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This is the fifth annual Columbia Roosevelt Review published by the Columbia University chapter of the Roosevelt Institute. We are proud to present twenty-two policy proposals written by students from Columbia University undergraduate students. If you are interested in writing for us, please contact our Editor-in-Chief, Lauren Tomasulo, at lrt2116@columbia.edu
This is the fifth annual Columbia Roosevelt Review published by the Columbia University chapter of the Roosevelt Institute. We are proud to present twenty-two policy proposals written by students from Columbia University undergraduate students. If you are interested in writing for us, please contact our Editor-in-Chief, Lauren Tomasulo, at lrt2116@columbia.edu
This is the fifth annual Columbia Roosevelt Review published by the Columbia University chapter of the Roosevelt Institute. We are proud to present twenty-two policy proposals written by students from Columbia University undergraduate students. If you are interested in writing for us, please contact our Editor-in-Chief, Lauren Tomasulo, at lrt2116@columbia.edu
Columbia University Spring 2013 COLUMBIA ROOSEVELT REVIEW Cover Page.indd 1 4/14/13 5:29 PM The Executive Board Lauren Tomasulo, Editor-in-Chief Grace Rybak, Administrative Director Natalie Zerwekh, Policy Director Daniel Gonzalez, Treasurer Sharin Khander, Outreach Director Leah Reiss, Secretary Center Leaders Tyler Dratch, Equal Justice Allison Schlissel, Health Rayleigh Lei, Energy and Environment Ricardo Rodriguez and Brit Byrd, Economic Development Katherine Haller, Education Adrian Jaycox, Defense and Diplomacy Editors page.indd 2 4/14/13 5:29 PM 1 Letter from the Editor This is the fth annual Columbia Roosevelt Review published by the Columbia University chapter of the Roosevelt Institute. We are proud to present twenty-two policy proposals written by students from Columbia University undergraduate students. The Roosevelt Institute has a particular niche in the Columbia University intellectual community. As a student-run, non-partisan, progressive think- tank, we oer students a unique opportunity to discuss current events, issues of public policy, and evaluate the eectiveness of proposals in an open environment on a weekly basis. Our membership is innovative and pragmatic, oering creative solutions to perpetual problems and considering all obstacles in the way of progress. The variety of proposals is evidenced by the range from discussions of sex education in schools re-allocating U.S. Visas. The scope of the ideas and the creativity of the proposals in this journal reect the best elements of the Roosevelt Institutes commitment to open-minded but rigorous discussion. The proposals are organized within our six centers: Economic Development, Education, Energy and Environment, Equal Justice, Healthcare and Defense and Diplomacy. Serving as the Editor-in-Chief of the Columbia Roosevelt Review has been such a wonderful privilege. I am pleased to present this publication that features policy solutions to such daunting, complex issues that nations face today. To all of our writers and executive board members, thank you for all your hard work. It has culminated in a successful issue of the Columbia Roosevelt Review. Sincerely, Lauren Tomasulo Cover.indd 1 4/14/13 5:30 PM 2 3 Table of Contents Economic Development 5 An Analysis of IMF Structural Conditionality Siran Jiang 8 Now or Never: Ending the U.S.-Brazil Cotton Dispute Audrey Greene 10 A New Budgetary Paradigm Ricardo Rodriguez 18 Rethinking the Regulation of RoSCAs Worldwide Maren Killackey 20 Engaging Suburban Poverty: A New Federal Framework Brit Byrd Education 24 Reforming State Policies on Sex Education Katherine Haller 28 The Violin as a Social Metaphor Kevin Lee 30 Improving the EU Identity Problem through Foreign-Language Education Policy Kendall Tucker Energy and Environment 34 An All Energy on Deck Approach Rayleigh Lei 35 Tackling Climate Change Fiona Kinniburgh 37 Composting at Columbia Triana Kalmano 38 Natural Gas and National Interest: A Brighter Future for Renewables Sharin Khander Equal Justice 41 Mandatory Minimums: Sentencing to Injustice Grace Rybak 43 Reallocating Visas to Meet Demand Natalie Zerwekh 46 Measuring Access to Food Daniel Gonzalez 49 Get Your Day-Old Baked Goods Here Ying Chang Healthcare 52 Reforming Drug Policy: Alternative to the Legalization of Marijuana Lauren Tomasulo 54 Agricultural Subsidies and Cooking Classes: The Solution to the Obesity Epidemic? Allison Schlissel 55 Addressing Medicare Solvency through Market Solutions Noah Zinsmeister Cover.indd 2 4/14/13 5:30 PM 2 3 57 An Urgent Wake Up Call: A Study of Cell Phones in HIV/AIDS Programs in Southeast Asia Emily Corning Defense and Diplomacy 63 Building Economic Ties with Myanmar Adrian Jaycox 64 Rethinking the United States Embargo Against Cuba Leah Reiss Cover.indd 3 4/14/13 5:30 PM 4 5 ECONOMIC DEVELOPMENT Econ.indd 4 4/14/13 5:26 PM 4 5 AN ANALYSIS OF IMF STRUCTURAL CONDITIONALITY Siran jiang Background The International Monetary Fund (IMF) was estab- lished as a means to ensure global economic stability. Along with the World Bank, the IMF originated during World War II as a result of the UN Monetary and Financial Conference at Bretton Woods, New Hampshire in July 1944. Just as the United Nations was founded to ensure global political stability, the IMF was founded with the intention of cooperation between countries in order to promote economic stability. Originally, the IMF was to act almost exclusively in emergency situations when a countrys economy is in crisis, and therefore negatively impacting global aggregate demand. In other words, when the IMF deems that a countrys economic is in des- perate need of aid, it will provide liquidity in the form of loans to the country to stimulate its aggregate domestic demand. Its not hard to conjecture that the actors at the Bretton Woods conference who founded the IMF had the Great Depression of the 1930s on their minds. British economist John Maynard Keynes, a key participant at the conference, formed an economic theory at the time that attributed economic downturns to a lack of aggregate demand. With this economic theoretical backbone in mind, the IMF sought to address economic crises through external stimulation of aggregate demand. However, throughout the 1980s, the IMF became increasingly involved in developing countries, to the criticism of many economists today. As the World Bank became more involved in providing broad-based support for poor countries, the IMF expanded its focus beyond crises and towards the developing countries that were constantly in need of help. Michel Camdessus, Manag- ing Director of the IMF in the 1980s, characterized this transition as the silent revolution that ripped through many developing countries more and more countries are making the painful decision to strengthen their eco- nomic policies and implement growth-oriented adjust- ment programs with nancial support from the IMF. 2 In response, the IMF became more involved in the structural and political policies of these countries an arena that fostered the growth of the IMFs conditionality require- ments later described in this article. 3 The new set of beliefs that replaced the Keynesian framework of the IMF, which emphasized market failures and the role for government in job creation, was coined the Washington Consensus. This term refers to a set of policiesagreed upon between the IMF, World Bank, and U.S. Treasury by economist John Williamson to refer to the lowest common denominator of policy advice being addressed by the Washington-based institutions to Latin American countries as of 1989. 4 In other words, these were the set of roughly 10 economic policy prescriptions that were considered right for debt-ridden develop- ing countries namely in Latin America. These policies included: 1. Fiscal discipline 2. A redirection of public expenditure priorities to- ward elds oering both high economic returns and the potential to improve income distribution, such as primary health care, primary education, and infrastructure 3. Tax reform (to lower marginal rates and broaden the tax base) 4. Interest rate liberalization 5. A competitive exchange rate 6. Trade liberalization 7. Liberalization of inows of foreign direct invest- ment 8. Privatization 9. Deregulation (to abolish barriers to entry and exit) 10. Secure property rights 5 To analyze the IMFs role in the Latin American economic crisis of the 1980s, we must rst examine the causes of the crisis itself. From 1977 to 1982, Latin American cur- rent account decits and net external borrowing grew steadily. Interest rates also rose, perhaps due to the high levels of debt nancing (rms sell bonds, bills, or notes to individuals or other investors to fund investments and expenditures in return for an interest on the debt) from previous decits. The economic failure of so many coun- tries in Latin America simultaneously have had debated causes, including domestic policies of scal expansion and exchange rate overvaluation, as well as external variables like changing terms of trade. 6 Some say that the relaxation of current account restraints led to an increase in Latin American access to international capital markets in 1970s, but when the 1980s brought a cuto of new loans to Latin America, the countrys balance of payments was signicantly altered. Others stress the combination of internal and external factors: growth of major countries such as the U.S. had an impact on interest rates, terms of trade, and capital availability and the internal response to these external factors together caused the 1980s Latin American economic crises. A vicious cycle arose in which Latin American borrowers, followed already by debts, borrowed more from Western banks resulting in increasing debt accumulation. 7
Regardless of the debated causes of the Latin Ameri- can economic diculties, the shift to restrictive monetary policy in the United States furthered these economic Econ.indd 5 4/14/13 5:26 PM 6 7 troubles into serious crises that rippled through many countries at the same time. Latin American export vol- ume and prices declined while interest rates on previous debts skyrocketed. According to IMF gures, Latin Ameri- can reserves decreased by over 30%. Decreasing foreign direct investment as a response also contributed to Latin Americas capital ight. 8 e IMF Steps In To make a very long story short, the power of the IMF diminished signicantly in the 1970s due to the large availability of private creditors in developed countries such as the United States. Instead of loaning funds for adjustment and nancing of balance of trade decits, Latin American countries turned to these creditors for borrowing and contributed to their ever-accumulating debt. Many governments of these countries did not have the regulatory measures in place to decrease the borrow- ing and practice scal discipline, due to many ideologi- cal, historical, and variant reasons that is a whole dier- ent story in itself. In the 1980s, Latin American countries found themselves cut o from the new private credit due to the changing domestic policies of many of their credi- tor countries. Thus, in a capital-scarce world, the capital of the IMF became all the more important as a last resort to avoid economic collapse. 9 With regards to the Washington Consensus as described above, the IMFs international involvement shifted from nancing investment and bailouts to pro- moting policy reform. Ironically, at the Bretton Woods conference, those types of tasks were delegated spe- cically to the World Bank while bailing out countries nancially in cases of economic emergencies what the IMF did before the 1980s and 1990s was delegated to the IMF. So why did this switch occur? Many view it as a structural shift that was a long-term manifestation of the Washington Consensus. In other words, setting a list of successful or right economic policies that countries should adopt translated into xating upon a countrys in- ternal domestic economic policies. Thus, the IMF shifted from bailout-oriented to policy-oriented. The framework shift at the end of 1999 manifested through two main agencies created by the IMF: country- authored Poverty Reduction Strategy Papers (PRSPs), which were expected to draw on broad-based consulta- tion with key stakeholders, and the Poverty Reduction and Growth Facility (PRGF), which was to arrive at poli- cies that were more clearly focused on economic growth and poverty reduction. 10 These two organizations were to be results oriented and focused on outcomes that are pro-poor. 11 More recently, the Millennium Development Goals (MDGs) that would set targets on health, educa- tion, and other poverty indicators for improvement. These development-focused groups are the organiza- tional manifestations of 21st century conditionality. 12 This new shift toward policy-orientation in countries namely low-income countries was a result of the Latin American crises of the 1980s and 1990s. The new policy outlook of the IMF has led to many issues that aect the IMFs eectiveness in the international arena. Conditional Lending Today Toward the beginning of the 21st century, the IMF decided to streamline conditionality. This involved restructuring the conditions set in the 1980s and 1990s that set economic and structural preconditions for coun- tries in return for IMF loans. A lot of the standards set by the Washington Consensus were reversed or revised due to protests. In setting domestic policies that country leaders must implement in return for nancial aid in dire circumstances, countries cried out that the IMF was mak- ing them choose the lesser of two evils. As to the eec- tiveness to these conditions, the debate continues. However, conditionality is not completely unfound- ed on the part of the IMF. By setting specic conditions of the structure of government and economic policy, including how the country repays debts, how long it takes them, the amount of private and public investment it encourages, and many others. These conditions are mainly associated with the goals of balance-of-payments adjustments, economic growth, and adjustment in times of economic crisis. The IMF ensures that it too has safe- guards against default. It also helps eliminate a phenom- enon called debtors moral hazard, in which a borrower tries less to repay debts if lenders make loans too gener- ously simply because borrows see continuously taking loans as a solution rather than repaying them. 13 Some conditionality is needed, but has the IMF taken this one step too far? Types of specic conditions that have been in place include prior actions, performance criteria, and structural benchmarks. Prior actions considerations are exactly what they sound like an evaluation of a countrys nancial record. Performance criteria and benchmarks monitor the progress of a members adjustment program and corrections to guide programs back on track. Bench- marks that are met reward a country with access to Fund resources when conditions are met, and takes access away when conditions are not. In the 1980s, performance criteria conditions increased immensely as part of direct- ing the policies of a countrys recovery program. Specif- ics of performance criteria involve policies like requiring members not to raise restrictions on trade or payments, or even that a certain amount of some imports will be liberalized by a deadline. However, the policies get more complex and indirect when attaching some ceilings to certain variables such as domestic growth by some assumptions that a certain level of growth may lead to too high a payment decit, etc. Therefore, many steps in these conditions really hurt economies and allowed a Econ.indd 6 4/14/13 5:26 PM 6 7 very signicant amount of IMF interference in domestic aairs. 14 Contents of conditions also vary. There are core conditions, which deal with tax policy and administration, scal transparency, monetary and exchange rate policies, and macroeconomic data. Shared conditions of the IMF and the World Bank include nancial sector reform, trade policy, and private sector promotion. Non-core condi- tions include public enterprise reforms, privatization, marketing and price reforms, civil service restructuring, social safety nets, monitoring poverty reduction, and other sectorial policies. Streamlining in the early 2000s, according to the IMF, would eliminate all but core condi- tions and conditions that may have a direct macroeco- nomic impact if not implemented. 15 Much of IMF conditionality today addresses the macro-scal policies of governments. However, many argue that the while the breadth of conditionality has decreased, the depth has remained constant. The IMF is still setting incredibly high-demanding conditions in rela- tion to economics that simply do not tailor to the status of most low-income countries. 16 According to ndings by Matthew Martin and Hannah Bargawi in a report on the IMF and its relation to low-income countries by FONDAD, the number of conditions in PRGFs has been reduced by 25%-33% in 2002. 17 However, these reductions have been sporadic and inconsistent across countries. At the same time, the number of prior actions conditions have fallen, as well as the number of performance criteria. 18 The most signicant streamlining happened at the beginning of the 21st century and since then most IMF actions on con- ditionality seems to be small-scale revision. 19 According to ndings by Matthew Martin and Han- nah Bargawi in a report on the IMF and its relation to low-income countries by FONDAD, scal conditionality has now become dominant. Many structural conditions have been eliminated and scal conditions have become more details focusing on administration and specic tax measures. As stated above, the majority of conditional- ity falls into the core category of scal conditionality. About two-third of the conditions are dened as core conditions. With the proliferation of conditions regarding governance, transparency, and non-corruption (which in recent years were dened as core conditions), that num- ber has only grown. However, while the much of micro- level core structural conditions have been removed, Marin and Bargawi argue that todays IMF conditionality still contains too much micromanagement. 20 Therefore, the eectiveness of streamlining conditionality at the beginning of the century is still hotly debated. So what kind of conditionality, if any, is the most eective? This has been a question that scholars have tried fervently to answer for the past few years. While the IMF has stuck more or less to the same blueprint from the early 2000s, many reports have emerged on how conditionality can and should be changed. One of these reports is from researches Matthew Martin and Hannah Bargawi, and they argue that the IMF should divide struc- tural conditionalities into three groups: to enhance stabi- lization, to promote growth and poverty reduction, and that have no key direct macro or growth impact. 21 Within these three groups, Martin and Bargawi esh out specic and complex policy directions, including sectoral strate- gies beyond liberalization in regards to trade, labor and infrastructure skills improvements, and revenue-raising measures through central bank reform and monetary and exchange rate policy. In short, the specic conditionalities that are deemed eective do not follow a general trend. 22 However, Martin and Bargawi both believe that the IMF needs to adapt its conditionality better to the needs of low-income countries, which more country-led initia- tive as well as IMF exibility. To achieve these long-term goals, the IMF needs to promote more empowerment of the borrowing governments to set their own long-term goals. 23 While not all conditionality is negative, more domestic government hegemony even with conditions is imperative. Deputy governor at Bank of Uganda Louis Kasek- endes report suggests that if the IMF continues to func- tion on the basis of the PRSPs, they need to be morphed into more realistic goals. He states, The IMF could ease the conditions necessary for absorbing external assis- tance, especially grants, and the scal space required for increasing investments in physical infrastructure. 24 Kasek- ende cites the example of infrastructure improvements: tight IMF programs that do not allow the government for any scal breathing room will only frustrate the govern- ment, because developing countries often place too much reliance on the private sector to x infrastructure problems (which almost never happens), and without infrastructure the private sector remains weak. Instead, giving governments less conditions and guidelines on how to spend money will allow room for these miscalcu- lations commonly seen in developing countries, and thus promote for better growth. Loosening conditionality for a countrys domestic economic policies may preserve the exibility needed for faster growth. 25 Professor of economics Graham Bird also oers some insight on possibilities to improve IMF conditionality policies. He argues that there may be a conditionality Laer curve. 26 In macroeconomic terms, the Laer curve refers to the level of taxes that can be imposed to still raise government revenue before individuals actually begin to work less due to the low yield of working as taxes increase, and thus government revenue decreases. Laer curve language in reference to IMF conditionality suggests that there will be a level of conditionality that generates the highest eectiveness of IMF policy in de- veloping countries, but once that level is passed program eectiveness begins to decrease. Therefore, Bird suggests Econ.indd 7 4/14/13 5:26 PM 8 9 a minimalist approach to conditionality, which involves imposing conditions only on policies that will aect a countrys ability to repay its debt or to avoid another major economic emergency in the future. 27 Generally, these policies are much more agreed upon than policy solutions for economic growth and poverty reduction. In these areas, Bird proposes, governments [of borrowing countries] should be granted as much discretion as pos- sible. The Fund could make recommendations but should not impose these as performance criteria. 28 In addition, Bird also advocates for greater temporal exibility in implementing IMF conditions. Since each country is dierent, it is almost impossible to evaluate and design (even on a case-by-case basis, which certainly has been proposed) an appropriate time-line to assess the success of the implementation of conditions. Bird instead proposes that conditionality, especially those that require some sort of structural change in a country, should be fully self-designed. As a result, the bench- marks and goals set for these countries also end up being too rigid and is a recipe for failure especially when the goals are over-ambitious and unrealistic targets in terms of economic growth, export growth, and scal adjust- ment. 29 While there are varying opinions on IMF Conditional- ity, the overarching opinion of many is that these condi- tions need to be reduced and adjusted. Though the IMF made major progress in its steps to streamline condition- ality in 2002, the problems that face low-income coun- tries have persisted even in countries receiving IMF aid. Although data from the latest years may be too recent to analyze, we can certainly evaluate the eectiveness of the change in conditionality at the beginning of the 21st century to better craft conditionality today for the future.
When President Rousse and President Obama met this past August at the White House, they discussed their roles as heads of the Open Government Partnership, whose aim is to increase transparency and accountability in governments all around the world. 1 This latter value accountabilityis missing from Congress economic ap- proach towards Brazil. Every year since 2009, the United States has paid more than $147.3 million to Brazil for our failure to reform trade-distorting cotton policies. This pay- ment is the result of a drawn-out conict between the United States and Brazil that began in 2002. In this era of scal belt-tightening, Congress should address Brazilian demands immediately and bring an end to wasteful an- nual payments. In September of 2002, Brazil led a dispute against American subsidies and trade policies, arguing that they harmed Brazils cotton industry from 1992-2002. In 2004, under the Aegis of the WTO, it was found that three American cotton programsmarketing loans, subsidies, and export credit guaranteesrequired reform in order to comply with WTO regulations. The marketing loans and subsidies provide cotton farmers with nancial sup- port when the price of cotton is below a certain monetary level. Brazil argued that an articially high monetary level led American farmers to overproduce cotton and to reduce the international price of the good. Meanwhile, export credit guarantees were found to be a prohibited export subsidy because the costs absorbed by the gov- ernment exceeded the premiums charged to participat- ing cotton farmers. In response, the United States elimi- nated two of three oending export guarantee programs; but left in place a program under GSM-102 that had been ruled as trade-distorting. Additionally, the 2008 farm bill did not lower the price triggers on marketing loans and counter-cyclical payments. In 2007, Brazil began to discuss retaliatory measures. 2 In 2009, the WTO ruled that Brazil could take counter-measures against the United States. In order to prevent Brazil from enacting these counter-measures which would have allowed Brazil to circumvent American patents on certain technologythe United States agreed to a temporary solution: The United States would pay Bra- zil 143.7 million each year until Congress makes changes to follow the relevant WTO laws. 3 Rather than making the necessary reforms, several in Congress have sought to circumvent the WTO-sanctioned payments to Brazil. The Brazil-U.S. Business Council (BRAZTAC) reports that, In 2011 and 2012, there were four attempts in the House and one in the Senate to stop the temporary payment of Audrey Greene NOW OR NEVER: ENDING THE U.S. BRAZIL COTTON DISPUTE Econ.indd 8 4/14/13 5:26 PM 8 9 funds under the temporary agreement. 4
Other pillars of the framework agreement included the promise to nally resolve reform cotton programs through the 2012 Farm Bill, which would be viewed as successor legislation. The Senate passed S. 3240, the Agriculture Reform, Food, and Jobs Act of 2012, on June 7. The House of Representatives created its own markup, H.R. 6083. The farm bills proposed in 2012 continue two programs that Brazil has taken issue with, according to WTO rules: the marketing loan program and the export credit guarantee program. One positive step proposed in 2012 (by both chambers of Congress) was the elimina- tion of the counter-cyclical payments; however, this was replaced by the new Stacked Income Protection Plan (STAX), which appears more trade-distorting than its predecessor. Experts nd that STAX must be dramatically reformed if it is to satisfy the Brazilian government. 5 Fiscal cli debates prevented Congress from autho- rizing either of the ve-year farm bills in 2012. Instead, Congress issued an extension of the 2008 law until September 30, 2013. The extension continued the 2008- era programs in question. Fortunately, Brazil did not view the extension as successor legislation, meaning that the United States will not suer harsher sanctions in the com- ing months (provided that the US continues its annual payment of nearly $150 million). On January 14, Secretary Vilsack pressed Congress to take action on a ve-year farm bill. The passage of an omnibus farm bill is an urgent need for American farm- ersnot just large agribusinessesthat that they can make planting decisions and other nancial choices in the coming months. However, ongoing budgetary talks have pushed the timeline for a new omnibus bill into late this summer. If Congress waits to address the cotton issue through the omnibus bill, two negative scenarios could unfold. First, Brazil could become impatient with U.S. inaction regarding the farm bill, and enact retalia- tory measures on the U.S. Second, Congress could fail to take Brazils full concerns into account and pass a new Farm Bill that does not resolve the crisis. Given these risks, Congress should pass a separate piece of legislation that deals primarily with the cotton program. What would constitute such a bill? In the 2010 framework agreement, CAMEX indicated that accept- able cotton subsidies must be signicantly lower than $3.568 billion per year, the average sum given to upland cotton farmers in recent years. 6 A cotton bill should be sure to make changes to the marketing loan program, export credit guarantee program, and STAX that Brazil has requested. This would be seen as successor legisla- tionoering the chance for a nal resolution to this decade-long conict. Key players in this cotton reform bill should be in frequent communication with Brazilian authorities to ensure that they will be satised by the new measures. Domestically, this will require close cooperation between the acting U.S. Trade Representative, Demetrios Marantis, and Congress. The idea of separating cotton from other USDA programs will face opposition in Congress. How- ever, Mr. Marantis, who was the chief international trade counsel for the Senate Finance Committee, has devel- oped a close working relationship in the past with key Congressmen such as Chuck Grassley (Iowa-R). Cotton in- terests should view this as a bill that will create certainty in the international cotton market. Brazils patience in recent months should not be taken for granted. Its willingness not to count the Con- tinuing Resolution as successor legislation may be due, in part, to the candidacy of Brazilian diplomat Roberto Cavalho de Azevdo for head of the WTO. 7 Mr. de Azev- do is one of nine nalists seeking to replace the current head, Pascal Lamy, when his term ends in August 2013. Before May 31st, the candidates must gain the approval of all WTO members, including the United States. Mr. de Azevdo himself has remarked that If one says no, just one, it doesnt happen. 8 Because Brazil needs the U.S.s support, it may be temporarily lenient on trade rela- tions this spring. Following May 31st, however, Congress should be prepared for a more assertive stance on this trade dispute. Now is the time to act on a cotton-specic reform bill that would end costly payments and improve relations between the two largest economies in the West- ern Hemisphere. Econ.indd 9 4/14/13 5:26 PM 10 11 As most world governments face the challenges of rising debt, an increasing number of policy-makers have had to reluctantly face todays primal question: how do we reduce our decit? Of course, answering this question is impossible without rst understanding the govern- ments continuously evolving role in the economy and private life. Indeed, a century ago government was hardly visible in times other than war; only during times of bel- ligerence would government suddenly become a driving force in the economy. These periods were usually accom- panied by a rapid rise in debt, as governments dramati- cally increased their military expenditure. However, they were also quickly followed by years, if not decades, of declining debt, as governments limited responsibilities meant thatduring times of peacemost government revenue was necessarily allocated toward reduction of the debt accumulated during war. 1 This cycle of rising and declining debt continued without interruption from the early modern state until the First World Warand to some extent, the Second. With the development of gov- ernment as a caretaker of welfare, however, the responsi- bilities of the public sector exponentially increased. With these new responsibilities, decits can no longer be sim- ply dismissed as the result of business or political cycles; we can no longer assume that decits will resolve them- selves once peace has arrived or the economy is expand- ing. Having thus become a chronic pain in the health of our national economy and political sphere, it is crucial to nd new solutions to our seemingly never-ending decit problems. At a glance, resolving decits should be relatively straightforward. After all, decits are a basic arithmetic operation: revenue minus spending, where spending is larger than revenue. Three simple solutions are imme- diately clear: increase revenues, decrease spending, or a combination of the two. However, none of these options is without controversy, nor straightforward to accom- plishparticularly the rst: raising government revenues. For example, the Laer curve, formalized during the 1980s in the boom of supply-side economicspropos- es what is actually a somewhat counter-intuitive assump- tion: that at a certain point, tax revenue will decrease as the tax rate increases. Thus, the Laer curve describes the following tax rate-tax revenue relationship: With Ronald Reagans election to the presidency, supply-side economics and the Laer curve became the recipe of choice at the time of formulating budgetary and economic policy. To this day, many continue to propose that tax cuts will invigorate our economy whileat the same timeincreasing government revenues and thus reducing budget decits. The issue is, of course, that models like the Laer curve are never meant to be entirely realistic. While there are a slew of well-known arguments against this curve, the primary critique is that it has severely limited the governments scope of ac- tion and its ability to take proactive measures to reduce decits. Instead of taking the common sense approach that raising tax rates will increase tax revenue, the mere mention of such a tax hike has become taboo in todays political discourse. Thus, with never-ending tax cuts and the Laer-curve justication behind them, government has tied itself to a policy that only signicantly reduces its sources of revenue, with no conclusive evidence that it has any discernible impact on consumption and on eco- nomic growth. In fact, as will be expanded upon shortly, assuming some degree of Ricardian equivalence, it is safe to say that another tax cut will neither raise government revenue nor signicantly promote any growth. In this piece, I will propose two possible solutions to our decit problems: rst of all, we must scrap the limiting assumptions behind the Laer curve. Instead of viewing a tax increase as a deterrent to economic growth and a drain to government revenue, we should view it as an opportunity to increase government transfers and spending that can promote economic growth, increase national savings (and with it, investment), and help re- duce our decit. Indeed, because the Laer curve fails to account for government transfers as well as taxes, it does not accurately describe peoples incentives to work based on the level of taxation, and it should not be a model that our policy-makers employ regularly to form budget- ary policy. Secondly, I will propose that scal and policy A NEW BUDGETARY PARADIGM Ricardo Rodriguez Econ.indd 10 4/14/13 5:26 PM 10 11 decentralization might be an eective solution to our nations scal problems. By decentralizing our budget and promoting citizen-level collective action in budgetary policy at the local, micro level (in other words, participa- tory budgeting), we can cater budgets to more specic issues while fostering discipline and responsibility in funding the programs in those budgets. Clearly, public goods provision is easier at the local level, where transac- tion costs are lower and regulation of free-riders is easier. 2
