Monday, March 30, 2009

Legal Pot Sales in California

According to The Atlantic, April 2009, p. 23 (Joshua Green):

Given California's well-publicized budget crunch, it's worth noting that legal pot sales generate $100 million in state tax revenue a year.

That's a lot of dope.

Sunday, March 29, 2009

Governor Mark Sanford

It's Sunday, so let's visit Gov. Mark Sanford, who's been getting a bad rap in the mainstream press:

[T]he Bible says, “Let your light so shine before men that they may see your good works and give glory to your Father that’s in heaven.“ Hopefully, by the way in which you act. The way in which you make decisions.

Here's another quote from the interview, regarding the stages of democracy and civilization:

Sir Alex Francis Taylor studied history for all of his life. When he came to the end of his life, the quote attributed to him was that a democracy can not exist as a permanent form of government. It can only exist until voters discover that they can vote for them selves largess of the public treasury with a result that democracy always fails under loose fiscal policy and is generally followed by dictatorship. The average age of the world’s great civilizations has been 200 years for a nation to progress to a sequence from bondage to spiritual faith, spiritual faith to great courage, great courage to liberty, liberty to abundance, abundance to selfishness, selfishness to complacency, complacency to apathy, apathy to dependence. And from dependence back again into bond age. And so what I’m saying is some of what’s going on here is probably a reflection of where we are as a people.

More here.

Saturday, March 28, 2009

California Economy

I almost missed this Washington Post article about Southern California's economy. Mr. Pearlstein sounds like a member of California's Tipping Point Club.

Friday, March 27, 2009

How Did My X-Mas Shopping Go?

On December 18, 2008, I posted my personal X-Mas shopping list for stocks. Although I intended to hold the stocks for at least a year, I made some changes, taking some losses to raise cash and to buy Berkshire Hathaway (BRK.B). Let's review:

12/18/08

CSCO = 16.66
EWZ = 35.95
INTC = 14.26
KO = 45.18
MXIM = 12.00
WFC = 29.65

S&P 500 = 885.28
DJIA = 8,604.99
Nasdaq = 1,552.37

3/26/09

CSCO = 17.31 (+3.9%)
EWZ = 40.85 (+1.3%)
INTC = 15.82 (+10.9%)
KO = 44.85 (-0.7%)
MXIM = 14.11 (+17.58%)
WFC = 15.95 (-46.2%)

S&P 500 = 832.86 (negative 5.9%)
DJIA = 7924.56
Nasdaq = 1587.00

Overall, the return on the above portfolio is a negative 2.2% (not including dividends). This return beats the S&P 500, but my victory is admittedly Pyrrhic. If I had avoided Wells Fargo, I would be doing quite well. In fact, I bought Wells Fargo stock all the way down to 9 dollars and recently sold at around 14 dollars, taking a loss. I just sold Intel and Maxim, too, but plan on buying them back at lower prices. The recent run-up seems too much, too soon. Even so, my major holdings, all in mutual funds, are untouched and mostly in stocks.

I am worried about the T. Rowe Price Latin America mutual fund (PRLAX) and iShares MSCI Brazil Index (EWZ). Despite its name, the T. Rowe Price Latin America fund holds Brazilian stocks. I am concerned because Brazilian government projections seem overly optimistic; demand for commodities continues to be soft; and political rivals appear all-too-willing to undermine President Luiz Silva's authority.

Right now, the above list is not representative of my major holdings. I continue to trade actively in my retirement accounts.

The information on this site is provided for discussion purposes only. Under no circumstances do any statements here represent a recommendation to buy or sell securities or make any kind of an investment. You are responsible for your own due diligence. To summarize, I do not provide investment advice, nor do I make any claims or promises that any information here will lead to a profit, loss, or any other result.

Update on 3/27/09
: an astute seekingalpha.com reader points out that my math above is incorrect (and in my favor):

"You need to check your math. On EWZ, a price move from $35.95 to $40.85 is 13.63%, not 1.3%."

That, my friends, is why I'm a lawyer. I leave the math to the professionals and the expert witnesses.

Thursday, March 26, 2009

Joseph Cardinal Ratzinger on Economics and Morality

My Catholic readers are going to love this link:
  http://www.acton.org/publications/occasionalpapers/publicat_occasionalpapers_ratzinger.php

Pope Benedict XVI is too traditionally conservative for my tastes, a comment a real Catholic ought to consider a compliment. Regardless of his political beliefs, the Pope's 1986(!) essay makes some very good points. Take this paragraph, for example:

The great successes of this [free market] theory concealed its limitations for a long time. But now in a changed situation, its tacit philosophical presuppositions and thus its problems become clearer. Although this position admits the freedom of individual businessmen, and to that extent can be called liberal, it is in fact deterministic in its core. It presupposes that the free play of market forces can operate in one direction only, given the constitution of man and the world, namely, toward the self-regulation of supply and demand, and toward economic efficiency and progress.


