img alt="jobs - Spencer Platt.jpg" src="http://correspondents.theatlantic.com/richard_posner/assets_c/2010/02/jobs%20-%20Spencer%20Platt-thumb-600x350-21215.jpg" class="mt-image-left" style="margin: 0pt 20px 20px 0pt; float: left;" width="600" height="350" /></a></p><p>The <a href="http://www.bls.gov/news.release/empsit.nr0.htm">unemployment rate</a> is weighing very heavily on the economy, and on our politics as well. People are getting impatient: the unemployed, of course, but also the people who worry about losing their job, the people who do not count as unemployed because they have given up, the people who are employed and expect to remain employed but have seen their wages, their hours, or their benefits--or all three--slashed. The government has almost given up trying to do anything serious&nbsp;to speed economic recovery and reduce the unemployment rate. The Republican Party has waged <a href="http://www.cbsnews.com/stories/2009/02/03/eveningnews/main4773760.shtml">an effective campaign</a> against the $787 stimulus bill that was enacted back in February '09 and that is now <a href="http://www.forbes.com/2009/06/09/american-recovery-reinvestment-act-roosevelt-opinions-contributors-depression.html">regarded</a> (mistakenly, as it seems to me) as an economic as well as a political&nbsp;failure. It was a disappointment and only a partial success.&nbsp;It was late in coming, poor in design, slow in execution, poorly explained by our articulate president and his economic advisers, and ineptly defended with unsubstantiated claims about the number of jobs saved. And it has collided as it were with other deficit sources, which has fed concerns with the long-run health of the economy.</p>
<p>The $787 billion has not yet been fully spent, so there will be stimulus spending this year. But predictions are that unemployment will remain at about 10 percent. That doesn't mean that the stimulus was or is a failure, for without it, the unemployment rate would probably be higher, though no one knows how much higher. <br /></p><p>The administration's attempts to quantify the effect of the stimulus on employment are unconvincing and no longer widely believed. With unemployment expected to persist at such a high level, indicating a great deal of unused productive capacity in the economy, there is a case for further stimulus, and it is being vigorously <a href="http://www.nytimes.com/2010/01/04/opinion/04krugman.html?scp=2&amp;sq=paul%20krugman%20stimulus&amp;st=cse">pressed</a> by liberal economists such as Paul Krugman. But the administration appears to have lost its case for stimulus spending in the court of public opinion. The only additional stimulus spending will be, it seems, essentially empty gestures of concern. To that camp belongs the <a href="http://uchicagolaw.typepad.com/beckerposner/2010/01/the-jobsubsidy-planposner.html">$33 billion job-subsidy program</a> that the president has proposed to Congress. If it is enacted, employers will be entitled to a $5,000 tax credit per worker hired if the hire increases his number of employees, and to an additional subsidy for raising wages by more than the rate of inflation, but the total amount of subsidy is limited to $500,000 per employer.</p>
<p>The program&nbsp;is unlikely to have an appreciable effect on employment. It is too small. It will either be gamed (as by firms that fire and then rehire), or the procedures created by the legislation to prevent gaming will entangle the program in red tape, delaying its implementation and perhaps rendering it largely ineffectual, like the program to encourage mortgage modifications. It will not be targeted on industries and areas of the country in which unemployment is highest.</p>
<p>But the biggest problem with the job-subsidy program is that it is fundamentally misconceived. The Keynesian theory of stimulus (the only theory that makes economic sense) is that if private demand for goods and services falls substantially below the economy's productive capacity (as it has done), government can replace the shortfall in demand by increasing its own demand. It can buy roads and airports and military equipment with borrowed money (so as not to take money out of people's pockets, in the form of taxes, and by doing so depressing private demand). And it can borrow cheap, because consumers are saving more than usual, and with demand weak, businesses are borrowing less than usual. So the private demand for credit is weak, and interest rates therefore low. The surge in government demand increases production, and increased production results in increased employment.</p>
<p>The job-stimulus plan is not aimed at increasing demand, and therefore is unlikely to increase employment. For example, if a company is producing 1,000 widgets a year with a work force of 30, and it adds a 31st employee and thereby earns a $5,000 tax credit, the company's total costs will have risen by the wages and benefits that he pays the new employee minus the $5,000. But his sales will not have risen. Participating in the job-subsidy program will actually reduce his profits (revenue minus cost).</p>
<p>The job-subsidy plan can be understood only in political terms. The country is riled up about the unemployment rate, and so, demands that the government do something. So it is doing something, just not anything that will affect the unemployment rate. If as we all should hope the rate falls, the administration will claim credit, pointing to the job-subsidy plan.</p>
<p>Politics aside, the <a href="http://www.politico.com/news/stories/0110/31479.html">mounting federal deficit</a> should worry the advocates of major new stimulus spending more than it does. The deficit this past fiscal year (which ended on September 30, 2009) was $1.4 trillion, and the administration itself is predicting a deficit in the current fiscal year of $1.6 trillion, which will bring the nation's public debt (the critical component of the national debt) up to $9.1 trillion. The administration continues to unsettle the general public and the business community alike by vowing to continue pressing its ambitious (and immensely costly) health-insurance plan; and Medicare and Social Security spending continues on a seemingly inexorable upward path. Without being able to predict the future beyond a few months, no one can be confident about knowing what measures, if any, can prudently be taken to promote economic recovery and reduce unemployment.</p><p><i>Photo credit: Spencer Platt/Getty Images</i><br /></p>]]>
        
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<entry>
    <title>The Bernanke Confirmation Battle: Part II</title>
    <link rel="alternate" type="text/html" href="http://correspondents.theatlantic.com/richard_posner/2010/01/the_bernanke_confirmation_battle_part_ii.php" />
    <id>tag:correspondents.theatlantic.com,2010:/richard_posner//21.34092</id>

    <published>2010-01-24T03:34:53Z</published>
    <updated>2010-01-26T19:07:56Z</updated>

    <summary>Ryan Grim, in a posting January 21 on Huffington Post, states that &quot;a recent poll [a Research 2000 National Poll] found that 47 percent of Americans think Bernanke cares more about Wall Street than Main Street, while only 20 percent...</summary>
    <author>
        <name>Richard A. Posner</name>
        <uri>http://www.hup.harvard.edu/catalog/POSFAI.html</uri>
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    <content type="html" xml:lang="en-US" xml:base="http://correspondents.theatlantic.com/richard_posner/">
        <![CDATA[<p>Ryan Grim, in a <a href="http://www.huffingtonpost.com/2010/01/21/bernanke-vote-opposition_n_431315.html">posting</a> January 21 on <em>Huffington Post</em>, states that "a recent poll [a Research 2000 National Poll] found that 47 percent of Americans think Bernanke cares more about Wall Street than Main Street, while only 20 percent think he works for Main Street. Independents, who swung heavily for Brown in Massachusetts, are even more opposed to Bernanke than Democrats or Republicans. Fifty percent of independents think he cares first about Wall Street; 15 percent think he prioritizes the needs of Main Street. That's a difficult vote in the face of an angry public." I'm not familiar with the "Research&nbsp;2000 National Poll," and do not vouch for its accuracy, but I am sure that a lot of people do think that "Bernanke cares more about Wall Street than Main Street."</p>
<p>I'm sure that's not true. Bernanke is an academic, not a banker. One can criticize many of his decisions, as I have done, but his mistakes, if that is what they are, do not suggest a bias in favor of the banking industry. The reason it looks that way to people who are not well informed about depression economics (which is most people, including not a few macroeconomists) is that beginning in the fall of 2008, his focus has been on restoring the banking industry (including not only commercial banks but also shadow banks, which is to say companies that provide close substitutes for banking services without being regulated as commercial banks) to a level of solvency at which the banks will feel comfortable lending in a risky environment--risky because defaults are way up because of the depression. He (more precisely, the Fed in cooperation with the Treasury Department and the Federal Deposit Insurance Corporation) has done this by (1) encouraging the absorption of the major shadow banks, like Goldman Sachs and Merrill Lynch, into the commercial banking industry, either by acquisition by a commercial bank, as in the case of Merrill, or conversion to a bank holding company, as in the case of Goldman, to reduce the risk of further catastrophic bank failures like that of Lehman Brothers in September 2008; (2) flooding the banks with cash through open market operations (basically buying short-term Treasury securities from banks); and (3) purchasing other securities, such as mortgage-backed securities and Treasury bonds, to keep down interest rates (the greater the demand for fixed-income securities, the higher the price and therefore the lower the yield because the income of each security is, by definition, fixed).</p>
<p>These measures have succeeded to the extent of averting insolvencies of major banks and thus keeping the credit industry alive, and by doing so has prevented an even worse depression than we are experiencing. But a side effect is that some banks, most notoriously Goldman Sachs, cursed with a tin ear for public opinion, have made very large profits in the midst of the depression. By borrowing cheap (because interest rates are so low both because of Fed policy and because lenders are confident that the government will not allow big banks to fail) and using the borrowed capital for risky trades (again in the confidence that the government will not allow a big bank to fail), the banks have been enabled to profit from the depression. This upsets people. But there is no clear alternative that wouldn't make the country as a whole worse off.</p>
<p>Unfortunately, the administration is incapable of explaining the situation to the American people. Maybe it feels they are uneducable in such esoteric matters. (I disagree.) But the consequence is to endanger Bernanke's confirmation. The administration is busy denouncing <a href="http://correspondents.theatlantic.com/richard_posner/2010/01/bernanke_angelides_and_the_bank_tax_ii.php">"fat cat"</a> bankers; Bernanke helped the banks; ergo he prefers fat cats (Wall Street) to thin ones (Main Street). A false syllogism, but hard for the administration to refute, because it is busy bashing bankers.</p>
<p>Bernanke may or may not be the best person for the job. That is almost irrelevant. If he is not confirmed, the independence of the Fed will take a terrible hit, because the next nominee will have to make outright promises to Congress of bank bashing, and of keeping interest rates&nbsp;way down&nbsp;regardless of inflation risk,&nbsp;in order to be confirmed.<br /></p>]]>
        
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<entry>
    <title>The Bernanke Confirmation Battle</title>
    <link rel="alternate" type="text/html" href="http://correspondents.theatlantic.com/richard_posner/2010/01/the_bernanke_confirmation_battle.php" />
    <id>tag:correspondents.theatlantic.com,2010:/richard_posner//21.34084</id>

    <published>2010-01-23T02:50:00Z</published>
    <updated>2010-01-26T16:08:48Z</updated>

    <summary><![CDATA[There is a disturbing report in The New York Times this evening: Senator Reid, the Senate Majority Leader, is reported to have said&nbsp;publicly that "he had decided to support Mr. Bernanke [for a new term as chairman of the Federal...]]></summary>
    <author>
        <name>Richard A. Posner</name>
        <uri>http://www.hup.harvard.edu/catalog/POSFAI.html</uri>
    </author>
    
