The Ethics (and Pronunciation) of Badminton

The Olympics badmintongate affair is not only the biggest scandal of the London games so far, it’s also the most prominent scandal of any kind in recent memory involving a word that is so universally mispronounced. (Or at least I think it is … Does anyone really pronounce that middle “n” as you are supposed to and not say “badmitton”?) Of course, one person’s scandal is another’s golden opportunity, as we learn from those crafty Canadians who are making the most of the mass disqualification of top players for throwing matches in order to garner more favorable matchups in a subsequent round. That opportunity, alas, turned out to be less fecund for the Australians, who won’t move on in badminton but could medal in the rollercoaster competition.

Putting aside the “human drama of athletic competition” (remember that one?) aspect, what are the ethics involved in badmintongate? In a round robin tournament that is not single elimination, a competitor plays on even after losing, and in some formats (like Olympic badminton), match-ups in later rounds are configured based on outcomes in earlier rounds. So when upsets occur, a team may find itself with a more felicitous path to glory by strategically gaming its outcomes (a euphemism for “losing on purpose”) in earlier rounds to face the opponent you’d prefer to face in the ensuing round. This is what the athletes in question did, drawing boos from crowds (yes apparently there are people who will pay to watch the birdie) and expulsions from their sport’s governing federation. Did they engage in bad behavior, or are they being punished simply for being strategic?

From the spectators’ perspective, the athletes clearly did screw the pooch. If you are going to engage in an activity for which actual people pay actual money to see you try to win a match, you are obliged to try to win a match or else not participate at all. If the rules allow a forfeit without losing place in the tournament, the right move for someone who wants to throw a match is to just say “we choose to not play” and accept the loss. By playing and intentionally losing, you rob the audience of what they paid for, and you waste their time in doing so.

And what if the rules don’t allow a forfeit (that is, forfeiting a match ends your participation in the tournament)? What then? One option is to address the audience, explaining that we want to pass on this match and accept our place in the loser’s bracket, but because we are required to play it out we are going to lose intentionally, and we will endeavor to do so as quickly as possible; meanwhile feel free to use this opportunity to hit the concession stands or otherwise spend time practing your pronounciation of “badminton.”

But there’s a problem: With these athletes expelled, we now know that the sport won’t allow this kind of gaming, and presumably they would feel the same if it involved the alternative methods I have proposed (the deliberate time-saving forfeit or the civilized address to the spectators about one’s intentions). But let’s not be too hard on the competitors and their coaches, who were just doing what the system here — the tournament format — incentivizes them to do if winning a medal is the goal. Their actions did treat the audience badly, yes, so we cannot say their actions did no harm. Even so, the real problem is the system itself, which these athletes didn’t design. Most sports reward strategy along with skill, athleticism, and stamina, and we now know that Olympic badminton is no exception.

So for me, on balance, expelling these competitors seems like overkill. Scold them mercilessly, and perhaps impose some sanctions that suspend them for a bit in competitions after the Olympics. Give the fans who attended their money back for that session, because they are the ones harmed, but let the tournament proceed with its best (and also apparently cleverest) players still in the frame. And then change the format for next time, which the sport’s governing body is already pondering.

One sportswriter summed up the ethics of badmintongate in this way: “If they’re keeping score, you play to win.” But do you play to win the battle? Or the war?

A version of this post appears on the Nashville Scene‘s Pith in the Wind blog.


Chick-fil-A “Appreciation” Day

Fans of the marriage of capitalism and bigotry should keep their Wednesday lunch plans flexible, because tomorrow is Chick-fil-A Appreciation Day. Mike Huckabee conjured up the day as a celebration of all that is fabulous about a corporation he thinks is “being smeared by vicious hate speech” on the left:

The goal is simple: Let’s affirm a business that operates on Christian principles and whose executives are willing to take a stand for the Godly values we espouse by simply showing up and eating at Chick Fil-A on Wednesday, August 1. Too often, those on the left make corporate statements to show support for same sex marriage, abortion, or profanity, but if Christians affirm traditional values, we’re considered homophobic, fundamentalists, hate-mongers, and intolerant.

