I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that.I would like to inject an idea into the ongoing discussion over financial regulation, possibly as an element of regulatory reform.--Justice Potter Stewart, concurring opinion, Jacobellis v. Ohio, on pornography
One of the problems with regulating the financial system is that clever people with a motivation to make money will invent a truly vast array of means to do so, and tend to take a regulation against any given activity as a call for a detour rather than a barricade. What's that you say, derivatives can only be bought or sold by end users? Okay, I want to sell a derivative to this bank here, you're a farmer, Joe, listen, buy this security and sell it to him, here's a hundred bucks for your trouble. What's that you say, a farmer can't buy and sell the same security within six months? Okay, Joe, what you're gonna sell this bank is a different derivative with the same value, the two will cancel each other out for you.
As a dad might say to his son, if you're asking how hard a touch still counts as not hitting your sister, you're missing the point of the rule. I want you not to want to hit your sister.
In American jurisprudence there is a collection of ideas about the "reasonable observer," in part described by Justice Potter's quote above. It appeals simply to what would be obvious to an onlooker, regardless of technicalities. In our example above, it is clear to anyone that banks are selling one another derivatives, and Farmer Joe is a fig leaf. In this tradition I propose that something like the following item be instituted as part of financial regulatory reform:
Any instrument which would appear to a reasonable observer to be designed strictly or in substantial part with intent to circumvent prohibitions under this legislation, while remaining substantially similar in effect to an instrument otherwise prohibited under this legislation, will be regarded as in violation of the prohibitions so identified.Now, the reasonable observer standard has its flaws. When applied to social cases, such as discrimination or establishment clause cases, it can lead to majoritarianism. But that doesn't seem to be a likely concern here, where few if any social issues are of immediate concern in financial transactions. It's theoretically possible that an honest instrument might be designed which a jury or a judge could rule falls afoul of the legislation, particularly if a prosecutor was willing to overprosecute an edge case. But if an instrument is designed so as to avoid a problem that a regulation was implemented to avoid, such as a conflict of interest, then it would differ in that effect, enough hopefully for a set of human beings in the decisionmaking seats to realize this.
Finally, I should make it clear that I am in no way a lawyer. (Lawyers' commentary is eagerly sought.) I'm just one of the 99% who's sick of some of the game playing. Nor do I imagine that the above will be carved in stone and added to Senate Bill whatever -- if this notion in any way pushes reform in something like its intended direction I'll call this a productive effort. So, submitted for criticism and comment.
Fit Business Insider Co-Owner Pat Rigsby’s 40th Birthday Sale Ends Today - PRWeb
Elizabethtown, KY (PRWEB) May 27, 2012
Today is the last day for personal trainers to take advantage of a series of product sales being offered by Fit Business Insider in honor of its owner, Pat Rigsby’s, birthday. The products all seek to show personal trainers ways fitness businesses can grow.
“Has there ever been a better time to start or grow a fitness business? The answer, plainly, is no,” says Pat Rigsby, Co-Owner of Fit Business Insider’s parent company Fitness Consulting Group.
Rigsby is co-owner of numerous successful fitness businesses. With a background as a college athletic coach, Rigsby has worked for the past decade to help find ways for personal training businesses to capture a growing niche market.
“My life’s passion – what brings me more joy than anything else besides my family – is helping fitness professionals achieve their goals and see their dreams through,” Rigsby explains. “I know that not all personal trainers are born salesmen, so I take it upon myself to help them.”
To these ends, Rigsby has made over 10 of his company’s fitness business information products and fitness marketing tools available at steep discounts. These discounts include five $100 discounts on: Bootcamp Automator, Bootcamp Business Builder, Client Blitz, Fitness Business Blueprint, and Fitness Sales Formula.
In addition to these products, Fit Business Insider is offering a $50 discount on its Fitness Profit Formula and $40 discounts on both the Facility Formula and the Fitness Staffing Formula. Additionally, membership to the company’s Elite Training Mentorship Program is now available for $10 less per month.
Among all of these extensive discounts, the Bootcamp Blueprint stands out, being on sale for $200 off the original price.
These and other discounted products cover diverse aspects of running personal training businesses. Though some focus on niche markets like fitness bootcamps, others focus on more general things like how to staff a company and how to employ successful fitness marketing.
“As I turn 40, I realize how the greatest gift one can receive is to be able to make a difference in the lives of others,” Rigsby says.
Today is the last day to get these savings. For information on the full sale, visit: http://fitbusinessinsider.com/birthday-sale/.
About Pat Rigsby and Nick Berry: Pat Rigsby and Nick Berry are the co-owners of Fitness Consulting Group, a leading business development consulting firm within the fitness industry.
Fit Business Insider is part of the Fitness Consulting Group family of companies. It provides personal trainers, coaches, and fitness business owners around the world with business building programs, coaching, consulting, and resources.
To learn more about growing your fitness business, visit http://FitBusinessInsider.com.
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Risky business of running for US president - Gulf News
Washington: In the risky business of running for president, Barack Obama and Republican challenger Mitt Romney are largely playing it safe.
For all the small daily dramas of the 2012 campaign, there's a risk-averse dynamic playing out: Neither candidate has been making bold new policy proposals or displaying a free-wheeling personal style. So far, at least.
Part of that is just who they are: Obama always has been known for his cool demeanour, and Romney has discipline built into his corporate pedigree.