    
    <content type="html" xml:lang="en-US" xml:base="http://correspondents.theatlantic.com/richard_posner/">
        <![CDATA[<p><a href="http://correspondents.theatlantic.com/richard_posner/reid%20-%20mark%20wilson.jpg"><img alt="reid - mark wilson.jpg" src="http://correspondents.theatlantic.com/richard_posner/assets_c/2010/01/reid%20-%20mark%20wilson-thumb-250x350-20970.jpg" class="mt-image-right" style="margin: 0pt 0pt 20px 20px; float: right;" width="250" height="350" /></a></p><p>There is a disturbing <a href="http://www.nytimes.com/2010/01/23/business/economy/23fed.html?scp=6&amp;sq=reid%20bernanke&amp;st=cse">report</a> in <i>The</i> <em>New York Times </em>this evening: Senator Reid, the Senate Majority Leader, is reported to have said&nbsp;publicly that "he had decided to support Mr. Bernanke [for a new term as chairman of the Federal Reserve] with trepidation <em>and only after he received a commitment that the Fed chairman would take additional steps to increase the flow of credit to middle-class Americans</em>." (Emphasis mine.)</p>
<p>I take no position on whether Bernanke should be confirmed; it would be inappropriate for me to comment publicly on a federal personnel matter and anyway I don't think I'm sufficiently well informed to have a responsible opinion. But I am worried about his having committed--if he did, for we have as yet only Senator Reid's word for it, and there is no doubt room for misinterpretation and different interpretations--to taking additional steps to increase the flow of credit to middle-class Americans. The only ways in which the Federal Reserve can do that, I should think, is by either reducing interest rates further or using its regulatory authority to compel banks to start lending their excess reserves. (The Fed is paying interest on those reserves; by ceasing to pay interest, it might induce greater lending--or less, because it would be depriving the banks of a secure stream of income.) The problem is that more credit, implying more money in circulation, increases the risk of a future inflation.</p>
<p>Suppose six months from now banks are lending much more than at present, so that&nbsp;the amount of money in circulation is increasing, and the velocity (rate of circulation) is also increasing as people spend more. In those circumstances, there will be a risk of inflation. The Fed can control the risk by increasing interest rates, but that will slow economic activity. Suppose the unemployment rate is still high, and with the slowdown in economic activity caused by a tightening of monetary policy, it rises. There will be howls. Will Bernanke be able to stick to his guns, as Volcker did in 1982, when unemployment hit 10.8 percent? Or will his "commitment" to Senator Reid deter him? If it does, the inflation may get out of hand.</p>
<p>All this is speculation; I have no crystal ball or keen insight into Bernanke's thinking or character, let alone an ability to forecast the course of the economy over the next year (or, for that matter, of the next week). But I am troubled that a nominee for Fed chairman should commit himself to follow an "accommodative" monetary policy as a quid pro quo for confirmation. I hope Senator Reid misunderstood him.</p><p><i>Photo credit: Mark Wilson/Getty Images</i><br /></p>]]>
        
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<entry>
    <title>The Volcker Plan and the Politics of Financial Regulatory Reform</title>
    <link rel="alternate" type="text/html" href="http://correspondents.theatlantic.com/richard_posner/2010/01/the_volcker_plan_and_the_politics_of_financial_regulatory_reform.php" />
    <id>tag:correspondents.theatlantic.com,2010:/richard_posner//21.33998</id>

    <published>2010-01-22T06:15:39Z</published>
    <updated>2010-01-26T18:48:42Z</updated>

    <summary>The recent announcement of what I&apos;ll call the &quot;Volcker Plan&quot; for regulating banks was sandwiched between two major political events: the election of a Republican Senator from Massachusetts and the Supreme Court&apos;s decision &quot;deregulating&quot; corporate campaign contributions. The timing of...</summary>
    <author>
        <name>Richard A. Posner</name>
        <uri>http://www.hup.harvard.edu/catalog/POSFAI.html</uri>
    </author>
    
    
    <content type="html" xml:lang="en-US" xml:base="http://correspondents.theatlantic.com/richard_posner/">
        <![CDATA[<p>The <a href="http://www.reuters.com/article/idUSN2215397320100122?type=marketsNews">recent announcement</a> of what I'll call the "Volcker Plan" for regulating banks was sandwiched between two major political events: the election of a Republican Senator from Massachusetts and the Supreme Court's decision "deregulating" corporate campaign contributions. The timing of the announcement in relation to the election of the Republican (Scott Bowen) is suspicious: it suggests a desire to change the subject and recapture the populist mandate by attacking the hated banks in a more dramatic fashion than by the proposal for a bank tax that I discussed in <a href="http://correspondents.theatlantic.com/richard_posner/2010/01/bernanke_angelides_and_the_bank_tax_ii.php">my last post</a>. The suggestion that Vice President Biden was a major advocate for the Volcker Plan reinforces the suspicion of a political motivation. He has no background in business, finance, or economics, but is of course an experienced politician. The administration's contention that the plan had been in the work for months and it's just an accident that it was announced the day after the Massachusetts election is hard to believe.</p>
<p>The significance of the <a href="http://www.law.cornell.edu/supct/html/08-205.ZS.html">Supreme Court decision</a> is that the decision increases the political power of the banks by enabling corporate rather than just individual financing of ads advocating for or against particular candidates in elections. Congressmen may be reluctant to invite an avalanche of negative ads paid for by banks by voting for regulatory measures that might substantially reduce the profitability of banking.</p>
<p>The administration's tough approach creates the following political problem. On the one hand, in continuing the policy of the Bush administration, the administration has been enormously supportive of the banks, and this has enabled some of them to reap large profits despite the depression. On the other hand, it has been criticizing the banks as pigs, with increasing stridency. The more the administration ratchets up its attacks on the banks--escalating from verbal abuse ("fat cat" bankers) to draconian regulation--the more it plays the populist card and, conceivably, distracts the public from the health&nbsp;care donnybrook, but also, the more it retards recovery by distracting bankers and, if tough regulations are instituted, weakening the banks financially and thus discouraging them from increasing their lending. If as a result economic recovery slows, the administration will pay a political price, while if bank regulation flops as health care reform is flopping, the administration will be thought unable to govern effectively.</p>
<p>It is difficult for the administration to rebut charges of being soft on banks because of the continuity not only of policy but also of personnel between the Bush and Obama administrations. The principal theorists of Bush's response to the financial crash were Geithner and Bernanke, and they're still in place. (The third member of Obama's economic troika, Lawrence Summers, is not as prominent publicly as either Geithner or Bernanke.) Geithner is identified in the public mind with hated Wall Street. Bernanke is identified with keeping interest rates way down is encouraging bank speculation (and high profits) just as the Fed was doing (with his support)&nbsp;in the early 2000s. The turn to Volcker is politically adroit, especially in the wake of the increasing skepticism of the Obama administration on the part of independent voters.</p>
<p>In retrospect, from a purely political perspective at least, the administration would have been better off with a different Secretary of the Treasury and a different Federal Reserve Chairman. Not that it could have removed Bernanke; but by deciding to reappoint him, the President in effect ratified Bernanke's policies. Appointing Volcker to succeed Bernanke might have been better from a political standpoint. Volcker is at once a commanding and a reassuring figure, and cannot be accused of being too friendly with hated "Wall Street."</p>
<p>Enough about politics. The Volcker plan deserves careful consideration. It's a shame it was not taken seriously by the administration from the start; the loss of a year is serious, maybe calamitous, because the plan cannot be adopted overnight. Its evaluation, detailed design, and execution will take years.</p>
<p>The plan is being described in some quarters as "the return of Glass-Steagall." <a href="http://www.investopedia.com/terms/g/glass_steagall_act.asp">The Glass-Steagall Act</a>, passed in the 1930s depression and repealed in 1999, provided that no company could be both a commercial bank and an investment bank. J. P. Morgan's bank had been both; the Act forced its division into Morgan Stanley (investment bank) and J. P. Morgan (commercial bank). The Act did much else besides; and barring commercial banks from engaging in investment banking in the conventional sense of underwriting new issues of securities would not have averted the financial collapse of September 2008. Even before the repeal of Glass-Steagall, moreover, its thrust of separating commercial banking from other financial activities had been blunted by statutory amendments and regulatory (or rather deregulatory) initiatives. It is the spirit rather than the letter of Glass-Steagall that Volcker wants to revive.</p>
<p>Volcker's basic idea is to insulate traditional commercial banking services from risky modern financing practices. Traditional commercial banking services consist of providing a place to park a person's money (a deposit account and safe-deposit box), making mortgage and commercial loans, administering the payments system (essentially, the system whereby a check written on one bank causes an increase in the payee's account in another bank), providing standby (back-up) credit, and buying and selling Treasury securities and other ultra-safe securities. Banks are either local or have local branches, so that they can engage in "relationship" lending--lending based on knowledge of the creditworthiness of particular borrowers, especially individuals and small business. (Big business has other methods of financing besides commercial banks, such as the issuance of bonds or commercial paper, or by drawing on retained earnings.)</p>
<p>As Volcker recognizes, commercial banks, although they no longer account for more than about 20 percent of all lending,&nbsp;play an essential role in meeting the credit needs, especially (by virtue of their ability to engage in relationship banking) of individuals and small businesses, and also by virtue of administering the payments system and providing back-up credit to issuers of commercial paper and other big-business borrowers. Furthermore, they play an essential role in the Federal Reserve's management of the money supply and control of interest rates, because the Fed in normal times varies the money supply by buying Treasury securities from commercial banks or selling Treasury securities to them. (In the first type of transaction, the Fed increases the amount of money in bank balances and in the second, it reduces the supply of money by retiring the money that it receives in the sale.) This makes it easy for the Fed to increase the banks' liquidity, and thus the availability of credit, in the event of an economic downturn. But this will not work if the banks are insolvent.</p>
<p>Volcker's idea is that if the commercial banking system as a whole is insulated from threat of insolvency, even a wave of bankruptcies of other lenders will not have disastrous effects on the financial system and hence the larger economy. The commercial banks will be the sturdy spine of the finance system, which (with the aid of the Fed) will step up its lending if other parts of the financial system, such as the "shadow banks" (financial firms that provide close substitutes for conventional bank services), fail. Federal deposit insurance is already a big step in this direction, because it reduces the likelihood of a run on a bank. The fact that bank regulators have very broad discretionary powers over banks and can close a bank down if they think it likely to go broke, without waiting for actual insolvency, are additional safeguards. But if the bank is simultaneously engaged in high-risk financial activities, such as originating mortgage-backed securities or engaging in speculative trading with its own capital, the conventional safeguards won't be effective; the banks may still go broke<em> en masse</em>.</p>
<p>That's the thrust of the Volcker Plan, though the version just embraced by the administration is somewhat more limited. The plan (in the form in which I think Volcker himself envisions it)&nbsp;has a lot to commend it, but it has three big drawbacks, which need to be addressed. <br /></p><p>The first is that limiting the services that commercial banks can provide is apt to result in a continued shrinkage of commercial banking relative to other finance, possibly to a point at which commercial banking is no longer a large enough industry to constitute the spine of the financial system.</p>
<p>The second and related point is that the commercial banking industry probably is not large enough to fill the hole created by a collapse of the shadow-banking industry. It was the <a href="http://business.timesonline.co.uk/tol/business/industry_sectors/banking_and_finance/article4761892.ece?print=yes&amp;randnum=1221515203517">collapse of Lehman Brothers</a>, which was not a commercial bank, that precipitated the most acute phase of the financial crisis of 2008. So the shadow banks need tighter regulation. Whoever regulates the shadow banks (at present, regulation is divided among the Federal Reserve, because the main shadow banks have either been converted to bank holding companies or acquired by banks, the Securities and Exchange Commission, and the state insurance commissioners), however,&nbsp;is likely to be in continuous dispute with the commercial-banking regulatory authority or authorities. The commercial banks will want the shadow banks reined in as tightly as they (the commercial banks), and the shadow banks will resist.</p>
<p>The third problem is the sheer complexity of the giant multiservice banks and the difficulty of carving them up by removing the parts that do not engage in traditional commercial banking.</p>
<p>A possible fourth problem is that there may be significant economies of scope in the combination of differential financial services with commercial banking. But I emphasize "may be;" I don't think there's good evidence one way or another. This uncertainty is a compelling reason for a very careful, nonpolitical study of the Volcker Plan, rather than a rush to adopt and implement it.&nbsp;The sharply negative reaction of the stock market to the announcement of the plan would ordinarily hold little significance. But now that common stocks are a big part of people's wealth (whether in the form of direct ownership of shares or indirectly through pension plans, college-savings plans, and other investment vehicles), any&nbsp;drop in the stock market reduces people's assets, making them reluctant to spend; and any curtailment of spending slows the pace of economic recovery. There is a social value, therefore, to "reassuring" the stock market that any restructuring of the banking industry will proceed in a deliberate and thoughtful manner (as undoubtedly intended by Volcker), rather than in a spirit of vengeance against "Wall Street."</p>]]>
        