Thus, going local while ridding ourselves of our mislead- ing, Laer-curve beliefs can be good rst steps toward more scally responsible economic policies. Decentralization and Participatory Budgeting Looking at a two-dimensional policy space and plot- ting preferred policies on tax revenues versus the level of spending, we can show that budget decits are usually the preferred policy outcome in our present system of formulating budgetary policy. In this game where points A, B, C, and D represent dierent policy-making groups or individuals, any area where there is overlap between each players indierence curve is a possible policy outcome. Thus, assuming that players prefer a policy outcome closer in space to their own preferred policy, four distinct possible outcomes are clear. Two of these outcomes represent a budget surplus: those formed by the agreement between players A and B, and players A and C. Indeed, because player As preferred policy is a high level of tax revenue but a comparatively low level of spending, any agreement with this player in this game will result in a budget surplus. Any agreement with player D, on the other hand, will result in a budget decit, because his preferred policy is a high level of spending but a low level of revenue. Of course, this is a simplied model to explain the origins of dierent policy outcomes under our present system. In it, we must assume that there is no movement of the players preferred policies, and that they have perfect information and control over tax revenue. Yet, we know that perfect control over tax revenue is impossible, seeing as how government can only control the tax rate, not tax revenue itself. It is the tax revenue, then, that will be a function of the tax ratea function which can be described, among many other options, by relationships such as the Laer curve. Moreover, in our case of this game, we must assumeand this seems a bold assump- tionthat player A does not exist. However, in our real world that is actually not such an unrealistic assumption to make; of all the players in our game, A is the least likely to exist in our worldfew policy-makers today call for the inecient policy of high revenues but few programs to spend that revenue on. Thus, our policy space ends up looking like so: where decits are the policy outcome according to player Ds preferences, despite two other playersB and C Econ.indd 11 4/14/13 5:26 PM 12 13 agreeing on the more scally responsible policy of the balanced budget. Therefore, decits are the usual outcome under our present system. As can be corroborated with empirical data and a look at history over the past four decades, it is clear thatwhatever the causedecits have become our recent scal reality. This fact, however, does not neces- sarily have to imply that they will also become our future scal reality. Instead, several solutions to this decit problem can exist. In continuation I will be treating two in particulardecentralization with participatory budget- ing, and adopting the more common-sense approach of tax increases. First of all, by looking once again at our policy-space, it is clear that balanced budgets and surpluses are possi- ble by allowing for appropriate movement of our players preferred policies and indierence curves. Thus, by allow- ing bargaining, cooperation and collective action in our policy space, we can create overlap between our players indierence curves at more scally responsible areas. Moreover, because bargaining is already a strategy we employ today, another method to allow for even greater overlap in these scally responsible areas is to naturally make the players preferred policies and interests more similar. While living in a same locality does not necessarily translate into equal interests, it is safe to assume that, at the micro-level, neighbors and families have much more similar interests and preferences than a large collection of citizens at a national stage. Thus, in smaller, micro level organizations, regardless of the number of players which has potentially increased as we make collective action a broader, more inclusive aairand regardless of the size of their indierence curves, interests are far more similar and balanced budgets or surpluses easier to reach. Looking at our policy space: Low level of decentralization High level of decentralization Perfect decentralization (each individual has his own bud- getthere is no government) Thus, while it is no guarantee that a balanced budget or a surplus will be reachedin fact, it is just as likely that it will move towards a decit as to a surplus or a balanced budget if the local communitys interests are as such decentralization is nevertheless a useful tool to make col- lective action much easier and, with more citizen input, more scally responsible policies possible. If anything, it at least increases the potential for cooperation, as evi- denced by the larger overlap between groups of players individual indierence curves when their interests are more similar. Indeed, it has been a well-known, intuitive fact for decades that collective action is much easier at the local level. Elinor Ostrom, the 2009 Nobel Laureate in Econom- ics, and other major thinkers in economic governance have proven that resources can be very-well managed and regulated without the need for a large government Econ.indd 12 4/14/13 5:26 PM 12 13 or regulatory bodyinstead, communities of individuals have relied on institutions resembling neither the state nor the market to govern some resource systems with reasonable degrees of success over long periods of time. 3
With particular regards to scal and budgetary policy, this is in part because decentralization counters diusion of responsibility. Devolving scal responsibilities to smaller, local organizations increases the extent to which that same locality acknowledges its responsibility for its scal issues. For example, while most of a governments debt is publicly held, it would be hard to believe that a head of a household feels as responsible for the national debt as he or she does for his or her own familys debt; it is simply common sense thatif one is rationalone should feel much more personally responsible with ones own money and for ones own debt than that which is shared and diused throughout many other citizens. In other words, barring extreme cases, an individual household rarely lets itself accumulate as much debt as our government does, because said household feels much more person- ally responsible for any debt it accumulatesit will nd it harder to free ride on the eorts of others to pay it down (or simply stop accumulating it). Thus, decentralization is a sure method to decrease diusion of responsibility, and make collective action with the aim of reaching a balanced budget or surplus easier (by increasing the potential for cooperation, evidenced with the larger overlap in possible policy outcomes in our two-dimensional policy space). How- ever, several critiques can be made against decentraliza- tion. The rst of these is that it might increase bailout beliefsthe tendency to fall back on a higher, national level of government in the case of failure. 4 Thus, by grant- ing more power and responsibility over individual com- munities, we might increase their incentives to simply spend much more than they can pay for, in the false belief that the national government will eventually step in and bail them out. This moral hazard can easily turn into a disastrous situation if every single community falls into the temptation of these bailout beliefseventually, the national government will nd itself unable to save every- one who fails to meet its scal responsibilities. To counter this, we can hold the larger, higher level of government to a credible rule of not bailing out scally irresponsible localities. While this is not ecient or desirable at the individual level, it is at the collective one. In other words, while it would not be benecial for a locality that does nd itself in a scal dilemma, it would be benecial to society as a whole because it avoids the potential disaster of a nation-wide scal crisis if all localities decide to fall back on these bailout beliefs. Secondly, though the national government would retain control over programs too expensive to devolve to local governmentsand would also retain control over responsibilities that are clearly the realm of the national government, such as defensedecentralization does pose a dicult complication in the issue of inequality. Indeed, one of the major arguments in favor of a more centralized budget is the issue of redistribution: higher- income areas can help support lower-income areas by making the federal budget one large pool of revenue from which to draw resources to redistribute to needier areas and necessary welfare services. If we decentralize budgets, however, these lower-income communities will certainly be impacted as they will see their resources and revenueswhich they obtained largely through redistribution from higher-income areassignicantly decreased. In that case, an alternative policy would be to have a certain amount of each localitys revenue sent to a higher level of government (to a large extent what the federal system does already). This level of government, in turn, would redistribute these resources as needed thus, some limited centralization to the largest local com- munity capable of redistributing the necessary funds and resources. Nevertheless, to the extent that spending can be devolved and decentralized, it should. Thirdly, another complication to a decentralization argument is the issue of externalities. 5 To some extent, a centralized budget internalizes most externalities by hav- ing weighed the costs and benets of certain programs. However, by having many more decentralized budgets we are allowing for many more externalities to occur by excluding many communities from the budget-formula- tion process of each individual community. For example, in our decentralized system, if a community is willing and able to build a highly pollutant factory in its locality, it has the right to do so regardless of the negative externalities of pollution to the surrounding communities (who did not have a say in whether or not the factory should be built). We would then be faced with the classic dilemma of who is responsible for osetting the negative externali- ties and, perhaps most importantly, the more philosophi- cal question of whether or not a community should have the right to build a highly-pollutant factory knowing that its surrounding communities will be negatively aected (even if it has the necessary funds, resources and agree- ment). Perhaps under a centralized budget, the surround- ing communities may have been able to resist the con- struction of such a factory and avoid the negative eects from such a program. The same goes for positive externalities: when a community decides to build a high-tech research center with its own budget and funds, it is providing positive externalities to all the communities that benet from the research and the discoveries done there. While seem- ingly less contentious than negative externalities, posi- tive externalities nevertheless bring out crucial questions regarding the provision of public goods: If a community knows it wont be compensated for the programs it funds that provide positive externalities, is there any incentive Econ.indd 13 4/14/13 5:26 PM 14 15 for it to continue such a program? Thus, if we decentral- ize our budget, will we see a decline in these types of programs that require incentives in order to be set in place? In the classic example of a lighthouse, we know that there must usually be some third-party enforcer or neutral arbiter in order to set forth the construction of said public good. 6 If budgets were decentralized, how- ever, we could assume that no community would build a lighthouse on a rocky shore, because each will be waiting for its neighboring community to do soknowing that if the neighbor builds the lighthouse, its own community will obtain all the benets without having to pay any of the costs of construction or funding. Thus, some limited level of centralization is also required for the provision of public goods. Lastly, many claim that decentralization might produce an ineciently small government. Alesina and Glaeser lay out the classical critique: tax competition between localities should lead to a race toward the bot- tom in terms of provision of public goods leading to an ineciently small size of government. 7 Indeed, while certain communities may be willing to accept a relatively high tax rate in order to pay for comprehensive services, many other communities might wish a lower tax rate in exchange for lower spending. Thus, rms and employers might in turn wish to relocate towards those communi- ties where tax rates are lower, ironically leaving those communities willing to have a large amount of revenue devoid of such resources. Eventually, those communities who favor more spending might not have the necessary funds (or jobs) to do so, while those communities who would have the resources because of their low unemploy- ment and large tax base, do not have the will to spend at all. This argument, however, is not necessarily in the main- stream when it comes to decentralization. Many others in fact claim the opposite, in an argument very similar to our one regarding bailout beliefs: decentralization might lead to an ineciently large government, with reckless spending from localities as they falsely believe that the national government may be able to bail all of them out. 8 Thus, there really is no consensus regarding whether or not decentralization might produce big or small govern- ment. What is important, nevertheless, is that it produce scal discipline, and that many dierent policies can be implemented to address this potential moral hazard or race to the bottom. While these complications certainly place some qualications on our argument, they do not entirely discredit decentralization as a possible solution to our scal crisis. For example, in Governing the Commons, Elinor Ostrom presented what she called a self-nanced contract-enforcement game. 9 In this one of many solu- tions to the problem she was studyingthe tragedy of the commonsshe proposed that the players them- selves can make a binding contract to commit them- selves to a cooperative strategy that they themselves will work out. 10 This contract allows the participants in the situation to exercise greater control over decisions about who will be allowed to graze and what limits will be placed on the number of animals the self-interest of those who negotiated the contract will lead them to monitor each other and to report observed infractions so that the contract is enforced. 11 While it might seem strange to apply Ostroms arguments about a common resource to a national budget, the idea might not be that far-fetched. After all, it is not that dicult to extend the classic example of over-grazing to our own scal issues: the national budget becomes the common resource, all of the citizens become the players, and over-grazing would be analogous to a budget decit. In order to avoid the over-grazing (the budget decit) which could lead in the long-run to a lack of the resource itself (a budget), we will need to form some new contract by which all players can decide to regulate themselves and use the resource (revenues and spending) more eciently. Up this point, most of the arguments presented have been theoretical and based on economic models. Never- theless, these ideas also have political justications and have been applied in real-world scenarios. Especially dur- ing the 1990s, the World Bank published extensive analy- sis of the issue of scal and political decentralization. In the East Asia and the Pacic Region, the World Bank con- ducted research that demonstrated that direct democra- cy in decentralized resource allocation results in a higher level of citizen satisfaction with the allocation process itself (though not necessarily the outcome). 12 With regard to budget decits themselves, in Budget Institutions and Fiscal Performance in Latin America, Alesina, Hausmann, Hommes and Stein proposed that scal institutions with ex-ante constraints on decitssuch as balanced budget rulesare associated with a higher level of scal discipline. 13 This has been corroborated in the U.S. by Bohn and Inman in Balanced Budget Rules and Public Debts: Evidence from the US States. 14 Extending this fact to our decentralization argument, I propose that explicit rules are not strictly necessary; as Elinor Ostrom pointed out, self-enforcing contracts can be enough to provide for ecient results. These self-enforcing contracts, in turn, are only possible in highly decentralized, local commu- nities. Moreover, it is important to remember that strict rules are a very limiting factor in the case of shocks. While we argue for a scally responsible budget, this argument does not always necessarily imply a balanced budget or surplus. Indeed, in Keynesian orthodoxy, during times of recession a decit may very well be the appropriate economic policy to implement. However, keeping those assumptions in mind, in that case it might still be better to have a decit at the local, decentralized level, where spending can be used in the most community-specic and appropriate way possible to stimulate recovery. Econ.indd 14 4/14/13 5:26 PM 14 15 Leaving aside momentarily the economic argu- ments in favor and against decentralization, there is one important, political dimension to this proposal. Indeed, a prime question in political science has always been how to improve the congruence between citizens preferences and policy outcomes. 15 One clear solution to increasing this congruence should be decentralization. Indeed, in our majoritarian, representative system, it is dicult to determine whether voters choices are truly represented or have any inuence on policy. Thus, with such an important issue as tax policy, it might be best to redirect decisions so that it is highly more representative and inuenced by the voters and rms themselves. Moreover, as Bingham Powell, Jr. made clear, our present system assumes that all we can know about citizens preferences is revealed through their vote choices. The problem is, however, that they can only choose from among the alternatives that are presented to them, not from what might actually be their own preferences. 16 Therefore, col- lective action and more personal input at the local level might increase the positive, social and economic impact of government services in each locality, because it was the citizens themselves who made those preferences clear, and not distant representatives. Thus, having considered both the economic and po- litical arguments in favor and against of decentralization, we might feel safe concluding that it might be a good strategy to solve our scal crisis. While clearly no theory is a guarantee of success, making tax policy a truly coop- erative endeavordecentralizing it and including actual people and interests in the process, where everyone gets complete, close-to-perfect informationshould provide for a much more ecient use of funds and spending. Thus, a more responsible and ecient budgetary policy will imply decentralizing the budget to some extentto the level where people have similar interests and priori- ties, and where agreements are possible that put these interests and priorities to best use. Moreover, in these communities of similar interests, an agreement on expec- tations, priorities and funding of governance might get rid of the negative incentive eects of raising tax rates. Ricardian Equivalence and Tax Structure With the knowledge that theories of intertemporal consumption and budget constraints give us, and assum- ing Ricardian equivalence, our second essential argument implies that knowledge of taxes, transfers, costs and benetssimply put, knowledge of the processin- ternalizes these costs and benets to the extent that we can get rid of some of the negative incentive eects of tax rate increases. Thus, in order to help solve our scal crisis, we should get rid of the classic assumptions behind debts and decits. This implies assuming some degree of Ricardian equivalence, and scrapping many of the mis- leading ideas behind the Laer curve. Originated by the classical economist David Ricardo, and developed more recently by Robert J. Barro, Ricard- ian equivalence proposes that citizens internalize the governments intertemporal budget constraint. 17 Thus, in laymans terms, Ricardian equivalence claims that citi- zens understand that what the government spends, it must eventually pay for. Because citizens are able to look ahead at the repercussions of the governments present budgetary and scal policies, their consumption will not be aected solely by their present income, but also by their future income. Thus, any attempt by the govern- ment to increase a consumers present income will not aect the latters consumption, because the consumer understands thatin the long-runthe government will eventually have to pay for that stimulus by reducing his future income. In his Macroeconomics textbook, Nicholas Gregory Mankiw momentarily adopts the role of a con- sumer subject to Ricardian equivalence. Under this new role, he writes: The government is cutting taxes without any plans to reduce government spending The govern- ment is nancing the tax cut by running a budget decit. At some point in the future, the government will have to raise taxes to pay o the debt and the accumulated inter- est. So the policy really represents a tax cut today coupled with a tax hike in the future. The tax cut merely gives me transitory income that eventually will be taken back. I am not any better o, so I will leave my consumption un- changed. 18 Thus, the Ricardian view of debt has strong implications for scal policy: a tax cut that is nanced with debt will have no eect on consumption, and hence no eect on economic growth. Because it has no eect on growth and only reduces revenue, in the eyes of a Ri- cardian economist, a tax cut only represents a temporary decit and accumulation of debt. While there are denitely key critiques of Ricardian equivalenceprimarily, the assumption that consumers are myopic, and hence do not look forward enough to understand that a tax cut today means a tax hike tomor- rowit is nevertheless a signicant argument that calls into question the governments present policy of perpet- ual tax cuts. Indeed, if we assume Ricardian equivalence, all the government is doing is reducing our sources of revenue today, yet having no eect on economic growth. Moreover, while the classical assumption is that economic growth will lead to a rise in revenues that will nance the original tax cut, Ricardian equivalence actually implies that a tax cut is not really self-nancing. In fact, most economists now understand that the incentive eects are not large enough to make tax cuts self-nancing in most circumstances. 19 Thus, understanding that tax cuts do not necessarily have an eect on consumption and on economic growth, and that tax cuts are not in fact self- nancing, it might nally be time to switch strategies and raise tax rates. As Ricardian equivalence has taught us, this tax increase should not have as dramatic a negative Econ.indd 15 4/14/13 5:26 PM 16 17 what the Laer curve assumes will happen at a 100% tax rate). Assuming a Cobb-Douglas production function and a given utility function , we can maximize utility subject to the constraint
22 Thus, plugging in , taking the frst derivative oI the utility Iunction and equal- ing it to zero, we get that: Thus, knowing that symbolizes the tax rate, we can show that as the tax rate increases, the amount of hours workedand hence, the tax basewill decrease. This conrms the assumption that an increase in the tax rate will lower the tax base because it lowers peoples incen- tives to work. However, it is clear that the number of hours worked cannot reach zero unless . Yet, we know that is the labor share of income in the economy, which cannot be zero for any production to take place. Hence, it is safe to assume from this model that the amount of hours worked in an economy will never reach zeroand thus, the tax base will not reach zero either. This is also simple common sense: in order to survive, we have to work regardless of the tax rate. Thus, no matter how low or high the tax rate, as long as people want to live (and we assume that living includes being a part of the market system), they will work. Now that weve demonstrated that the tax base can never reach zeroand hence, disproven the Laer-curve assumption that even a 100% tax rate will mean no one want to workwe have to describe what actually does happen to the tax baseand hence, to revenueas the tax rate increases. To do so, we might have to leave the economic arguments behind and enter a political one. Moreover, many may have noticed that under a 100% tax rate, =1. In that case, a solution to the model of hours worked does not exist. Thus, this particular economic model is unable to properly describe what happens to the tax base and tax revenue once the tax rate reaches 100%. We must now enter the realm of politics. While more theory than model, in this last section I will argue that we can get rid of the Laer curve and replace it with new curves to describe the tax rate-tax revenue relation- ship based on the socioeconomic and political character- istics of each society. Basically, dierent societies will have dierent incentives to work, work ethic, and cultures which will aect the shape this curve will take. Most importantly, the Laer curve does not take into account one of the major factors that aect peoples incentive to work and pay taxes: transfers and spending. Thus, when we include spending in the tax rate-tax revenue relation- ship curve, I predict we will see much dierent results that could potentially allow us to raise tax rates and help balance the budget. eect on growth as many claim it will, andas common- sense tells usit will probably increase government revenue instead of decrease it. Scrapping this Laer-curve assumption that tax cuts will always lead to growth and to smaller decits might actually lead to more scal disci- pline and debt reduction. Even if we dont assume Ricardian equivalence and simply take the traditional view of budget debt, it is clear that continuous tax cuts can ultimately be quite harmful to future generations. As Barro wrote: desired private sav- ing rises by less than the tax cut, so that desired national saving declines. It follows for a closed economy that the expected real interest rate would have to rise to restore equality between desired national saving and investment demand. The higher real interest rate crowds out invest- ment, which shows up in the long run as a smaller stock of productive capital. Therefore, in the language of Franco Modigliani (1961), the public debt is an intergenerational burden in that it leads to a smaller stock of capital for future generations. 20 In an open economy, on the other hand, a debt implies an increase in foreign investment as the government borrows more from abroad. In the long-run, that implies that a larger and larger share of a countrys output is claimed by foreign governments and individuals. Thus, ultimately, running a budget decit leaves a smaller and smaller share of capital stock and output in the hands of our own children. If, however, we wish to leave future generations a larger capital stock than what we ourselves enjoy, we must consider bearing a larger share of the burden of our current social and military programs. That, as has been stated, will most probably require an increase in tax ratesa destruction of our current Laer-curve assump- tions. Yet, a refutation of the Laer curve does not only arise from the need to raise tax rates. Instead, empirical data has already demonstrated that this curve does not necessarily hold in real life. Despite the assumption that cutting tax rates will increase the tax base and with it (it is assumed) tax revenue, in general many countries (includ- ing the United States) have reached near-100% marginal tax rates in the past and have not seen the predicted collapse in tax revenue. 21 Even though the assumption that raising tax rates will decrease the tax base is correct, what is incorrect is the assumption that this fall in the tax base over-compensates the rise in the tax rate, producing declining tax revenues. Indeed, we can begin relaxing the assumptions of the Laer curve that have constrained our governments economic policy. By looking at a simple model that de- scribes the amount of hours worked taking into consider- ation the tax rate, we can prove that the amount of hours worked in an economy (which in this case will serve as a proxy for the tax base) will never reach zero (which is Econ.indd 16 4/14/13 5:26 PM 16 17 Our main assumption, thus, is that revenue does not necessarily have to equal zero at a 100% tax rate, because people will still work due to biological necessities, social norms, political rules, and government transfers. These variables, in turn, will depend on the type of social and political system in place in the countryalong with the respective work ethic and attitudes toward government. Indeed, where the balance between individual free- dom and collective responsibility will actually lie depends on the type of society. It will depend on the social, eco- nomic, and political behavior of each nation whether a tax policy is designed to favor the collective over the indi- vidual by taxing the latter in favor of the formers benet, or whether it will favor the individual at the expense of the collective (by taxing the former less). Moreover, it also depends on the social, economic, and political behavior of each society whether the goals of the government are the same of the people, or vice versa. Once the goals of the two are the same (or are adequately communicated and agreed upon), then the proper balance will be found, and all sides will truly beneta claim which reects back on our previous political argument over decentral- ization as a means to increase the congruence between citizens wants and governmental action. Therefore, government must learn to properly understand and com- municate priorities: it must learn to understand whether people prefer to be taxed much and receive equally high amounts of government services, or they prefer lower tax rates with correspondingly low levels of services from the public sector. Moreover, in the scenario where the people prefer both high government services and lower taxes, government must learn to communicate that a natural trade-o exists between taxes and services: if one desires to be scally responsiblea term which we claried can include budget decits when so requiredmany services mean high taxes, while low taxes must mean fewer ser- vices. How eective government is in understanding and communicating the priorities and trade-os (and how eectively the people make their priorities understood andinverselyunderstand that the trade-os exist) depends, once again, on the social, economic and politi- cal behavior of each society. Of course, because in the real world we have the added dilemma of transaction costs, not all citizens agree on what services they prefer and how much theyd like to be taxed, and not all citizens speak with a clear and unied voice, agreements like these might be more pos- sible and ecient at the micro level. Nevertheless, at this local level, agreements and communication between the policy-makers (which at this level directly includes the citizens) may lead to a tax rate-tax revenue relationship very dierent from the Laer curve. Therefore, the Laer curve isnt necessarily wrong, but because it simply looks at revenue, its shape might not describe all economic sys- tems and societies. Even at a 100% tax rate, people might be willing to work if: a. They are unable to maintain a decent standard of living without a job. The primordial need to survive impels them to work regardless of the tax rate. b. The economic system in place in their country is not a free market economy but a command one. More- over, the political system might make it an obligation to work. c. Government transfers and spending are enough tocompensate for their taxes. d. Culture, work ethic and social norms impel people to work regardless of the tax rate. Thus, a proper tax rate-tax revenue relationship curve should account for the uncertainty of these variables. Attempting to consider all possible scenarios, we can imagine the following general descriptive trends: Clearly, depending on the economic and political system in place, the attitudes towards government and welfare, and the work ethic of the population, it is pos- sible to imagine a tax rate-tax revenue relationship that is much dierent from that of the Laer curve. It is in fact possible to visualize curves with a constant positive slope, and curves which reach maximum possible revenue at tax rates near or exactly at 100%. Conclusion In conclusion, a strategy that combines some de- gree of scal and policy decentralization, participatory budgeting, and a dierent mind-set with regards to tax policy might be a potential solution to the scal crises which presently aect multiple countries around the world. Instead of government policies guided by the limiting assumptions of the Laer curve, we should focus on collective action at the local level as the centerpiece of our growth and tax policy. Indeed, because we want the programs that foster growtheducation, healthcare, research, and law enforcementto be well-funded, we should not shy away from taking bold, new actions to solve our scal issues and increase tax revenue. While Econ.indd 17 4/14/13 5:26 PM 18 19 these arguments are more theory than model or fact, it is essential that we begin considering new solutions to the old problems that we have yet been unable to x. This is thus not necessarily an argument for big government or small governmentit is an argument for a respon- sible government. Whether we want a large amount of spending or a small one, we should nd the tax rates and design the scal institutions that allow us to adequately meet that spending with the necessary revenues. Indeed, government truly has the capacity to foster growth and prosperity, and instead of limiting it with misleading economic assumptions, we should empower it to nd the means to reach that outcome. Maren Killackey RETHINKING THE REGULATION OF ROSCAS WORLDWIDE As long as there has been need, there have been savings and loan collectives around the world. From the susu in Ghana and the tontine in Cameroon to the bishi in India and hui in Vietnam, 1 those without ac- cess to formal credit have developed their own informal mechanisms of obtaining necessary economic resources. The umbrella name for these groups is savings and loan associations (SLAs), which can be generally divided into rotating savings and credit associations (RoSCAs) and accumulating savings and credit associations (ASCAs). 2
In a RoSCA, a small self-selected group of individuals decides to contribute set amounts into a pool on a daily, weekly, or monthly basis. 3 After each member has been awarded the pooled money, the RoSCA either restarts or disbands. 4 In a random RoSCA, the pool is awarded by lottery, after which the winner cannot be selected again in that round. 5 In a bidding RoSCA, one receives the pool earlier than someone else by pledging a higher payment. 6 ASCAs usually consist of more members, last longer, and the pool is redistributed at members discretion. 7 Further- more, whereas there is essentially no interest for loans from RoSCAs, ASCAs have high loan interest, making it better suited to those who wish to save than those who need to pay for school fees or a wedding. 8 It has been well observed and argued mathematical- ly that individuals join SLAs, RoSCAs especially, because their lifetime utility increases under the condition of saving on ones own (autarky). 9 As noted by Callier (1990), the creation of a tontine is one of the most obvious Pareto improvements that people who save in order to purchase a bulky asset can create for themselves in a soci- ety with fragmented capital markets since the wait time for most participants is reduced, the last recipient do- ing as well as he would have under autarky. 10 Some nal awardees will still do better if there certain members of the group who wish to purchase the same big ticket item, a bicycle or motorcar for example, assuming the purveyor oers a bulk-pricing scheme. However, it has also been ar- gued that RoSCAs oer more than an opportunity to bet- ter oneself on a more holistic level. As an informal institu- tion, enforcement of the implicit contract created when one joins a RoSCA is upheld with social capital. Members are deterred from defaulting because of the shame it would bring on their family and the strain it would bring on future nancial transactions within the community; if a potential member has been previously deemed un- reliable or a possible ight risk, he or she is barred from joining the organization. Such self-regulationhas proved successful thus far, but some governments are wary of Econ.indd 18 4/14/13 5:26 PM 18 19 hypothetical unscrupulous RoSCA heads whom they see as in a prime position to run o with the communitys money. The greater distance an individual has from the risk associated with a particular investment or with making o with deposits the more he or she has incen- tive to invest riskily or steal. 11 Furthermore, without good information, RoSCA members are particularly vulnerable to uctuations in the market due to weather condi- tions or other variables. Therefore, in a community that predominantly grows sugar cane, an infestation of cane beetles half way through the pool cycle could lead to a default, and since RoSCA deposits are uninsured, this could mean serious nancial hardship for a countrys poorest citizens. I wont argue that RoSCAs are a cure-all for global poverty, however they do have the potential to dramatically benet communities. These benets are drawn from the crucial role social capital plays in RoSCA operations, which would be undermined should the government intervene. I hold that many of the concerns on behalf of governments regarding RoSCAs are unneces- sary and that in general, it would be best to leave RoSCAs to self-regulate. Eorts have been made at regulation in the micro- nance sector in general and RoSCAs specically, but often with the wrong target. There are some government regu- lated savings and credit co-operations (SACCOs), which require groups to meet certain criteria, such as having at least 30 members. 12 Regulation has been deemed nec- essary in many countries following various crises in the micronance sector, that in the Indian state of Andhra Pradesh 13 being most notable. During the 1980s in China, lawmakers gave a criminal penalty to those who took public deposits illegally after RoSCAs in several prov- inces began engaging in proteering and practices that harmed the nancial security of RoSCA participants. 14 On a macro level, the rational behind such moves is often that many central banks around the world feel compelled to involve themselves even in grassroots organizations given their self-described mandate to protect deposi- tors and avoid systemic risk. 15 Its understandable that governments, especially those whose platforms centeron the well being of its constituents might be wary of any sort of micronance operations, as has been the case in several Latin American countries, 16 especially those that are bound by such seemingly tentative means as trust. However, it is precisely that social capital that gives RoS- CAs in particular their dramatic developmental capabil- ity and yields such economic rewards. Despite the risk involved for the borrower, he or she stands to gain much more than his or her deposit from engaging in a mutual aid association such as the RoSCA. While there are certain circumstances where regulation may be practical (which, for brevity, will not be discussed here), the organic suc- cess of RoSCAs and their ability to evoke grassroots bonding within a community are two fundamental rea- sons why government regulation is unnecessary. For millions of people around the world, RoSCAs are a part of daily life. 17 They might belong to one, or many, depending on the desired capital investment and loan cycle, 18 or perhaps to broaden their social circles; Benda (2012) cites networking opportunities and the sharing of ideas as just a few of the non-nancial benets RoSCA participation confers. According to Mayoux (2006), grassroots micronance programs could also have a very signicant contribution to gender equality and womens empowerment, as well as pro-poor development and civil society strengthening. They have already had a signi- cant impact in womens activism in South Africa in terms of providing nancing for houses, this despite a history of discrimination against women in this area, even post- apartheid. 