I’m hard to know where he finds “those on the left” making “corporate statements” supporting abortion and profanity (“Fifteen minutes will save you fifteen percent on car insurance, and while you’re at it go terminate your fucking pregancy”?), but let’s overlook that for now. With just one shopping day left until C-f-A-AD, we need to answer some of the big questions people have about l’affaire d’chicken.

Does Chick-fil-A hate gay people?

The firm’s defenders would have you believe that the company doesn’t hate gay people; it just hates same-sex marriage. The current controversy was sparked by company president Dan Cathy’s observation a few weeks ago that “we are inviting God’s judgment on our nation when we shake our fist at Him and say, ‘We know better than you as to what constitutes a marriage.’ … We are very much supportive of the family, the biblical definition of the family unit.” The company’s conservative friends contend that “Chick-Fil-A has not turned away a single customer because that customer was a homosexual … [and] has not discriminated in any way against either employees or customers.”

But as groups such as the Equality Matters project have amply documented, Chick-fil-A through its charitable arm the Winshape Foundation donates millions to stridently anti-LGBT causes and organizations. We’re not talking just entities that mount legal challenges to same-sex marriage; these are groups that condemn “any homosexual act” (Fellowship of Christian Athletes), that regard being LGBT as “perverse” and promote “ex-gay therapy” (Exodus International), that frame pedophilia as a “homosexual problem” (Family Research Council), and that characterize the homosexual agenda as “a principal threat to religious freedom” (Alliance Defense Fund).

Chick-fil-A executives may say they are committed to treating people with “honor, dignity and respect … regardless of their belief, race, creed, sexual orientation or gender,” but actions speak louder than words. Through its foundation arm, the company finances hate, simple as that.

What about these reports of mayors and other elected officials threatening to block Chick-fil-A from expanding in their cities? Can they do that?

Certainly not. Voices on both the left and the right have been quick to denounce those threats, to the extent that they were actually threats to use instruments of public policy, as unsavory and absurdly impulsive assaults on the First Amendment. Even LGBT advocates get this. (An exception, a somewhat game but ultimately lame effort on the left to defend the mayors’ actions, is here, effectively refuted here.) But let’s be clear that even if public officials shouldn’t be threatening to make it harder for a business to do business because of political or religious viewpoints, those officials certainly do have the right to use their bully pulpits to express a personal opinion that they find the practices of a corporation offensive. Some have had to walk back their comments because in the scrum of the issue’s national momentum, they didn’t quite grasp the difference.

What about those on the right who locate just a wee bit of hypocrisy in Chicago Mayor Rahm Emanuel’s obstreperous objection to Chick-fil-A’s stance on marriage, given that it is the same position held by Barack Obama while Emanuel served as White House chief of staff, and held by Bill Clinton while Emanuel served in that administration? Do they have a point?

They do indeed.

So bottom line: should you eat at Chick-fil-A on Wednesday?

If you agree with Mike Huckabee that Chick-fil-A, a firm using its profits via foundation contributions to promote intolerant bigotry, is somehow being victimized by “intolerant bigotry from the left” when those contributions are factually revealed and discussed, then sure, knock yourself out. Otherwise I’d say give it a miss.

A version of this post appears on the Nashville Scene‘s Pith in the Wind blog.


Sarbanes-Oxley at 10

Ten years ago today the Sarbanes-Oxley Act (SOX) was enacted, supposedly ushering in a new post-Enron era of corporate governance. A New York TimesRoom for Debate” feature published a few days ago on the paper’s website offers four viewpoints on the law’s value after a decade, although the timeliness of the feature is tempered somewhat by its shallowness.