    </content>
</entry>

<entry>
    <title>Bernanke, Angelides, and the Bank Tax: Part II</title>
    <link rel="alternate" type="text/html" href="http://correspondents.theatlantic.com/richard_posner/2010/01/bernanke_angelides_and_the_bank_tax_ii.php" />
    <id>tag:correspondents.theatlantic.com,2010:/richard_posner//21.33901</id>

    <published>2010-01-21T04:56:05Z</published>
    <updated>2010-01-21T14:18:26Z</updated>

    <summary><![CDATA[The big news of the day&nbsp;is the president's apparent embrace of Paul Volcker's proposal to "restore Glass-Steagall," which is short-hand for confining commercial banks to traditional commercial banking activities, and specifically bar them from trading on their own account. I...]]></summary>
    <author>
        <name>Richard A. Posner</name>
        <uri>http://www.hup.harvard.edu/catalog/POSFAI.html</uri>
    </author>
    
    
    <content type="html" xml:lang="en-US" xml:base="http://correspondents.theatlantic.com/richard_posner/">
        <![CDATA[<p><a href="http://correspondents.theatlantic.com/richard_posner/citigroup%20-%20timothy%20a.%20clark%20afp%20getty.jpg"><img alt="citigroup - timothy a. clark afp getty.jpg" src="http://correspondents.theatlantic.com/richard_posner/assets_c/2010/01/citigroup%20-%20timothy%20a.%20clark%20afp%20getty-thumb-600x300-20659.jpg" class="mt-image-left" style="margin: 0pt 20px 20px 0pt; float: left;" width="600" height="300" /></a></p><p>The big news of the day&nbsp;is the president's apparent embrace of Paul Volcker's proposal to "restore Glass-Steagall," which is short-hand for confining commercial banks to traditional commercial banking activities, and specifically bar them from trading on their own account. I do not know how serious the proposal is or what support it will garner in Congress; maybe it's just an attempt to change the subject from health care in light of the result of the Massachusetts senatorial election. In my new book I argue that Volcker's proposal deserves serious consideration--which is not to say that it is the solution, but that it may be. <br /></p>
<p>I will return to this issue in future post. For now I want to link Bernanke's self-defense, the subject of my last post, to the Angelides investigation and the proposed bank tax. <br /></p>
<p>By refusing to acknowledge a role for the Fed's monetary policy in the financial crisis, and by acknowledging only in a perfunctory and backhanded manner the regulatory laxity that also played a key role, Bernanke feeds the theory that&nbsp;"greedy reckless" bankers caused the crisis. That theory is also likely to emerge from the investigation being conducted by the Financial Crisis Inquiry Commission, headed by Phil Angelides. Its first public hearing was in the style of congressional investigatory hearings, designed to humiliate designated culprits called as witnesses. The first witnesses were the heads of the major banks--not Bernanke, Geithner, Rubin, Greenspan, and other contributors to the crisis. The order of witnesses suggests a preconceived judgment that the bankers are to blame. <br /></p>
<p>There is a political problem with blaming the banks, however, and that is that the Treasury and Bernanke have invested hundreds of billions of federal dollars in the banks, that the new administration is thoroughly complicit in these policies, and that Bernanke by continuing to keep interest rates very low (albeit with greater justification than in the early 2000s) has enabled some of the banks to reap huge profits. As I mentioned in my last post, borrowing at low interest rates is no fun if you can only lend at those rates. But there are always opportunities for risky loans or other risky investments, and when there is an implicit government guarantee against a company's failing the company can borrow at very low interest rates even though it is making risky investments, because its lenders feel secure by virtue of the government guarantee. So it faces a steep "yield curve" (the upward-sloping curve that relates the maturity of a loan to the interest rate--the longer the maturity, or the greater of some other risk factor, the higher the rate) and can make a lot of money. <br /></p>
<p>The government's policy toward the banks may well be sound in the present economic conditions. The banks took a big hit in 2008 and continue to carry a lot of bad loans. Government policy has enabled them not only to survive but, in many cases, to thrive. It has not, however, stimulated enough lending to power a vigorous economic recovery. The banks are hoarding huge cash reserves, partly because their balance sheets remain impaired, partly because loan demand is down because there is little appetite for private investment. But if the government were not lending a helping hand, the banks would be lending even less and the economic recovery would be even slower. <br /></p>
<p>The government has failed to explain to the public (it would doubtless be difficult to explain) how its largesse toward the banks and the profits that that largesse has enabled have served the public interest. Instead, the government is busy denouncing the bankers as "fat cats." If they are fat cats, why has the government been stuffing them with money? <br /></p>
<p>That is a hard circle to square. The proposed bank tax is an attempt. Absurdly named the Financial Crisis Responsibility Fee in order to underscore its punitive character, it is a small tax on large banks' borrowed capital (other than deposits). It would yield about $10 billion a year and is due to last until the Treasury recovers the $117 billion that it is believed it will lose as a result of the bank bailouts. The fee has no regulatory rationale; it is too small to affect the banks' behavior significantly. It is merely a hostile gesture. <br /></p>
<p>The harder the government comes down on the banks, the more they will be inclined to hunker down, to hoard (which is what firms and individuals alike do when they face a hostile and uncertain economic environment), and to shift attention from running their firms to dealing with their public image and political vulnerabilities.&nbsp;</p><p><i>Photo credit: Timothy A. Clark/AFP-Getty Images</i></p>]]>
        
    </content>
</entry>

<entry>
    <title>Bernanke, Angelides, and the Bank Tax: Part I</title>
    <link rel="alternate" type="text/html" href="http://correspondents.theatlantic.com/richard_posner/2010/01/bernanke_angelides_and_the_bank_tax.php" />
    <id>tag:correspondents.theatlantic.com,2010:/richard_posner//21.33699</id>

    <published>2010-01-18T20:48:59Z</published>
    <updated>2010-01-19T14:45:07Z</updated>

    <summary>On January 3, Fed chairman Ben Bernanke gave a long speech entitled &quot;Monetary Policy and the Housing Bubble,&quot; in which he argued that the Fed&apos;s low interest rate policy in the early 2000s, which he supported, was not a significant...</summary>
    <author>
        <name>Richard A. Posner</name>
        <uri>http://www.hup.harvard.edu/catalog/POSFAI.html</uri>
    </author>
    
