Life as a Spectator Sport

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Monday, December 08, 2003

I've added the Toledo Blade newspaper website to my list of political sites. I don't know anything about the paper other than the columns I've been reading lately, but I applaud their courage in asking difficult questions and their persistence in finding out the answers to many of them. This is the kind of investigative reporting newspapers used to be known for. Oh, and one other thing in their favor: my partner Kate grew up in Toledo, the daughter of a union worker in the years when Toledo used to be a steel town (and the US used to be a steel exporter).

And I took off the Amish Tech Support site, as another day's reading makes it plain this is not primarily a political site. I enjoyed reading today's posts, agree with all of them or not, but it doesn't belong where it is, so it has moved down to the "Other" section. In the interest of fairness, I then moved "Buttermilk and Molasses" up to the political section. The amount of political content in John's blog has gradually increased, and I think he deserves more exposure.

The Toledo Blade is currently running a series of articles about Ohio Congressman Mike Oxley, a key player in the deregulation of American corporations. A short excerpt:
Over the veto of President Bill Clinton and the objection of SEC Chairman Levitt, 230 Republicans in the House were joined by 89 Democrats in passing a law that made it much harder for investors to prove they were defrauded by corporations, Wall Street firms, and auditors.

Investors who had filed a lawsuit used to be able to review a firm's records to find proof of fraud - a key step to getting back the money they had lost. But the Private Securities Litigation Reform Act of 1995 changed the rules: Investors now had to establish they had been defrauded before gaining access to corporate records - a burden critics said was impossible to meet in most cases.

And even if investors met that challenge and won their lawsuits, the new law made it harder for them to collect on their losses.

Supporters of the new law, including Mr. Oxley, argued that many of the lawsuits had little merit, and only the lawyers were getting rich. But San Diego securities lawyer William Lerach cautioned Mr. Oxley during one hearing about what would happen.

"While you claim to be taking a swing at the lawyers, you are going to end up hitting your constituents in the nose," Mr. Lerach testified in 1995.

Seven years later, a congressional investigation identified the 1995 litigation reform law as one of the culprits in the Enron collapse.
We hear a lot nowadays about increased secrecy in government. Looks to me like the process started earlier than most of us realized, with publicly traded corporations. An oft-repeated question, in various forms, is, "If you have nothing to hide, why be afraid of government scrutiny of your life?" Perhaps our largest corporations should take that question to heart. If you have nothing to hide from your investors, from the folk who sank their life savings into your company, why do you need to hide your records?
posted by Liz @ 9:43 AM     |


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