According to one writer, attorney Michael Peregrine, SOX’s benefit is largely conceptual, the law having catalyzed “a more robust respect for corporate compliance, fiduciary duty to shareholders and ethical behavior.” Another, Broc Romanek, who edits a website on legal issues pertaining to securities regulation and corporate governance, concedes that some of the new requirements embedded in the law “have stopped some frauds in their tracks,” but regards the larger pursuit of governance reform as “in its infancy as board failures remain too common.” A third, former SEC deputy chief of staff Kayla Gillan, points to the law’s merits as a deterrent: “Those who would seek to provide the market with misleading numbers are less likely to be able to do so because the public company internal controls are now much more effective.”

These are all lovely, essentially upbeat sentiments, but the Times package is incomplete because it comes off as a bit of a whitewash, omitting the widely held view on the right that the SOX law does more harm than good and should be dismantled. The Cato Institute crowd has been espousing this view for quite some time, and we now find ourselves with a major party presidential candidate who is on the record favoring outright repeal of the law.

While it’s certainly plausible (even likely) that a sweeping reform law passed in the emotional wake of scandal overreaches, it is hard to believe that doing away entirely with the law’s new regime of accounting controls and executive responsibility for the integrity of firms’ financial statements is a way to advance boardroom ethics. As the Wall Street Journal has reported, “Many businesses have complained that the new requirements are onerous and costly.” As well they should be.


Response and Responsiblity

Ongoing questions about Mitt Romney’s role in the doings at Bain Capital have been fodder for the Obama campaign’s efforts to paint Romney as an objectionable sort of capitalist who used the mantle of private equity investment to ruin lives and ship jobs overseas. The Romney response has been to celebrate cases where Bain turned around firms without killing them, and to use the calendar (“he had left Bain by then”) as a way to distance the candidate from the less savory cases. Meanwhile, some good investigative reporting has explored the what and when of Romney’s involvement in Bain deals and outcomes.

There are genuine moral questions here about the nature of accountability and responsibility for one’s actions and for the actions of others. When does nominal responsibility become ethical responsibility? Are we morally accountability for things that we put in motion but then step away from? These questions create a striking but so far untapped opportunity for the Obama campaign.

Romney eschews responsibility for things that happened at Bain once he ceased to be actively managing the enterprise. He was listed in dozens of SEC filings as “sole shareholder, sole director, president and chief executive officer” of Bain funds involved in corporate investments and takeovers after he left Bain in 1999 to head the Salt Lake City Olympics.

Avik Roy, a Romney policy advisor who used to work at Bain subsidiary Brookside Capital (a hedge fund), weighed in yesterday at National Review Online:

Which of Bain Capital’s investments is it fair to hold Mitt Romney accountable for? The answer: He is accountable for the investments in which he actually made the decisions. If I have my 401(k) invested in the Fidelity Select Health Care Fund, am I responsible for every decision made by the portfolio manager at Fidelity? Obviously not. The same goes for Mitt Romney.

Journalist David Corn, who has been doing quite a bit of recent investigative reporting on Romney and Bain for Mother Jones, replies to Roy:

This was hardly equivalent to a retirement fund investment. Romney “wholly owned” Brookside, according to a SEC filing. He created this entity. No doubt, he had a say regarding who was managing it. It was part of the Bain world he oversaw. He bears a degree of responsibility—perhaps Romney can calculate the precise percentage—for this venture.

Corn is right that Roy’s retirement fund analogy is silly; there’s a world of difference in proximity to decision making between being one of thousands of mutual fund shareholders and being the sole director and CEO of an investment entity that you yourself helped to create. You get the feeling that Roy himself realizes this, given that he devotes ten paragraphs following the analogy to a defense of the moral legitimacy of the investments for which Romney is supposedly not accountable.