    
    <content type="html" xml:lang="en-US" xml:base="http://correspondents.theatlantic.com/richard_posner/">
        <![CDATA[<p><a href="http://correspondents.theatlantic.com/richard_posner/Bernanke%20-%20Win%20McNamee.jpg"><img alt="Bernanke - Win McNamee.jpg" src="http://correspondents.theatlantic.com/richard_posner/assets_c/2010/01/Bernanke%20-%20Win%20McNamee-thumb-600x350-20561.jpg" class="mt-image-left" style="margin: 0pt 20px 20px 0pt; float: left;" width="600" height="350" /></a></p><p>On January 3, Fed chairman Ben Bernanke gave a long speech entitled "Monetary Policy and the Housing Bubble," in which he argued that the Fed's low interest rate policy in the early 2000s, which he supported, was not a significant factor in the housing bubble and resultant financial collapse. His arguments are unsound, self-serving, and harmful to economic recovery and financial regulatory reform.</p>
<p>John Taylor, in an op-ed in <i>The</i> <em>Wall Street Journal </em>on January 11, notes a number of the errors in the speech. Other errors have been pointed out in economists' blogs. The basic argument that Bernanke makes is that forecasted inflation at the outset of the 2000s was so low that pushing the federal funds rate way down (in fact, into negative territory in real--that is, inflation-adjusted--terms) was a prudent measure for stimulating the economy. And, Bernanke adds, although reducing the federal funds rate did lead to an increase in mortgage rates (even though the federal funds rate is short term and the mortgage rates long term at least in traditional 30-year fixed-payment mortgages, as distinct from the adjustable-rate mortgages that became popular during this period), the increase was too small to explain the extraordinary increase in housing prices. (So at least Bernanke acknowledges a link between short-run and long-run interest rates; his even more defensive predecessor as chairman of the Fed, Alan Greenspan, does not.)</p>
<p>The Fed's forecast was inaccurate (Taylor points out that private forecasts contradicted it). But accurate or inaccurate, the result was a huge increase in investment in housing, which pushed up housing prices. The increase in prices was inflationary. Negative interest rates are likely to cause inflation by flooding the economy with money, raising the ratio of money to output. The Fed was fooled because the flood of money, rather than creating a large surge in the consumer price index (in part because cheap foreign imports kept prices of most goods down), created asset-price inflation--and the principal asset inflated was housing. The Fed wasn't looking for asset-price inflation, and didn't see it.</p>
<p>Housing is a product bought primarily with debt (a long-term mortgage for between 80 and 100 percent of the market value of the house), so a fall in interest rates pushes up housing prices by increasing the demand for housing. It also leads to a reduction in mortgage standards, because when housing prices are rising, defaults decline, making risky mortgages less risky. In addition, very low interest rates stimulate lenders to make risky loans in order&nbsp;to maximize yield; hence house financing increasingly took the form of subprime mortgage lending. (When interest rates are very low, low-risk loans are not very profitable, and it is attractive to increase yield by making riskier loans.)</p>
<p>A housing bubble is extremely dangerous, as the Japanese learned in the 1990s. Mortgage debt is enormous, and entangles the banking industry deeply&nbsp;in the housing industry. Not all housing bubbles trigger collapses of the banking industry, of course, but a competent central bank would be alert to warning signals of a possible housing bubble. The Federal Reserve, first under Greenspan, then under Bernanke, was not alert; it was asleep.</p>
<p>Bernanke's claim that abnormally low interest rates cannot explain the entire increase in housing prices suggests a misunderstanding of the bubble phenomenon. A bubble is a <em>self-sustaining </em>increase in asset prices. People see prices rising, assume they will continue rising at least for a time, and jump on the bandwagon. An external stimulus, such as a continuing drop in mortgage interest rates, is not required to keep the bubble expanding. Bernanke acknowledges that "for a time, rising house prices became a self-fulfilling prophecy," but he argues that what got the bubble started was not low interest rates but&nbsp;the deterioration in lending standards. He does not acknowledge the possibility that low interest rates accelerated an existing trend to higher house prices, that&nbsp;rising&nbsp;house prices by reducing defaults led to riskier lending, that the search for yield in an environment of low interest rates also contributed to the increase in risky lending, and that these&nbsp;factors--all stemming from too-low interest rates generated by unsound monetary policy--were, in combination,&nbsp;responsible for the bubble.</p>
<p>Bernanke exonerates monetary policy, and places blame instead on the lenders for risking lending, on the "global savings glut" (the increase in the U.S. monetary supply because of large purchases of Treasury securities by China and other countries that have large dollar reserves because they export much more than they import), and on imperfect execution by bank regulators (including the Fed) of their authority to prevent risky lending. Higher interest rates that would have burst the housing bubble would also, he argues, have slowed economic activity in general, and better regulation of risky lending practices would not, and so his preferred combination would be very low interest rates with stricter regulation of banks (and other lenders). But stricter regulation of lending would have reduced the amount of credit available in the economy, which would have slowed economic activity. As for the availability of foreign capital, while it facilitated&nbsp;investment in housing, it did not disable the Fed from raising interest rates, as it finally did, to burst the bubble--after the bubble had become so large that its bursting was a disaster.</p>
<p>I am unclear why Bernanke is so defensive about monetary policy, while acknowledging (albeit very briefly) failures of regulation for which he also bears considerable responsibility.&nbsp;The regulatory failure, however, is shared with other regulatory agencies, such as the SEC. And the regulation of the money supply (and hence of interest rates) is the very core of the Fed's responsibilities; if it is incompetent at that task, it may require some profound overhaul.</p>
<p>Another regulatory failure goes unmentioned. Even if the Fed's monetary policy was not responsible for the bubble, the Fed should have been alert to the possibility of a bubble, and should have taken measures either to burst it before it got too large, or to insulate the banking industry from the consequences of a burst. The Fed--Greenspan's Fed, Bernanke's Fed--was asleep at the switch.</p>
<p>The timing and content of Bernanke's speech cannot be separated from his uncomfortable position of being up for confirmation by the Senate for a second term as chairman of the Fed. He bears, in my opinion, a&nbsp;considerable responsibility for the current dreadful state of the economy, not only by his lack of foresight concerning the housing bubble and his complicity in Greenspan's mismanagement of monetary policy, but in his failure to grasp the severity of the looming&nbsp;financial crisis even after Bear Stearns collapsed in March 2008. The result of that failure was that he was taken by surprise when the other financial ninepins fell in September&nbsp;and failed to grasp the importance of keeping Lehman Brothers from collapsing. He then regained his balance. But much damage to the economy had been done.</p>
<p>It is natural, especially while the Senate's determination whether to confirm him is pending, that Bernanke should avoid accepting blame for the economic mess we're in. But it has the bad effect of feeding the populist theory of the economic depression--that it was the work of greedy and reckless bankers. Of course it <em>was </em>the collapse of the banks that triggered the depression, and the collapse was the proximate result of decisions made by the bankers. But as I argue in my new book (in fact in both books), the bankers were doing what businessmen always do, which is to try to maximize profits within the framework of permissible profit-maximizing conduct created by government. Because government regulation of the money supply and of lending practices was defective, the bankers' pursuit of profit maximization led the economy over the brink. If the framework is not reformed, we are at risk of experiencing a future financial crisis of equivalent severity to this one. Bank taxes and limitations on bankers' compensation may assuage the public anger stirred up by a populist theory endorsed by government officials, but they will not prevent future crises.</p><p><i>Photo credit: Win McNamee</i>/<i>Getty Images </i><br /></p>]]>
        
    </content>
</entry>

<entry>
    <title>I&apos;m Back Blogging about the Economic Situation</title>
    <link rel="alternate" type="text/html" href="http://correspondents.theatlantic.com/richard_posner/2010/01/im_back_blogging_about_the_economic_situation.php" />
    <id>tag:correspondents.theatlantic.com,2010:/richard_posner//21.33676</id>

    <published>2010-01-17T23:02:24Z</published>
    <updated>2010-01-18T06:50:26Z</updated>

    <summary>I interrupted my blogging at this site on October 23. There were two reasons, closely related. The first is that I needed the time to finish my new book on the economic situation. It is entitled &quot;The Crisis of Capitalist...</summary>
    <author>
        <name>Richard A. Posner</name>
        <uri>http://www.hup.harvard.edu/catalog/POSFAI.html</uri>
    </author>
    
    
    <content type="html" xml:lang="en-US" xml:base="http://correspondents.theatlantic.com/richard_posner/">
        <![CDATA[<p>I interrupted my blogging at this site on October 23. There were two reasons, closely related. The first is that I needed the time to finish my new book on the economic situation. It is entitled "The Crisis of Capitalist Democracy" and will be published by the Harvard University Press in March. The second is that there would be too much overlap between blog and book.</p>
<p>Now that the book is completed, I can resume blogging, and will post my first new entry tomorrow.</p>
<p>Let me say something about my new book. It is twice as long as "A Failure of Capitalism: The Crisis of '08 and the Descent into Depression," which was completed at the beginning of last February and published in April. The new book both goes in greater depth into issues discussed in the last book and covers much new ground. More is understood now about the causes and the course of the financial crisis that crested in September 2008 and precipitated a sharp general decline of the economy as a whole both here and abroad. The issue of causality is central to the reappointment of Bernanke as chairman of the Federal Reserve, to the rising wave of banker bashing, to the just-begun investigation by the Financial Crisis Inquiry Commission, and to pending and proposed legislation (most recently&nbsp;the proposal to impose a&nbsp;"Financial Crisis Responsibility Fee" on the largest banks). I am in sharp disagreement with the populist theory, embraced by the Administration, that the principal blame for the financial crisis should be assigned to "fat cat bankers." Bigger culprits, in my opinion, are unsound monetary policy and lax banking regulation, with an assist from the economics profession.</p>
<p>In addition to exploring the causes of the crisis in greater depth than in my earlier book, the new book brings the story of the crisis up to date by examining in detail the relevant developments, both economic and political (and they can't be separated) since the inauguration of President Obama. This is a story of ambitious recovery measures, of mixed success, and of ambitious governmental&nbsp;proposals of dubious merit for preventing a recurrence of the conditions that resulted in the financial collapse. I emphasize in the book that although the economy is beginning to recover from the depths of the current depression (as I insist our economic situation should be called), the immense costs that have been incurred to fight the depression, the lost tax revenues, and the Administration's ambitious long-term social programs, all&nbsp;taken together, have deepened the concerns that&nbsp;I expressed in the earlier book about the nation's economic future.</p>
<p>I had thought when I agreed with my publisher on a deadline for the new book that by the end of 2009 the shape of recovery would be clear. It is not. We simply cannot respomsibly gauge the pace of the recovery. Nor is it even clear whether we are better off with a fast recovery or a slow one. A fast recovery could create an acute risk of dangerously high inflation. A slow recovery could greatly increase the size of the federal deficit, threatening all sorts of economic and political harms, with eventual unacceptable inflation only one of them. I am particularly concerned with the danger of social and political turmoil if high unemployment and related economic pathologies persist.</p>
<p>We are now in the third year of a depression. The economic crisis continues to occupy center stage despite all the other news assailing us. Tomorrow I will blog about developments so recent that I could not include them in the new book.</p>
<p>&nbsp;</p>]]>
        
    </content>
</entry>

<entry>
    <title>Break Up the Big Banks?</title>
    <link rel="alternate" type="text/html" href="http://correspondents.theatlantic.com/richard_posner/2009/10/break_up_the_big_banks.php" />
    <id>tag:correspondents.theatlantic.com,2009:/richard_posner//21.29009</id>

    <published>2009-10-24T01:25:11Z</published>
    <updated>2009-10-25T03:44:17Z</updated>

    <summary>Paul Volcker has suggested, as has Mervyn King, the Governor of the Bank of England (the U.K.&apos;s version of the Federal Reserve), along the lines of the Public Utilities Holding Company Act or the Glass-Steagall Act, both passed in the...</summary>
    <author>
        <name>Richard A. Posner</name>
        <uri>http://www.hup.harvard.edu/catalog/POSFAI.html</uri>
    </author>
    