19 The intense dependence on interpersonal re- lationships and reliance on social capital transforms indi- vidual RoSCAs into groups capable of oering support to their members. Benda (2012) quotes, [] before joining this group, I used to feel lonely, but now I can meet other people, get support, and somehow share my problems, and I feel better! This impressive sense of belonging and support is something one would be at a loss for should the group members lose autonomy of their collective. It is virtually ubiquitous that a RoSCA have some sort of constitution, elections, and rules of participation, down to the practice of oering a prayer before meetings. 20 This level of organization and information about the commu- nity, makes savings groups like RoSCAs ideal for eecting greater political change, perhaps the most well-docu- mented case being that of women. 21 The main arguments for imposing some sort of external regulation are born of government or, more often, central bank skepticism that a grassroots runnancial association could be benecial for the worlds poor, but these arguments are ill founded. Despite testimony such as, [...] during the meetings, people open other peoples minds on how to develop, how to improve own livelihood, how to start a business [...], 22 the focus is economic and the worry is by and large the moral hazard. Wright (2000) writes, the greater the - nancial risk and the more money at risk by depositors, the more important external regulations becomes to avoid what economists call moral hazard by management and owners. This suggests the need for separate tiers of regu- lation and supervision based on quantitative measures. Given the overwhelming evidence of social and political development thats achieved by RoSCAs, it would be dif- cult to imagine all but a few anecdotes wherein infor- mal savings and loan associations have had detrimental eects on a community. Furthermore, the translation of formal regulatory policy onto a grassroots organization would not only undermine the sense of achievement many participants feel, but such laws are not engineered Econ.indd 19 4/14/13 5:26 PM 20 21 account the indomitable social ties of a small, cohesive community, rather they govern a modern society, with [a] changing of social structure, [where] interpersonal relationships gradually alienate, circumstances under which the traditional ROSCA implies great risk, 23 which is clearly not the case. Even if the central banks were to attempt to de- velop policies that allowed RoSCAs to retain the majority of their self-governance as well as impose upon them charters that allowed for the vast exibility and adaptabil- ity they enjoy, says Wright (2000), One cannot help but worry that the central banks, lacking the resources and capability to supervise the formal commercial banking sector, might be stretched beyond reasonable limits if re- quired to supervise large numbers of MFIs running a busi- ness for which central bankers usually have scant regard, and of which they have less understanding. What would be perhaps more ironic, says London School of Econom- ics alumna Prajakta Kharkar Nigam, is the idea of central banks in corruption-ridden countries like Bangladesh and Indonesia trying to run small-scale operations that have ourished with mostly clean reputations without legis- lative intervention. Furthermore, in the event that the government decides to insure deposits (an unlikely and impractical undertaking), the idea of insuring against the moral hazard could be undermined, leading to an in- creased default rate, as RoSCA heads feel no more moral compunction to guard savings if everyones money will be returned anyway. 24 As Bin Hoque and Khalily (2002) found in their exploration of the assumption that infor- mal nance is a rudimentary substitute for formal nance, Urban ROSCAs and ASCRAs exist and ourish in the pres- ence of an institutional nancial system, which is evident in our case studies. Also, in India dierent types of Chit funds are growing in urban areas like Bombay, Madras, and New Delhi. Participants from dierent occupational groups are involved and organized in these chit funds (Radakrishnan, 1975). This perhaps conveys us the mes- sage that formal nance is an imperfect substitute for informal nance. The procedural rigidities and several rules and regulations of the formal nancial system make it di cult to reach the people of all strata and these are the reasons for emergence and reemergence of informal groups like RoSCAs and ASCAs within the institutional nancial system. With the simultaneous rise of formal nancial insti- tutions oering microloans to the rural and urban poor (branchless banking) and the popularity of for-prot micronance institutions, there is certainly a place for regulation in the microbanking sector. However, given the success grassroots nancial associations have experi- enced armed with only self-regulation, and the improb- ability that central bank governance would allow such associations to retain the qualities that make them such excellent mechanisms of community development, it is highly recommended that any attempts at external governance be redirected to policies that would promote nancial literacy and ll in where grassroots can and likely should not extend (i.e. in providing credit for capital- intensive ventures). The reemergence of urban centers has become a bona de trend of the last decade and the post-2008 recovery. For the most part, this trend has been met with celebration, largely with good reason. The rise of inner cities presents a series of alluring progressive and sustainable opportunities, but progressives should also be cautious to not get too distracted with these genu- ine sources of optimism. Outside of the promising signs of the inner city is an emerging set of new challenges in American suburbs and exurbs. Understanding these problems and providing a federal framework for localities to address them is a crucial step toward developing more progressive, stable communities rather than a simple redistribution of poverty toward the urban margin, and a huge wasted opportunity. A federal framework that un- derstands this demographic shift and provides resources and a streamlined framework for localities to take action is necessary. e Changing Face of Suburbia Once the ideal of American middle-class pastoral-lifestyle-fetishism, the suburbs are in- creasingly becoming the site of poverty. Accord- ing to the Brookings Institutions Metropolitan Policy Program, between 2000 and 2008, suburbs in the countrys largest metro areas saw their poor population grow by 25 percentalmost ve times Brit Byrd ENGAGING SUBURBAN POVERTY: A NEW FEDERAL FRAMEWORK Econ.indd 20 4/14/13 5:26 PM 20 21 faster than primary cities. 1 Although urban residents are still more likely to be in poverty than their suburban counterparts, the suburban poor population now out- numbers the urban poor, and the suburban poverty rate rose 0.9% compared to primary cities 0.3%. The suburbs are also playing a critical role in a shift in immigration trends. The foreign-born population of the suburbs is growing at a much faster rate than cities. Since 2000, the percentage increase in foreign-born population in the suburbs outpaced cities 37.4% to 13.2%. The com- position of these foreign-born populations also diers; the suburban foreign-born population is predominantly Mexican, while cities have a more cosmopolitan composi- tion. 2 This trend upends many prevailing notions of pov- erty and American cities and demands a reevaluation of poverty reduction and community development policies. The traditional refrain against criticisms of cities as cen- ters of poverty has been a plea to compare urban poverty to suburban and rural poverty, rather than urban poverty to suburban or rural prosperity. Cities are traditionally thought to be good places to be poor: they provide social and employment networks, access to social and public re- sources, and more opportunities for neighborhood cohe- sion. This rationale applied from the Ellis Island and Tam- many Hall era of immigration well into the 20th century. However, the reorientation of poverty toward the suburbs threatens to invert this paradigm. These new suburban centers of poverty are often located farther from jobs than neighborhoods in the urban core, or in other parts of the region, and lack convenient public transportation options to move workers to nodes of employment. 3 The assumption that the poor can choose between cities and the countryside, and many sensibly choose cities is no longer as safe, as they increasingly choose the cheap real estate of the suburbs over the traditional social resources of the city. 4 Vigilannce at the Local Level Politicians and planners need to be more vigilant in their eorts to provide social services. As of yet, there ap- pears to be a risk over overemphasizing the arrival of the Creative Class. Coined by Richard Florida in 2004, this class of innovators, entrepreneurs, and young profession- als dees older models of urban development focused on manufacturing exports or concentrated in favor of a focus on innovation. The most amboyant public expenditure in pursuit of the Creative Class is the award of $100 mil- lion in infrastructure and real estate investment in pursuit Mayor Bloombergs vision of New York City as an East Coast Silicon Valley. And it is not just the biggest cities enjoying and celebrating the fruits that the Creative Class yieldcities such as Cleveland, the oft-maligned example of urban decay, have also enjoyed a surge of young adults migrating to their downtowns. 5 These projectswhile importantshould not come at the expense of providing services to the metropoliss increasingly diused poor. These innovation-oriented projects are often good components of a regional-cluster paradigm of economic development, but also ironically risk attempting a top-down model of development. If anything, the reinvigoration of cities as centers of in- novation indicates that policymakers should not worry too much about them. Brookings Katz and Muro sum- marize well: The preexistence of a [innovation] cluster means that an industry hotspot has passed the market test. By contrast, eorts at wholesale invention will likely be fraught with selection issues, ineciency, and prob- able failure and waste. 6 Policymakers should be careful not to throw money, boondoggles, and lip service at the nebulous concept of innovation while resources can be allocated toward the real, tangible market failures of pov- erty that are increasingly on the margin of their beloved innovation centers. Innovation is by necessity organic and eeting, while poverty is intractable and demands persistent attention. The challenge, of course, is that mayors and city councils do have control over the large projects within their city, whereas they reap no benets from directing resources toward citizens outside their constituencies. Self-help on a hyper-local level can be detrimental to re- gional cohesion. There is a pressing need for a framework that encourages local and municipal governments to look outwards in addition to inwards, so as to encourage regional development that benets both their constitu- encies and the region at large. A Federal Solution? Besought on all sides with self-imposed crises and paralysis, the federal government is no position to pro- vide an ambitious package of grants or matching funds to facilitate its goals. Brookings Metropolitan Policy Program summarizes: the combination of federal paralysis and sub-national purpose obliges the Obama administration to look beyond Washington and pursue national revival with a recognition that progress now depends on its co- development with states and metros. 7
Fortunately, it seems that the Obama administration has acknowledged this reality through dierent means, such as identifying 56 federally funded cluster initiatives through the Small Business Administration, 8 devoting time in the State of the Union Address to topic of regional development, and the launch of the Sustainable Com- munities Initiative, included in the stimulus bill of 2009. Although the program was small in scope, it provided a useful framework in which localities were encouraged to communicate and cooperate. Because poverty is becom- ing increasingly geographically dispersed, the ecacy Econ.indd 21 4/14/13 5:26 PM 22 and relevancy of traditional placed-based programs and grants should be put into question. 9 The Sustainable Communities Initiative is an appropriate blue print for allowing municipalities to manage their own programs and funds to greater eect. This kind of framework also presents greater opportunity for feedback on new ap- proaches in this critical time of demographic shifts. Unfortunately, the funding for the Sustainable Com- munities Initiative was gutted upon the arrival of the 110th Congress and remains inert under the 112th. A new program, referred to by the administration as SC2, follows in its steps with a similar framework and sparse fund- ing. Although unfortunate, there is cause for constrained optimism because some of the most successful programs under the Sustainable Communities Initiative suggested that providing a framework for intergovernmental com- munication alone was an eective impetus to coopera- tion. The most illustrative example of the programs goals is the cooperation between suburban communities in Westchester County, NY, outside of New York City, where outlying communities began to communicate on new trans-suburban mass transit options that would connect residents to more social and employment resources using existing funds within the municipalities budgets. 10 The cruel irony behind the gutting of the program by the new Republican congress is that its local govern- ment goals are likely to coincide with the ideology of many small government advocates. If kneejerk anti-urban prejudices and aversions to any spending of federal funds can be overcome, programs such as the Sustainable Com- munities Initiative might stand a chance to be considered by new Congresses as at least a stop-gap urban policy strategy. In this way, the intractable and dicult nature of federal politics can be seen as a blessing in disguise if it can deliver a sensible policy that encourages develop- ment led by local leaders that can best determine how to administer the new challenges brought by the recent de- mography of poverty. As Katz and Muro emphasize, the cluster paradigm of economic development eectively reects the nature of the new globalized economy. 11 However, local leadership should not get carried away with the Presidents praise and blessings. Top-down place-based projects at the local level are not the kind of innovation that can eectively test the new challenges of the geographic dispersion of poverty. In this manner, the Obama administration should be cautious in doling out praise to any mayors big-dollar initiatives without consid- ering a holistic evaluation of its regional impact. Thus we can conclude with four recommendations: t -PDBMTUBUFBOEGFEFSBMQPMJDZNBLFSTTIPVMECF aware of the changing nature of poverty and understand that resources previously accessible in dense, urban envi- ronments may no longer be in the less dense suburbs t 5IF0CBNBBENJOJTUSBUJPOTIPVMEQVSTVFUIF blueprint laid out by the Sustainable Communities Initia- tive and SC2 and urge Congress to bolster the program with additional funding. This goal should be increasingly possible as the ideology behind the program should be in line with small government advocates as well as reliable progressives. t $JUZQPMJDZNBLFSTTIPVMESFNBJOWJHJMBOUJOUIFJS application of sound policy, and not blunder through boondoggles in the name of buzzwords such as innova- tion and veneration of the Creative Class t 1PMJDZNBLFSTTIPVMECFQSPBDUJWFJOTFFLJOH solutions to the new problems presented by suburban poverty These three recommendations can contribute suc- cessfully to a future in which local policymakers can direct a more progressive vision of our urban spaces without neglecting the new centers of poverty in the suburban poor. Econ.indd 22 4/14/13 5:26 PM 23 EDUCATION Education.indd 23 4/16/13 7:28 PM 24 25 Introduction A sixteen-year-old public school student in Ar- kansas may never have a sex education class in his or her life. Arkansas state policies do not mandate sex or HIV education, and if school districts do voluntarily imple- ment such programs, the only requirements are that abstinence is stressed and the importance of sex only within marriage is included. Alabama only mandates its students to partake in HIV education classes, though the state has a paren- tal opt-out, rather than opt-in, model. If sex education classes are taught, these classes must emphasize, in a factual manner and from a public health perspective, that homosexuality is not a lifestyle acceptable to the general public . In contrast, a sixteen-year-old in New York Citys public school system is required to attend comprehen- sive sex education classes. The students parents can opt-out of certain sections relating to prevention and birth control. The New York City student will receive medically accurate information on personal health and hygiene, identifying and avoiding high risk situations, sexual and reproductive health resources, etc . Clearly, each of these high school students is receiving vastly dierent information about sex. There are very few federal laws regulating sex education in the countrys public schools. Thus, it is left up to the states and, to an extent, local school districts to create policies for sex education. There is consequently an enormous level of variation between and even within dierent states when it comes to what public school students are or are not learning about their bodies, their sexualities, and their relationships. There are few, if any, common factors that apply to all state and school district policies regarding sex edu- cation. The one common factor is that teenagers, regard- less of where they live and attend school, are having sex. According to the Center for Disease Control, among U.S. high school students surveyed in 2011, 47.4% had ever had sexual intercourse . 62% of high school seniors have had sexual intercourse , and by their nineteenth birth- days, seven in ten teenagers have had sex . State and Federal Policies on Sex Education State policies As of February 2013, only 22 states and the District of Columbia mandate sex education, and 33 states and the District of Columbia mandate HIV education . Addi- tionally, 27 states and the District of Columbia mandate that, if provided, sex and HIV education programs meet certain requirements. These requirements vary from state to state, but most are minimal. For instance, only twelve states require that the instruction be medically accurate, and only two states prohibit the program from promoting religion. 37 states and D.C. require parental involvement in sex and/or HIV education programs, but the type of involvement can range from parental noti- cation to parental consent (opt-in) or parental opt-out. Furthermore, states vary greatly in their content re- quirements for sex education programs. Only seventeen states and D.C. require that information on contraception be provided. 37 states require that information on ab- stinence be provided: 26 states require that abstinence be stressed, while eleven states require that abstinence be covered. Eleven states require discussion of sexual orientation: eight states require that this discussion be inclusive, while three states require only negative infor- mation on sexual orientation. Federal funding While there is little federal regulation regarding sex education, there are sources of federal funding avail- able to states specically for the purpose of sex and HIV education programs. Federal sources of funding include Title V abstinence only funding, the Personal Respon- sibility Education Program (PREP), and Teen Pregnancy Prevention Initiative (TPPI) grants. In 1996, as part of welfare reform, the federal government enacted Title V, Section 510 of the Social Security Act, which made funds available to states to pro- mote sexual abstinence outside of marriage. States that accepted these funds had to comply with the govern- ments denition of abstinence education, a detailed, eight-point denition with strict stipulations on what can and cannot be taught about sex. This program techni- cally expired in June 2009, but in a series of bipartisan compromises, Title V was renewed for ve years (2010- 2014) in March 2010 as part of the Aordable Care Act. $50 million is available each year for grants to the states; states must match their federal grants at 75%. In 2010, the Obama administration issued a series of guidelines for implementing this reincarnation of the Title V ab- stinence education program. While the administration clearly tried to nd ways to work around the abstinence only policies, it was limited by the strict denition of abstinence education in the statue. Under these guidelines, the Obama administration advised states that receive Title V funding to design exible, medically accurate and eective abstinence-based plans . The guidelines provide further recommendations for ways to use the funding for comprehensive programs. Despite these strides, the fact remains that there is nothing the Obama administration can do administratively to block socially conservative states from using Title V abstinence funds to implement rigid, abstinence-only-until-marriage Katherine Haller REFORMING STATE POLICIES ON SEX EDUCATION Education.indd 24 4/16/13 7:28 PM 24 25 programs that have been discredited by a wide body of evidence . A more progressive portion of the 2010 Aordable Care Act is the Personal Responsibility Education Pro- gram (PREP). PREP, the rst source of federal funding for programs that teach about both abstinence and contra- ception for the prevention of pregnancy and sexually transmitted infections (STIs), provides $55 million each year to states that apply for and receive grants for ve years (2010-2014) . Unlike the Title V provisions, there is no state matching grant required, so PREP does not cost states any money. PREP-funded programs must include content on building life skills for adulthood, and these programs are encouraged to be inclusive of LGBTQ youth. The Teen Pregnancy Prevention Initiative (TPPI) is in place for 2010-2015 with the goals of reducing teenage pregnancy and addressing disparities in teen pregnancy and birth rates . The TPPI provides grants to public and private entities to fund evidence-based and innovative, medically accurate, and age-appropriate programs that reduce teen pregnancy and other related risk behaviors . This programs focus is on reaching African American and Latino/Hispanic youth ages 15-19 . The budget for Fiscal Year 2013 funds the TPPI at $104.79 million. Proposed federal laws On February 14, 2013, two signicant bills relat- ing to sex education were re-introduced in Congress. The Real Education for Healthy Youth Act, originally introduced in November 2011, was re-introduced by Senator Frank Lautenberg (D-NJ) and Representative Barbara Lee (D-CA). If this bill were passed, it would mark a major change in how sex education policy works in the United States, requiring states to comply with federal policy provisions. The Real Education for Healthy Youth Act outlines what a comprehensive approach to sex edu- cation should look like; recognizes young peoples right to sexual health information; requires all funded pro- grams to be inclusive of LGBTQ youth; etc. The Act would further prohibit federal funding for any programs that withhold information about HIV, are medically inaccurate or proven ineective, promote gender stereotypes, or are insensitive and unresponsive to the needs of LGBTQ youth . This bills suggestion of a thorough, progressive overhaul of the nations sex education system is ground- breaking. However, the bills unprecedented switch of regulation power from the states to the federal govern- ment is a drastic change from the current system. Sex education policy has always been left to the states, and the Real Education for Healthy Youth Act contains so many revolutionary provisions that it is unlikely to pass in Congress, or if it does pass, to go unchallenged by states and school districts. On the same day, the Abstinence Education Reallocation Act was re-introduced in the House by Rep- resentatives Randy Hultgren (R-IL) and Daniel Lipinski (R- IL). This Act would reform federal funding of sex educa- tion by requiring that at least 40% of funding be used for sexual risk avoidance education whose sole focus is the development and advancement of abstinence educa- tion . The Abstinence Education Reallocation Act would signicantly set back the progress made in 2010 with the introduction of the PREP and TPPI programs. Whats Wrong with Abstinence Only Education? Advocates of abstinence only sex education programs argue that the best way to reduce the risks as- sociated with teen sexual behavior is to teach the ben- ets of abstaining from sex. But there is strong evidence that an abstinence only approach does not work. A 2007 Congressionally mandated federal report evaluat- ing Title V abstinence only education programs found that they had no impacts on rates of sexual abstinence . In 2010, Mississippi had the highest teen birth rate of all U.S. states, with 55 out of 1,000 girls ages 15-19 giv- ing birth. Meanwhile, New Hampshire had the lowest rate, with fewer than 16 births for every 1,000 teen girls . While other factors, such as socioeconomic status and access to contraception, reproductive health resources, and abortion, certainly contribute to this discrepancy, sex education policies also play a major role. Missis- sippi law states that abstinence education shall be the state standard for any sex-related education taught in the public schools , and districts and cities can only include topics such as contraception or STIs with special permission from the State Department of Education . In 2010, New Hampshire mandated comprehensive sex education that included both abstinence and informa- tion about condoms and contraception (although that law has since been repealed). Teenagers, regardless of what kind of sex education they receive (if any at all), are having and will continue to have sex. While abstinence can and should be an important part of any sex educa- tion program, a comprehensive approach that includes information about contraception is necessary. What Does a Comprehensive Approach Entail? Comprehensive sex education teaches about abstinence as the best method for avoiding unplanned pregnancies and STIs, but it also involves discussion of condoms and contraception to reduce these risks . This approach further includes interpersonal and commu- nication skills and individual values-based education. Unlike many abstinence only programs, comprehensive sex education does not promote specic religious values, nor does it prohibit discussion of and/or present biased, medically inaccurate information on controversial issues like abortion, masturbation, and sexual orientation. Several leading public health and medical professional Education.indd 25 4/16/13 7:28 PM 26 27 organizations, such as the American Medical Association, the American Nurses Association, the American Academy of Pediatrics, and others, advocate a comprehensive ap- proach . Additionally, University of Washington research- ers found that teens who received comprehensive sex education were 60% less likely to get pregnant or to get someone pregnant than those who received no sex edu- cation . Reform Recommendations How, then, can the United States move toward implementing medically accurate, comprehensive sex education programs? The following list of reform recom- mendations takes into account the evidence of failure of abstinence only programs and the need for comprehen- sive education. Given the long history of state control over sex education policy, the best avenue for progres- sive sex education reform is working to restructure state policies. Reforming state sex education policies is sure to be met with obstacles. Opposition from some socially conservative school districts and state legislatures is cer- tain. Additionally, a variety of organizations, from faith- based groups to parent associations to local, state, and national organizations, are highly interested in maintain- ing or implementing abstinence only programs and/or preventing comprehensive sex education. The following recommendations take these and other sources of op- position into account and, wherever possible, attempt to address potential and probable concerns of opponents of comprehensive reform. 1) Change content requirements for sex and HIV education. As aforemen- tioned, states vary considerably in their content requirements for sex and HIV education. 1a) Mandate that, when provided, sex and HIV education programs be medically accurate. Medical accuracy is paramount in any arena of health education, and sex education should be no dierent. In several sex education programs, students are receiving biased, se- lective, and/or medically false information about anat- omy, sexual behavior, and sexual orientation. (While, theoretically, all states should mandate sex education, in practice this universal mandate can sometimes backre. For instance, Mississippi mandates sex education, but it also mandates a stress on abstinence, emphasis on the importance of sex only within marriage, and it prohibits discussion of contraception or STIs without special per- mission from the State Department of Education. Thus, Mississippi students are required to attend sex education classes that may do more harm than good.) 1b) Mandate the inclusion of information on condoms and contraception. Only 17 states and D.C. currently require that information on contraception be provided . In many states and school districts, particu- larly those with programs that stress abstinence and/or with ties to faith-based groups, no information on con- traception is provided to students, resulting in high STI and teen birth rates. The New York City school systems comprehensive sex education model includes a provi- sion by which parents can opt their child out of lessons having to do with HIV/STI prevention and birth control . This provision can be added to state policies in order to combat opposition. 1c) Change the requirement that abstinence be stressed to one where abstinence must be covered. While abstinence only programs are ineective, informa- tion on abstinence is a vital part of any sex education program. Currently, out of 37 states that require that in- formation on abstinence be provided, 26 of these states require that abstinence be stressed . In these 26 states, the requirement should be changed so that abstinence must be covered, not stressed. 1d) In states where sexual orientation content poli- cies are negative or nonexistent, introduce an inclusive policy. Only eleven states currently require discussion of sexual orientation; of these, eight require that this discussion be inclusive, but Alabama, South Carolina, and Texas require that this discussion be negative. Negative or nonexistent policies need to be re- formed to be inclusive of LGBTQ+ youth. 1e) Include information about consent and healthy relationships. State policies should require that information about avoiding coercion, refusal and delay tactics, recognizing healthy and unhealthy relationships, etc. be included in sex educa- tion. 2) Ensure the use of comprehensive, science-based curricula. There exists a wide variety of curricula from which school districts can choose for their sex education programs. Some of these curricula are created by Chris- tian groups or organizations with a strongly conserva- tive message. It is vital that whatever curricula states or school districts select be science-based and medically ac- curate. The New York City school districts sex education program uses multiple curricula and combines elements of each. Furthermore, the NYC program has modied portions of certain curricula as was considered appropri- ate. For instance, the city worked with the publisher of the Middle School HealthSmart curriculum to remove certain lessons that were not deemed to be age appro- While abstinence can and should be an important part of any sex education program, a comprehensive approach that includes information about contra- ception is necessary. Education.indd 26 4/16/13 7:28 PM 26 27 priate . A similarly comprehensive and specially-tailored approach can be used by other states and districts to ensure that curricula are both medically accurate and ac- ceptable to parents, the community, and opponents. 3) Eliminate parent opt-in models in favor of opt- out programs. Out of the 37 states (and D.C.) that require school districts to involve parents in sex education, HIV education, or both, 34 states and D.C. allow parents to remove their children from instruction (opt-out) . Two states require parental consent for students to partici- pate in sex or HIV education (opt-in). And Arizonas policy is mixed, with an opt-in method for sex education and an opt-out method for HIV education. Opt-in mod- els make it much more dicult for students to receive the information about sex that they need. These pro- grams, currently in place in Arizona, Nevada, and Utah (with a bill in progress in the Montana state legislature as of March 2013), require parental consent before students can attend sex education classes. The parents who are least likely to opt their child in are often the ones who are most inattentive or the ones who fail to provide their children with accurate information about sex. Opt-out models are much more practical: parents will be happy with their choice to opt their child out of classes, while at the same time more students will be exposed to informa- tion about sex. An even better approach to consider is that of the New York City school district, where parents can opt out of certain sessions (those relating to contra- ception), but not out of most others. 4) Use federal funding innovatively to implement comprehensive programs. States should reject Title V abstinence only funding; or, if this funding is accepted, states should use it in accordance with the Obama administrations guidelines so that the abstinence only provisions can be skirted. (Also, the current incarnation of Title V expires in 2014 this program should not be renewed!) Rather than apply for Title V funding, in which federal funds must be matched at a rate of 75% by states, states should apply for PREP and/or TPPI funding. These funding sources do not have a matching requirement, so proponents of decreasing states budgets will be pleased to note that states will not have to pay any extra money. PREP and TPPI funding can be used for a variety of com- prehensive sex education initiatives and programs. 5) Frame the sex education discussion in terms of health education, not morality. Sex education is an inte- gral part of health education. When information about sex is medically accurate, the sex education students receive is just as necessary as lessons on nutrition, drug abuse, and mental health. It is important for states and communities to treat sex education as the health educa- tion issue it is, rather than framing it in moral or religious terms. Conclusion These recommendations for reforming state sex education policies aim to reduce the wide discrepancy in state sex education programs. It is important to work for reform at the state level, since sex education has long been in control of states and school districts, and not the federal government. However, federal sources of fund- ing like PREP and TPPI can and should be used, at no cost to states, to implement comprehensive, medically accu- rate sex education programs. Content requirements for sex education can be reformed to result in a progressive and science-based approach that, with the help of par- ent opt-out programs, will be satisfactory to both policy reformers and opposition groups. Why is it so important that states move toward providing comprehensive, medically accurate sex edu- cation? According to a 2011 Center for Disease Control study, 47.4% of U.S. high school students have ever had sex, and 15.3% have had sex with four or more partners during their lives . Among those who had had sexual intercourse during the previous three months, 39.8% did not use a condom the last time they had sex, while 76.7% did not use birth control pills the last time they had sex . These high levels of unprotected sex have consequences. For instance, the United States still has the highest teen birth rate in the industrialized world. Three out of every ten girls will be pregnant at least once before their 20th birthdays . Teenage mothers and their children are more likely to depend on public assistance, live in poverty, and have health problems. The National Campaign to Prevent Teen and Unplanned Pregnancy estimates that teen childbearing costs taxpayers at least $10.9 billion every year . Moreover, teenagers are disproportionately aected by STIs. Nearly half of the 19 million new STIs each year are among young people ages 15-24 . Girls ages 15-19 have the highest rates of gonorrhea and the second highest rate of chlamydia of any age group; boys are also aected, but they are less likely to have symp- toms or seek medical care, so their infections often go unreported and undiagnosed . Eorts to curb adoles- cent sexual behavior through abstinence only education have proven unsuccessful. Teenagers will continue to have sex. If adolescents do not receive the necessary information about sex, contraception, and STIs, the teen birth rate and STI rate will continue to be disproportion- ately high, costing taxpayers billions of dollars annually and leading to devastating eects on young peoples lives. Comprehensive sex education in all public schools is the best and most feasible way to ensure that when teenagers do have sex, they will be educated, safe, and aware of its consequences.