The surprising thing politically is that Team Obama is focused narrowly on trying to make this into a wonky campaign argument about Romney’s role in layoffs and outsourcing, along the lines of “look at the economic pain that resulted from Bain investments that occurred when Romney was signing documents as sole shareholder and CEO even though he says he had moved on.” That’s a lovely but overly complicated narrative. Instead of hitting Romney for irresponsible capitalism, Obama should be hitting Romney for irresponsibility, period. Forget about trying to slice and dice the specifics of what result this or that Bain investment in the early 2000s yielded for this or that factory in the midwest.

Having successfully (some might say masterfully) goaded Romney into splitting these legal hairs on the meaning of his signature on SEC filings, the message should be a straightforward assault on Romney’s character, along the lines of: Mitt Romney doesn’t believe in taking responsibility for his actions. He signs off as chief executive and then says he had nothing to do with it. This responsibility claim should also encompass the numerous instances in which Romney has changed positions over the years on various issues: He doesn’t believe in taking responsibility for his words.

Democrats are accomplished at complaining that Republicans have the upper hand when it comes to messaging that frames an attack in simple, direct terms that everyone can grasp and then repeats it endlessly. Socialism. Taxing job creators. Death panels.

With his signature on dozens of SEC documents, Romney has handed Democrats just such a messaging opportunity. A lack-of-responsibility narrative that marries the Bain experience with Romney’s many changes of position gives Dems a chance to do unto Repubs as they have done unto Dems. And it can be done with integrity — there is nothing in such a strategy that distorts or stretches the truth, or removes it from context.

A version of this post appears on the Nashville Scene‘s Pith in the Wind blog.


“You Didn’t Build That”: The Conversation We Aren’t Having

It’s been a week since President Obama in a speech in Roanoke, Virginia offered up his “you didn’t build that” observation about business success, and Team Romney is still trying to make hay out of it. As recently as yesterday Romney declared in a stop-by at a local business in Massachusetts that “The president does, in fact, believe that people who build enterprises like this really aren’t responsible for it.”

It’s hardly surprising that a campaign trying desperately to shift from a defensive posture on matters of private equity and tax returns would seize on anything to change the subject, and perhaps that explains how this particular tidbit of second-rate campaign discourse distortion has kept its legs for a full week — an eternity in the news cycle game. (There’s nothing like yet another gun rampage mass shooting to really change the subject.)

But while Romney may have twisted Obama’s remarks last Friday into something never said or intended, the Mittster does edge dangerous close to having a point when he says of Obama, as he did yesterday, “It wasn’t a gaffe. It was instead his ideology.” The conceptual relationship between capitalism and infrastructure is actually a crucial and fascinating subject, one that does define significant differences between the candidates and their parties — or one that might if there could be a serious conversation about it instead of just harping on out-of-context utterances.

First let’s be clear about the distortion involved. This is what Obama said in Roanoke last Friday on this subject, from start to finish with no omitted words:

“If you were successful, somebody along the line gave you some help. There was a great teacher somewhere in your life. Somebody helped to create this unbelievable American system that we have that allows you to thrive. Somebody invested in roads and bridges. If you’ve got a business you didn’t build that. Somebody else made that happen. The internet didn’t get invented on its own; government research created the internet, so then all the companies could make money off the internet. The point is that when we succeed, we succeed because of our individual initiative but also because we do things together. There are some things, like fighting fires, that we don’t do on our own.”

And this is how Mitt Romney recounted Obama’s remarks:

“He said, ‘If you’ve got a business, you didn’t build that. Somebody else made that happen.'”

It does seem rather obvious that “you didn’t build that” refers to what came in the sentence before — infrastructure such as roads and bridges. Yes, one could make a grammatical argument, as James Taranto at the Wall Street Journal did, that “roads and bridges” is plural, while “that” is singular, so the word “that” should properly be “those” if Obama meant to say that successful entrepreneurs didn’t build roads and bridges. Point of grammar taken. But on that small fault in syntax we should believe that Obama meant to say something different that the otherwise extremely clear meaning of the entire passage? Really?