    
    <content type="html" xml:lang="en-US" xml:base="http://correspondents.theatlantic.com/richard_posner/">
        <![CDATA[<a href="http://correspondents.theatlantic.com/richard_posner/71586.jpg"><img alt="71586.jpg" src="http://correspondents.theatlantic.com/richard_posner/assets_c/2009/10/71586-thumb-590x389-17564.jpg" class="mt-image-center" style="margin: 0pt auto 20px; text-align: center; display: block;" height="389" width="590" /></a>Paul Volcker has suggested, as has Mervyn King, the Governor of the Bank of England (the U.K.'s version of the Federal Reserve), along the lines of the Public Utilities Holding Company Act or the Glass-Steagall Act, both passed in the 1930s and since repealed, that commercial&nbsp;banking (including lending by&nbsp;thrifts, and probably by money-market mutual funds as well) be separated from proprietary trading and other high-risk financial activities.<br /><br />The reasons are several. One of course is the contagion of the kind that brought down Lehman Brothers; unless risky and safe activities are conducted in strictly separate subsidiaries--which is difficult to do without sacrificing whatever benefits flow from having both types of activity in the same enterprise--the assets involved in the safe activities will be available to the creditors of the risky activities. Not that banking can ever be completely safe, given that its essence is borrowing short and lending long, but it can be made much safer than it is.<br /><br />Another reason for separating out commercial banking besides the contagion effect is the awkwardness of trying to merge disparate business cultures in a single firm. The combination is likely to be unstable if the different cultures have different risk profiles. A safe, conservative banking operation will attract a different type of executive from a speculative trading operation. The banker will be more cautious and, because of the positive correlation between risk and return, will be differently--and less munificently--rewarded. The greater profitability and more generous remuneration of the traders will nudge the bankers (or induce top management to pressure them)&nbsp;to increase the profitability of their own operations, which will require their taking greater risks. Thus the separation of commercial banking from other financial activities would automatically solve the problem for which limiting the amount or structure of compensation of financial executives is proposed as the solution. A career in a "safe" bank would not draw persons with a taste for risk.<br /><br />There would be additional, and even greater, benefits to making commercial banking safe by forcing banks to divest their risky, nontraditional banking activities and thus creating a dike against inundation from a collapse of other parts of the financial system. Although nowadays commercial banks supply less than a quarter&nbsp;of the total amount of credit in the United States,&nbsp;they play a unique role. They provide essential financing for small- and medium-sized businesses (what is called "external finance")--businesses too small to meet their own financing needs out of retained earnings or by issuing bonds or commercial paper, or to be attractive to a lender that does not have an established relationship with the borrower which would enable the lender to evaluate the borrower's creditworthiness. If a bank fails, though other lenders remain, borrowers from the bank may find it difficult to establish the kind of personal relationship with a new lender that would reassure the lender that the borrower was creditworthy.<br /><br />Relationship banking declined during the current depression not only because of fear of default and a fall off in demand for loans, but also because the relationships that sustain relationship banking had withered in banks that had embraced the new model of originating and purchasing securitized debt. Creating securitized debt for a fee, or buying securitized debt, involves no relationship with the debtor. (This is&nbsp;an argument for limiting securitization by commercial banks.)<br /><br />Banks also provide standby lines of credit&nbsp;that provide emergency funding when other sources of credit fail, as happened when the commercial-paper market froze in the wake of the collapse of Lehman Brothers and the near insolvency of other broker-dealers that had been intermediaries in that market. (Issuers of commercial paper normally have standby lines of credit from commercial banks, should the usual purchasers of their paper defect, as Lehman did.) Banks thus back up the riskier lenders.<br /><br />And they are the normal conduit by which the Federal Reserve pumps cash into the financial system in order to increase the amount of lending, whether by lending money to banks directly or more commonly by buying short-term Treasury securities from them (or lending money to the banks, taking the securities as collateral, by means of repossession agreements), thus increasing their lendable cash. (Put differently, the commercial banks are the instruments by which the Fed regulates the money supply--in normal times, at any rate.) It is easier for the Fed to recapitalize a bank than to recapitalize other types of financial institution. And the Federal Deposit Insurance Corporation has authority and expertise that enables it to close a failing bank and transfer its assets to another bank with minimal disruption of its business.<br /><br />Were commercial banks forbidden to affiliate with other entities, the danger of a financial crisis that would engulf the commercial banking sector would be minimized. Even when a nationwide housing bubble bursts and mortgages are a significant component of the asset portfolios of most banks, with the result that the capital of most banks is impaired, the Fed can prevent their collapse by pumping cash into them. In fact the primary victims of the banking collapse of September 2008 were not commercial banks but other financial intermediaries. <br /><br />Part of the reason is federal deposit insurance, which protected most commercial banks from the runs that brought down Bear Stearns and Lehman Brothers and would have brought down Merrill Lynch, Morgan Stanley, and Goldman Sachs within days of Lehman's collapse had the government not intervened by arranging the sale of Merrill to the Bank of America and the conversion of the other two firms to bank holding companies, which placed them under the Federal Reserve's regulatory authority and thus gave them access to the "discount window"--which just means, made it easy for them to borrow money from the Fed. This option reassured investors and stopped the run that was threatening to deprive the firms of the short-term capital that they needed in order to continue in business.<br /><br />With the commercial-bank industry sealed off from other financial intermediation, the Federal Reserve's independence would be protected. It would, as it did until the financial crisis of 2008, be operating solely within the orbit of commercial banking--quietly regulating commercial banks and moving interest rates up and down by esoteric means (how many people know what "open market operations" are?). The Fed would not be making life and death decisions regarding the huge Wall Street firms, as when it refused to provide financial CPR to Lehman Brothers--firms that whether called banks or bank holding companies or something else are engaged primarily in speculation rather than in banking in the sense described above. There is nothing evil about speculation, as ignorant people think, but it can create macroeconomic risk, and that is a powerful reason for separating it from commercial banking.<br /><br />That would leave the question of what to do with those shadow banks. Stripped of their connection to commercial banking, they would again fall under the regulatory aegis of the SEC, which is notable for a lack of expertise and even interest in macroeconomic risk. The simple answer would be to create a new division in the SEC that would be responsible for macroeconomic risk regulation of firms regulated by the commission. There is time to form such a division and bring it up to speed, since the major shadow banks, as a result of the convulsions of 2008, are no longer regulated by the SEC; apart from Lehman, which was liquidated, they were either bought by commercial banks or converted to bank holding companies, and in either case are now regulated by the Fed and other bank regulatory agencies.<br /><br />Money-market funds are a type of mutual fund, regulated by the SEC,&nbsp;that provide checkable accounts that pay higher interest than demand-deposit accounts in commercial banks. They earn the interest out of which&nbsp;they pay interest to their account holders by investing in commercial paper and other short-term securities. After a run on money-market funds&nbsp;began following the collapse of Lehman Brothers, in whose commercial paper some of the funds were heavily invested, the federal government provided temporary insurance of the accounts. Money-market funds, like thrifts (mortgage banks), are so similar to commercial banks that all three types of financial institution probably should be regulated on the same principles, emphasizing safety and therefore separation&nbsp;from other types of financial institution.&nbsp;Separation would eliminate the need for a "systemic-risk regulator." Commercial banks would not be a source of such risk; the sources would be under the regulatory aegis of the SEC.<br /><br />I said that the separation of commercial banking from other financial intermediation should be considered--not that it should be ordered forthwith. It would be a formidable undertaking, fiercely opposed; and the argument that separation would sacrifice significant economies of scale and scope, while unsubstantiated and rather implausible (think of Citigroup and Bank of America, whose travails seem to have been amplified rather than diminished by the scope of these banks' activities), would have to be carefully appraised.<br /><br />Merely reenacting the Glass-Steagall Act (and repealing the statute that repealed it)--the New Deal statute that separated commercial from investment banking--would not avoid the complexities involved in divestiture. As explained by Robert Pozen ("Stop Pining for Glass-Steagall," Forbes, Oct. 5, 2009, www.forbes.com/forbes/2009/1005/opinions-glass-steagall-on-my-mind.html (visited Oct. 13, 2009)), "Even under Glass-Steagall commercial banks could invest in bonds, manage mutual funds, execute securities trades on the order of their customers and underwrite government-related securities. The main thing they couldn't do was underwrite corporate stocks and bonds...The main impact of repealing Glass-Steagall was to allow banking organizations to become more active in underwriting." So a greater rollback of financial deregulation than merely re-enacting the Glass-Steagall Act would be necessary for a clean separation of commercial banking from other financial intermediation. (Greater, but in one respect lesser, as there is no good reason to forbid commercial banks from underwriting securities issues, a central prohibition in Glass-Steagall.)<br /><br />Such a rollback is conceivable, if barely, but there is a further hitch, as Pozen goes on to explain in the piece that I quoted from: "The repeal of Glass-Steagall facilitated the rescue of four large investment banks and thereby helped reduce the severity of the financial crisis. When Bear Stearns and Merrill Lynch got into serious trouble, they were promptly acquired with federal assistance by JPMorgan Chase and Bank of America, respectively. These rescues happened only because banks could own full-service broker-dealers. When Goldman Sachs and Morgan Stanley were challenged to find adequate short-term funding, they were allowed to quickly convert from broker-dealers into bank holding companies. Banks have a significant advantage over broker-dealers in obtaining short-term financing in illiquid markets. <br /><br />A bank can rely on insured deposits and Fed loans as well as short-term financing in the form of commercial paper. Commercial paper buyers are a fickle bunch. Bank depositors are more stable retail customers." All true; but the Federal Reserve can lend to a firm that is not a commercial bank, even if the borrower has lousy collateral (Bernanke's argument that it cannot do this is not a persuasive interpretation of the Federal Reserve Act); it can also guarantee the borrower's debts. It is not obvious that these are inferior solutions in an economic emergency to forcing a merger with a bank.<br /><br />(Photo: Getty Images/Timothy A. Clary)<br />]]>
        
    </content>
</entry>

<entry>
    <title>The Goldman Sachs Bonuses: II</title>
    <link rel="alternate" type="text/html" href="http://correspondents.theatlantic.com/richard_posner/2009/10/the_goldman_sachs_bonuses_ii.php" />
    <id>tag:correspondents.theatlantic.com,2009:/richard_posner//21.28977</id>

    <published>2009-10-23T17:13:40Z</published>
    <updated>2009-10-23T19:23:53Z</updated>

    <summary>Here are two questions about the bonuses that I did not discuss in my blog yesterday: 1. Could the bonuses be compensating for the risks of a career in finance? 2. Shouldn&apos;t Goldman want to limit the bonuses paid its...</summary>
    <author>
        <name>Richard A. Posner</name>
        <uri>http://www.hup.harvard.edu/catalog/POSFAI.html</uri>
    </author>
    