Education.indd 27 4/16/13 7:28 PM 28 29 Introduction A performance of classical music is an internal dialogue which starts in the practice room with score study and practice, centering on deep artistic reection to be innovative. Yet unlike the contemplative and lonely lifestyles of the Roman Catholic religious, this reection begs to be heard, losing its metaphysical identity in be- ing quietly unheard. A performance is thus a paradox: while deriving meaning, value, and existence in the noise and bustle of the public sphere (the concert itself ), a per- formance also nds meaning, value, and existence from the pure silence of self-reection (practice and prepara- tion). And as a metaphysical paradox, a performance as a concept must endure the consequences of being a para- dox: questions regarding its logical coherence. Further, if the paradoxical performance is an expression of classical music for us the listeners (the recipients of music and members of larger society), these performances leave au- diences confused and perhaps conicted about musics meaning and societal relevance. This tension is perhaps most apparent within the sphere of public school music education; in the face of the recent economic recession, music education has consistently needed to defend its right to live and often failed to justify itself. As a result, music programs throughout the nation have been slashed. Thus, we as classical musicians must take the time to reect upon our art and rigorously rethink both it and our role in society in relation to our art. In particular, we need to challenge present concepts of art and justify our- selves to a society which is waiting for the paradoxical performance to be intellectually explained. I would like to begin this process by examining a ubiquitous archetype of the classical music experience: the violin recital. In examining the microcosm of the violin recital, I will derive ideas on classical musics place in society as a pedagogical force. Establishing a Framework: e Violin and His Artist We can begin with the violin. While the smallest of the string instruments, the violin is, much like John Blackings mbira, an object deeply imbued with an entire historical and cultural background. As such, the violin for classical musicians is something beyond a mere tool or instrument; rather, it semiotically associates with such concepts as virtuosity, melodic and sociological domi- nance, leadership, and artistic condence (otherwise referred to as arrogance by the cello section of or- chestras). And as a cultural receptacle of such concepts, the violin has a power of its own, a concept perhaps most aptly illustrated by the will or personality which violinists and luthiers attribute to violins (e.g. this violin will make you a better performer or you are a violinist, therefore you must have these personality traits, etc). It is in this spirit that I would like to discuss the idea of dialectic as present between the living, cultural force of the violin and the breathing mortality of the human violinist. We can frame this discussion by drawing on Christian body-spirit dualism, wherein body is associ- ated with limits (the physical and spiritual limits of the human condition, especially associated with death in Christian frameworks) and wherein spirit is associated with an unlimited existence (transcending the body and inhabiting a world beyond, especially as associated with Platonic forms). These labels help us to understand the cross-related nature of the violin-violinist relationship, wherein both violin and violinist can be associated with either the body or spirit label. In labeling the violin as body and the violinist as spirit, the violin becomes associ- ated with the physical limits associated with the instru- mentthe awkwardness of the violinists physical con- tortion around the instrument, the technical demands of the instrument itself, etc. Meanwhile, the violinist as spirit becomes associated with his musical ideas, i.e. the transcendent of his idealization of what could come of the musical score. Conversely, when the violin is labeled as spirit and the violinist as body, the violin comes to embody what potentially could come of the instru- ment and thereby puts the burden of the performance on the violinist (e.g. this violin is fantastic and has been played by the greats; the violinist must better himself to match the potential of what the violin can give). In this line of thought, the violinist becomes associated with his limited physical capacity. Herein, we see a constant back and forth between the violin and the violinist which informs the dialectic nature of performance. By renegotiating the line be- tween body and spirit, both the violin and violinist are grappling with their identities, limits, and each others ex- pectations in order to become something beyond them- selves. This dialectic, dance, and/or relationship becomes the very basis of what performance is: self-development. Contextualization: e Violinist and the Audience We can contextualize this micro-dialectic within the larger macro-dialectic between on-stage (the artist and his violin) and o-stage (the audience) elements. Once again, we can unpack the more complex semiotics of the violin recital. In line with popular twentieth cen- tury conceptions of art, the artist and his violin become THE VIOLIN AS A SOCIAL METAPHOR Kevin Lee Education.indd 28 4/16/13 7:28 PM 28 29 the world and inhabits the fantasy world of the concert hall. Meanwhile, the audience, as members of society who come to watch this fantasy world of art, rep- resent the opposite experience: integration with society, the capitalistic judges of relevance, and the statistical objects of larger trends. Thus, the concert hall is a diplo- matic coming together between the transcendent and the non-transcendent; here again, we see a dichotomy between the spirit (the transcendent artist) and the body (the non-transcendent audience). But what is the nature of this diplomacy? The violin- ist physically and sonically dominates the silent hall. The music he plays is his psychological attempt at aecting the still free bastion of human free will which is unfet- tered by the concert halls rules: the audiences minds. Thus, performances are usually the violinists attempt at bringing the audience into his fantasy world of art. We might thus state that the violinist has the power to create an Orwellian dystopia within this fantasy worldthat this reects a more tyrannical side to art which St. Augustine warns against in his Confessions. And yet, there is a somewhat opposite view ascribed to by Plato, wherein the violinists fantasy world is reec- tive of a benevolent pedagogy rather than a nightmar- ish dystopia. In contrast with Orwells dark vision of a controlled society, Plato reminds us in his Republic that music has the ability to properly dispose citizens to a desirable morality. Thus, we witness the double-edged sword which poses a problem for audiences: art is incred- ibly powerful, and in trusting an artists art, audiences are trusting the artist. Therefore, while the concert is a powerful exhibi- tion of self-development, audiences must question the trustworthiness of these exhibitions. Thus, the violinist must establish trust between himself and his audiences, and in doing so, the violinist must negotiate between the artistic fantasy and the audiences world of social integration. The violinist, in attempting to successfully gain larger audiences, must understand the concerns of his audiences. Consequences: An Art Sensitive to Civic Engagement This model thus negates the dominating art for arts sake mentality, wherein the violinist is encouraged to ensconce himself within the fantasy world of the de- contextualized art world. While this approach attempts to create an art experience unsullied by the real world (thus creating a transcendental experience as proposed by ETA Homan), the current crisis in classical music has brought the importance of audiences to the forefront. Orchestras, opera houses, classical radio stations, etc. are undergoing deep nancial constraints, especially as a re- sult of exponentially diminishing audiences, and amidst the sea of grey heads, one cannot help but feel that clas- sical music is sounding its doom as an art form. Thus, the classical music world is feeling the con- sequences of being a metaphysical paradox. In being an art form which constantly negotiates between the introspective and extroverted, it has erred on the side of introspection and fantasy, thus becoming an insular cultural phenomenon which has been misunderstood as elitist and antiquated. In other words, classical music has been labelled as introverted, unable to compete with its extroverted pop music cousins. But, as author Susan Cain would assert, introverted does not mean misanthropic or useless. While I will not claim that classical music has a universal beauty or an inherent aesthetic power, I will state that there is much that is beautiful in classical music, as evidenced by the large number of professionals, amateurs, and others who are the lifeblood of this art form. And, as outlined earlier, the concert experience provides a deep metaphor for self-development. However, this metaphor will stay a metaphor unless acted upon by an outside forcethe audience. Thus, musicians must renegotiate the metaphysical paradox of the concert experience by prioritizing civic engage- mentby (i) taking risks beyond the strict sociological structures which bind classical music to itself and by (ii) understanding that art is merely the vehicle for inspira- tion rather than being inspiration in and of itself. As the theologians might say, we have mistaken the means for the endthe music for inspiration. Having seen beauty, musicians must lobby for this beauty in the public forum. Therefore, it is necessary that we as musicians engage the public forum, and thereby the experiential experience of life, without reserve. In engaging, we must understand how to preach without being pretentious, teach without being holier than thou, and determined while constantly being patient. Thus, we must be able to step down from our Justerian castles in the air and remake our existence within a real- ity removed from the fantasy world of our making. Policy Application: Music in the Public Schools This theoretical model can perhaps be made more concrete in its application to the public school music education system in the United States. In attempting to educate Americas children, orchestra programs have copied the protocol of the classical music world: class- room time structured as orchestral rehearsals, hierarchi- cal seating patterns, concerts with conservative styles of presentation, etc. Having grown up in this system, I agree with its greatest supporters that there is a great power to programs like these in tapping into the creative potential of students. However, the programs, much like the clas- sical music world, have often been interpreted as acces- sories to the larger and more important core academic subjects of English, History, Mathematics, and Science. In a school system which has traditionally focused on these Education.indd 29 4/16/13 7:28 PM 30 31 physical education programs like football teams, music and the arts have been neglected in the face of income scarcity. Previous arguments for music and the arts have centered on its benets to students, be it qualitatively (creating a more expressive and sensitive citizenry) or quantitatively (e.g. a raise in SAT scores). However, despite these arguments, arts programs carry with them the burden of being associated with the introverted nature of the ne arts. Thus, while we might argue for the arts benets to students, we argue for bringing them into a fantasy world apart from the immediate needs of the community. And while this may be educational in and unto itself, arts programs lose in competing with other programs (especially sports programs) which can claim to being both educational (building character, like arts programs) and socially relevant (school spirit and community building based on sports exhibitions, etc.). Thus, drawing on our previously laid out model can be important herein combatting the ne arts reputation for being a fantasy world which has little relevance to the real world, we can best argue for its social relevance by being socially relevant to its audience (the community). This includes holding concerts for local charitable causes in need, performing outreach concerts for the neglected (such as at hospitals, prisons, and nurs- ing homes), holding community-centered events which go beyond the traditional classical concert format, etc. As a school is a representative and part of the local commu- nity, its arts programs should likewise be integrated into the fabric of the local community and enrich it through the processes which enrich its participants. By doing so, it directly lobbies to that which can most eectively save arts programspublic opinion. Conclusion Therein, we must remake the image of the con- cert hall in the image of reality, wherein our carefully considered art pieces of self-development are actively integrated into the fabric of a new, technological, and collaboratively social world of civic engagement. With this mindset, we as musicians will be better able to ad- dress the aesthetic and philosophical concerns of the 21st century and thus allow ourselves (and the inspira- tion we forge) to remain socially relevant. Classical music will thus become a dialectic for the many. Background The current European Union faces numerous economic, social and political problems. Theses have been advanced within the academic community that strengthening the European Central Bank, coordinating scal policy and/or creating a European Commission President would x some of these issues, but I argue that the problems within the EU run much deeper than these policy changes have the capacity to solve. If the EU is to survive as a democratic governing body, its constituents/ citizens need to start identifying as Europeans and func- tioning in some ways as a unied Europe rather than a confederacy of European states. Opponents to my argu- ment might say that the EU should never have been cre- ated or that it deserves to be broken up now, but I would respond that especially with economic and monetary union (EMU) and the common currency, the dissolu- tion of the EU is unfeasible and denitely the worst case scenario right now. Instead of dissolution, solutions must be developed to strengthen and improve the EU so that it will become the democratic, sensible institution that it was always meant to be. Improving the European identity is crucial to saving the EU. Europeans will only work for a collectively better Europe and hold their EU elected ocials to a standard of democratic accountability if they have a sense of col- lective identity and a stake in the European future. Fritz Scharpf in his book Governing in Europe: Eective and Democratic? argued that public accountability is neces- sary for democratic legitimacy even if one solely con- ceives of the EU as a regulatory system. Scharpf argued that democracy should be measured based on whether it functions by the people and for the people. He called this idea the input and output measures of democracy. Based on his denitions, input-oriented democracy is when people aect their government and hold it ac- countable, while output-oriented democracy is when the government serves the people. Scharpfs argument is that the EU will never have input-oriented legitimacy, because there is a lack of a pre-existing sense of collec- tive identity, the lack of European-wide policy discourses, and the lack of a Europe-wide institutional infrastructure that could assure the political accountability of oce holders to a European constituency. He conceded that to a certain extent the EU does have output legitimacy, but he contended that the EU has a democratic decit, because it does not have any input-oriented democratic legitimacy. Richard K. Herrmann and Marilynn B. Brewer IMPROVING THE EU IDENTITY PROBLEM THROUGH FOREIGNLANGUAGE EDUCATION POLICY Kendall Tucker Education.indd 30 4/16/13 7:28 PM 30 31 in their book Transnational Identities: Becoming Euro- pean in the EU agreed with this sentiment when they wrote, mass-based identity with a community makes governance easier. Their argument was that the EU does not function to its fullest potential, because people do not have a sense of European identity. EU citizens are overwhelmingly uninterested or disdainful of EU gover- nance, which means that for the most part they do not hold their representatives accountable and fail to advo- cate for eective/meaningful policies. Numerous programs have been implemented within the EU to try to deal with the lack of a European identity. As Richard K. Herrmann and Marilynn B. Brewer wrote in their book Transnational Identities: Becoming European in the EU, Decades of eort have been de- voted to making the European Union, institutionalizing its integrative purpose, and promoting the emergence of a European political identity that could underpin and legitimate its governance. Programs that have been put in place to foster a European identity include education, mobility and information sharing policies. The most well- known program that includes all three of these policy areas is the ERASMUS program. The ERASMUS program allows more than 230,000 European students each year a chance to study abroad within the EU. ERASMUS partici- pants travel to one of 33 countries and enroll in a for- eign University. Whether students learn new languages, new cultures or dierent learning styles while they are abroad, the ERASMUS program does much to strengthen international ties and to improve the quality of higher education across Europe. The ERASMUS program, although strong, is not the answer to the EUs problems. ERASMUS only serves stu- dents wealthy enough to go to University and to travel abroad. It is also facing nancial diculties and ques- tions abound about whether it will be able to be contin- ued. A related program, the Schengen Agreement, which allows EU citizens to travel throughout Europe without visas, has already started to be scaled back because many national leaders are facing a crisis of faith about the security procedures in other countries. The problem with both ERASMUS and Schengen is that they do not address the deepest root of the identity problem. Nation- al (or international) identities are created when children rst start to understand language, notice dierence and take part in culture. Because identities are formed from a very young age, the problem of European identity must be dealt with as soon as possible at home and in school.
Solution The solution to solving the European identity prob- lem is teaching EU students two European languages aside from their home language. There are 11 ocial languages of the European Union and in 1997, when the Eurobarometer did a survey, over 90% of students in the Scandinavian countries self-reported that they knew a foreign language, while 58-79% of students in the other European countries reported that. The UK was the only exception to this trend, because less than 50% of Brit- ish students reported that they knew another language. These numbers suggest that most school systems are already teaching languages outside their home coun- trys native tongue, so these programs just need to be strengthened and expanded. Not only do many European students already know foreign languages, in the same Eurobarometer study mentioned above, more than 75% of European students outside of the UK expressed a desire to learn another foreign language. This enthusiasm for learn- ing foreign languages is not surprising. As a number of Roland Tharp, Peggy Estrada, Stephanie Dalton and Lois Yamuchi wrote in their article Teaching Transformed: Achieving Excellence, Fairness, Inclusion, and Harmony for the Center for Research on Education, Diversity & Excellence, teaching students foreign languages helps them to achieve excellence, fairness, inclusion and harmony. Also, studies have shown that students with an understanding of foreign languages excel in read- ing and mathematics. More pertinent to students in the EU is that, as the European Report on the Quality of School Education said, Prociency in several Community languages has become a prerequisite if citizens of the EU are to benet from the professional and personal oppor- tunities open to them in the single market. An article for The Economist reiterated this when it said, language has replaced work visas as the main barrier to mobility. For- eign languages are key to solving the European identity problem because, as the European Report on the Qual- ity of School Education said, Language prociency is a key instrument for a common understanding between citizens of Europe and for exploiting the rich cultural heritage of Europe. Teaching two foreign languages in European schools is a good policy solution hypothetically, but the implementation of any program across countries borders will be tough. In the Treaty on the Functioning of the European Union, Article 165 tasked the European Community with developing the European dimension in education, particularly through the dissemination of the languages of the Member States. Obviously the policy prerogative is here, but any real solution should be implemented through the Open Method of Coordination (OMC) rather than through an executive or legislative order that would make home governments feel like they were being subverted. The OMC is the alternative policy method to the European Parliament, and European Com- mission. The OMC bypasses the Community Methods legislative procedures by allowing national govern- ments to agree to specied goals and to implement these goals through their own methods. The OMC has incurs signicant labor costs that increase dramatically based on increases in ridership. Using only this as a solu- tion becomes extremely expensive when there are either large number of passengers, or signicant variations in the number of people using this service. For this reason, paratransit services are useful only in providing trans- port for those who cannot use the bus. This would allay concerns that section 504 imposes too rigid a solution, and allow for the most amount of people to gain access to transport while still minimizing the per-passenger cost of transportation. Education.indd 31 4/16/13 7:28 PM 32 no way to enforce its policies, but the idea is that states who do not abide by the mutually agreed upon goals will be publicly shamed and will appear to have violated a code of conduct. In a situation like this paper describes concerning education policy, it is less likely that a country would be publicly shamed for not teaching two foreign languages, but national governments would have strong incentives to abide by these guidelines in order to benet their citizens and to keep their economies competitive. Languages encourage open borders and improved trade, so it makes sense that governments would support lan- guage programs. A coordinated education policy across state lines should encourage school systems to start teaching for- eign languages at the youngest age possible. Assuming that almost all European schools enroll students in one foreign language already, it is likely that they already have the teachers in place and the budget lined up to pay for these programs. In order to expand the school systems to allow students to take two language courses, schools should shift focus from history and literature courses to language courses. History and literature courses are cer- tainly valuable to students and should be preserved, but if languages were introduced at a young age, history and literature could be taught on a rotating language sched- ule that included the home language and the foreign languages in a well-balanced curriculum. By teaching history and literature in other languages, students would become more global citizens, they would better under- stand European history and they would become stronger at comprehending universal linguistic rules. The major drawback to teaching two languages to European students would be the budgetary concerns that this program would bring about. Politicians might be nervous about a program that would presumably raise education costs and burden previously strained systems, but hiring young, multilingual teachers and emphasizing language and cultural classes as alternatives to history and literature classes would not greatly increase costs and would provide overall economic and social net ben- ets. As was discussed above, teaching European foreign languages to EU students would provide a better sense of a European identity and more communication between countries. These eects in turn would stabilize the com- mon currency, legitimize the EU governing system and strengthen the EUs position as a centralized world power. Also, if each country decided the best method of imple- mentation for this program themselves, educational lead- ers could tailor the program to t their countries needs and the cost of education would not need not to change much at all.
Education.indd 32 4/16/13 7:28 PM 33 ENERGY & ENVIRONMENT Energy (PDF).indd 33 6/6/13 8:22 PM 34 35
In both his Inauguration and his 2013 State of the Union address, President Barack Obama stated that for future generations, the United States must take action against climate change . While his inauguration focused more on ideological reasons , his State of the Union pragmatically argued the need to move forward and out- lined general proposals to do so . For instance, President Obama declared that if Congress wouldnt take action for a market-based solutions, he would direct [his] Cabinet to come up with executive actions he can take, now and in the future, to reduce pollution, prepare our communi- ties for the consequences of climate change, and speed the transition to more sustainable sources of energy. These actions would presumably include some to sup- port wind and solar energy because President Obama pointed out that half of the new energy added last year was wind based and solar energy is becoming cheaper . However, there was an awkward and contradictory point in his State of the Union on energy: natural gas. While cleaner, natural gas is not entirely the clean energy source. After all, while burning natural gas releases fewer byproducts and emits less carbon dioxide than coal and oil, burning it still releases some carbon dioxide, a green- house gas. Despite natural gas helping to drive down carbon dioxide emission , there is a oor to these reduc- tions and thus a limit to how much it can slow down climate change. Further, it is also worth pointing out that hydrofracking, the extraction method responsible for the latest boom in natural gas production, has been accompanied with health complaints from those living near drilling sites. Because the contracts are structured to make it hard to determine the eects of hydrofracking , it would seem appropriate to do research to determine if hydrofracking was safe or not, especially in light of the EPAs report that in Pavilion, Wyoming, hydrofracking chemicals were found in ground water . There are other concerns associated with natural gas. Currently, even with the heatlh complaints, hydro- fracking is in many ways unregulated because of regu- lators lack of resources and exemptions from federal regulations, such as an exemption from reporting the chemicals being used . And yet, President Obama an- nounced intentions to cut regulations to encourage more drilling ., Another problem is that the supply of natural gas in the US. Supposedly, the US have a 100 year supply . However, this is based on industry gures, which include probable, possible, speculative, and coal-bed reserves . Looking only at proved reserves, assuming current consumption does not grow, there is only an 11 year supply within the US . This too may be over-optimis- tic because proved reserves include areas next to those being hydrofracked, which may not be as productive . So, the actual amount of natural gas in the US is uncertain and may continue to be so until there are more years on record . This could be problematic because a MIT report predicted that the use of shale-based natural gas would stunt the growth of renewable energies . However, if we stop using natural gas, it is not clear how we can quickly transition from coal to renewable energies, such as wind and solar. According to the EIA, in 2011, around 2.79 billion megawatt hours of electricity were produced from fossil fuel sources; In comparison, only around 122 hundred million megawatt hours of electricity were produced from wind and solar . Thus, the pertinent question is what policies can be used to ensure that natural gas serves as a bridge fuel to re- newable sources. In addition to the other approaches we have taken and may adopt, one other approach could be to make existing power stations incorporate increasingly more renewable sources. For example, one such system could be to concentrate solar energy to heat molten salts to generate electricity. The infrastructure to transport power already exists in this situation. Then, by doing so, we could further drive down the cost of renewable sourc- es because of mass implementation, put in place market incentives for better sources of renewable energy, and create a labor force that could help enable a transition toward a more sustainable future. It should also be noted that in the long run, through this approach and/or other policies to supplement it, we should also create renew- able energy plants placed in the most optimal areas, such solar energy plants in deserts, that can still contrib- ute to our energy grid. In the short run, this approach could lead to higher electricity costs. However, this could be dealt with by encouraging energy conservation. For instance, the government could provide grants to help individuals and businesses to make buildings more energy ecient. This would probably then create local weatherization and/or construction jobs. Congressional action would probably be needed for these grants. It may also be needed for the approach mentioned above as well, at least for existing power plants. After all, something similar to this proposal is the renewable fuel standard. According to Professor Michael Gerrard, Director of the Center of Climate Change Law at Columbia University, the EPA set renewable fuel stan- dards because a specic statue requires the agency to . Further, the EPA can only suggest guidelines for existing power plants to the states, which then implement them. However, the EPA does have the authority to create performance standards for new power plants, which could conceivably require renewables . While these tougher performance standards would be controversial , this could be a good rst step toward implementing this proposal. As stated above, to convert existing power Rayleigh Lei AN ALL ENERGY ON DECK APPROACH Energy (PDF).indd 34 6/6/13 8:22 PM 34 35 plants would probably require an act of Congress. It is important to note that this is merely a start. We still have to deal with transportation. We still have to deal with domestic energy use, such as heating and cooking. We still have to deal with agriculture and other areas as well. Still, if we can successfully incorporate renewable energy to existing power sources to spur the adoption of more renewables, then that might be a start to an all energy on deck approach that helps us create a more sustainable future. The devastating eects of climate change, from direct environmental damage to indirect socioeconomic disturbances, have become increasingly visible and have consequently attracted widespread international atten- tion. That fossil fuels are the foundation of the modern global economy makes tackling climate change all the more challenging. However, lessons from the generally successful Montreal Protocol, which targeted ozone- depleting substances, can be applied to future environ- mental international agreements. Similarly, the failures of international climate agreements thus far can inform future negotiations as long as countries with the larg- est emissions commit to action. At the Conference of the Parties in Warsaw in November 2013, the US must lead the eort to negotiate and ratify new separate but linked agreements that will engender broad interna- tional participation and include long-term commitment periods with short-term enforcement and compliance incentives. As the country with the largest share of global greenhouse gas emissions, the United States must make up for past years of inaction and show the moral lead- ership necessary to inuence other countries to com- mit to reducing their emissions. A cooperative sectoral approach is one potentially viable strategy to begin to tackle climate change that would address concerns that have thus far impeded the development of a binding and enforceable international agreement. While the 1992 UN Framework Convention on Climate Change (UNFCCC) established a basis of equity and of common but dierentiated responsibilities to be shared by developed and developing countries, the outcomes of the Doha conference twenty years later demonstrated that few countries are actually committed to an agreement with enforceable regulations. As the Conferences of the Parties in Bali, Copenhagen, Durban and Doha have shown, the development of any legal instruments to address climate change continues to be pushed back to a later date. In Doha, the parties ratifying the Kyoto Protocol agreed to extend the commitment period past its scheduled target date of 2012 and to complete, by 2015, a new protocol that will come into eect and be implemented from 2020. Given the Parties stated grave concern with the signicant gap between their mitigation pledges (or lack thereof ) and the likely increase in global average temperature, it is unaccept- able that implementation of a new agreement has been pushed back until 2020 and that it will only target ap- proximately 15% of global carbon emissions. Many of the worlds leading emitters have not ratied the Kyoto Protocol or have not committed to spe- cic targets. In A Course Adjustment for Climate Talks, Greenspan and Blechman note that, The all-or-nothing UNFCCC strategy is too easily derailed by the views or actions of one or two countries, which then become the rationale for other countries to refuse to act. It is clear that a new agreement necessitates the participation of all major emitters in order to be successful, and it is highly unlikely that developing countries will commit to an agreement if the US does not. At the same time, as Benedick notes in Ozone Diplomacy, because of the geographic size and population of the US, its economic and scientic strength, and its international interests and inuence, progress in addressing global environmental problems can probably not be achieved without Ameri- can leadership. Moreover, strong leadership by a coun- try such as the US can be a signicant force in develop- ing international consensus and is the most realistic option for encouraging participation by the worlds most rapidly growing economies, including China, India, Brazil, South Africa, Indonesia, South Korea and Mexico. A US- led agreement that acknowledges the growth aspira- tions of developing countries could encourage broader participation of both developing and developed coun- tries, since the EU claimed it would increase stringency of its reduction target from 20 percent to 30 percent below 1990 levels by 2020 if other countries would make commitments to large reductions. Ideally, a new set of climate agreements could target all carbon emissions and would be long-term. Following the precedent of the Kyoto Protocol, a future agreement of this type would also allow for the exibility of market- based solutions. However, a longer commitment period than that of the Kyoto Protocol would be more benecial in that it would increase incentives for both the public and private sector to make the investments necessary to spur technological change and innovation. At the same time, the urgency of the problem demands emissions targets for shorter time periods (such as ve-year periods from until the end of the century) to ensure that immedi- ate action is being taken. However, given the political and practical chal- lenges