But campaign out-of-contextery aside, it is more than legitimate to ponder the extent to which business success does owe itself to public works and collective enterprise (indeed, to socialism! There! I said it! Socialism socialism socialism! Let the mouth foaming begin.) This issue sometimes arises as a policy argument in relation to the flatness vs. progressivity of tax rates. Writing in 2007 about progressive taxation, George Lakoff and Bruce Budner discussed the notion of “compound empowerment,” which refers to ways that the use of collective wealth and resources is compounded by corporations, investors, and wealthy individuals:

Consider Bill Gates. He started Microsoft as a college dropout and has become the world’s richest person. Though he has undoubtedly benefited from his unusual intelligence and business acumen, he could not have created or sustained his personal wealth without the common wealth. The legal system protected Microsoft’s intellectual property and contracts. The tax-supported financial infrastructure enabled him to access capital markets and trade his stock in a market in which investors have confidence. He built his company with many employees educated in public schools and universities. Tax-funded research helped develop computer science and the internet. Trade laws negotiated and enforced by the government protect his ability to sell his products abroad. These are but a few of the ways in which Mr. Gates’ accumulation of wealth was empowered by the common wealth and by taxation. As Warren Buffet famously observed, he likely couldn’t have achieved his financial success had he been born in Bangladesh instead of the United States, because Bangladesh had no banking system and no stock market.

The compound empowerment argument regarding tax progressivity is that rates should tilt steeply because “the wealthy have made greater use of the common good — they have been empowered by it in creating their wealth — and thus they have a greater moral obligation to sustain it.” It’s an interesting angle on tax policy, but not a debate we should realistically expect Obama and Romney to engage in the present climate, where stalemates between advocates of top marginal tax rates less than a handful of percentage points apart can paralyze the entire political system.

But the relationship between collective infrastructure and individual entrepreneurship is at the heart of the role of government in the economy, and is a conversation we should be having. I might be inclined to give Romney credit for raising this compelling question of political philosophy, except for the fact that he had to flagrantly distort his opponent’s comments to do so. Even so, it is disappointing that the Obama camp hasn’t taken the bait in a substantive way. Instead of just crying foul for the Romney distortion, there is an opportunity here to flesh out a very real and substantive difference between their philosophies (indeed, in Romney’s phrasing, their ideologies) and advance a meaningful conversation.

Not happening. Shocking.

A version of this post appears on the Nashville Scene‘s Pith in the Wind blog.


Board Stiff

Amid the new round of very bad press that Penn State University is enduring with the release of the damning Freeh report, we encounter an all-too familiar story: a governing board asleep at the switch. Writing in the Chronicle of Higher Education, former Penn State administrator Donald Heller distills the indictment:

Sometimes good people make bad decisions. But this situation goes well beyond that tired observation. The Freeh report is nothing less than an indictment of malfeasance on the part of the leadership of the university, including the Board of Trustees. The board is portrayed as providing inadequate oversight of the administration, being overly deferential to the president and his decisions of what to bring before the board, and unwilling or unable to ask the difficult questions necessary to ensure that the university, its reputation, its assets, and the broader community were protected.

We are seeing here in a university setting something found all too frequently in the corporate world: an inclination on the part of board members to cede unchecked power and discretion to the executives whose actions they are supposed to be overseeing. Chief executives all too often have too big a role in selecting board members, who then reward them with not just undeserved loyalty but also casual oversight, which breeds boards that turn out to be lax when time of crisis requires their serious watchdoggery. The inevitable end result is a board under fire for not doing the job it should have been doing all along. This is not just a sad story, but also an old and recurring one.

A version of this post appears on the Nashville Scene‘s Pith in the Wind blog.


False Dichotomy of the Week

It comes in an otherwise worthwhile piece of analysis and commentary on corporate corruption by Eduardo Porter in today’s New York Times business section:

Company executives are paid to maximize profits, not to behave ethically.

They are, of course, paid to do both. (And some other things as well.) As is everyone else.