    
    <content type="html" xml:lang="en-US" xml:base="http://correspondents.theatlantic.com/richard_posner/">
        <![CDATA[<p><img alt="79255.jpg" src="http://correspondents.theatlantic.com/richard_posner/79255.jpg" class="mt-image-center" style="margin: 0pt auto 20px; text-align: center; display: block;" height="381" width="590" />Here are two questions about the bonuses that I did not discuss in my blog yesterday:</p>
<p>1. Could the bonuses be compensating for the risks of a career in finance?</p>
<p>2. Shouldn't Goldman <em>want </em>to limit the bonuses paid its employees?</p>
<p>1. Consider actors' careers. A handful of actors have huge incomes. Most actors have such meager incomes that they abandon acting as a career. The lucky handful are like lottery winners. The only way you can motivate people to buy a lottery ticket is to have a big jackpot for the winner of the lottery. Similarly, the only way you can motivate people to attempt a career in acting is to provide a jackpot for the tiny handful of aspirants who succeed.</p>
<p>Could finance be the same? It is, after all, a risky business. The question is what happens to employees of Goldman Sachs or other financial firms if they engineer or approve a very risky deal, and the deal is a flop. Are they exiled from the industry? Do they end up as waiters? If so, the huge incomes of successful financiers would be justified as compensation for the risk of failure. My impression is that the failed traders, deal makers, etc., do not end up as waiters, or in other relatively impecunious jobs (I say "relatively" because waiters in elite restaurants are well paid by ordinary standards). Their training and experience equip them for a variety of good jobs in the financial industry. They can look forward to a soft landing, and therefore it is unlikely that the high incomes of the most successful financiers are compensation for the risk of failure.</p>
<p>It is true that anyone who is risk averse will seek compensation for taking risks, but the people who gravitate to risky occupations are unlikely to be risk averse. Put differently, as long as there is an ample supply of risk preferrers, an employer will not have to pay a premium based on risk aversion. And, as I have just suggested, the career risks in being a trader or deal maker for a major financial firms like Goldman Sachs are probably very small.</p>
<p>2. A "monopsony" is the converse of a monopoly. A monopolist reduces output in order to push price above the competitive level. A monopsonist reduces his purchase of an input in order to drive the price of the input below the competitive level. If a firm faces an upward-sloping supply curve--meaning that the more it buys, the higher the prices it must pay--then if it buys less, thus moving down the supply curve, it will pay lower prices for its inputs. Suppose the input in question is labor. If the relevant labor market is competitive, monopsony won't be feasible; workers offered a lower than market wage will quit and work elsewhere. But suppose all the firms in an industry conspire to reduce their hiring; then wages will fall because the affected workers will not have good alternatives.</p>
<p>So why don't financial firms welcome pay caps, or, in Goldman's case, since it isn't subject to the caps, voluntarily compress the compensation they pay? There are three answers. The first is that if the firm does so, its best employees will quit and work elsewhere. This is not as compelling an answer as it seems, since demand for financiers has fallen and, more important, because Goldman Sachs is regarded as the world's premier financial company and (therefore) immensely profitable, so it is unlikely to hemorrhage employees merely by cutting bonuses; and if it loses some, it should be able to replace them.</p>
<p>The second answer, which is related, is that without industry-wide pay caps, a reduction in wages is not an equilibrium; Goldman Sachs might be able to get away with limiting its employees' compensation in the short run, but in the long run it would lose superior employees to competitors. It might therefore flaunt its huge bonuses in the hope that this would power the movement for industry-wide pay caps.</p>
<p>But third (and a compelling reason for doubting that Goldman wants industry-wide pay caps), we know that the top managers of large corporations are not perfect agents of the shareholders--the nominal owners of the corporation. A pay cap might be in the interest of shareholders, but it would not be in the interest of the top managers, since it is they who would be subject to the cap, either alone or together with traders and other subordinate employees.</p><br /><p>(Photo: Getty Images/Mario Tama)<br /></p>]]>
        
    </content>
</entry>

<entry>
    <title>The Goldman Sachs Bonuses</title>
    <link rel="alternate" type="text/html" href="http://correspondents.theatlantic.com/richard_posner/2009/10/the_goldman_sachs_bonuses.php" />
    <id>tag:correspondents.theatlantic.com,2009:/richard_posner//21.28930</id>

    <published>2009-10-23T02:16:12Z</published>
    <updated>2009-10-23T15:35:49Z</updated>

    <summary>I have been terribly neglectful of my blogging duties! I haven&apos;t blogged for almost a month. Judicial work, some travel, and work on a new book -- a follow-up to A Failure of Capitalism -- has distracted me. I will...</summary>
    <author>
        <name>Richard A. Posner</name>
        <uri>http://www.hup.harvard.edu/catalog/POSFAI.html</uri>
    </author>
    
    
    <content type="html" xml:lang="en-US" xml:base="http://correspondents.theatlantic.com/richard_posner/">
        <![CDATA[<a href="http://correspondents.theatlantic.com/richard_posner/Goldman%20-%20Chris%20Hondros.jpg"><img alt="Goldman - Chris Hondros.jpg" src="http://correspondents.theatlantic.com/richard_posner/assets_c/2009/10/Goldman%20-%20Chris%20Hondros-thumb-590x451-17506.jpg" class="mt-image-center" style="margin: 0pt auto 20px; text-align: center; display: block;" height="451" width="590" /></a>I have been terribly neglectful of my blogging duties! I haven't blogged for almost a month. Judicial work, some travel, and work on a new book -- a follow-up to <em>A Failure of Capitalism</em> -- has distracted me. I will try to make amends.

<br /><br />Goldman Sachs, we learned earlier this month, may end up paying more than $20 billion in bonuses to its employees in 2009. The controversial bonuses that American Insurance Group (AIG)&nbsp;had wanted to pay had been intended to reward performance before the company collapsed, and most of the recipients appear to have had no involvement in the decisions that precipitated the collapse. <br /><br />The Goldman bonuses, in contrast,&nbsp;were intended to reward Goldman's employees for their outstanding performance during the economic crisis. The performance was made possible by the government's having bailed out Goldman in September 2008, when it is believed that, upon Lehman's declaring bankruptcy, Morgan Stanley was 24 hours away from following suit--and Goldman Sachs 72 hours. It was saved by receipt of bailout money and, more important, by being permitted to convert from a broker-dealer to a bank holding company. That entitled it to borrow from the Federal Reserve -- unlike Lehman Brothers, which was denied a Fed loan because it was a non-bank. That was not a sound basis for denying it a loan, but Goldman would have been in the same boat, had it not converted.<o:p></o:p>

<br /><br />So the argument goes: Without government aid then, no $20 billion-plus in bonuses for Goldman Sachs's employees in 2009? Maybe zero in bonuses, maybe indeed, no Goldman Sachs at all. Against that background, the bonuses seem egregious. It seems that the government drove a bad bargain when it bailed out Goldman, that it should have demanded a big chunk of Goldman's future profits. <br /><br />Against this, it can also be argued that a generous bailout was justified by the need to strengthen the banks so that they would lend. And I agree. It is true that the banks have not increased their lending by the amount of money that they received from the government, but had they not received it, they would be lending even less than they are.<o:p></o:p>
<br /><br />Goldman's 2009 profits -- the source of the bonuses -- are not from lending, however, but from proprietary trading. That is, it has been using its own capital for speculation: buying stocks and bonds, and selling stocks and bonds short, and engaging in other speculative maneuvers.<o:p></o:p>

<br /><br />There is nothing wrong with speculation, but its social value&nbsp;is not as great as&nbsp;the profits of successful speculators. The social value of speculation is its contribution to a more accurate valuation of assets, in this case of stocks and bonds. The contribution by an individual speculator, even one as large and expert as Goldman Sachs, must certainly be a great deal smaller than its profits. If Goldman Sachs makes $10 billion trading stocks and bonds, the individuals or firms on the other side of its transactions are $10 billion poorer. It is because the profits from successful trading so greatly exceed the social value of that trading that there is suspicion that too much IQ is being sucked into finance.<o:p></o:p><br /><br />In theory, stock prices discount expected corporate profits, and bond prices discount expectations regarding inflation, default risk, and other determinants of interest rates. But the swings, especially in stock prices, greatly exceed the swings in corporate profits. A great deal of the profits made and losses incurred in speculation in stocks do little or nothing to align stock prices more closely with the actual value of the assets of the companies whose stocks are traded. This is another reason to doubt that the profits of successful stock speculators are closely related to the information value of speculation.<o:p></o:p>

<br /><br />So the traders working for Goldman probably are "overpaid" in the sense that their incomes send a bad signal from an economic standpoint to the labor market. PhDs in physics are lured to Wall Street but would probably contribute more to economic welfare by using their scientific skills in business, government, or academia.<o:p></o:p>

<br /><br />The worst consequence of the Goldman bonuses, however,&nbsp;lies in the realm of politics rather than of economics narrowly construed. The degree of economic equality/inequality in a society is bounded: if incomes are made too equal, say by heavily redistributive tax and spending policies, incentives for innovation, enterprise, and hard work will dwindle and the wealth of the society decline, and these effects will put pressure on government to relax its egalitarian policies. <br /><br />But if incomes are allowed to become too unequal, because an absence of redistributive measures gives differences in skill and luck full rein to determine how poor or wealthy a person shall be, the resentments of the have-nots will create debilitating social tensions and political antagonisms that will exert pressure for redistributive measures. Neither extreme, therefore, is an equilibrium.<o:p></o:p><br /><br />The Goldman bonuses (if in fact they are paid) could become a symbol of excessive inequality in American society and a spur to equalizing measures. Their revelation has coincided with high and growing unemployment, underemployment and economic misery and anxiety in general. It looked as if the government had gratuitously enabled a handful of wealthy traders to become still wealthier at a time when much of the population had just become poorer and when the actual contribution of the traders to the welfare of the society was obscure, and perhaps slight in relation to the increment in their wealth. The news that Goldman planned to give $200 million to charity -- one percent of the bonuses -- recalls John D. Rockefeller handing out nickels and quarters to passersby.<o:p></o:p><br /><br />(Photo:<font face="Arial" size="2"> <span style="font-size: 10pt; font-family: Arial;">Chris Hondros/Getty Images</span></font>)]]>
        
    </content>
</entry>

<entry>
    <title>The Psychology of Stimulus</title>
    <link rel="alternate" type="text/html" href="http://correspondents.theatlantic.com/richard_posner/2009/09/the_psychology_of_stimulus.php" />
    <id>tag:correspondents.theatlantic.com,2009:/richard_posner//21.27334</id>

    <published>2009-09-27T21:56:55Z</published>
    <updated>2009-09-28T05:05:22Z</updated>

    <summary>Anyone who still thinks that stimulus expenditures in the second quarter of this year increased GDP or employment would do well to read John F. Cogan, John B. Taylor, and Volker Wieland, &quot;The Stimulus Didn&apos;t Work,&quot; in the September 17...</summary>
    <author>
        <name>Richard A. Posner</name>
        <uri>http://www.hup.harvard.edu/catalog/POSFAI.html</uri>
    </author>
    