of developing and implementing an all-encom- passing climate agreement and the lack of international agreement as to the best methods to ensure participa- Fiona Kinniburgh TACKLING CLIMATE CHANGE Energy (PDF).indd 35 6/6/13 8:22 PM 36 37 tion, enforcement and compliance, a more promising approach to addressing climate change is that of separate but linked agreements. Several dierent approaches to breaking down the climate challenge have been sug- gested. One approach would be to target both produc- tion and consumption using a sector-based approach. The Montreal Protocol and the issues it sought to ad- dress provide an overview of some of the challenges that a sector-based approach might also encounter as well as ways to overcome them. First, the Montreal Protocol addressed issues of international competitiveness by restricting trade with countries not party to the protocol, which undoubtedly contributed to near universal partici- pation. The Protocol also set a precedent for future envi- ronmental accords in that developed countries acknowl- edged their responsibility to help developing countries implement necessary environmental policies without sacricing their aspirations for increased living stan- dards. Moreover, it created an explicit linkage between developing countries performance in terms of reducing ozone-depleting substances and the amount of nancial and technical support they received. This rst use of the concept of common but dierentiated responsibilities and the creation of the Multilateral Fund proved suc- cessful. Similarly, the compliance regime, which required annual reporting of data on production, imports and ex- ports of controlled substances, allowed parties to estab- lish plans to meet requirements. In addition, for parties that volunteered information on their non-compliance, a system was developed for establishing a plan of action that would allow them to overcome specic diculties. Though the Montreal Protocol was of a dierent nature than a climate agreement would be in terms of environ- mental objectives, the Protocols precedent for address- ing issues of political feasibility as well as economic and institutional factors is a promising sign that, given politi- cal will and leadership by the countries with the largest economies (particularly the US), a sectoral approach can play an important role in a post-Kyoto framework. A sectoral approach to addressing climate change through international policy would seek to engage a particular industrial sector on a broad international basis, thus improving eciency and reducing emissions. In a 2009 research review, Industry Sectoral Approaches and Climate Action: from Global to Local Level in a Post-2012 Climate Framework, the UN Environmental Programme (UNEP) discussed various types of sectoral approaches, the criteria for determining participating sectors, and the feasibility of sectoral approaches in a national and inter- national framework. The study includes a quotation from the Centre for European Policy Studies that highlights some important advantages of the sectoral approach: The structure of some industrial sectors is so highly concentrated that just a handful of companies are re- sponsible for producing a signicant share of that sectors total greenhouse gas emissions worldwide. [] So-called sectoral approaches are seen as having the potential to broaden the range of contributions by all parties, includ- ing emerging economies, to greenhouse gas emissions reductions, and to help moderate competitiveness con- cerns in trade-exposed industries. A well-designed sectoral approach would have participants agree to specic technology or emissions standards for individual energy-intensive, globalized commodities, such as steel, paper, aluminum, and ce- ment, amongst others. Transnational sectoral approaches can be broken down into three primary forms: voluntary industry-to-industry initiatives (such as the Cement Sus- tainability Initiative, a global eort by 24 major cement producers with operations in more than 100 countries who believe there is a strong business case for the pursuit of sustainable development ); public/private partner- ships (such as the Asia-Pacic Partnership on Clean Development and Climate, which focused on expanding investment and trade in cleaner energy technologies, goods and services in key market sectors ); and govern- ment commitments on transnational sectors. The benets to an international, policy-based sectoral approach are numerous. Firstly, it allows govern- ments of developing countries to receive recognition and support in the form of nancial and technological solutions and therefore allows for greater participation of developing countries. It would also avoid locking in carbon-intensive processes in rapidly industrializing countries, a trend that tradable carbon permits encour- ages rather than discourages. Secondly, it is more direct than other market-based solutions such as a carbon tax or a cap-and-trade program. It facilitates setting tangible emissions or technology based targets, which would help enable a streamlined enforcement and compliance regime since emissions could be quantied eectively based on strict criteria for a given sector. This would also provide opportunities for investment and would incen- tivize market-driven innovation. Secondly, provided international adoption of a sector-based approach, the agreement would minimize damage to a single nations economy. It would help circumvent diculties associ- ated with international competition and thereby prevent carbon leakage, the phenomenon whereby production shifts to countries without binding emissions targets. If necessary, trade restrictions could be used to incentivize countries to comply with the standard. The past failures of the international community to reach a viable climate agreement are a testament to UNEPs claim that climate change presents international political and business leaders with a challenge of the highest order. While it is unlikely that the US will dare to initiate any climate negotiations that may restrict its economy given the recession, it is possible that Obamas recent expression of concern in regards to addressing Energy (PDF).indd 36 6/6/13 8:22 PM 36 37 climate change (as expressed in his State of the Union speech) may inuence him to make concessions. By pro- posing a sector-based approach, the US would be showing a necessary willingness to address industry in a new and targeted way that would not detrimentally impact on any specic countries. While such an agree- ment would not necessarily prompt investments in clean energy, which are undoubtedly another key component of addressing climate change, it would be a useful rst step towards reducing emissions while new technologies are being developed. A sector-based system would allow for the type of equity adjustments seen in the Montreal Protocol and would make compliance and enforcement of treaties more manageable in the short- and long- term, promising an immediate attempt to tackle this monumental global challenge. Background The Green Movement is fueled by the younger generations, causing many colleges and universities across the country implement changes in their dorms and dining halls, making them more eco-friendly. Provid- ing green options such as recycling and composting is no longer considered progressive at university, but rather, demanded by the student population. Here at Columbia University, many of the buildings on campus are Green Buildings, and there are many opportunities to recycle all around campus. Recently, Columbia has won a Gold rating for sustainability but there is more to be done. All these initiatives are university-wide policies, making the Columbias image greener, but we can do much more to follow through on making the policies more ecient and truly create an environmentally friendly campus. The problem originates with the lack of student involvement in the above policies and environmental implementations. Although there are a number of envi- ronmentally aware student groups on campus, such as the CU Green Umbrella and the Barnard EcoReps , howev- er there isnt a widespread campaign to spread environ- mental awareness, nor do there exist many opportunities for students to become green themselves, and become environmentally responsible for their own lifestyles. Composting at Columbia One area particularly lacking on Columbias campus is composting. Composting one of the many ways to decrease our carbon footprint and go green, is one of the easiest ways to decrease ones impact, on the environ- ment, as it requires only the sorting of a meals remnants. Nationally, food wastes accounts for 34 million tons annu- ally, just shy of 14% of the total. Only 3% of this is COMPOSTING AT COLUMBIA Triana Kalmano actually composted, resulting in 33 million tons that end up in landlls . In New York City, 17% of the waste pro- duced is food waste , meaning what ends up in a landll has the potential to be turned into soil. Columbia has recently taken notice of this issue and installed a composting system, coined the rocket in Ruggles Hall. Scott Wright, Vice President of the Student Administrative Services says, On the Morningside cam- pus, composting has been the vital missing component of a consistent, aggressive dining sustainability program . e Problem Columbias recent eorts to begin a composting pro- gram are valiant, but seriously lacking in a few respects. Firstly, the university has ot undertaken a large enough commitment to make a signicant step forward. The Rocket, now up and running in Ruggles, is nowhere near large enough to sustain the entire universitys compost. Its location makes it convenient for approximately 200 of the 30,000 plus students and sta at the university. None of the other residence halls have compost bins. Composting deciencies are even more obvious in the dining halls, where most campus dining halls food waste originates. With the exception of Barnards Hewitt Din- ing Hall , the campus dining halls do not have a compost option available. This leaves diners at John Jay and Ferris Booth dining halls no choice but to dispose of their un- eaten food in the trash. However, Ferris Booth does claim the Green title. This dining hall, located in Lerner, the student center, is stocked with quick, manageable food for meals on the go. The disposable dishware and cutlery allows for take- away meals, though many students choose instead to dine-in. Designed to be disposable, the plates in Ferris Booth are paper and the bowls and cutlery are made of a corn. All dishware and cutlery is compostable- allow- ing the dining hall to erect a Green Revolution placard . But the lack of options to discard these compost-friendly utensils and the food leftovers at the end of the meal creates a problem. Though the food and utensils in Ferris Booth are compostable, there is no compost option avail- able. All students uneaten food and compostable eating utensils must be thrown into one of six trashcans, none of it being composted. Not only does this contribute to the tremendous amount of food waste produced by the university, it com- prises of a considerable waste of money- the composta- ble dishware and cutlery is signicantly more expensive than the conventional plastic plates and forks. It has been approximated that there is a one-third increase in the cost in switching from polystyrene (Styrofoam) to biode- gradable dishware. The ideas are already in place, but the system is greatly lacking. How can students be expected to become environmentally conscious if they are not Energy (PDF).indd 37 6/6/13 8:22 PM 38 39 given the chance? e Solution As soon as the University installs compost-collecting bins around campus, the dining and residence halls, there emerges the problem of what to do with the compost. A clear solution is modeled by Barnards dining hall, Hewitt, which has a composter. Implementing one in each Columbia dining hall would be the rst necessary step towards a successful composting program and a greener university future. Once these composters are installed, a simple col- lection plan for the food that would have been taken to a landll, now in the form of compost, needs to be created. This would dier from the normal waste collection proce- dures minimally. In locations where there are trashcans, paper and bottle recycling, composting can also be installed at a low cost. This will allow students and faculty to decrease their own carbon footprint, as well as lower that of the university. The compost collected from the dining halls turns quickly into nutritious soil, with which there are endless possibilities for usage. One incredible resource right on campus is Barnards Green House and Green Roof. The Barnard Green House is a vast 3,400 square feet, contain- ing a variety of plants used for research and teaching. 10 The greenhouse would benet greatly from the nutrient- rich compost generated by the university. Additionally, the universitys award wining landscaping has thousands of plants and trees that could also benet from the cam- puss food waste. Another incredible opportunity for the usage of the compost is the New York City Green Thumb Gardens located throughout the city, are community gardens that provide locals and passersby with a natural environment to relax, view artwork, or even farm. Many of these Green Thumbs need volunteers and compost to help build the garden. A donation of the campuss com- post would be extraordinarily benecial to these corner gardens, providing fertilizer to the plants and ultimately the neighborhood wellbeing. Our Environment, Our Future Going green is the coined term for environmen- talism that focuses on conservation and other forms of improving the health of the environment. Some of the most common ways people have been going green including driving less and taking public transportation more, turning of lights and water when not in use, and recycling. Even the US government, as discussed in the 2012 Roosevelt Review , is going green and investing mil- lions in sustainable energy developments. At the State of the Union Address in February, Obama announced intent to implement a cap-and-trade-like policy , reducing the countries carbon emissions. Now that environmental conservationist policies are in eect, it is time to make them ecient. It is no longer enough that our university appear green from the out- side. Our actions must match our words. As a leading higher education institution it is our responsibility to be a green role model and do what we can to help the environment and local communities. It is possible to do so at a low cost, and more importantly, with a benet to our campus and surrounding neighborhood. By setting an example and implementing a widespread compost- ing policy on our campus students will be able to see the cycle of food waste becoming new material rst hand. Daily interaction with waste deposit ensures daily envi- ronmental awareness. Although it is extremely important to minimize our environmental impact, it is even more important to understand why we need to do so. Ways to Go Greener Until Columbia Can Too: - Compost from your room: all you need ls a bln wlth a lid, or a plastic bag - The Parmers' Market located on 8roadway and w ll5th has a compost collecting station: you can empty your personal compost there on Sundays (8am-1pm). - Por more lnformatlon go to www.grownyc.org/colum- biagreenmarket
One of the most disappointing trends over the last few years has been a backsliding of ocial U.S. trade policy into protectionism and strategic trade. Although the progressive tone on free trade is mixed, most policy makers agree that freer trade improves productive ef- ciency and oers consumers better choices. In the long run, these gains improve the standard of living on aver- age and are much larger than any short-term eects on unemployment. 1 One area in which protectionist policies have been inhibiting economic eciency is in the natural gas trade. Since 2009, the price of natural gas has dropped in nominal terms; more importantly, the relative price of natural gas against oil has dropped 60 percent over the same time frame. 2 An enormous expansion of supply has sustained the decline in natural gas prices -- the U.S. now is trying to shrink a glut of natural gas. Natural gas also has true promise as a transitional energy source between higher-pollutant fossil fuels -- coal and oil -- and even- cleaner alternative energy over the very long term. Given surplus in the U.S. and higher natural gas prices in Europe Sharin Khander NATURAL GAS AND NATIONAL INTEREST: A BRIGHTER FUTURE FOR RENEWABLES Energy (PDF).indd 38 6/6/13 8:22 PM 38 39 and Japan, American producers of natural gas would like to export some of their production as LNG. Many policy- makers have suggested taxing these imports in order to fund clean energy research. This would open up op- portunities for both the private sector and vital research that has been put on the back burner in Congress due to partisan opposition and the looming scal crisis. Yet, the federal government is standing in the way of a more promising future for renewables by promoting a vaguely- dened concept in trade policy called 'national interest'. Since 2004, President George W. Bush signed Execu- tive Order (EO) 13337, which decreed that all proposals for energy-related facilities which cross U.S. borders must receive government approval. More specically, it made it the prerogative of the Departments of Energy and State, through the Oce of International Energy and Commod- ity Policy, to receive, consider, and approve or decline permit applications for "for the construction, connection, operation, or maintenance, at the borders of the United States, of facilities for the exportation or importation of petroleum, petroleum products, coal, or other fuels to or from a foreign country." The Oce is responsible for de- termining whether any proposed energy facility "would serve the national interest...in such form and with such terms and conditions as the national interest may in the Secretarys judgment require." 3 Only one rm, Cheniere Energy Partners, has received approval to export LNG to countries lacking free trade agreements with the U.S., according to The Wall Street Journal. Nearly 10 other pro- posals are pending before the Energy Department, but the agency says it wont approve any additional projects until it nishes a comprehensive review of the exports impacts on the U.S. The Energy Department is expected to complete that review later this summer. 4 The Energy Department is using discretionary powers of review to eect a de facto moratorium on LNG exports, reports Bloomberg. Critics of this pose a contrary set of arguments. They fear that demand for gas exports might encourage hydraulic fracturing, threatening water supplies, and they worry that siphoning o domestic gas for export will raise costs for domestic consumers and disadvantage Ameri- can manufacturers that benet from low-cost fuel. There are also national security concerns. Some see an oppor- tunity to frustrate the two biggest holders of natural gas reserves: Russia and Iran. Critics would prefer that natural gas be used to replace oil in American automobiles. In a recent study, the New York Times estimates that American rms could make up to $3 billion per year by producing and exporting liqueed natural gas. 5 Its true that gas- dependent industries would have to pay more because of higher gas prices, but those costs would be substantially smaller than the benets. But there are bigger stakes involved than just money. A decision to constrain natural- gas exports could have dangerous reverberations for American trade. Critics are, however, correct in point- ing out that exporting natural gas could increase en- vironmental risks to communities where natural gas is extracted. Even so, a recent report from the International Energy Agency makes clear that inexpensive steps could substantially mitigate those dangers. 6 It will take years before any export terminals are up and running in the meantime, producers and regulators should strengthen safeguards so that gas is extracted safely. Exports would also raise natural gas prices a bit, adding as much as $50 to the annual electric bills for the poorest American households by the end of the decade. But the federal Low Income Home Energy Assistance Program could help shield the most vulnerable as long as its nancing is protected. National interest determination is the new face of protectionism in the United States. In the long run, the national interest is best served not by empowering the Energy and State Departments to restrict energy trade in its name, but rather through strong and consistent American support for trade liberalization. Removing this barrier from natural gas imports would not only balance trade decits and secure America's role as the world's top energy producer but would also provide funding for clean energy research. Executive Order 13337 should be rescinded immediately. The United States, which has imported natural gas for many years, has long beneted from a relatively open system for global trade in energy. Allowing natural-gas exports while protecting the envi- ronment and low-income consumers is the right way to go. Energy (PDF).indd 39 6/6/13 8:22 PM 40 41
Everyday, it becomes increasingly evident that the United States has to reform its energy market to increase overall eciency and curb carbon emissions. Investing in certain cleaner fuels should decrease our overall emissions and create the bedrock for an entirely domestic market un-reliant on global markets. Algal fuel, a carbon neutral, entirely domestic, and energy ecient source, could be the key, or at least a stepping-stone, to achieving these goals. e implementation of more algal fuel research would indicate the US is dedicated to food security as well. In- stead of using our crops for fuel, we would instead attempt to make them cheaper by decreasing their fuel consump- tion and leaving a larger supply for domestic and interna- tional food programs. Under current US law, 40% of all corn grown must be used for the production of ethanol. e UN, NGOs, and several think tanks have lambasted this policy because they perceive it as having jacked up food prices. Investing in Algal fuel could wean us o of the use of agrarian products for fuel. In December of 2007, President Bush signed into law the Energy Independence and Security Act (EISA), which included a mandate that at least 36 billion gallons of bio- fuels a year be produced by 2022, mainly in the form of ethanol. 1 However, we have seen more problems arise as a result of this policy, and not even a small dent in our CO2 emissions. In fact, the Congressional Budget Oce found that reducing CO2 emissions from burning ethanol costs at least $750 per ton of CO2. 2 Some scientists have pro- posed that biofuels, in fact, increase our overall emissions. Experts not that it has hurt our food exports. 8 bushels of corn, enough to feed a person for a year, are used to make 21.6 gallons of ethanol. 3 US ethanol production consumes 40% of the countrys corn; the National Academy of Sci- ence concluded that 20-40% of the price increases in 2008 were due to biofuel expansion. 4 e World Banks August 2012 Food Price Watch cited the mandate, along with corn used for livestock feed, as creating substantial competition to the use of maize for food purposes, raising the agencys Food Price Index by 10%. 5
Title II, Section B of the EISA stipulates that the DOE conduct research of algae as a feedstock for biofuel pro- duction, and we have already begun doing so. While cur- rent production of algal biofuel is nowhere near reaching the 36 billion gallons in the scal year 2022, as stipulated by the EISA, it could still have a fundamental role to play. We can invest in algae to gradually wean ourselves o of etha- nol, and later on move for a new mandate on Biofuels, in a new Energy Bill, to be pushed for in Congress. We should instead look to the potential of Green Crude, produced from algal farms, along with our continuing investments in wind and solar energies, and work to establish a competi- tive and innovative industry. Algae could be the instru- ment for reforming and drastically improving the biofuel industry altogether, as scientists project that it can produce more than 80 times more oil than corn per hectare per year. 6 One of the most important dierences between corn and algae is that the latter does not require arable land, only space on which to build and sustain their tanks. Another essential quality of algae is inherent in its structure. e Aquatic Species Program the Department of Energy un- dertook from 1978 to 1996 showed that some algal species were found to accumulate as much as 60% of their dry weight in the form of lipids, which is a far greater percent- age than that of ethanol based biomass. 7 is gives algal crude a higher energy density, making it production more ecient than other biofuels. 8 Furthermore, nearly all of algaes energy is concentrated in its chloroplast, its compo- nent that turns sunlight and CO2 into organic carbon. Its number-one nutrient source is CO2, and consumes 13-14 kg of CO2 per gallon of green crude. 9 is could conceiv- ably make it a more carbon neutral fuel than any other biomass. Green Crude is a liquid substance produced from algae grown in large tanks of water, fed mainly by sunlight and CO2. 10 Potentially, we could have kilometers of tanks in deserts producing the fuel, with near consistent sunlight to let them photosynthesize. Constituencies that would favor this type of industry are in Texas, Arizona, and other southern states. While burning algae will still release emis- sions, Researchers have pointed out that the algaes photo- synthesis, which essentially sequesters carbon, can make development of this fuel carbon neutral. Investing in algal biofuels could ultimately curb our emissions, give us more energy eciency, and create a home-based market for fuel that will ultimately create thousands of new jobs that can- not be outsourced. Many are concerned about the water-intensity of these potential farms, and whether they would detract from ir- rigation. Yet algal tanks can utilize a wide range of dier- ent water sources, including brackish, salt, and wastewater, thereby reducing competition for freshwater. Like other biofuels, algae absorb CO2 from the atmosphere for photo- synthesis. And yet it does not require the nutrients found in soil: only water, sunlight, and CO2. is past summer 2012, Sapphire Energy opened their Green Crude Farm in New Mexico, having received an ad- ditional $85 million from private investors along with the federal funds. 11 It is the worlds only commercial outdoor algal biorenery, stretches to 30 acres, seeks to expand to 300 acres, and ultimately aims to extract 1.5 million gallons of green crude oil a year from patented algal ponds, fed only by carbon dioxide and sunlight. 12 Currently, Sapphire A BIOFUEL THAT DOESNT REQUIRE FOOD: ALGAE Swara Salih Energy (PDF).indd 40 6/6/13 8:22 PM 40 41 has a fuel capacity of 1,00,000 gallons a year, thanks in large part to public and private investment in the company. We can see with the Sapphire example that algae energy, with enough proper investment, could become a market player. e Industry as it stands now does not allow algal crude to play a signicant role in the energy market. Algal fuel costs about $8 a gallon, and that same gallon could require up to 350 gallons of water to produce. A study by the Rand Corporation concluded that algal fuels are at least ten years away from marketability. 13 Researchers at Heliae, an algal biofuel company, have estimated that production costs will decrease enough in 5-10 years for algae to be an eective player in the market for transportation fuel. Pike Research estimates that it could be a 61 million barrels a year com- modity with a market value of $1.3 billion by 2020. 14 Ad- ditionally, a study in 2011 by Pacic Northwest National Laboratory (PNNL) delineates that Algae energy produc- tion could cut up to 17% of US oil imports. e study conveys that if algal farms are situated in humid areas, we could in fact curb the amount of water needed to sustain it. e researchers found that if algae energy were produced in the sunniest and most humid US regions, such as the Gulf Coast, the Southeastern Seaboard, and the Great Lakes, then water usage would be less overall. 15
A tax break for algal development is needed to speed production and increase the fuels market viability. We should also push for the passage of a new energy bill that requires at least 35-45% of biofuels in 2030 be constituted from algal crude. is might seem ambitious, but it is still a necessary step to decrease our reliance on ethanol and reduce the price of corn. ere are several programs and pieces of legislation that we could encourage as well to hasten the development of the industry. Apart from federal funding, algae R&D has various state funding programs and research support from private industries. Overall, private investment in the past few years has been increasing signicantly, and is now outpacing gov- ernment funding. 16 Besides Sapphire, BP, Chevron Corp, and Exxon Mobil all have investments in Algae. 17 Exxon in particular, alongside Synthetic Genomics Inc., a biotech company, began a $600 million investment in Algal biofuels in 2009. It is clear that private investment in algal biofuels far outpaces the Federal governments. We have already seen companies like Exxon pour millions into Algae R&D. Establishing public-private relationships with these compa- nies, in which we send our own scientists and researchers to work with theirs, could have several benets. We could determine the optimal areas to grow algal farms, develop models of the price per gallon and per barrel currently and within the next several years, and determine which actions are needed, such as tax breaks and tax credits, to create more economic incentive for these companies to produce the fuel. Like other forms of renewable energy, such as eth- anol, we could see a free-market for algae that benets from government subsides, essentially a public-private hybrid. ere are several pieces of legislation from the past several years that could give algal fuel a stronger pres- ence in the biofuel market. Sapphire used to benet from the Alternative Fuels Mixture Excise Tax Credit, which incentivized algal fuel production by giving them a $0.50/ gallon tax incentive for each gallon of fuel produced. 18 is tax credit, however, expired Dec. 31st, 2011. If we want to see algae become a viable market player, this tax incentive must be reinstated, and must even be expanded to bring the price per gallon substantially below the current $8. In April of 2011, legislation was introduced in the House to speed up the reduction of algal crude develop- ment costs. e Quantifying Renewable Chemical Pro- duction Tax Credit Act of 2012, introduced by Democrat Representative Bill Pascrell and Republican Representative Brian Bilbray, if passed, would create a tax credit for the production of biofuels from corn, non-harvested wheat, soybeans, and algae. 19 We have already seen the wind en- ergy sector benet with such a tax credit , which has seen its gigawatt capacity increase exponentially in the past de- cade. 20 e same could happen for the Algal Fuel industry. e Obama administration has already given support for startup costs. Earlier this year in February, the Presi- dent outlined a $14 million round of R&D grants for algal biofuels. 21 In a speech, the President echoed the PNNL: We could replace up to 17 percent of the of the oil we im- port for transportation with this fuel that we can grow right here in the United States, he said, at means greater energy security and a stronger economy. e President is also seeking to begin construction on at least four commer- cial-scale reneries for biofuels by 2013. 22