What the Pope is saying seems all too prescient, given the recent collapse of the banking sector. The Pope continues to make some common sense points when he quotes Peter Koslowski: “The economy is governed not only by economic laws, but is also determined by men.” In other words, the free market may be a relatively good path, but men have flaws, and their decisions impact the free market. It sounds so simple when the Pope says it, you almost want to resurrect Milton Friedman for a debate.

The Pope's main point is that free market systems require self-restraint, and religion provides self-restraint. As a result, a free market system without religion probably won't be ethical and won't include self-restraint. Extrapolating from these points, the Pope is arguing that religion is required to inject ethics and discipline into the ethics-less enterprise of the free market.

Again, the Pope no doubt makes excellent points. Ethics can flow from religion, but he veers off-course when he argues that self-restraint and discipline are necessarily tied to religion. It is true that religion can produce self-restraint and discipline; however, self-restraint can be learned without religion. Given America's wise policy of separating church and state, we need to determine how to effectively teach all of our children self-restraint and other ethical behavior without using religion.

Law schools have attempted to teach ethics without religion, but almost every law school ethics course is a joke amongst students. This is because too much of the course relies on counter-intuitive case studies, such as defense lawyers who know where a body is buried but cannot reveal the location because of attorney-client privilege. Since lawyers have failed to create broadly applicable ethics courses, we need to go back to the time when ethics was a central part of education.

How do we do this? At first blush, it seems simple, because the subject matter already exists. Learned philosophers, which would certainly include religious philosophers, have written volumes on ethics. Sadly, most high school and college students lack the reading or analytical ability to study Immanuel Kant, Socrates, and Thomas More. Ultimately, the problem isn't available content, but the willingness to read and to spend time reading complicated texts. I hate to sound so stodgy, but television bears much of the blame. Given the way humans are designed--with traces of the hunter in all of us--visual stimulation is more powerful than the written word. As long as children are exposed to hours of television on a daily basis, their ability to read and to have the attention span to read profound works will evaporate. Even among the children I coach in basketball, I can see a discernible difference in attention span among the parents who restrict television time and the ones who do not.

But it's not just television that's the problem--the intellectual value of all visual media has declined precipitously. For example, I love old movies. I notice they are slower in pace, but I don't mind. More importantly, Hollywood designed the dialogue of older films for educated adults; consequently, movies challenged audiences and forced children and teenagers to evolve to a higher linguistic standard to keep up with mainstream culture. Just compare Who's Afraid of Virginia Woolf? and A Man for All Seasons with most of the films in today's theaters. Outside of David Mamet's films, intelligent dialogue is a rarity in most modern films.

How does a society stop the corrosion of intellectual discourse, which includes ethics, when major media channels are dumbing down dialogue everywhere? I don't know the answer, but I do know this: when we implement a culture that prizes reading and books above television, we will be on the right path. Reading great books used to be automatic for society's elites, the college-educated, and the upper class. Today, it's hard to imagine George Bush or Sarah Palin fully understanding Shakespeare or Erich Maria Remarque. Pope Benedict XVI is correct that the free market needs disciplined practitioners to prevent itself from turning excessive. It's too bad he sees only one (unlikely) path to get to the promised land of self-restraint.

© Matthew Mehdi Rafat (2009)

Amartya Sen on Adam Smith

Amartya Sen agrees that trust is the necessary foundation of successful capitalism:

Even though people seek trade because of self-interest (nothing more than self-interest is needed, as Smith famously put it, in explaining why bakers, brewers, butchers, and consumers seek trade), nevertheless an economy can operate effectively only on the basis of trust among different parties...

[I]n his [Adam Smith's] first book, The Theory of Moral Sentiments, which was published exactly a quarter of a millennium ago in 1759, that he extensively investigated the strong need for actions based on values that go well beyond profit seeking. While he wrote that "prudence" was "of all the virtues that which is most useful to the individual," Adam Smith went on to argue that "humanity, justice, generosity, and public spirit, are the qualities most useful to others."

Profit-oriented capitalism has always drawn on support from other institutional values...

The moral and legal obligations and responsibilities associated with transactions have in recent years become much harder to trace, thanks to the rapid development of secondary markets involving derivatives and other financial instruments. A subprime lender who misleads a borrower into taking unwise risks can now pass off the financial assets to third parties—who are remote from the original transaction. Accountability has been badly undermined, and the need for supervision and regulation has become much stronger.

I like almost everything Mr. Sen writes. Even when I disagree with him, I see his point of view. I also like Mr. Sen's idea that all Americans deserve basic healthcare: "The failure of the market mechanism to provide health care for all has been flagrant, most noticeably in the United States." Still, I don't see how he gets "the need for regulation" from "accountability has been badly undermined." I suppose it depends on the definition and scope of "regulation"; even so, Congress cannot solve the problem of attenuated responsibility by written fiat. It seems that Mr. Sen gets the root cause (attenuated profit-making) right, but the solution (Congressional acts) wrong. More on this topic here.

Wednesday, March 25, 2009

Judges and Francis Bacon

Francis Bacon has written eleven rules on how to be a good judge. Click here for more.

The first is this: "You should draw your learning out of your books, not out of your brain."

My favorite? "That you should be truly impartial, and not so as men may see affection through fine carriage."