    
    <content type="html" xml:lang="en-US" xml:base="http://correspondents.theatlantic.com/richard_posner/">
        <![CDATA[<p>Anyone who still thinks that stimulus <em>expenditures </em>in the second quarter of this year increased GDP or employment would do well to read John F. Cogan, John B. Taylor, and Volker Wieland, "The Stimulus Didn't Work," in the September 17 issue of the <em>Wall Street Journal</em>. They note that, consistent with theory, the transfer payments (the major component of the stimulus that was actually executed in the second quarter) appear not to have resulted in any measurable&nbsp;increase in personal consumption expenditures, as they constituted transitory income and therefore were largely saved; and that the modest stimulus spending on investment in that quarter probably had no effect. Rather, they attribute the reduction in the rate of decline of GDP in the second quarter to military spending unrelated to the stimulus and to a decline in the rate at which business investment was declining that began in January, before the enactment of the stimulus law in February.</p>
<p>Their argument, if understood as I think the authors intended it to be understood as a root-and-branch criticism of Keynesian deficit spending as an anti-depression weapon,&nbsp;is not as compelling as it may appear to be. The fact that personal consumption expenditures didn't increase after the stimulus program was enacted is inconclusive, because, had it not been for the transfers, they might have fallen (though as I have emphasized in previous blog entries the initial stimulus spending was so limited that it is doubtful that it could have had much effect on consumer expenditures). The fact that the increase in military spending was unrelated to the stimulus <em>law </em>doesn't mean it wasn't an effective form of stimulus. And the fact that the rate of decline in&nbsp;business investment slowed in January may have been in anticipation of the stimulus, as it was certain by then that there would be a stimulus program.</p>
<p>The narrow criticism of the Administration's touting the successes of the stimulus program is that it emphasizes actual expenditures, which have been as yet (and certainly during the second quarter, when the rate of decline of GDP fell markedly) both modest and heavily weighted to transfers; and that criticism, which I have emphasized in my blog entries, I continue to believe&nbsp;is sound. The program may, however,&nbsp;still have had an important positive effect on business and consumer <em>psychology</em>. Economists both left and right systematically neglect the psychological dimensions of a depression, properly emphasized by Keynes.</p>
<p>An exception, however is Daniel Indiviglio, who is not an academic economist, and who in&nbsp;his <a href="http://business.theatlantic.com/2009/09/the_stimulus_didnt_work_--_or_did_it.php">blog entry</a>&nbsp;<a href="http://business.theatlantic.com/2009/09/the_stimulus_didnt_work_--_or_did_it.php"></a>argues that:</p><blockquote><p> "Perhaps knowing that the government was throwing $787 billion at the economy in order try to reduce the pain of the recession helped the sentiment of business as well. Maybe businesses decided that the economy can't possibly continue to suffer given such extraordinary government intervention, so built more plants, ordered more equipment and ramped up inventories in the hopes of imminent recovery built on that government action." <br /></p></blockquote><p>In the same vein, with regard to the transfer payments, he argues that the "money must be going somewhere, so where is it going? Maybe it's being used to pay down debt; maybe it's being used for investment; or maybe it's just being saved. I would argue that, though not consumption, those are still actions that ultimately help a stumbling economy get a little healthier. Having more money in your pocket certainly makes you feel better, and consumer sentiment matters a lot during a recession, even if that doesn't translate to immediate consumption. Maybe people would have saved even more and spent even less without the payments, for example."</p>
<p>Those are excellent points.</p>]]>
        
    </content>
</entry>

<entry>
    <title>Financial Regulatory Reform: The Politics of Denial</title>
    <link rel="alternate" type="text/html" href="http://correspondents.theatlantic.com/richard_posner/2009/09/stumbles_on_the_pitted_path_to_financial_regulatory_reform.php" />
    <id>tag:correspondents.theatlantic.com,2009:/richard_posner//21.26873</id>

    <published>2009-09-21T00:06:17Z</published>
    <updated>2009-09-21T14:48:40Z</updated>

    <summary>Two bad recent signs concerning the movement to reform financial regulation: The first is the first public meeting of the Financial Crisis Inquiry Commission, created by Congress four months ago to investigate the causes of the financial crisis and report...</summary>
    <author>
        <name>Richard A. Posner</name>
        <uri>http://www.hup.harvard.edu/catalog/POSFAI.html</uri>
    </author>
    
    
    <content type="html" xml:lang="en-US" xml:base="http://correspondents.theatlantic.com/richard_posner/">
        <![CDATA[<span class="mt-enclosure mt-enclosure-image" style="display: inline;"><a href="http://correspondents.theatlantic.com/richard_posner/3372323968_552de442b3.jpg"><img alt="3372323968_552de442b3.jpg" src="http://correspondents.theatlantic.com/richard_posner/assets_c/2009/09/3372323968_552de442b3-thumb-600x399-16148.jpg" class="mt-image-center" style="margin: 0pt auto 20px; text-align: center; display: block;" height="399" width="600" /></a></span><p>Two bad recent signs concerning the movement to reform financial regulation: The first is the first public meeting of the Financial Crisis Inquiry Commission, created by Congress four months ago to investigate the causes of the financial crisis and report back at the end of next year. The commission has gotten off to a slow start, and even though only one member of the commission could (I believe, though I am not certain, and welcome correction) be described as a professional economist (Keith Hennessey), and even he is more a political operative, the commission has appointed as its executive director not an economist but a lawyer--a prosecutor in the California attorney general's office. And at its first public meeting members of the commission made statements which suggest that they will divide along the predictable political lines (six of the members are Democrats, four Republicans).</p>
<p>One can hope; but it seems unlikely that the commission will do a good job. It will look for crooks and frauds rather than for underlying causes, unless an underlying cause can be pinned to the tail of the politically party to which the pinner does not belong.</p>
<p>Meanwhile the Administration and the Fed plow ahead with their own programs of regulatory reform, without waiting for the commission's report--which may indicate how the commission is regarded by the government's economic leaders. The latest proposal, this one from inside&nbsp;the Fed, is that the Fed should issue regulations empowering it to regulate the compensation practices of all banks that belong to the Federal Reserve System and thus are under the Fed's regulatory aegis--and not just the compensation of senior executives but of all bank executives. The proposal goes beyond the Treasury Department's June 17 white paper, which proposed regulation of compensation only of executives of "Tier 1 Financial Holding Companies," which is to say the handful of major banks and other major financial institutions whose failure might trigger a general collapse of the financial system. The Fed proposal is more ambitious--and highly dubious. Where will the Fed find staff for such regulatory oversight? What is the need to regulate the compensation practices of small banks? And given Lucian Bebchuk's sensible suggestion (about which I have blogged) that if senior executives are compelled to be compensated in ways that would penalize them&nbsp;if their company got into trouble and needed a bailout they will be motivated to prevent their subordinates from taking risks that might trigger such consequences, why does the Fed think it has to reach down and review the methods by which banks compensate traders, loan officers, and other non-senior executives? Why can't that be left to properly incentivized senior management?</p>
<p>It seems that the Fed, and the government more broadly (including Congress), is in the psychological state known as "denial." Or that it is behaving like the drunk who, criticized for looking for his lost change under a lamppost far from where he had dropped it, explained that he was looking for it there because the light was better. Congress, and much of the public and media, can understand the financial crisis only in populist terms, as the product of the machinations of greedy, reckless, overpaid, perhaps criminal denizens of "Wall Street." Systemic causes of the financial crisis,&nbsp;such as unsound monetary policy, deregulation, lax regulation, regulators asleep at the switch, unsound economic theories, complacency, quirks of the tax code, deficits, Chinese trade policy, mindless governmental promotion of home ownership, and so forth, are beyond them. The government is willing to play to the ignorant partly because in a democracy popular views must always be treated&nbsp;deferentially; partly&nbsp;because (in all likelihood) it doesn't think that the people, the Congress, and the media (except for the most sophisticated financial journalists) can understand a serious economic analysis; and partly because the populist account conveniently deflects attention from the failures in which the current economic leaders of the nation were complicit in the run up to the crisis--unsound trade policy, excessive financial deregulation, lax regulation, complacency, lack of foresight, lack&nbsp;of contingency planning.</p>
<p>Of course if the officials who screwed up <em>said </em>they'd screwed up, the people and the Congress would be reluctant to entrust them with responsibility for redesigning the regulatory system. So they must find scapegoats, and where better than on&nbsp;"Wall Street"? <br /></p><p>(Photo: Flickr User eflon)<br /></p>]]>
        
    </content>
</entry>

<entry>
    <title>The Politics of Taking Credit</title>
    <link rel="alternate" type="text/html" href="http://correspondents.theatlantic.com/richard_posner/2009/09/the_politics_of_taking_credit.php" />
    <id>tag:correspondents.theatlantic.com,2009:/richard_posner//21.26709</id>

    <published>2009-09-16T20:04:06Z</published>
    <updated>2009-09-17T02:49:51Z</updated>

    <summary>One can imagine, though with difficulty, an Administration spokesman explaining the nation&apos;s recent economic history as follows: &quot;Because of serious errors of monetary policy, excessive deregulation of the banking industry, a belief there would never be another depression, a failure...</summary>
    <author>
        <name>Richard A. Posner</name>
        <uri>http://www.hup.harvard.edu/catalog/POSFAI.html</uri>
    </author>
    
    
    <content type="html" xml:lang="en-US" xml:base="http://correspondents.theatlantic.com/richard_posner/">
        <![CDATA[<p>One can imagine, though with difficulty, an Administration spokesman explaining the nation's recent economic history as follows:</p>
<blockquote><p>"Because of serious errors of monetary policy, excessive deregulation of the banking industry, a belief there would never be another depression, a failure to understand the full significance of the bursting of the housing bubble, and mistakes in responding to the financial collapse of last September (such as allowing Lehman Brothers to collapse and thinking the banks' problem was one merely of liquidity, rather than of solvency) by the troika that managed U.S. economic policy in the final two years of the Bush presidency--Ben Bernanke, Timothy Geithner, and Hank Paulson--the economy took a disastrous dive.</p><p>"Still, by the end of October, the members of the&nbsp;troika had regained their composure and taken a series of measures that avoided a complete collapse of the banking industry and a liquidation of General Motors and Chrysler.</p><p>"When the new Administration took office in January, the troika remained in charge of economic policy&nbsp;but with the substitution of Lawrence Summers for Paulson. Economic policy since then has been largely continuous with the policy of the previous Administration, not surprisingly given the continuity of the economic leadership. The stress tests and other measures relating to the financial sector taken by the new Administration would undoubtedly have been undertaken by the previous&nbsp;one had its time in office not expired. Even a large stimulus program might well have been launched by the previous Administration, despite vociferous Republican opposition to the program when it was proposed by a Democratic President and Congress. That opposition reminds me of the dog who barks ferociously at passersby when he is behind a fence, but take away the fence and he quickly becomes quiet. When the stimulus program was proposed, the economy was in dire straits and the bank bailouts and related measures focused on the financial sector (such as pushing down the federal funds rate almost to zero) had not arrested the decline. And it's not as if the Bush Administration had been averse to spending and deficits.</p><p>"On the whole the measures taken by the two Administrations have probably contributed to the bottoming out of the economic downturn, though it is impossible to measure their impact relative to the&nbsp;impact of natural economic forces, such as the depletion of inventories, the modest expansion in exports, the wearing out of some durable goods, and falling prices, which have lured timid consumers out of their burrows. It is impossible to separate out the effects of the different recovery measures or determine which Administration did more to save the economy--a meaningless question since&nbsp;it is uncertain whether either Administration did anything important that the other would&nbsp;not have done."&nbsp;</p></blockquote>