e approach to stimulate viable market for algae undoubtedly appears risky, but the US has used such an approach with ethanol, wind, and solar energies. Tax incen- tives for corn-based biofuels have helped production levels reach 12,000,000 gallons in FY 2010. 23 Current levels of algal fuel production are at 1,000,000 gallons/year. Because the research is still in its infant stage, and because it cur- rently requires a substantial amount of water and fertilizers, it may be at least a decade before algal farms produce these levels. However, if companies increase the focus on usage of wastewater and saltwater for algal ponds, they could consume less freshwater that would be put to better use for agricultural development. If the private and public sectors increase investments in long-term projects, we could see algal fuel become a major market player by 2030. If we experiment with using salt water for algal tanks, could see new methods of saving freshwater, decreasing production costs and saving water for our agriculture. With proper investment, commitment, and vision, algal crude could be the biofuel of the future, and will curb food wastage in the United States. Energy (PDF).indd 41 6/6/13 8:22 PM 42 EQUAL JUSTICE 43 Stephanie George was 26 when she was sentenced to life in prison without parole. A single mother with three children, Stephanie became involved in illegal activities while she was dating a man who sold drugs. Stephanie occasionally helped her boyfriend by mak- ing deliveries. When she was 23, police caught her in a drug deal. Following her arrest, she served three months in jail. Three years later, police raided Stephanies house and found powder cocaine and a large amount of cash in a safe in her attic. Her ex-boyfriend, who held the key to the safe, testied that the drugs and the cash were his. Stephanie was taken to trial and charged with possession of the cocaine. Due to her prior conviction, Stephanie met the criteria for a mandatory life sentence. The judge who sentenced her objected to the charge, stating, Theres no question that Ms. George deserved to be punished. The only question is whether it should be a mandatory life sentence ... I wish I had another alternative. He characterized Stephanies involvement in illegal activities as minimal your role has basically been as a girlfriend and bag holder and money holder. So certainly, in my judgment, it doesnt warrant a life sentence. In Stephanies case, as in all cases where mandatory sentences apply, the judge was forced to set aside his evaluation of the facts of the case and grant a sentence he considered to be unreasonably punitive. The mandatory sentence law gave him no choice but to send a 26-year-old woman to prison for the rest of her life against his professional judgment. Mandatory sentences are laws requiring that specif- ic crimes receive a certain sentence. There are two types of mandatory sentences. Mandatory minimums specify aminimum number of years that a defendant must spend in jail for a certain crime. Sentence enhancements add time to a sentence based on aspects of a crime, such as whether a gun was involved. This piece will focus specically on the issue of mandatory minimums. Most mandatory minimums specify sentences for drug crimes. Several decades ago, these laws fell out of favor: in 1970, Congress repealed many of its mandatory mini- mum laws. At the time, the report issued by the House of Representatives stated that these sentences did not allow judges to take the circumstances into account, put serious oenders and casual oenders at the same level, and led to sentences out of proportion to the crime. Mandatory minimums returned, however, during the War on Drugs as public sentiment turned against drug use. In 1986, Congress passed mandatory minimums for possession of crack and powder cocaine after basketball player Len Bias cocaine overdose led a public outcry. From the mid-1980s to the mid-1990s, Congress passed 20 new mandatory minimum laws for federal crimes, and all states implemented one or more for state crimes. The U.S. has far more mandatory minimums than any other countryjust a few other countries have any mandatory sentences, and those are limited and less constraining on judges. Mandatory minimums are fundamentally at odds with the principles of sentencing in the United States because they remove a judges discretion. In a typical sentencing for a criminal charge, a judge calculates the advisory sentence using formulas provided in the United States Federal Sentencing Guidelines. The guidelines provide a range, and the judge then assesses the evi- dence to determine whether to grant a sentence within that range, or whether to depart from the guidelines based on mitigating circumstances. This system provides a necessary balance between the need for uniformity between sentencesfor the same crime, and the need for judicial discretion to take account of the circumstances of specic crimes. Judges determine a sentence based on the four principles of punishment: retribution, deter- rence, incapacitation and rehabilitation. A sentence should only be long enough to fulll these principles; anything longer is unjust and does not provide any ben- ets to society or the individual being punished. Manda- tory minimums do not take these principles into account. By applying one standard sentence to all defendants convicted of a certain crime, they remove the judges ability to determine what sentence would best fulll the principles of punishment. Under the system of manda- tory minimums, discretion is concentrated in the hands of prosecutors rather than judges. Prosecutors decide whether or not to pursue charges that carry mandatory minimums, and once they make this decision, the judge has no choice but to award the mandatory sentence if the defendant is proven guilty. Prosecutors can use the threat of a charge carrying mandatory minimum to persuade a defendant to plead guilty to a lesser charge. Granting all of the sentencing discretion to prosecutors rather than judges is problematic because a prosecutors role is to extract a strict sentence, while a judges role is to award a fair sentence. Judges are expected to adhere to the principles of punishment, and to justify their deci- sions for awarding a sentence in open court. By contrast, the process through which a prosecutor decides whether to pursue a charge carrying a mandatory minimum is not at all transparent. According to Judge William G. Young, a federal judge in Boston, Prosecutors run our federal justice system today. Judges play a subordinate role necessary yes, but subordinate nonetheless. Defense counsel take what they can get. Prosecutors themselves are not to blame; the system is at fault. Mandatory mini- mums take away a judges power to ensure a fair sen- tence in each case. Grace Rybak MANDATORY MINIMUMS: SENTENCING TO INJUSTICE 44 Supporters of mandatory minimums typically argue that they serve three purposes: ensuring uniformity be- tween sentences, promoting transparency, and deterring potential oenders from committing the crime. In reality, this logic is very awed. Mandatory minimums do not result in uniformity or transparency because prosecutors decide whether or not to pursue a charge that carries a mandatory minimum. This decision is made behind closed doors, and unlike sentences granted by judges, the justications for the decision are not placed in the public record. The third justication for mandatory minimums, deterrence, is not borne out by the evidence. Data taken over 30 years indicate that mandatory minimums do not play any role in deterring serious crimes. Mandatory minimums for drug tracking are particularly futile because evidence shows that drug dealers on the street are replaced quick- ly. Since the nancial incentives for becoming involved in the drug trade are so great, there is an ample supply of people who are willing to serve as replacements for drug oenders who are imprisoned. This does not mean that drug oenders should escape punishment entirely, only that excessively long sentences for drug oenses do not serve any purpose to society. The ideal policy solution would be to repeal all mandatory minimum laws. By removing judicial discre- tion, these laws undermine the system of sentencing and lead to unjust outcomes for defendants. Unlike the Federal Sentencing Guidelines, which are determined by an independent agency, mandatory minimum laws are passed in Congress as a means of scoring political points for being tough on crime. Repealing mandatory minimums would improve our judicial system by ensur- ing that sentences are determined by the principles of punishmentsentences should be long enough to rehabilitate an individual and protect society for as long as it takes for that rehabilitation to take place. When a sentence is longer than necessary to accomplish those purposes, the result is a miscarriage of justice. No person should be forced to serve an unnecessarily long sen- tence. Each additional year spent in prison represents an enormous burden on individuals and their families, and we cannot justify the severe penalties required by mandatory minimums. Those who are not persuaded by the moral argu- ments can look at the economic reasons for repealing mandatory minimums. Imprisonment comes at a high cost. In 2008, corrections cost states a total of $47 billion. On average, keeping a person in prison for one year costs $35,000. These estimates do not even take into account the broader societal costs of keeping people in prison for longer than is necessary to fulll the principles of pun- ishment. Research has demonstrated clear ties between incarceration rates and poverty levels. One study by Vil- lanova sociologists calculated that the poverty rate in the U.S. would be 20% lower today if incarceration levels had remained at the level they were before the 1970s. Some may object to repeal of mandatory mini- mums by arguing that removing these standards will detract from uniformity in sentencing. However, the guideline system that is already in place serves the pur- pose of promoting this goal. The Federal Sentencing Guidelines provide advisory sentences based on the seriousness of the oense and the defendants criminal history. These guidelines encourage uni- formity, but also allow judges to depart from the advisory sentence if mitigat- ing circumstances make it clear that the advisory sentence would be unjust and would not serve the purposes of pun- ishment. This balance is essential in sentencing. While uniformity is very important to our system of justice, we also need a mechanism to ensure that each defendant receives a sentence appropriate to his or her crime. The Federal Sentencing Guidelines give judges enough discretion to grant a just sentence to each defendant. Re- pealing mandatory minimums would allow this system to function properly. Unfortunately, full repeal of mandatory minimums may not be feasible, given the political challenges of appearing soft on crime. In light of this political climate, there are more modest reforms that can be implemented to improve the existing system. President Obama began the process of reform when he signed the Fair Sentenc- ing Act of 2010 into law. The FSA partially resolved the disparities between mandatory minimums for crack cocaine and powder cocaine. Under previous laws, a defendant convicted of possessing ve grams of crack received a ve-year mandatory minimum sentence, while the threshold for powder cocaine was ve hundred grams. This 100-to-1 disparity was long criticized for its racial implications, since black oenders are more likely to use crack, while white oenders are more likely to use powdered cocaine. The Fair Sentencing Act did not resolve the disparity entirely, but it narrowed it to 18-to- 1, which represents substantial progress. There are many other practical reforms we can undertake to x the system of mandatory minimums. One possibility would be to change the way these bills are written and presented in Congress. Under the cur- rent system, members of Congress who propose a bill on sentencing are required to present the cost of the bill, but they are not required to present empirical evidence justifying these sentences. Congress should implement a requirement that sponsors of mandatory minimum bills also oer evidence showing the new mandatory mini-
By removing judicial discretion, these laws under- mine the system of sentencing and lead to unjust outcomes for defendants. 45 mum would improve the system of punishment. Ensur- ing that mandatory minimums are based on empirical evidence would make these sentences less arbitrary and prevent implementation of unnecessarily long periods of punishment. Another possibility would be to include expiration dates in all mandatory minimum laws. Voting to repeal these laws is politically dicult for members of Congress. Including a sunset provision would allow the laws to lapse after a period of time without politicians subject- ing themselves to charges that they are soft on crime. A third promising solution to the problem of mandatory minimums would be to make these sentences advisory rather than required. Defendants would be automatically sentenced to the minimum unless a judge found evi- dence of extenuating circumstances. This solution would account for the legislative judgment that the crime de- served severe punishment but would also allow judges to take account of the individual defendants situation. Under this reform, judicial discretion would be restored to the sentencing process. Mandatory minimums condemn defendants to one-size-ts-all sentences and prevent judges from acting on their professional evaluation of a case. These sentences are not eective at deterring crime, and they undermine the principle of fairness in our judicial system. The U.S. currently has the highest incarceration rates in the world. Empirical evidence demonstrates that these rates are not linked to higher crime levels or more ef- fective policing, but rather to more charges and longer sentences. Dramatic reforms are needed to address the issue of mass incarceration, and they will require changes at all levels of law enforcement. As part of these reforms, we must x the awed system of mandatory minimums. A functional immigration system must balance the economic pressures that drive immigration as a global force with the needs of immigrant families. The United States existing immigration system is sorely lacking in its capacity to meet either of these objectives, and many new proposals for reform ignore the systems primary failureit simply cannot meet the great demand for visas. This structural inadequacy promotes unauthorized immigration and unnecessary deportations. Comprehensive immigration reform must vastly ex- pand the number of visas available to low-wage laborers, those currently most likely to immigrate without papers, and upon whom multiple sectors of the national econo- my depend. Allocating visas based on economic demand would ensure employer access to cheap, legal labor, while resolving pressures to crack down on hard-working and well-meaning immigrants. At the same time, prefer- ences for family-based visas should be reorganized to ensure fair and equal treatment for applicants who wish to immigrate to be with their relatives who are already citizens and permanent residents. New categories should be created for the relatives of low-wage workers who would be otherwise likely to come without papers. Current Visa Allocation The United States Citizenship and Immigration Services (USCIS) issues a limited number of visas each year, split between visas allocated for workers and visas allocated for relatives of citizens and permanent resi- dents. Each year, USCIS capping family-sponsored visas at 480,000. In the spirit of family reunication, the Im- migration and Nationality Act (INA) makes an unlimited number of visas available to immediate relatives of U.S. citizens. These are included in the 480,000 cap. The num- ber of visas available to applicants who do not happen to be immediate relatives of U.S. citizens, then, is equal to however many visas are left over from those allotted to citizens relatives. Unsurprisingly, demand for these visas far exceeds the supply, so applicants who hold no immediate rela- tion to a U.S. citizen receive a visa number based on a preference category, in which they wait until a visa becomes available. First preference (F1) goes to the unmarried, adult children of US citizens. Their derivative family members (dependent children) are also included in this category. Spouses and children of legal perma- nent residents go into the second preference category (F2A for spouses and minor children; F2B for adult, unmarried sons and daughters). Third preference (F3) goes to the married children of U.S. citizens (and deriva- tives). Brothers and sisters of U.S. citizens (and their de- rivative family members) fall into the fourth preference category (F4). Employment-based visas are allotted from a sepa- rate pool than are family-based visas, capped at 140,000, annually.2 First priority for employent-based visas (E1) goes to priority workers of extraordinary ability, as well as certain multinational executives. Professionals with advanced degrees have E2second prioritystatus. Third preference includes professionals with bachelors degrees, skilled workers, and unskilled workers in short supply. Fourth preference is reserved for special immi- grants: religious ministers, government employees, and certain international workers. Fifth preference goes to investors, persons who create employment for at least ten unrelated persons. Each category also includes an applicants qualied derivative family members. One point of agreement in the current debate on immigration reform is that the system should be as welcoming as possible to highly skilled professionals in science, technology, engineering and mathematics. While these workers are capable of making great contri- butions to our national economy, we must recognize that REALLOCATING VISAS TO MEET DEMAND Natalie Zerwekh 46 the current systems visa allotment is already glaringly skewed towards professionals. Market forces pull low- wage workers without respect to the limited number of visas allotted to their category of worker, creating much of the force behind undocumented immigration. Certain economic sectors, such as construction and agriculture, depend upon workers who have extremely limited access to legal permanent residence. Certain limits are also placed on the number of visas made available to each country of origin. Regardless of varying demand, the total number of immigrant visas made available to natives of any single foreign state or dependent area...may not exceed 7 percentof the total number of such visas made availablethat scal year. In 2011, then, a total of 476,249 visas were issued, 195,285 of those to applicants from the Western Hemisphere. Comparing these numbers with an estimated num- ber of unauthorized entries each year reveals a shocking gap between the supply and demand for immigrant visas. In 2011, along the U.S.-Mexico border, alone, 327,577 people were apprehended for attempting to cross the border without papers. Thats not including the majority of undocumented migrants, who enter the country in other ways, and its 167% of the number of visas allot- ted in the Western Hemisphere (195,285) for the same year. Clearly there exists a huge glut of workers who are not able to obtain visas through the existing process. Trends in Enforcement It is even more shocking to com- pare the numbers of visas issued for permanent residence with the number of migrants who are deported each year. In 2011, in which 476,249 visas were granted, deportations totaled 396,906.6 The number is a slight increase from the previous year, 2010, in which 392,826 people were removed from the country. It repre- sents a 6% increase from the number deported in 2008, President George W. Bushs last year in oce. Since 1990, over four million people have been deported from the country. Subjects of deportation include both undocument- ed people and legal permanent residents. Many people are under the impression that legal permanent residents are not vulnerable to deportation. In fact, legal perma- nent residents convicted of an aggravated felony are subject to mandatory deportation and other severe im- migration consequences. Prior to 1996, those in danger of deportation were entitled to a hearing in which their criminal convictions would be balanced against an evalu- ation of their social contributions and obligations within the United Statesincluding the impact that deportation would have on children (3). Many deportees have chil- dren born or raised in the USbetween 1997 and 2007, 103,000 children were aected by the deportation of their permanent resident parents (86% were U.S. citizens). The number of children left behind by undocu- mented immigrants who are deported is more dicult to gauge. Undocumented immigrants are deportable regardless of their criminal historyillegal immigration is a civil, rather than criminal violation, and many deport- ees are otherwise law-abiding citizens. President Obama has publically emphasized prioritizing the deportation of dangerous criminals over law-abiding members of the community, but deportations continue to target unassuming community members. In 2011after the Presidents announcement45% of deportations were people who had never been convicted of a felony or mis- demeanor. The year prior, just over 50% of removals were undocumented immigrants who had not been charged with crimes.6 Even as ICE zeroes in on convicted crimi- nals, nearly half of those deported are people without legal infractions. The price-tag for enforcing the deportation sys- tem includes the costs of apprehension, detention, and removal, as well as increasingly stringent border security. The grand total for enforcement ends up costing the federal government billions of dollars, amounting to $17. 9 billion for the 2012 scal year.vi Costs are increasing as more emphasis is placed on securing the borderthe cost of that enforce- ment increased by 85% between 2005 and 2012. Despite increasingly harsh rhetoric, unauthorized entries have steeply declined in recent years. Un- documented immigration peaked be- tween 2000 and 2007, between which roughly 500,000 people entered the country each year without papers. In 2009 and 2010, the number dropped to roughly 300,000. Comparing these rates of entry reveal the most eective factor in curbing illegal migration: a suering U.S. economy. Sustainable Reforms Declining entries point to the futility of pouring money into enforcement, which often amounts to de- porting law-abiding people who play an important role in certain industries. By spending unnecessary billions attempting to resist global economic trends, we humor a system that is fundamentally mismatched with economic reality. Money spent on enforcement should be refocused towards adapting the immigration system towards those trends. Increasing and reallocating visas to match demand will result in fairer distribution and decreased undocu- mented immigration. Rather than relying on xed caps, reform eorts should increase or decrease the number of visas available to be issued each year to match the num- In 2011, along the U.S.-Mex- ico border, alone, 327,577 people were apprehended for attempting to cross the border without pa- pers... Clearly there exists a huge glut of workers who are not able to obtain visas through the exist- ing process. 47 ber of qualied applicants. As is currently the case, each qualied applicant should be placed in a category based on employment or family relations. These categories should be logically reorganized and re-prioritized. The number of visas available for each category of employment should uctuate with economic de- mand, and the categories should be streamlined from their current ve-tier preference system. Reform should also eliminate the current restrictions on the number of visas available to any one countrythe number of employment-based visas allotted to each country should be uid, relative to the demand for visas in that country. Such a system takes into account the reality that im- migrants from certain home countries predominate in certain industries. Neither high nor low-wage workers should be denied the opportunity to contribute to the U.S. economy because many of their compatriots have similar skills to oer. In distributing employment-based visas, rst priority should be reserved for the special immigrant category, currently E4, that includes government and international workers and religious leaders. Presumably, the limited demand for these rst-preference visas will not severely subtract from the number of visas available for the fol- lowing categories, which are of greater demand. This group could be referred to as P1, to avoid confusion with current categories. This group should be followed by a category of ex- traordinary workers, advanced professionals and inves- tors (workers who currently make up Groups E1, E2, and E5). The number of visas available for this group, which could be referred to as Group P2, should again uctuate with demand. If an applicant can show that they have secured a job or established a basis for investment, a visa should be made available to them. Third priority should go to a vastly expanded E3 cat- egory (including professionals with a bachelors degree, skilled workers, and unskilled workers). For this category, which could be renamed P3, it is especially important that allotment be tied to economic demand. The current cap should be eliminated so as to ensure that supply meets demand for low-wage workers, who are currently the most likely to immigrate without papers. In fact, any sustainable plan for immigration reform must make a far greater number of visas available to those currently in the E3 category. Certain industries draw low-wage immigrant labor regardless of limits on the number of visas available to them. A uid expansion of the E3 visa availability will curb low-wage workers likelihood to come without pa- pers, allowing the government to devote more resources to processing and fewer resources to enforcement. As these workers are less likely to secure a position prior to their arrival in the country, they should be al- lowed to begin the application process from their home country, and then be granted a grace period in which they can search for employment and complete the visa application process. The venture should be self-nanced, and would also be self-enforcing, as legal migrants are not permitted to access federal benets for ve years af- ter their arrival. A P3 worker could then complete the visa application process by providing proof of employment. An alternate path should allow them to complete the visa process before arriving, as is the case with P1 and P2 categories. P3 workers should be granted the same status as other legal permanent residents, and the same oppor- tunity to apply for derivative family members. A system that ties employment-based visa availabil- ity to economic demand will discourage undocumented migration, allowing the government to channel resources currently devoted to enforcement to processing family- based visas, as well. The number of family-based visas made available should be decided based on a dynamic cap, annually increased or decreased in relation to changes in the number of applications. Preference categories should be structured with an eye to fairness and equity. Present categories prioritize citizens relatives over legal permanent residents, with little regard to closeness of relation, and are not sensitive to family dynamics that should necessitate priority. Rela- tives of citizens should receive priority over relatives of legal permanent residents if they are of equal, but not fur- ther, relation. For instance, the adult children of citizens (currently rst preference) should not be given priority over the spouses and minor children of legal permanent residents (currently second preference). A potential model would split rst preference between three groups: F1A, for spouses (and derivative relatives) and minor children of citizens, and F1B, for spouses and minor children of legal permanent residents (F1B applicants should receive lower priority than F1A applicants, but higher priority than applicants from lower preference categories). Same-sex spouses and partners in civil unions should be included in these categories. A new category, F1C, should include applicants with young children who are U.S. citizensparents who lack legal status and are currently in danger of deportation and separation from their U.S. born children. Second preference, Group F2A, should go to certain relatives in special need of supportimmediate family members dependent upon their family sponsor. This category would include aged parents and specially dependent siblings and adult children. Group F2A would include relatives of citizens, and F2B for relatives of legal permanent residents. Third preference should be re- served for unmarried adult children not included in the previous category. Again, such children of legal perma- nent residents (F3B) should receive lower priority than such children of citizens (F3A), but priority over appli- cants from lower categories. Fourth preference should be reserved for married adult children, and parents and sib- 48 lings not included in the previous categories. Applicants whose children are citizens, legal permanent residents, or DREAM-eligible should also t into this category. A nal category, F5A and F5B, should include more distant rela- tives. Restructuring the current system of visa allocation will curb undocumented immigration, curtail deporta- tion and the unnecessary separation of families. Enforce- ment should continue along the path of prioritizing violent crimes over civil infractions. Likewise, non-serious misdemeanors and other oenses should be taken into consideration against the general backdrop of a persons community contributions and commitments. If an other- wise deportable immigrant has children whose lives are grounded here, they should be given the opportunity to apply for a visa. A childs well-being should be given the utmost import in the process. Structural inadequacies in the current immigration system are self-defeating. The shortage of visas keeps families apart and curtails the economic benets of an active immigrant work force by encouraging undocu- mented migration. Visa issuance should be restructured in order to better address the real global forces behind immigration, as well as the needs of families. In 2011, the United States Department of Agricul- ture (USDA) classied 1.42 million New Yorkers, about 17 percent of the citys population, as food insecure, meaning these New Yorkers had experienced multiple instances of disrupted eatingand reduced food intake. Contrasting explanations for the statistic have been of- fered. On one side, classical economists argue that eco- nomic production naturally creates supply short falls that prevent the entire population from receiving sucient quantities of food. Data on economic production, how- ever, contradicts this assertion. According to the United States Department of Commerce, the economy produced 1.928 pounds of fruits and vegetables, 0.314 pounds of red meat, 0.206 pounds of poultry, and 1.806 pounds of dairy product for an American to consume daily in 2009. This proves that short falls have historically been avoid- able and that a short fall should not have occurred in 2011, assuming economic output remained somewhat steady. On the other side, hunger advocates oer the predominant view: an inability to access food. 3 Unfortu- nately, food insecurity can be signicantly damaging to individuals. When the food environment the area where a person acquires and consumes food contains little to no aordable and nutritious substances, residents are more prone to purchasing cheap, unhealthy alternatives. 4
These patterns cause residents to become either under- weight from the inability to purchase sucient quantities or obese from consuming foods high in fat and choles- terol. 5 An underweight person may suer from anemia and nutrient deciencies; heart irregularities and blood vessel diseases; and increased vulnerability to infection and disease, each of which makes it more dicult for the person to concentrate in educational and workplace environments. 6 Conversely, an obese person may suer from coronary heart disease, type 2 diabetes, liver and gallbladder disease, and other illnesses, all which lead to similar complications. 7 While many characterize New York as a unique place in the country, it is not unique in terms of these problems. Similar problems have arisen throughout the country, prompting many geographers, epidemiologists, political scientists, and ocials from the USDA and vari- ous municipalities to study the issue. The majority of the papers published by these groups begin with a proposal for a method of measuring access. The methods focus on measuring either the distance between homes and the nearest stores selling food or the density of these stores in a chosen area. 8 When the distance between the homes and stores is less than, or when the density of stores in the area reaches, a certain number, these methods label such areas high access. 9 But when the distance is greater than, or when the density is less than another number, they label them low access. 10 (Each method implements Geographic Information Systems (GIS), a software that enables spatial and thematic data to be organized, managed, and combined and results to be represented and analyzed according to geographic location.) 11 Researchers then develop policies to improve access based on the ndings produced by these meth- ods. Researchers, however, have not taken the time to standardize their techniques. In the following pages, I will review and critique their methods to pinpoint an optimal method(s). My intention is to consolidate the techniques that researchers use when measuring access and to pro- pose a new policy for improving access. Part I: Distance Euclidean Distance Part I: Distance Euclidean Distance MEASURING ACCESS TO FOOD Daniel Gonzalez
49 Euclidean distance is the straight distance between two locations. 12 A researcher who implements this technique in GIS chooses two locations and calculates the distance needed to travel from one to another in a straight line. The method assumes terrain is completely at. Terrains, however, are never at, and people rarely travel from one location to another linearly. When us- ing distance as a metric to measure access, it is intuitive that the metric should represent distance as traveled by a person, not as traveled by an entity that can traverse geographical obstacles. Euclidean distance is awed for these reasons. Manhattan Distance A researcher who implements Manhattan distance in GIS chooses two locations and calculates the distance needed to travel from one to another when traveling only along axes at right angles. 13 (The technique was origi- nally used to measure distances when traveling along rectangular blocks in Manhattan.) Because this method oers a more sophisticated conception of distance than the Euclidean method, it is an improvement over its pre- decessor. However, Manhattan distance measures access adequately only on rectangular terrains, meaning a dier- ent technique is needed in non-rectangular terrains. Network Distance
A researcher who implements this technique in GIS chooses two locations and calculates the distance needed to travel from one to another along a network. Networks represent transportation routes constructed by a set of nodes (or vertices) and a set of arcs (or edges or links) that connect the nodes. 14 Some arcs are restricted, meaning it is permissible to move in only one direction (e.g., one-way streets), while other arcs are not restricted, meaning it is permissible to move in both directions (e.g., two-way streets). To compute network distance, the distance between each connected node and then the dis- tance between two points when passing through every possible combination of nodes is found; comparing the combinations gives the shortest route the network dis- tance. This value is preferable to the distances obtained from Euclidean and Manhattan distance because it is the distance a person actually traverses to reach a store rather than the direct distance between a person and store or the distance between a person and store when traveling only in right angles. Part II: Density Circular Buer
A circular buer is a circular polygon created around a given location and elongated to a specied distance. 15 A researcher who implements this technique in GIS creates a circular polygon, sums the points within the polygon, and divides this sum by the area of the polygon. The tech- nique weighs each store within its area equally, implying it considers a person to have equal access to each store. A store, however, can be less accessible the farther away from an individual. When using density as a metric for measuring access, it is intuitive that a less accessible store should not count equally towards the density as a more accessible store. Circular buer is awed for this reason.
50 Network Buer
Rather than create a circular polygon, a researcher who implements network buer creates a polygon over the network. Then the stores within the polygon are summed and divided by the area of the polygon. 16
Because network buer includes in its calculations only stores on its path, a proxy for stores accessible to a person, it is better than circular buer. However, the technique also weighs each store within its area equally, falling into the same problem as circular buer. Kernel Density Estimation
Kernel density estimation solves the problem ap- parent in both circular and network buer. In this esti- mation, a researcher creates a circular buer, gives each store within the area a weighted value depending on its location relative to the center of the polygon, sums these weighted values, and divides the sum by the area of the polygon. The values are greatest when they are in the [center of the polygon] and diminish as they move away from the center, reaching zero at the search radius distance from the center. 17 Unlike circular and network buer, kernel density estimation dierentiates between stores based on their distance from a chosen location and therefore accounts for dierences in accessibility between stores. Conclusion From this overview, it is apparent that Euclidean and Manhattan distance and Circular and Network buer are awed. The rst two conceptualize distance without considering that a person can travel only along certain routes, and the second two assume all stores are equally accessible. Fortunately, there are adequate methods. Network distance measures the distance a person travels along transportation routes, the most likely paths a per- son would traverse to a store selling food. Kernel density estimation weighs each store in an area depending on its distance from a chosen location and then calculates den- sity based on these weighed values, meaning the method considers dierences in accessibility between stores. This paper contends that future studies of access should implement only network distance or kernel den- sity estimation to measure access. This is an important point today as the United States Congress considers a new Farm Bill. The Farm Bill is the United States gov- ernments primary agricultural and food policy tool. It is a comprehensive piece of legislation that is renewed every ve years or so. [It] was created in 1933 as part of President Franklin D. Roosevelts Agricultural Adjust- ment Act.The Farm Bill has since expanded to include many dierent categories, or titles. The last bill to be authorized, in 2008, had 15 titles, including nutrition (food stamps), crop subsidies, conservation, livestock, crop insurance and disaster assistance. The 2008 Farm Bill approved $300 billion in spending. Of that amount, 67 percent was spent on food stamps; 15 percent on agricul- tural subsidies; 9 percent on conservation; and 8 percent on crop insurance. 18 The Farm Bill is then an important tool in improving access as it allocates billions of dollars to the cause. However, it does not allocate these funds properly. Funding for the Farm Bill is based on data from the USDAs Economic Research Service (ERS), a federal organization that annually quanties the number of people who suer from poor access. While the agency is advanced in many research techniques, it still uses the Euclidean method to determine accessibility. Consider- ing the problems with this method, this paper suggests that the ERC adopt network distance or kernel density estimation to measure access. Funds for the farm bill can be allocated more correctly once new data is available a perfect example for future studies.