Neither of them has the swagger of former President George W. Bush, the renegade streak of 2008 Republican nominee John McCain or the rapscallion's grin of former President Bill Clinton.
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But Obama and Romney are men who know how to gamble: Obama decided to run for president after just two years in the Senate, launched an ambitious health care overhaul effort while the economy was still on shaky ground, and gave the "go" order on the Osama Bin Laden raid. Romney entered politics after a career in private equity, where risk is part of the job description.
Despite their backgrounds, their caution as candidates extends well beyond personal style.
The president debated for weeks how and when to announce that he supports gay marriage, and only went public after remarks by Vice President Joe Biden nudged him along. When Obama finally did make his announcement, his words were carefully measured to tamp down any backlash. He spoke of dinnertime conversations with his daughters about treating people equally, and of abiding by the Golden Rule.
Romney, too, treated the issue gingerly, even as he disagreed with the president. He restated his opposition to legalising such marriages, but called it a "very tender and sensitive topic" and said he supported extending certain rights to gay couples.
Political psychologist Stan Renshon, a professor at City University of New York, said Romney has clearly decided that the benefits of sticking to a script outweigh any downsides.
"His No. 1 priority at this point is to establish himself as a bona fide alternative," Renshon says, "and the less risky he sounds, the more conventional, the more boring, the better off he is."
And Renshon said Obama's even demeanour helps him fend off accusations that he's too radical. The president's re-election argument is a recitation of promises kept and a plea for more time to deliver on those yet to be fulfilled.
For now, Obama doesn't see the need to strike out in new directions. His announcement on gay marriage, for all the commotion it generated, was largely seen as confirming what people already believed about him. And getting the word out early will make it feel like ancient history by Election Day in November.
Both candidates also have been wary in their interactions with the press — to the point that Romney's aides recently tried to physically bar reporters from approaching the candidate to question him as he shook hands with people standing along a rope line.
The Republican candidate later tried to smooth over the flap by paying an impromptu visit to reporters in the back of his campaign plane. But he took note of what a rarity that was by observing that his press aide was "about to pass out." And, no, he still didn't take questions.
Obama, for his part, is happy to use the press when it suits his purposes — he hastily scheduled a TV interview to reveal his shift on gay marriage — and to pummel reporters when that fits his campaign narrative.
In a talk to graduates at Barnard College earlier this month, Obama lamented that "faith in our institutions has never been lower, particularly when good news doesn't get the same kind of ratings as bad news anymore. Every day you receive a steady stream of sensationalism and scandal and stories with a message that suggest change isn't possible."
The candidates' wives also have been playing it safe for the most part.
Michelle Obama has largely steered clear of all the contentious talk about issues important to women — contraception, abortion, the Violence Against Women Act and more. Her standard speech at campaign fundraisers ticks off a list of accomplishments by her husband. Her public appearances largely focus on her two signature issues of fighting childhood obesity and supporting military families, both widely popular and non-political.
Ann Romney, for her part, generally sticks to a script while campaigning for her husband, sharing warm and humorous stories about Romney family life and the challenges of raising five boys.
David Ropeik, a Harvard professor and author of several books on risk, said it's no surprise that the candidates are being cautious "in a no-holds-barred, 24-7, scream-a-thon world, where any hint of what the other side might see as an error is guaranteed to explode."
But Ropeik said both men need to know that being too careful can do them more harm than good.
"Candidates take a huge risk by being so buttoned up that they fail to express human sincerity," Ropeik said. "It's risky not to be sincere — even though sincerity is risky."
As the campaign progresses, the candidates may well adopt more risky strategies to further their own ambitions, especially if the race remains close.
Obama, for example, raised eyebrows this week with a tough new ad that goes after Romney's record at the Bain Capital private equity firm. The ad quotes a former steelworker who compared the firm to a "vampire" that sucked the lifeblood out of companies.
The populist pitch may help fire up Obama's base of support but risks making it more difficult for him to attract voters in the political centre.
Business Plan Development Orientation with Speaker Mark Lang - Emailwire
Mark Lang will speak about starting a new business. He will present the all important first steps required to build a successful business. Topics to be covered include:
How to put a business plan together
What you need to know to put together a business plan that will show what your exact business needs are
Find out where there is money for business in Wayne County
Where you can get a loan for a business where one of the requirements is that you must have been turned down by two other banks
This meeting is free to attend and open to the public. There are no pre-registration requirements. This is a great opportunity to network and learn from local business owners and aspiring entrepreneurs. For more information about this event visit http://www.megaeveningevent.com/real-estate-event-details.php?id=469
The Business Plan Orientation meeting will be held at the Wayne County Community College Eastern Campus located at 5901 Conner St in Detroit. Visit http://www.megaeveningevent.com for details on all upcoming events.
About the Michigan Entrepreneurial Roundtable:
The Entrepreneurial Roundtable meets the 1st Thursday of every month from 6 9 pm to discuss challenges and rewards of business ownership and offer solutions to problems in todays economy. This club is open to the public, free to join and there are no pre-registration forms or requirements. Owning a business is not a requirement; everyone is welcome to attend meetings.
Contact:
Mark Maupin
17177 Laurel Park Drive, N. Ste 142
Livonia, MI 48152
248-939-6232
Maupin.mark@gmail.com
This press release was submitted by Right Now Marketing Group, LLC
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