<p>But this of course is not how politicians speak. President Obama in his speech of September 14 on the economic crisis acknowledged that "Congress and the previous administration took necessary action in the days and months that followed. Nevertheless, when this administration walked thorugh the door in January, the situation remained urgent." And so&nbsp;"this administration...moved quickly on all fronts, initializing a financial stability plan to rescue the system."&nbsp;(I assume "initializing" is a misprint for "initiating.") The implication is that, the previous&nbsp;Administration having failed to stop the rot, the new Administration had to move quickly to create a financial stability plan. In fact all the new Administration did, apart from the stimulus and an ambitious but not terribly successful mortgage-relief plan, was to continue the policies of the previous Administration.</p>
<p>The speech goes on to describe the recovery program, and while acknowledging that "the work of recovery continues" states that"we can be confident that the storms of the past two years are beginning to break." The implication is that they are beginning to break because of the Administration's recovery program, but actually they are beginning to break as the result of the natural recuperative strengths of the economy plus the combined efforts of successive administrations.</p>
<p>The speech then turns to the causes of the economic crisis, and naturally there is nothing there about failures of government policy, in which Bernanke and to a lesser extent Geithner and Summers&nbsp;were implicated. Such an acknowledgment would strike a discordant note, and not only because the President has announced that he is reappointing Bernanke as chairman of the Federal Reserve and because Geithner is his Secretary of the Treasury (not only held over, but promoted from his job as president of the Federal Reserve Bank of New York.) The Administration wants to enlarge the powers of the Fed, yet the Fed under Alan Greenspan was a major cause of the economic crisis because of its bubble-blowing monetary policy, and the Fed under Bernanke failed to detect or arrest the crisis until it was almost too late; acknowledgment of these errors would raise questions about the appropriateness of rewarding the Fed for its failures by giving it&nbsp;enhanced powers.</p>
<p>Blame has to fall somewhere so in the President's speech&nbsp;it falls on the "reckless behavior and unchecked excess at the heart of this crisis, where too many were motivated only by the appetite for quick kill and bloated bonuses. Those on Wall Street cannot resume taking risks without regard for consequences, and expect that next time, American taxpayers will be there to break their fall." But of course American taxpayers <em>will </em>be there next time&nbsp;to break their fall, because according to Bernanke the bank bailouts were necessary to avert a second Great Depression and will be necessary to do the same thing the next time we're in the same fix. And nobody in a position of authority on "Wall Street" takes risks without regard for consequences. The problem is that they do not have regard for consequences for the economy as a whole, because that is not the business of business. That is the business of government. But rich people are the natural scapegoats for economic distress.</p>
<p>The rest of the speech is a summary of the Administration's program of financial regulatory reform, announced in the Treasury report of June 17. One thing that is new, however,&nbsp;is a confusing discussion of "resolution" authority. The term refers to the streamlined bankruptcy process that the Federal Deposit Insurance Corporation uses on insolvent commercial banks and thrifts. The big "nonbank banks" like Lehman Brothers that got into such serious trouble last year were not commercial banks, so that when the government refused to save Lehman Brothers it had to declare bankruptcy. Since its assets were scattered all over the world, it found itself in separate bankruptcy proceedings in different countries, causing severe problems of coordination that have yet to be overcome.</p>
<p>That is a pity, but the suggestion in the speech that if only there had been authority to "resolve" the insolvency of the nonbank banks the taxpayer would have been spared having to bail them out doesn't make sense. Especially with regard to Lehman, because it received no taxpayer money. But it also doesn't make sense with regard to the nonbank banks that did receive bailouts. Broke is broke, whatever the mechanics of liquidation or reorganization; and if you don't want to have an insolvent banking system you have to bail out the broke banks. No one thinks bankruptcy a bad way to "resolve" a bankrupt auto manufacturer; the bankruptcies of GM and Chrysler were orderly and prompt--yet the government still poured in tens of billions of dollars to save them from liquidation.</p>
<p>Moreover, whatever changes we make in our procedures for winding up a bankrupt financial institution will not deprive foreign countries of control over the assets of such an institution that are located in foreign countries.</p>
<p>Another curious novelty in the speech (I think it's a novelty) is the suggestion that bonuses for senior executives should be subjected to a vote by the company's shareholders. What would that do? Probably the senior executives would substitute higher salary, more stock options, bigger severance packages, and other forms of compensation, for bonuses. And <em>that </em>would prevent the next financial crisis?</p>]]>
        
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<entry>
    <title>The Politics and the Economics of Stimulus</title>
    <link rel="alternate" type="text/html" href="http://correspondents.theatlantic.com/richard_posner/2009/09/the_politics_and_the_economics_of_the_787_billion_stimulus.php" />
    <id>tag:correspondents.theatlantic.com,2009:/richard_posner//21.24731</id>

    <published>2009-09-09T19:14:35Z</published>
    <updated>2009-09-16T00:13:10Z</updated>

    <summary> My lefty critics don&apos;t believe me when I say I support the stimulus. But I do, and I advocated it in my book A Failure of Capitalism, completed before the stimulus was enacted. I am a Keynesian, and I...</summary>
    <author>
        <name>Richard A. Posner</name>
        <uri>http://www.hup.harvard.edu/catalog/POSFAI.html</uri>
    </author>
    
    
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        <![CDATA[<span class="mt-enclosure mt-enclosure-image" style="DISPLAY: inline"><a href="http://correspondents.theatlantic.com/richard_posner/stimulus.JPG"><img class="mt-image-left" style="FLOAT: left; MARGIN: 0pt 20px 20px 0pt" height="360" alt="stimulus.JPG" src="http://correspondents.theatlantic.com/richard_posner/assets_c/2009/09/stimulus-thumb-410x377-15679.jpg" width="370" /></a></span>
<p>My lefty critics don't believe me when I say I support the stimulus. But I do, and I advocated it in my book <em>A Failure of Capitalism</em>, completed before the stimulus was enacted. I am a Keynesian, and I have sharply criticized conservative economists who oppose Keynesian deficit spending. I simply do not believe that it is possible to attribute the improvement in the economy to the actual spending of stimulus money through the end of the second quarter, because I believe the actual spending was small and that the significance of the stimulus program is more psychological than (as yet) economic.</p>
<p>I attribute Christina Romer's August&nbsp;6 speech, and Vice President Biden's speech of September 3 on the first 200 days of the stimulus program, to the political imperative of shorting up public support for the stimulus. Oddly, the program is unpopular, and not only among Republicans. The reason for its unpopularity I believe is the Administration's health care plan. The unfunded and probably unfundable cost of the plan has riveted public attention on the nation's huge deficits. $787 billion in deficit spending obviously adds a lot to the deficit. The stimulus program probably should have been adopted last fall rather than in February of this year, and expedited more vigorously than it has been. Romer has warned in her academic writing (which incidentally I admire) that Keynesian measures for spurring recovery from an economic downturn tend not to be implemented until the downturn has reached its bottom and thus they risk overheating the economy by adding public demand when private demand is again growing. This should worry Romer, although because of the continuing credit crunch, continued stimulus expenditures may not in fact overheat the economy. In the postwar recessions that she discusses (particularly in a 1994 article with David Romer in the <em>NBER Macroeconomics Annual</em>), fiscal recovery measures came on top of monetary measures, namely reducing interest rates. When a nation's banking system is in bad shape, monetary measures lose much of their efficacy. The Federal Reserve has pushed interest rates way down, without stimulating much lending. The economy may well have considerable slack for months or even years to come, in which event stimulus expenditures will not cause inflation.</p>
<p>My criticisms of Christina Romer's August 6 speech (most recently in my blog posting of August 25) continue to draw criticism, most recently (as far as I know) from the economist Menzie D. Chinn, in an August 27 posting on <em>Econbrowser</em>--an excellent blog. Professor Chinn makes a series of criticisms of my argument, starting with saying I have "given up on accusing Dr. Romer of lying about the $40 billion figure." The reference is to her estimate of the tax benefits authorized by the stimulus bill that were granted by the end of the second quarter of this year (June 30). I never accused her of lying about the figure; I do not even question the figure. My point was the difference between authorizing or disbursing money and spending it. No one seems to know how much of the $40 billion was actually received by taxpayers, as opposed to reducing their future tax payments; and of the amount actually received by them, no one seems to know how much they spent rather than saved. These distinctions have eluded Professor Chinn, though I had emphasized them in my August 25 blog posting--the target of his criticisms. He seems to think that it is possible that all the $40 billion took the form of rebates, but as far as I know none of it did. A rebate would be a check to the taxpayer, as distinct from a tax credit. Bush's spring 2008 stimulus package consisted entirely of tax rebates; the Obama stimulus does not.</p>
<p>Professor&nbsp;Chinn says that even if&nbsp;none of the $40 billion in tax relief was actually spent by recipients of the relief in the second quarter, the remaining $60 billion of Romer's&nbsp;"more than&nbsp;$100 billion" was ample to increase GDP that quarter by two percent. But that assumes that all of the $60 billion was spent, and no one seems to know how much was; Chinn assumes it all was, which is false. A neglected point is brought out in an article by Michael Cooper in the September 5 <em>New York Times</em>. The article points out that federal stimulus spending can be nullified by state cutbacks. For example, a federal grant of stimulus money for mass transit has been nullified by reductions in state expenditures on mass transit. The question then becomes what was the consequence of those reductions? Maybe they enabled a state to rescind a tax increase, in which event state taxpayers would have more money in their pockets. And then the questions would be: how long does this process take, and how much of the additional money do the taxpayers spend rather than save?</p><i><font style="FONT-SIZE: 0.8em">Photo Credit: Flickr User Tony the Misfit</font></i><br />]]>
        
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