51 Ever wandered the streets of New York City when the blur of shop lights is just dimming? Its at that lull near closing time, when the busy cafes are nally being relieved of the copious tourists and busy New Yorkers that frequent it by day. Unfortunately, one thing that has not been relieved is the shelf holding the baked goods. In fact, if you walk by a bakery or any store that sells baked goods at the closing time of 10 or 11 PM, chances are you will spot the employees dutifully (dare I say begrudg- ingly?) shuing the baked goods away into a large plastic bag. Upon further observation, you might notice that this plastic bag is actually going into the trash, where entire shelves of sliced bread, donuts, muns, and other baked goods are going to end up in- A dead weight consumer and producer loss. A curious spectator might approach the person at the counter and inquire for more informa- tion, while the confronted might mumble something about state laws and regulations. We have to throw them away, theyll tell you. And so they do. There are many reasons for such an oversight, as health and sanitary issues, quality con- cerns and image marketing are among the rst to come to mind. The baked goods in question may not keep to the next day (though most do), and even if they do, they would have to be sold as discounted goods that are not quite as fresh, which may tarnish the businesss reputa- tion in terms of quality. Then there exists the aforemen- tioned notion that there are regulations that declare the overnight redistribution of food to be unsanitary. This is true, to an extent. It such cases, it depends on the type of the food in question, and upon a fruitless search, this writer has not found any concrete law or regulation that states explicitly that baked goods need be discarded upon the starting day of sale. It then has come to our at- tention that perhaps we are being a little too wasteful in our rush to be out with day-old bread. It is true that there are health concerns that legiti- mize such waste, as everyone knows that the mun you left at night is instantaneously inedible the second day. New York State Law has one of the more comprehensive and minutely dened regulations on Agriculture and Markets, yet while most categories of food are addressed by the NYSL, baked goods does not seem to have its own regulation code. This gives great leniency to the retailing party, and businesses, in a real world where people do not always act rationally, tend to make overestimations of how much supply is demanded from your avid bread consumers. From the retailers point of view, it is understandable why such waste may come into procedural being. It has always been in the interest of businesses to maintain a certain freshness with produce. This manifestation of vanity is most prevalent in the fresh produce sector, especially with vegetables and fruits, where the astute buyer might pick and prod around for the daintiest, most spiy-looking apple that appeals to the eye. Because of such a tendency, grocery store owners tend to want to throw out the old, rotten looking produce when the day is done to ensure that the shelves are a cornucopia of ra- diant fruit and vegetables plucked from life seconds ago! Certainly, this concern translates to the retailers world of baked goods, and a specic sort of baked good sellers as well. While bakeries do make up a majority of the wasted pastries and grain-goods, they have also considered more thoroughly their choices in dealing with day-two breads. Some resort to discounted two-day-old bread, though this is often perceived to have the stigma of discounting their brand as well. Others have worked more proactively, aligning themselves with charities, shelters, soup kitchens and other non-prot organizations to make use of those overstocked goods from the pantry. One such exem- plary model is Panera Bread, a bakery based in Chicago that has started its own campaign, aptly titled Day-End Dough-Nation. On its website, it pledges that At the end of each day, Panera Bread donates all unsold bread and baked goods to local area hunger relief agencies and charities. Collectively, Panera bakery-cafes donated a retail value of approximately $100 million worth of un- sold bread and baked goods in 2010 to help neighbors in need. Many of these organizations are served by Feeding America, formerly Americas Second Harvest, the nations largest domestic hunger-relief organization. Meanwhile, an often overlooked sector of the baked goods retailing crowd are the many coee stores and dessert stores that do not specialize in baked goods but sell them anyways as compliments of their own goods. These stores are the ones that most often do not seek to utilize their baked goods wastage, as such goods are considered to be in the sidecar of their main merchandise in the race to riches. This writer has often walked past many a Cold Stone or Starbucks, to see employees daftly swiping the baked goods away into the trash. Its a true pity, and consumers across the nation have noticed as well. On Chowhound, an online forum, one user wrote: In Manhattan, NY my local DAgostino supermarket puts out bruised fruits and vegies in a plastic bag and I can see the homeless and an assortment of people picking through the bags. I guess its easier to do that than to try to sell imperfect bruised fruit/vegies. When Ive bought them, it wasnt worth the money because I had to throw half the food away. Also, the stores have to be careful about not selling food past its expiration date. And there it is: the two main methods of redistribution of baked goods degraded by time Discounted goods and donation. In the laissez-faire state of market that we currently reside in, it is up to the small business to decide which Ying Chang GET YOUR DAYOLD BAKED GOODS HERE 52 method of saving they would like to adopt. However, this doesnt mean that the government should not interfere. The government should work on nding ways to make participating in such charitable or sustainable acts more attractive. One restriction we should consider when push- ing forward pro-sustainability policies is that the amount of compensation the federal government provides does not exceed the potential prot to be owned had food been consumed in its ideal state. The idea is to make sure that the revenue garnered from discounted or donated food is less than the cost of wasted food plus the opportunity cost of resources used on production and distribution of said wasted food. Golden rule in mind, o to policy planning we go. Ever promoting the altruistic road of social wealth adjust- ment, the government should disclose more liabilities and propose tax deductions in order to encourage businesses to donate their food. In terms of protecting businesses from the fear of liabilities, the NY State Legislation has already made eorts towards this goal, as it states in Article 4-D of Agriculture and Markets that Not withstanding any other provision of law, a good-faith donor of any canned or perishable food, farm product, game or wild game, appar- ently t for human consumption, to a bona de charitable or nonprot organization, for free distribution, shall not be subject to criminal penalty or civil damages arising from the condition of the food. Here the government is actually beckoning social welfare organizations to step forward, and some have, as previously mentioned. This is a complicated process with many steps and decisions to be made, such as the nature of the charities that redistributed the day-old food. Should an overarching charity organization be set up to ensure the speedy deliv- ery of day-old goods, or should it instead be composed of a ragtag system of volunteers who send the food directly to the soup kitchens and shelters nearby? Should stations be set up for this purpose? These are all questions that the government and the business must decide together. Sure, a little bread lost now and then doesnt seem like much, but its accumulated amount can be alarmingly proigate. The problem seems to involve many stages though, ranging from transportation issues to redistribu- tion quandaries. One approach to take is the attitudinal reconstruction route, where we aim to solve this problem from the ultimate source of all things basic: the human perception. One may say that it is lacking in instantaneous eectiveness and leans limply towards soft culture, but this is actually not so. Changes in attitudes are actually ex- tremely important and can be reinforced in many ways that will help solve the problem both immediately and in the long term. This can be implemented by nding a group of laborers who would be willing to solve the delivery prob- lem to ensure that the baked goods on the counter of that store on the street corner can be eciently delivered to corresponding organizations responsible for further distribution. Finding such a group may be costly, and so far the most cost reducing option this writer can foresee is to engage high school students in the problem-solving process under the name of community service where else might one nd concentrated numbers of willing beings eager to work without pay? I propose that we construct a state-recognized organization grounded in an alliance between a food redistribution agency and a student achievement organiza- tion. For the city of New York, organizations such as Food Bank would be a top pick, as would the National Honor Society for student achievement. Such sponsorships by well-known organizations would do much in appealing to students. One of the merits of this approach is that it would be simultaneously working towards solving both the short- term and long-term problem. In the short run, the redistri- bution issue will be taken care of with minimal xed cost investment setting up the framework for an entire work- force catering to our day-old baked goods needs would be both costly and unrealistic, so the option of high school students glimmers in comparison here, while in the long run such community involvement would educate stu- dents of the aws of the market and some actual real word ways to solve it. There are a lot of implicit long term social benets, as students grow to be adults who are aware of the amount of food waste that goes on in businesses, and would hopefully foster sense of social responsibility and charity. Additionally, this is a model that would work particularly well in NYC, as the density would make trans- portation between stores and soup kitchens much easier, though it should still be fully functioning outside of the city as well. The solution above seems like a plausible approach to the problem of day-old baked goods, but I do believe that multiple forces would work best in this case the trouble here is that even in competitive markets an over-estimation of supply is extremely hard to avoid, as there will always be some real world friction that does not quite match the neatly drawn equilibrium supply-demand graphs. As one employee at pizza joint Fagmilia said to this writer, Some- times we make a little more than we can sell. Its dicult to predict the precise amount of how sales go each day, and by the time we are closing up, whats left here on the counter must go. Its a business choice we make to guaran- tee only the freshest. Alas, it seems that the only solution is an ex post solution, and x up policies should be plentiful to say the least. Supplementary and alternatives abound, as we examine the long list of remedial actions: discounted day-old food (with the preliminary requisite that the prot garnered from discounted food is less than the sum of the cost of wasted food and the opportunity cost of resources used on production and redistribution of said wasted food), packaged food, knocked down food delivery ser- vices, etc. 53 HEALTHCARE 54 REFORMING DRUG POLICY: ALTERNATIVE TO THE LEGALIZATION OF MARIJUANA Lauren Tomasulo Marijuana education should be approached from a similar approach as alcohol. We teach people how to engage in behavior related to alcohol that minimizes harm and enhances safety. This is the sort of realistic education that should be used in parallel with decriminalization laws. Marijuana legalization would not allow the government to manage the supply of marijuana, yet decriminalization allows for better public education and fewer unnecessary arrests that ruin the lives of many people. The most eective drug policy would be the decriminalization of marijuana. Under decriminalization, the sales of all illicit drugs remain criminal oenses. However, as drug research expert and professor, Carl Hart at Columbia University, explains, decriminalization still sends the message that society is still concerned about drug use. 1 As a result, there will be infractions for engaging in that behavior. The war on drugs is not only costly, but also leads to many arrests that can be considered unwarranted and unnecessary. Drug related arrests allow the government to infringe upon the civil liberties of those convicted. Public housing, voting, are just some of the public privileges that are revoked upon a drug-related arrest and felony label. Furthermore, the United States has 5% of the worlds population and 25% of the its criminals. 2
47.5% of all drug-arrests are marijuana-related. 3 The billions of dollars poured into the drug war would benet society if we instead channeled those funds towards education about drugs and better infrastructure, schools, and so forth. Marijuana decriminalization saves an extraordinary amount of money. A 2009 report by the Capitols Oce of Fiscal Analysis explained that decriminalization could save the state [of Connecticut] up to $11 million and generate $320,000 annually in revenue from nes. 4
Furthermore, converting possession into an infraction eliminates the requirement for the state to appoint a public defender for defendants who cannot aord counsel. 5 Thus, money is not only saved, but revenue is also generated through the decriminalization of Marijuana. In New York, marijuana has been decriminalized since 1977. Possession of small amounts of marijuana has been a civil violation (a misdemeanor). It is thus a misdemeanor to smoke or possess marijuana in public. This has lead to issues with enforcement, as about 50% of those arrested in New York City for marijuana are African- American. 6 Furthermore, police intimidation remains an issue, leading to many arrests even though decriminalization occurred over three decades ago. As Alfredo Carrasquillo, a community organizer with VOCAL-NY, told The Daily Chronic, Mayor Bloomberg now recognizes that we cannot aord to criminalize youth of color for carrying small amounts of marijuana. 7 As of January 1, 2011, Governor Arnold Schwarzenegger signed into law that in California there will be no arrest, no court appearance, and no criminal record for those who possess less than an ounce of marijuana. 8 Prominent politicians have voiced their opinions on this controversial and complex issue. Rand Paul, who is a self-described Libertarian Conservative, supports decriminalization instead of legalization, since the latter may instead encourage people to do drugs. 9 President Barack Obama voiced his opposition to both legalization and decriminalization of drugs, although he has supported the decriminalization of marijuana in the past at a debate in 2004 at Northwestern University: The war on drugs has been an utter failure. We need to rethink and decriminalize our marijuana laws. We need to rethink how were operating the drug war. 10 As even President Obama himself highlighted in 2004, the war on drugs has failed to achieve its aims of producing a drug-free America. It has not eectively reduced drug use in America. There are still 2.5 million people who use drugs for the rst time each year and this has been fairly constant throughout. This is demonstrated through the National Survey on Drug Use and Health (NSDUH). In 1980, there were 3 million new marijuana users and in 2011, there were 2.6 million new marijuana users. 11 The billions of dollars spent per year does not justify this slight decrease that could even be attributed to other factors. Drug use peaked in the 1970s and then started to decrease and has remained relatively stable despite all the money spent. In fact, drug use was already declining once the war on drugs was initiated. Portugal has already decriminalized all drugs. There are no criminal penalties associated for use, possession, or acquisition for all illicit drugs for quantities up to a 10 day supply (a somewhat subjective quantity that is determined based on the persons use). 12 The accused meet with a board called the Commission for the Dissuasion of Drug Addiction consisting of a social worker, physician, and psychologist who then determine if he or she should be recommended treatment and/or ned. 13 Since incarceration is more expensive than treatment and the state gets funds from nes, this policy generates money. 14 A report funded by the Cato Institute found 55 that illegal drug use by teenagers in Portugal had decreased since the enactment of decriminalization of the possession of drugs. 15 It also found that the rates of HIV infections caused by contaminated needles had decreased, while the rates of those seeking treatment for drug dependence increased. The result was that drug- induced deaths decreased and drug use rates similar, or slightly better, than other European countries. America has one of the highest rates of cocaine and marijuana use in the world, which suggests that the stringent policies that accompany the war on drugs is not the most eective method for decreasing drug use and promoting the safety of society. Many detractors of decriminalization argue that such policies will actually increase the rate of drug use among the population. However, as evidenced by Portugal, it is clear that the rate of drug use did not increase at all. Although there may be some debate about whether the decline in drug-use can be attributed to the policies or to the natural cyclic pattern of drug use increasing and decreasing, it is certainly untrue that decriminalization in Portugal caused more people to use drugs, or that it caused people to use drugs in greater quantities. Instead of labeling drug users as criminals, Portugal has taken a more pre-emptive approach and labeled them as those aicted with a disease (similar to the approach Alcohol Anonymous takes towards alcoholism). 20 This approach treats drug use as a public health issue rather than a legal issue that is resolved through punishment. Essentially, decriminalization is a far more humane, cheaper, and eective method than a rigid, detrimental philosophy of criminalization. Harm reduction can be enabled through a realistic education. Humans have always and will continue to use psychoactive compounds to alter their consciousness. Instead of trying to reduce the demand of drugs with the war on drugs propaganda, we should instead teach people to live in a world that necessarily includes these psychoactive compounds. 21 It is statistically infrequent to die from a heroin overdose alone, where the only drug ingested is heroin. The cause of death is often heroin in combination with sedatives (usually alcohol), as shown by the 2010 Drug Abuse Warning Network (DAWN) Mortality Data 13,000 out of the 17,000 deaths from all opioids due to drug combinations. 22 Thus, it is imperative that we teach people not to consume alcohol while using heroin. This is not currently being taught because of the drug atmosphere. Because of the emphasis on the criminalization and harmful eects of drugs, the prevailing attitude is one that is not consistent with facilitating the public health of our society. Politicians have been adverse to increasing the availability of naloxone, an opioids antagonist that blocks the mu receptor and thus reverses the fatal respiratory depression caused by an opioid (such as heroin). By increasing the availability of naloxone, the prevalent view is that it will convey to society that opioid (or specically, heroin) use is acceptable. 23 It is simply horrendous that people are unnecessarily dying from overdoses because the antidote is not widely available. The drug war has interfered with our ability to protect our citizens. There are multiple alternatives to ensure societys safety other than legalization. By focusing on decriminalization, drug education, and the way we enforce these policies, we can eliminate the racist eects of such policies while protecting the publics safety. By changing drug policy without legalization, we can ensure that the way we police these issues and better drug education that focuses on reducing harm associated with drugs rather than the unrealistic, erroneous perspective about drugs in terms of how evil they are. 24 56 It is no surprise that obesity is widespread in the United States. In 2009-2010, 35.7% of adults and 16.9% of children in the United States were obese. Obesity is a national problem because it is associated with medical conditions such as heart disease, stroke, type 2 diabetes, and certain types of cancer. Obesity costs the United States $190 billion annually in medical expenditures, which means that obesity related health issues put a great strain on government programs such as Medicare. In recent years, the government has taken policy initia- tives to treat current obese cases and prevent new ones from occurring. Since junk food is a signicant contribut- ing factor to obesity, it is important to assess the avail- ability of fresh fruits and vegetables compared to the availability of junk food. If we want to combat obesity, the playing eld must be level between fresh produce and processed foods in regards to price and conve- nience. For this reason, I propose two solutions. The federal government should increase subsidies to fresh produce industries. State and local governments should sponsor healthy cooking classes with food included. Because of its convenience and low price, more junk food and less fresh produce are more likely to be consumed in low income areas compared to their higher income counterparts. Unsurprisingly, the obesity rates of low income communities are much higher than obesity rates in wealthier communities. However, it is impossible to change current eating habits in low income neighbor- hoods unless fresh produce is a more attractive option than junk food in terms of price and convenience. Cur- rently, in New York City, a packet of six individual snack bags of Lays chips costs $2.49, whereas four Gala apples cost $4.99 , twice the price for two-thirds the amount of food. Simply put, families that are struggling to make ends meet are more likely to choose the less healthy option if it is cheaper in the short term. However, in the long term, if the unhealthy options are frequently eaten, dire health consequences can result. If these unhealthy choices are made by the collective United States popula- tion, it will eventually lead to a bigger burden on Medi- care. Fast food and junk food are cheaper than fresh pro- duce partly due to the large subsidies that the U.S. gov- ernment grants farmers. These subsidies curb the price of many ingredients used in fast food, such as corn. Unfor- tunately, subsidies are much larger for ingredients used in fast food than subsidies granted for fresh produce. In 2011, $4.5 billion was granted in corn subsidies alone. In addition to corn subsidies, the government signicantly subsidizes animal feed, sugar, fats, hormones, and antibi- otics which benets the fast food industry. Although it is dicult to determine the exact amount granted in sub- sidies to fresh produce because the subsidies are spread out among dierent produce industries, it is safe to say that fresh produce farms receive signicantly less subsi- dies than crops associated with the fast food industry. Agricultural subsidies are signicant because they directly aect the price of consumer goods. Fast food prices are articially low in the United States: the cost of a typical fast food meal would triple without the various subsidies granted to crops used in fast food. Because of the disparity of subsidies associated with fast food versus fresh produce subsidies, the price of fresh produce is signicantly higher to the consumer compared to the price of junk food across the U.S., from Supermarkets to restaurants. In order to make healthy food competitive, fresh produce must be cheaper to the consumer. People can- not be expected to eat healthier if the price of healthier options is not competitive. However, decreasing corn subsidies has been a controversial issue in recent years and not much progress has been made. It is doubtful that any signicant legislation will be passed in the 113th Congress to reduce subsidies to crops associated with the fast food industry due to both internal political pres- sure and external pressure from interest groups. Cutting subsidies associated with the fast food industry is not a realistic option in the short term. Therefore, instead of focusing on decreasing corn subsidies, we should focus our eorts on increasing government subsidies for fresh produce and other crops that promote a healthy diet. Al- though in past years, more subsidies have been granted to fresh produce industries, not nearly enough have been granted to make the price of fruits and vegetables competitive with junk food. In order to successfully promote healthy choices, the price of six apples should equal the price of six individual serving bags of potato chips. One possible argument against granting subsidies to the fresh produce industry is the high cost of the program. Although a large subsidy program would be expensive, I believe that it is an investment for the long term. If healthy options are competitively priced against junk food, people would have more of an incentive to eat healthier. Therefore, obesity rates will decrease and we will have less disease associated with obesity, which will ultimately drive down healthcare costs. Thus, in the long term, fresh produce subsidies may actually save the government money because of the money saved from healthcare. However, merely decreasing the price of healthier alternatives may not go far enough to yield the optimal results. Part of the reason for fast foods popularity is AGRICULTURAL SUBSIDIES AND COOKING CLASSES: THE SOLUTION TO THE OBESITY EPIDEMIC? Allison Schlissel 57 because it is perceived as more convenient than healthy food. Especially in low income areas, people often work long hours and do not necessarily have the time to pre- pare meals for themselves or their families. Even though convenient healthy alternatives do exist, many people do not know how to choose healthy options or prepare healthy meals. For the reasons above, I believe that education is imperative to combating the obesity epidemic. Although there have been remarkable achievements in childrens education to combat obesity, adult education is often overlooked. However, adult education is very important because adults typically prepare and provide food for children and teach them eating habits. Therefore, in ad- dition to competitively priced healthy food, adult educa- tion classes should be available to teach people what are healthy food alternatives and how to prepare them. These cooking classes may have the potential to further level the playing eld between fast food and healthy food by teaching that healthy food can be convenient, too. These classes could be federally funded by grants to the states, and the states and local governments in turn can decide the best way to teach classes that promote the federal objectives. Unfortunately, adult education is more dicult to promote simply because most adults do not attend school anymore. Further, if people do not think that they have the time to prepare healthy meals, they certainly will not have the time to attend classes. However, people may attend the classes if the incentive is high enough, for example, providing food for the participants. One particular national private program that has been very eective and successful is Cooking Matters. Cooking Matters oers nutrition education and cooking classes targeted at low income populations. The classes meet two hours a week for six weeks, and participants are given ingredients and recipes to take home. The program has eectively improved eating habits, for example, 69% of Cooking Matters for Adults graduates report that they eat more vegetables. The fact that there is interest for adult nutrition programs and that they are eective sug- gests that they can be implemented on a wider scale, for the current Cooking Matters program is relatively small compared to the country. Promoting healthy food is an eective strategy be- cause it treats current obesity cases and serves as obesity prevention. We cannot combat obesity unless healthy food is on the same playing eld as junk food, which means that more subsidies should be given to promote fresh produce. Once healthy food has become more available and a realistic option, people need to learn how to make healthy choices and about convenient healthy alternatives, thus nutrition and cooking classes are necessary programs to ght obesity. In the long term, this policy can lower healthcare costs by treating and preventing obesity. ADDRESSING MEDICARE SOLVENCY THROUGH MARKET SOLUTIONS Noah Zinsmeister Background Shortly after 3:00 on a Friday afternoon in 1965, President Lyndon B. Johnson signed H.R. 6675, more commonly know as Medicare, into law. At the ceremony, President Johnson credited Harry S. Truman for plant- ing the seeds of compassion and duty 1 which would eventually grow and ourish into a social insurance program for the elderly in America. President Johnson deemed such a program vitally necessary to the interest of the country: at the time over 18 million elderly Ameri- cans were threatened by illness and medical expenses 2
which many of them could ill-aord. Medicare would allow every citizen [to] be able, in his productive years when he is earning, to insure himself against the ravages of illness in his old age. 2 Today, Medicare provides a wide array of government-subsidized medical insurance to seniors aged 65 years and older, and people with disabili- ties. The program is almost exclusively nanced through a 2.9% payroll tax split between employers and employ- ees, as well as by premiums paid by individuals receiving benets. Since its genesis, Medicare has gone through sev- eral legislative revisions, and now consists in parts A, B, C, and D. Part A, Hospital Insurance, provides for inpa- tient care and includes payments to hospitals, hospice care facilities, and the like. Part B, Medical Insurance, covers outpatient services, providing direct subsidies to physicians for services rendered, such as x-rays, chemo- therapy, blood transfusions, and vaccinations. Part C, also know as Medicare Advantage, is a type of Medicare health plan oered by a private company that contracts with Medicare to provide...Part A and Part B benets. 3
Part D, created with bipartisan support in 2003 under President Bush, subsidizes the costs of prescription drugs for Medicare recipients. Burning Money The programs enrollment has expanded wildly from its original 18 million. According to the 2010 census, 47.5 million individuals, 7.9 million of whom are disabled, are now covered by Medicare. This number is projected to increase dramatically as baby boomers age, and the imminent glut of retirees poses problems for Medicares nancial solvency. For a sense of scale, one out of every ve dollars spent on health services in 2008 was nanced through Medicare. The Congressional Budget Oce also notes that health care spending per person has grown 58 faster than the nation's economic output per person by about 1.5 percentage points per year, on average, for the past few decades. 4 More retirees and sky-rocketing health costs pose dire threats to Medicares future which necessitate action from our lawmakers. Currently, government expenditures on Medicare exceed the revenue it generates. In other words, more money ows out of the system than comes in. Douglas Holtz-Eakin and Jim Nussle comment in the conservative publication National Review that since its creation in 1965 the program has run cash decits every year except 1966 and 1974. 5 This trend will likely continue; Medicare expenditures amounted to 3.6% of GDP in 2010, and are projected by the CBO to rise to 4.2% by 2020, and a whopping 8.6% by 2050. To compound the problem of perpetual decits, the fund on which the government currently relies on to sup- port Medicare is running out. The CBO stated in 2011 that the Hospital Insurance Trust Fund is projected to become exhausted in 2020. 6 The HI Fund is replenished primarily by the 2.9% payroll tax, as well as in small part by income taxes paid on Social Security benets, interest returned on trust fund investments, and Part A premiums. In seven years, this fund will be empty, and in order to continue providing coverage, the government will have very few options: legislators will have to raid Treasury funds, cut benet or reimbursement levels, or levy crippling taxes, all economically and politically damning prospects. The urgency of Medicares current state has prompt- ed an overhaul, embodied within the Patient Protection and Aordable Care Act, popularly known as Obamacare. Recognizing the vast budget shortfalls in the system, the ACA increased the Medicare payroll tax to 3.8% from 2.9% for wages in excess of $200,000 for individu- als and $250,000 for couples. Disregarding the negative economic eects typically associated with higher taxes, the increased burden on this income group functions as a stopgap to sustain the systembut only temporarily. Despite the tax increase, the ACA maintained the systems general structure, only perpetuating its aws. Subtitle E of the ACA famously creates an Indepen- dent Payment Advisory Board to develop and submit detailed proposals to reduce the per capita rate of growth in Medicare. 7 Peter Orszag, former Oce of Management and Budget Director under President Obama, has called the IPAB the single biggest yielding of power to an inde- pendent entity since the creation of the Federal Reserve. 8
But according to non-prot think tank the Kaiser Family Foundation, this panel of 15 bureaucrats is prohibited from submitting proposals that would ration care, in- crease revenues or change benets, eligibility or Medi- care beneciary cost sharing. 9 As a result of its mandate as well as these limitations, the Board could potentially pressure hospital and patients to accept lower reimbursement rates. Limits in Care In 2012, the Department of the Actuary for the De- partment of Health and Human Services wrote that for inpatient hospital services, Medicare payment rates in 2009 were about 67 percent...of private health insurance payment rates. 10 This means that the government pays hospitals and care facilities two thirds the market price for the exact same procedures. These institutions cannot continue to accept grossly inadequate reimbursements for services rendered; the continuation of this practice will inevitably drive up prices for private insurance hold- ers as hospitals struggle to stay in the black. This policy would also result in an articial ination of the price of medical procedures, which will further distort price signals, making it much harder for healthcare consumers, both those supported by Medicare and by private plans, to make intelligent decisions about their care. The same Actuary report also points out that by 2030, roughly one quarter of all current hospitals, skilled nursing facilities, and home health agencies 10 will be forced to stop oering coverage for Medicare patients. Seniors will see a radical reduction in their care choices, and could have to endure longer travel and waiting times, as well as the possibility of limited service by overworked organizations. Congress must soon choose between accepting this possibility, or increasing reimbursement rates, which would further exacerbate Medicares thorny scal situation. With such a bleak portrait of the status quo, many may be asking, Where can we go from here? Although the current situation is dire, several hopeful alternatives exist. Moving Forward One of simplest xes, at least for future Medicare re- cipients, would be to establish personal Medicare saving accounts for enrollees. Under this system, Medicare taxes collected throughout ones career would accrue in an ac- count to be used for the exigencies of old age, rather than for redistribution to current retirees. This change would increase accountability in the system, forcing the govern- ment to be transparent in their handling of medical ac- counts, while simultaneously providing a strong incentive for workers to be productive throughout their lives, as they will be able to observe an increasingly rm personal safety net which they themselves have built. Such a private savings plan also would end the redistribution of wealth from current workers to retirees. Medicare today functions as an engine of redistribution, not as a social insurance program, the dierence being that the former has led to the programs current insolvency, and the latter would expand the freedom that individuals have to ac- crue and spend their earnings in ways they see t. 59 AN URGENT WAKE UP CALL: A STUDY OF CELL PHONES IN HIV/AIDS PROGRAMS IN SOUTHEAST ASIA Emily Corning However, this policy would only benet future recipients of Medicare. For those who currently rely on Medicare, Congress could deate the articially high cost of care by increasing market options for health care, and competition between those options. Such a proposal could look to Part D, the prescription drug portion of Medicare, as a model. Rather than creating a centralized subsidy package for a range of drugs, part D outsources coverage to private companies, allowing seniors to choose from a range of options at varying prices. The Galen Institute, a non-prot research organization, writes in a report that private drug plans have an incentive to provide the greatest choice at the lowest price to attract the greatest number of participants. 11 This claim is borne out by a 2011 report from the Journal of the American Medical Association, which estimated that Part D drug coverage saves Medicare about $1,200 per beneciary an- nually in lower hospital, nursing home and other medical costs. 12 By subjecting healthcare to market forces, prices would be driven down by competitiondramatically so. If such a model were applied to the entirety of Medicare, it could radically decrease prices while elimi- nating complicated bureaucracy and mitigating tension between government and healthcare providers. In fact, many individuals and entities have already put forth such proposals, known as premium support plans. Essentially, the government sets a minimum threshold of coverage, and various companies compete to attract seniors to their plan. These programs could drive down Medicare costs and preserve the program as it transitions to a private model. All told, the Congressional Budget Oce estimates that under Obamacare about 95 percent of legal non- elderly residents will have insurance coverage in 2021, compared with a projected share of about 82 percent in the absence of that legislation. 13 We as citizens have the duty to ask, At what cost? Do we wish to force Ameri- cans in the workforce to prolong an inherently awed sys- tem? Medicares grim future is unlikely to improve unless the governments role as we know it is radically curtailed. By increasing personal choice and accountability and allowing market forces to drive down prices and improve eciency, America will move towards a more free and sustainable future. In the late 1980s, Southeast Asia was suddenly faced with an HIV/AIDS epidemic of staggering proportions. Experts projected that Southeast Asia would experience higher rates of HIV infection than Sub-Saharan Africa and that in 2017, Thailand, a nation of 23 million adults, would include 500,000 HIV positive citizens, while the United States, a nation of 117 million, would possess 750,000, only a quarter of a million more than Thailand. 1 Worse, these were the most optimistic of reports. The regions response to the epidemic, however, was just as unexpected. Galvanized by Thailand, which faced the bleakest projections of future HIV/AIDS infections, Southeast Asian nations embraced revolutionary policies, including the decision to regulate, and not suppress, the commercial sex industry and governments public com- mitments to the ght against HIV/AIDS. These strategies, from national health education programs to the de-stig- matization of the disease, have produced unexpected, yet welcomed results. 2 Ten years after the panic of 1988, the region no longer teetered on the brink of an uncontrol- lable epidemic. Over the past twenty years, the face of HIV/AIDS has changed dramatically both medically and socially. The advance in antiretroviral drugs means that HIV positive people live longer, healthier lives and the reduction in the cost of these medicines means that more people world- wide have access to treatment. In short, an HIV prognosis is no longer a death sentence. 3 In the early 1990s, a com- mon sentiment heard in rural Thailand was If you get HIV, you will die. Today, banners trumpet, If you get HIV, you will live. 4 However, the world has changed dramatically in the past fteen years and has pulled Southeast Asia along with it. Recent changes, from the increase in multiple sexual partners among youth, to the rising prevalence of new technologies, are threatening to mark the beginning a new HIV/AIDS epidemic in Southeast Asia by rendering the regions previously successful prevention and treat- ment programs obsolete. What is at the worrying core of this revolution? Sur- prisingly enough, cell phones. Once reserved for the rich and elite, cell phones are now ubiquitous in Southeast Asia; from cabbies in Bangkok, to farmers in Cambodia, to factory workers in Vietnam, most have access to mobile devices. 5 However, cell phones are not essential to future HIV/AIDS policymaking simply due to their prevalence. In- stead, it is the cell phones dualistic function. Cell phones are both part of the problem and an integral component of the solution. 60 The question explored in this essay is the following: how must HIV/AIDS prevention and treatment programs in Southeast Asia be adapted for the rising popularity and use of cell phones in the region? To best address this question, four main areas will be explored: current appli- cations of cell phones in HIV/AIDS programs worldwide, current problems posed by the popularity of cell phones and their use in HIV/AIDS programs, potential future problems in these same areas and, nally, suggestions for improving HIV/AIDS prevention and treatment programs in Southeast Asia with regards to the prevalence of cell phone usage. I. Current applications of cell phones in HIV/AIDS preven- tion and treatment programs The current applications of cell phones in HIV/AIDS programs worldwide are numerous. Most common is the usage of cell phones, either via SMS text message or a pre-recorded phone calls, to send HIV-infected individu- als reminders to adhere to their medication regimen. 6,7
This is particularly useful considering that long-term anti- retroviral therapy regimens are challenging in all popula- tions, but especially in the context of poverty, migration, homelessness and mental illness. 8 Studies in Peru, South Africa and Los Angeles have shown these programs to be highly eective in increasing patient regimen adherence, and thus health outcomes, in the long term. 9,10 Other common uses include appointment reminders, partner tracing and partner notication via text or phone call. 11
The applications of cell phones in prevention and treatment programs, however, is not only limited to com- munication with HIV-infected individuals, it is also very helpful within governmental agencies and NGOs. The use of cell phones for communication between health work- ers, the transmission of lab results and the assessment of community health workers have all been employed with great success. 12 These programs do, however, raise important questions regarding the privacy of patients and condentiality. 13 Despite these objections, the use of cell phones in HIV/AIDS programs has been widely celebrated as a considerable step forward in the quest for the com- prehensive prevention and treatment of the virus and disease. Studies show that cell phone reminders dramati- cally reduce the incidence of patients failing to adhere to medicine regimens and have shortened the time gap between testing and the availability of results, narrow- ing the window in which infected individuals (unaware of their HIV status) may unknowingly spread the virus. 14,15
Furthermore, the use of pictogram text messages and the facility of recording messages in minority languages allows cell phone based prevention and treatment pro- grams to reach populations that are usually excluded or not as eectively addressed by traditional programs. 16
Finally, the availability of text message based counsel- ing services and the increased accessibility of counseling phone lines due to cell phones has increased rural popu- lations access to information and counseling regarding HIV/AIDS. 17 II. Current problems posed by the popularity of cell phones and their use in HIV/AIDS prevention and treatment pro- grams The problems posed by cell phones concerning HIV/ AIDS prevention and treatment programs can be divided into two categories: the weaknesses of current applica- tions of cell phones in HIV/AIDS programs and the meth- ods by which the popularity of cell phones is rendering pre-existing and previously successful HIV/AIDS programs less eective. Firstly, the limitations within the current applications of cell phones within HIV/AIDS programs must be ac- knowledged. Many of the revolutionary cell phone based programs that were discussed in the previous section are limited to pilot programs, specic NGOs, or narrow geo- graphical areas due to logistical limitations, limiting the overall ecacy of cell phones in HIV/AIDS programs. 18 A substantial obstacle is the issue of cost. In some nations, the cost of SMS text messaging and cell phones is relatively low. In India, for example, the national AIDS program has instituted a program that delivers weekly treatment reminders to 1,600 patients in a Bangalore clin- ic that include a picture message and a interactive voice response call. The current cost per person is reported to be US $2.82 per patient annually and by 2017 the cost is expected to fall to US $0.68. Researchers estimate that expanding the program to include the projected 800,000 people on antiretroviral treatment by 2017 will only cost 0.16% of Indias current ve-year AIDS budget. 19 In na- tions like Myanmar, however, the feasibility of scaling up a similar program to the national level is less nancially viable, both due to poor cell phone networks and exorbi- tant prices. 20 A further obstacle relating to cost is the issue of reimbursement. The diculty involved with reimbursing community health workers and third-party services has been shown to limit the ecacy of pilot cell phone based programs in Nairobi, and similar issues have been report- ed in Southeast Asia. 21 If cost and reimbursement issues exist in programs that are limited to single villages or clinics, these challenges will simply be exacerbated when scaled up to a national level, and may, in fact, prevent the expansion of cell phone based programs if not appropri- ately addressed. This requires a signicant investment in the human resource and IT departments of ministries of health, government departments and NGOs. 61 Another signicant weakness of the current applica- tions of cell phones in HIV/AIDS programs is the reliability, or lack thereof, of cell phone service and long-term access to patients via cell phone. Although the ownership of cell phones in Southeast Asia is widespread, there are many regions, particularly in rural or border areas, with little to no cell phone service, resulting in the further alienation of groups that are often already marginalized. Rural popula- tions already have limited access to public education, and thus health education, while border populations are of- ten immigrant populations that do not speak the national language or receive public education. 22 Furthermore, frequent acquisition and change of cell phones and SIM cards in Southeast Asia, as well as the possibility of the loss or theft of cell phones, introduces additional areas of consideration. 23 Long-term communi- cation between health workers or clinics and patients is made vulnerable by the possibility that a phone may be disconnected or discarded, limiting the ecacy of HIV/ AIDS prevention or treatment programs that are overly reliant on the use of cell phones. Moreover, the ease of transfer of cell phones between people, either by choice or through theft, magnies the problems concerning patient condentiality and privacy rights if cell phone based programs include the transmission of lab results, HIV status or even antiretroviral reminders via cell phone due to the stigma that remains regarding HIV/AIDS in some Southeast Asian nations. 24,25 Thus, these issues must be taken into consideration when drafting nation-wide HIV/AIDS policy or programs that involve the use of cell phones. The second way cell phones pose problems for HIV/ AIDS programs is how the rising popularity of cell phones has altered social practices in Southeast Asia, thus limit- ing the current ecacy of previously successful treatment and prevention programs. The most glaring example of this phenomenon are the recent changes in commercial sex practices in Southeast Asia. The cornerstone of the regions groundbreaking response to the potential HIV/ AIDS epidemic of the 1980s was its remarkable focus on the commercial sex industry. In Thailand and Cambodia particularly, where commercial sex workers exhibited shocking rates of HIV infection and commercial sex es- tablishments formed the majority of prostitution activity, the government targeted commercial sex establishments and made the proprietors responsible for 100% condom usage. Furthermore, by providing free condoms to com- mercial sex workers, focusing sexual health education on known areas of commercial sex activity and by testing sex workers regularly, the spread of HIV through commercial sex was dramatically reduced. 26 However, the nature of prostitution in Southeast Asia has changed, in large part due to cell phones. While the majority of the commercial sex industry used to be concentrated in brothels located in densely focused red- light districts, prostitutes with inexpensive cell phones are now able to pursue their profession outside tradition- al institutions. 27 While this might be regarded as an eco- nomic victory for sex workers as they now receive their full fees, it has come at the sacrice of progress against HIV/AIDS. Sex workers who operate independently and rely on cell phones are far less likely to require condom usage than those in brothels, and thus are much more likely to contract HIV. As reported by the New York Times in November of 2012, Prostitutes [in India] said they had surrendered some control in the bedroom in exchange for far more control over their incomes. 28 The advent of cell phone usage in the commercial sex industry has not only increased HIV infection rate among commercial sex workers, it also has dramati- cally lessened the ecacy of sexual health education programs as they can no longer be targeted at specic geographic areas. Additionally, the testing of commercial sex workers is now much more dicult and less wide- spread since they operate independently of traditional institutions. 29 It is thus imperative that Southeast Asian nations adjust their HIV/AIDS programs to this new social landscape, one revolutionized by the prevalence of cell phones. III. Potential future problems posed by the popularity of cell phones and their use in HIV/AIDS prevention and treatment programs While the changes in the commercial sex industry due to cell phones are the most apparent and easily detectable, cell phones will likely also change the nature of other risk-behaviors, including drug usage and the trend of multiple sexual partners. Similar to commercial sex workers, intravenous drug users in Southeast Asia have traditionally been very densely focused in terms of geography, particularly in urban areas. 30 The ease of communication via cell phone, however, is slowly chang- ing this dynamic. Instead of congregating in areas known for drug usage to conduct sales and, consequently, inject, intravenous drug users now have more mobility to meet in isolated locations. This will not only reduce the e- cacy of HIV/AIDS education programs and the frequency of HIV testing that Southeast Asian governments have traditionally conducted in areas known for drug sales, but it will also dramatically threaten clean needle and opioid substitution programs that have been proven remarkably successful in limiting new infections among drug users. 31 In fact, intravenous drug usage is now the major driver of HIV transmission in Asia. According to UNAIDS, approximately 16% of intravenous drug users in Asia are HIV positive. In some nations, this rate is even higher, between 30% to 50% in Thailand and 32% to 58% in Viet- 62 nam. Furthermore, recent research shows that com- mercial sex workers are now more likely to contract HIV through intravenous drug usage than from their sexual partners. 32 The changing infrastructure of drug usage and HIV transmission due to cell phone usage must be addressed. Similarly, the popularity of cell phones has been shown to increase the prevalence of multiple sexual partners amongst young populations (between 16 and 25 years of age) in Southeast Asia. By making it easier to meet with multiple partners and to hide partners from each other, cell phones are facilitating risky sexual behav- ior. The particular challenge of this trend is that it often aects married couples or couples in long-term relation- ships, a population that is not in any way geographically concentrated nor discernable from an outside perspec- tive and that is unlikely to consistently use barrier protec- tion like condoms. 33,34 IV. Suggestions for adapting HIV/AIDS prevention and treatment programs in Southeast Asia to the rising popularity and use of cell phones As the current applications, as well as current or fu- ture problems, regarding cell phones and their relation to HIV/AIDS programs are discussed, it quickly becomes evi- dent that cell phones are indeed both part of the solution and part of the problem. Thus, in order to most compre- hensively adapt current HIV/AIDS programs in Southeast Asia to the rising use of cell phones, both of these oppos- ing functions must be addressed. It is necessary to both capitalize upon the advantages of cell phones in public health programs and to tackle the dynamics through which cell phones now hinder the ecacy of current programs. Firstly, Southeast Asian nations must commit them- selves to take advantage of the benets of cell phone usage in HIV/AIDS programs. The most exciting improve- ment of current prevention and treatment programs is that cell phones grant governments the chance to reach out to populations that are usually excluded from sexual health or HIV/AIDS education in Southeast Asia. A press- ing issue is that of language barriers. Due to the preva- lence of ethnic minority groups, immigrants, migrant workers and undocumented residents in Southeast Asian nations, a considerable segment of the population is often not procient in the national or ocial language. This not only means that they likely do not attend public schools and thus do not receive any institutional sexual health education, but it also means that they are often excluded from the reach of advocacy and education campaigns due to their language barrier. 35 The ability and relative ease of sending pictograph text messages and pre-recorded phone messages in languages other than the national language would allow for the inclusion of groups usually marginalized by language in national HIV/ AIDS programs. 36 Another commonly marginalized segment of the population are gay, lesbian and transgender individuals who often face social stigma or exclusion due to their sexual orientation and behaviors. 37 The ability to reach out to these populations through the relative privacy of text messages or phone calls, which does not require dis- closing their sexual status to their community and facing the repercussions of this information, must be grasped by Southeast Asian governments. Any future HIV/AIDS program must capitalize on this opportunity to engage with LGBT communities, especially since the prevalence of HIV/AIDS amongst men who have sex with men (MSM) and transgender individuals remains high in Southeast Asia. 38,39 Governments must also adapt their HIV/AIDS pro- grams to better engage low socio-economic populations via cell phone. Many children born into poor, rural com- munities in Southeast Asia drop out of school at a young age to begin working as laborers. As a result, many are illiterate or have very limited reading levels. Further- more, these populations were unlikely to receive sexual education in school. 40 Thus, the usage of pictogram text messages and pre-recorded phone calls, as well as the establishment of nationwide help-lines and counseling services via text message, would integrate populations of low socio-economic status into national HIV/AIDS policies and programs from which they have been traditionally excluded or less eectively targeted. 41 Finally, cell phones also give Southeast Asian govern- ments the unique opportunity to reach out to the young members of their societies in a way that does not alien- ate them from their peers. Most adolescents or young adults in Southeast Asia (between 16 and 25 years of age) missed the intensive HIV education campaigns of the 1990s and thus are generally less informed in regards to HIV/AIDS than the generations that preceded them. 42
This is reected in the increased incidence of HIV among youth in Southeast Asia. 43,44 Unsurprisingly cell phone us- age is higher among the youth in Southeast Asia than in the general population. Thus, cell phone based education and counseling programs are a particularly eective man- ner to inform upcoming generations about the disease in a way that includes lower risk of social stigma or discrimi- nation than traditional, in-person education programs. Apart from the targeting of populations that are usually marginalized from HIV/AIDS eorts or were not included in the extensive programs of the 1990s, there are several other areas in which Southeast Asian govern- ments must take advantage of cell phones. A revision of current oversight systems must be undertaken with the goal of employing cell phones to oversee the information 63 that is being propagated by community health workers, to access their follow-up work with clients and to track trends in community health activities. Moreover, partner tracing has historically been a weakness of HIV/AIDS pro- grams, mainly due to logistical and privacy diculties. A reinvigoration of partner-tracing programs is long over- due and Southeast Asia, with its history of revolutionary HIV/AIDS programs, has both the opportunity and, per- haps even the responsibility, to invest in a comprehensive cell phone based partner tracking system. Finally, the long-term success of the application of any cell phone based treatment and prevention program requires a well-developed and extensive human resource and IT capabilities for reasons including: the reinforce- ment of the use of cell phones, the targeting of retention rate obstacles and the simplication of reimbursement complications. Thus, Southeast Asian governments ought to modernize their human resource and IT departments to not only catch up with and support existing cell phone based programs, but also to provide for the needs of future cell phone based systems. The second necessary component of Southeast Asian nations response to the modern reality of HIV/AIDS is the adaptation of past programs to the dynamics cre- ated by widespread cell phone usage. The majority of this eort will be through the realization that action focused on at risk groups (such as commercial sex workers, intravenous drug users and men who have sex with men) can no longer be designed and implemented with the same level of reliance on geographically focused popula- tions. Instead, these groups must be addressed in a more geographically exible and individual manner. Further- more, the factors that lead to the changes in social trends and the dynamics of risk behaviors, such as the economic incentives of engaging in commercial sex work outside traditional institutions, must be taken into account. A fea- sible method for creating such individualized and local- ized prevention and treatment responses is through the cell phone based methods delineated above. Moreover, instead of continuing with HIV/AIDS pro- grams that focus on at risk groups that are no longer as geographically localized as they were in the past, South- east Asian nations should shift their existing well-devel- oped and comprehensive infrastructure of geographically and population-focused HIV/AIDS programs to instead target adolescents and young adults. While it is no longer as feasible to address commercial sex workers or intra- venous drug users en masse, it is still possible to employ the large-scale policies and programs that were proven eective in the 1990s and early 2000s; they simply must be redirected towards upcoming generations. The trend that most alarms public health and medi- cal professions regarding HIV in Southeast Asia is the number of adolescents and young adults who contract the virus every year. Mechai Viravaidya, the famous Thai HIV/AIDS campaigner who, in 1991, began a program that is credited by the United Nations with creating a 90% decline in new infections over 12 years, estimates that 250,000 Thais are currently unaware that they are HIV positive, most of whom are young adults who continue to engage in sexual activities. As Mechai warns, young Thais no longer realize how easy it is to become infected with HIV. They allow their erections to rule their lives rather than their brains. 45 Southeast Asia, led by Thailand, once mobilized a staggeringly impressive coalition of national governmen- tal departments, NGOs and local community health cen- ters that, together, turned around what was expected to be an HIV/AIDS epidemic that would ravish their nations. The world is admittedly no longer the same place it was in 1988; it is a more complicated one. This time around, however, the region has the advantage of 20 years of HIV/ AIDS experience. While existing policies and programs must be adopted for the current realities of the virus, notably the role cell phones play in modern society, and the transition of bureaucratic infrastructure will undoubt- edly be laborious, it is doable. In December, Mechai ac- cused the Thai government, along with their counterparts across Southeast Asia, of falling asleep at the wheel. 46 It is time to wake up. 64 DEFENSE DIPLOMACY & 65 Adrian Jaycox BUILDING ECONOMIC TIES WITH MYANMAR Introduction Myanmar has had a long history of autocracy, stretching back to a military coup in 1962, when General Ne Win toppled a civilian government, and Myanmar has had military rulers ever since. The current military leaders started in the State Law and Order Restoration Coun- cil (SLORC), which was formed in 1988 amidst popular unrest. The SLORC denied the results of a 1990 election that overwhelmingly elected the National League for Democracy (NLD) and Daw Aung San Suu Kyi, forming the foundation of todays two primary internal political actors (though SLORC did change its name to the State Peace and Development Council, or SPDC, in 1997)1. The formation of the junta and its rejection of the election results led to the emplacement of US and international sanctions against the country, isolating it from much of the world and slowing economic growth. Among the US sanctions were the prohibition of new investment in Myanmar and the banning of Burmese imports. On the other hand, China did not follow suit. Ben- eting from the lack of competition, especially from Western rms, and the lack of political engagement from Western governments, China invested heavily in its relationship with Myanmar. China shielded Myanmar diplomatically, especially in the UN Security Council, blocking Western-led resolutions against it and stand- ing up to subsequent US pressure. In addition, Chinese state-owned companies invested heavily in the country, especially in natural resources and infrastructure, as a way for China to obtain stable sources for the requisite raw materials it needs to fuel its economy. Myanmar is made even more important to China because of its strategic location in Southeast Asia, with sea access to the Bay of Bengal and a direct border with China. This gives China the opportunity to create transit links that go directly from China to Myanmar and the Indian Ocean region, which reduces Chinas dependence on the heavily tracked Straits of Malacca, through which four fths of Chinas oil imports pass5. This part- nership where Myanmar sells its resources and allows China to take advantage of its position, in return for Chinas propping up of the regime internationally and economically, has greatly beneted both states. More recently, however, Myanmar shifted to a nomi- nally civilian government in 2011 with Thein Sein, the former prime minister of the SPDC, as the new president. Several months later, important policy changes started occurring. Myanmar suspended the giant Chinese- backed Myitsone Dam project amongst both wide- spread popular discontent over the project and rising fears amongst the junta of growing Chinese inuence over Myanmar, released some political prisoners, al- lowed greater press freedoms, and began working with the newly-freed Suu Kyi4. These, along with elections that have seen the NLD and Suu Kyi herself become part of the new Parliament, have led to the relaxing of most international sanctions6. Now is the time for the US to take advantage of and support the changes occurring in Myanmar by pushing for closer ties, especially by increas- ing trade and investment. e Case for Closer Ties with Myanmar Myanmar is one of the most underdeveloped coun- tries in the region, and yet is resource-rich and a critical link between the Indian Ocean, Southeast Asia, South Asia, and China. American companies have the where- withal, expertise, and technology needed to establish themselves before competitors get entrenched. But speed is an important factor here. Building economic ties would be especially benecial now in order to speed up the current economic recovery, and the US was late in the game to relax its sanctions, giving European countries and Japan, among others, a head start. For example, Ja- pan is making a concerted eort to improve its economic position in Myanmar, sending top government ocials to improve relations with Burmese ocials, oering near giveaway loans, forgiving Myanmars debt to Japan, and organizing Japans largest corporations to plan and con- struct a variety of infrastructure projects, which will con- veniently be nished before Mr. Thein Seins reelection. Increased economic ties with Myanmar would have the additional eects of reducing its dependence on China and diversifying its economic relations, which would enable greater cooperation with the US. Myanmar has historically pursued a non-aligned foreign policy, and Myanmars growing economic and diplomatic depen- dence upon China for regime survival is becoming a growing concern for military leaders, coinciding with an increasing popular hostility towards China. Myanmar doesnt want to become so beholden to China that it gains inuence over the countrys internal dynamics it has an interest in democratization and economic reform. By allowing greater participation from its people in government decision making and by relaxing restric- tions on the population, Myanmar encourages the lifting of international sanctions and the resumption of wide international economic activity, which enables a broader rebalancing in its foreign relations. . Its new relationship with the outside world has helped Myanmar shed its image as a pariah state, giving it greater respect and new opportunities for regional leadership, underlined 66 Leah Reiss RETHINKING THE UNITED STATES EMBARGO AGAINST CUBA by its intention to assume the ASEAN chairmanship in 20143. Myanmar will gain greater legitimacy at home too, with a general improvement of peoples lives economi- cally, the granting of some freedoms, and its public col- laboration with Suu Kyi, which contrasts with its previous increasing alienation from society because of autocratic rule and the concentration of the countrys wealth in the hands of the military elite. Possibilities for US Policy The US should do what it can to encourage democ- ratization in Myanmar, but its important that it recognize its limits and the potential for its actions to backre. Myanmar is implementing reforms out of the militarys own free will, with protests, sanctions, and other forms of pressure for decades failing to coerce Myanmar into liberalizing. The US needs to give Myanmar breathing room to go at its own pace as much as wed like it, they arent going to become a Western-style democracy over- night. Before the reform process began, the military had complete power over the country, and their continued strength gives them the ability to reverse reforms if they chose to do so. At the same time, the new political and economic climate is empowering new social organizations in Myanmar. Until new actors become large and estab- lished enough to challenge it, the military will remain the central actor in Myanmar. Greater economic opportunity could bring many people out of poverty, and lessened repression grants greater space and new power centers in political organization and civil society. To facilitate this, the US should strive to provide incentives for further reforms and be sure to reward Myanmar for the reforms it does implement. Rewarding reforms will simultane- ously help opposition groups and strengthen the reform- minded members of the military in their struggle against hard-liners who oppose surrendering any of the militarys power, enabling further reform. The US can also focus on helping Myanmar to modernize its legal system. For ve consecutive years, Myanmar has been ranked as having the worlds worst legal system for doing business, and has little protections for foreign companies and investment. Much of its legal structure was established in the 1960s, a period inu- enced by socialist ideology. The US rst needs to take a few important steps in order to help craft modern busi- ness rules for Myanmar and enable American businesses to take advantage of Myanmars future development. Rather than pre-arrange a package of reforms to hand to the government in exchange for monetary aid, as was done in parts of Central America, the US should partner with both elements from the ruling military elite and op- position groups such as Suu Kyis NLD to craft short, medium, and long-term goals that reect local customs and realities. The US should then provide varying stages of economic aid as new legal reforms are negotiated and implemented, contingent on the substance of proposed reforms and continued cooperation between the mili- tary and the opposition in the legal reform process. This would have the double eect of facilitating economic development while fostering the meaningful use of democratic processes in governance. Conclusion
Engagement with Myanmar oers the US a myriad of benets, including increased cooperation and trade, a Myanmar less dependent on China, and the potential for stronger democratic institutions in the country. To im- prove relations, US policymakers should take a careful ap- proach to Myanmar. At least for the time being, it seems that a good strategy is to let the regime-managed transi- tion to democracy proceed, encouraging and rewarding reforms as they materialize. Renewing business relations and crafting legal reforms is less fraught with political risk, while yielding the greatest returns for the future. Introduction Relations between the United States and Cuba have been dened by varying degrees of strain since Fidel Castros Communist takeover of the country in 1959. We are decades removed from catastrophes such as the Bay of Pigs invasion and the Cuban Missile Crisis, but we are still aected by more recent altercations like the Elin Gonzlez controversy and the 2009 arrest of Alan Gross in Cuba. That being said, does the US have legitimate reasons for continuing the embargo? Where do we stand? According to the 1992 Cuban Democracy Act, the reasoning behind the embargo includes the regimes dis- regard for internationally accepted standards of human rights and for democratic values, restriction of the Cu- ban peoples exercise of freedom of speech, press, assem- bly, and other rights recognized by Universal Declaration of Human Rights adopted by the General Assembly of the United Nations, and no signals that the Castro regime is prepared to make any signicant concessions to democ- racy or to undertake any form of democratic opening. 1 In addition, our stated purposes include seeking a peaceful transition to democracy and a resumption of 67 economic growth [through]support for the Cuban people, while seeking the cooperation of other demo- cratic countries in this policy. 2 Do these charges and purposes still hold today? This is an integral question when considering the future of the embargo. Looking at one of the stated goals, gaining sup- port of other democratic countries, it is clear that the US has not followed through. e Embargo on the World Stage The embargo does not further our standing in the world or our image as a global supporter of human rights, especially among other democratic nations. The General Assembly of the United Nations has condemned the embargo and called for its removal every year since 1992, with Israel as the only consistent supporter of the embargo, apart from the US itself. 3 But we cannot only look at the eect of the embargo on the US. We claim that the purpose of the embargo is to encourage Cuba to implement an open economic system, and thus foster economic growth, however, as stated in a report to the UN Sub-Commission on the Promotion and Protection of Human Rights, the United States is the major regional economic power and the main source of new medicines and technologies Cuba is subject to deprivations that impinge in its citizens human rights. 4 This testimony demonstrates that not only is the US limiting Cubas po- tential for economic growth, but it is also infringing upon the human rights of its citizens. What can we do? There is multilateral support for an end to the em- bargo with Cuba. The possibility is supported, not only by the United Nations and other international bodies, but also within the United States. Ocials as high up as former Secretary of State Hillary Clinton and President Barack Obama have both expressed reservations regard- ing the continuation of the embargo. In addition, a ma- jority of the US population supports ending the embargo. With both political and popular support, this would be a good time for the US to take the rst step towards estab- lishing diplomatic relations with Cuba. There are several options for dealing with the cur- rent situation in Cuba. One option of course is to leave sanctions as they currently exist and continue to follow the principles laid out in the Cuban Democracy Act of 1992 and the Cuban Liberty and Democratic Solidarity Act of 1966. However, I will not explore this option in much detail because I do not believe that the current situation is benecial for either Cuba or the US. The other extreme would be to eliminate the sanctions all at once in their entirety. This is also an option I will not explore in detail because it is not politically feasible. The other possibilities for consideration all involve some degree of balance between opening trade and communication between the US and Cuba, but still holding some degree of sanctions (at least temporarily) in order to encourage the Cuban government to open the political system. One preliminary change that I argue is an essential rst step in any plan going forward is to reopen diplomatic relations with Cuba. Currently, the US is rep- resented in Cuba by the US Interests Section (USINT) in Havana. According to the USINT, its functions can be com- pared to those of other US embassies or Consuls in other nations, providing consular services, public diplomacy, and other such functions. However, the USINT is really quite dierent from other forms of US presence abroad. Because the US and Cuba do not have formal relations, USINT is ocially operated out of the Swiss Embassy. However, the Cuban government and USINT do not have a working relationship, thus its purpose as it currently exists is questionable. In order to do this, the USINT, or whatever consular administrative body replaces it, must be ocially housed within the US government. After this rst step is taken, there should be an attempt made by the US government to begin formal ne- gotiations surrounding the embargo and economic sanc- tions. The current hands-o policy under which the US is operating is insucient to eect any real change. The two governments must meet to discuss terms and conditions for a possible end to economic sanctions. The US cannot use as a reason for the lack of negotiation the fact that Cubas government is a single-party government. In fact the US has diplomatic relations with other nations with single-party governments, signicantly China. Once the US and Cuba have opened a line of com- munication, then actual negotiations can begin. The US wants Cuba to cease the various human rights violations it commits against its citizens including, but not limited to, persecution of political dissidents and heavily restrict- ing access to dierent forms of media and to open its government so that it resembles a participatory democ- racy. We can only infer as to what Cubas interests are, given that we currently have no ocial communication with the government, but it is probable that Cuba wants to have a viable economy, to be able to provide for its citizens, and to govern itself independently of outside interference. What comes next? Cubas future is uncertain. In 2008 Fidel Castro resigned from his position as President of Cuba, leaving the position to his brother, Raul. This change, though its clear that the Castros inuence in the country was still strong, brought about speculation as to what the govern- ment would look like when the members of the Revolu- tion Generation began to leave their positions. Now is the time to rethink our relationship with Cuba. Whichever 68 way the US ultimately decides to proceed, the process for carrying out any policy changes must be undertaken incrementally. Even if it is the step we eventually reach, we cannot completely eliminate the embargo all at once. We need to take small steps and observe the progress made with each step. This has already begun on a small scale with loosening travel and export restrictions. How- ever, this may be too small of a scale to start. We cannot wait for Cuba to take the rst move because we are the stronger power. The US must make an eort to reestab- lish diplomatic relations, and analyze the reactions and results of every subsequent step taken. 69 Endnotes Economic Development Siran Jiang, An Analysis of IMF Structural Condi- tionality 1. Elizabeth Borgwardt, A New Deal for the World (Cam- bridge, MA: Harvard University Press, 2005), 88-90. 2. Michel Camdessus as quoted in James M. Boughton, Globalization and the Silent Revolution of the 1980s, Finance and Development, March 2002, Vo. 39, No. 1. 3. James M. Boughton, Globalization and the Silent Revo- lution of the 1980s, Finance and Development, March 2002, Vo. 39, No. 1. 4. John Williamson as quoted in Center for International Development at Harvard University, Washington Consen- sus, http://www.cid.harvard.edu/cidtrade/issues/wash- ington.html (February 21, 2013). 5. Center for International Development at Harvard University, Washington Consensus, http://www.cid. harvard.edu/cidtrade/issues/washington.html (February 21, 2013). 6. Manuel Pastor, Jr., Latin American Perspectives , Vol. 16, No. 1, Latin Americas Debt and the World Economic System. (1989), 82. (http://www.jstor.org/) 7. Manuel Pastor Jr., 83-84. 8. Ibid, 85. 9. Ibid, 87. 10. Jan Joost Teunissen, An Inquiry into the Nature and Causes of Poverty: By Way of Introduction, from Helping the Poor? The IMF and Low-Income Countries. Fondad, June 2005, www. Fondad.org., 9. 11. Ibid, 9. 12. Ibid, 6. 13. Graham Bird, The IMF and Poor Countries: Toward a More Fullling Relationship, from Helping the Poor? The IMF and Low-Income Countries. Fondad, June 2005, www. Fondad.org., 40. 14. Jacque J. Polak, The Changing Nature of IMF Condi- tionality from Financial Policies for Global Dissemination of Economic Growth, August 1991, http://www.oecd.org/ development/pgd/1919583.pdf, 24. 15. Matthew Martin and Hannah Bargawi, A Changing Role for the IMF in Low-Income Countries, from Helping the Poor? The IMF and Low-Income Countries. Fondad, June 2005, www. Fondad.org., 96-97. 16. Jacque J. Polak, 24. 17. Matthew Martin and Hannah Bargawi, 96. 18. Ibid, 97. 19. International Monetary Fund, Operational Guidance to IMF Sta on the 2002 Conditionality Guidelines: Re- vised, January 25, 2010, www.imf.org, 6-7. 20. Matthew Martin and Hannah Bargawi, 97-98. 21. Ibid, 100-101. 22. Ibid, 99. 23. Ibid, 117-118. 24. Louis Kasekende as quoted in Jan Joost Teunissen, An Inquiry into the Nature and Causes of Poverty: By Way of Introduction, from Helping the Poor? The IMF and Low- Income Countries. Fondad, June 2005, www. Fondad.org., 11. 25. Ibid, 11. 26. Graham Bird, 44. 27. Ibid, 44. 28. Ibid, 44. 29. Ibid, 45. Audrey Greene, Now or Never: Ending the U.S.- Brazil Cotton Dispute 1. http://www.whitehouse.gov/blog/2012/04/09/presi- dent-obama-meets-president-rousse-brazil 2. Schnepf, Randy. June 30, 2010. Brazils WTO Case Against the U.S. Cotton Program Congressional Research Service study. www.fas.org/sgp/crs/row/RL32571.pdf 3. Farm bill delay is exacerbating Brazil-U.S. cotton dispute: - The Hills Congress Blog. The Hill. 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Elinor Ostrom, Governing the Commons: The Evolution of Institutions for Collective Action (Cambridge: Cam- bridge University Press, 1990). 3. Ibid. 4. Timothy Frye, Coalitions and Federalism (lecture, Co- lumbia University, New York, NY, November 15, 2012). 5. Kenneth A. Shepsle and Mark S. Bonchek, Public Goods, Externalities, and the Commons, in Analyzing Politics: Rationality, Behavior, and Institutions (New York: W.W. Norton & Company, 1996), 278. 6. Ibid, 264. 7. Alberto Alesina and Edward Glaeser, Fighting Poverty in 70 the US and Europe: A World of Dierence (Oxford: Oxford University Press, 2004), 88. 8. Ibid. 9. Ostrom, Governing the Commons, 18. 10. Ibid, 15. 11. Ibid, 17. 12. Andrew Beath, Fotini Christia, and Ruben Enikolopov, Direct Democracy and Resource Allocation: Experimen- tal Evidence from Afghanistan, Policy Research Working Paper 6133 (The World Bank, 2012). 13. Alberto Alesina, Ricardo Hausmann, Rudolf Hommes, and Ernesto Stein, Budget Institutions and Fiscal Perfor- mance in Latin America, Working Paper Series 394 (Inter- American Development Bank, 1999). 14. Henning Bohn and Robert P. Inman, Balanced Budget Rules and Public Decits: Evidence from the U.S. States, Working Paper No. w5533 (National Bureau of Economic Research, 1996). 15. G. Bingham Powell, Elections as Instruments of Democracy: Majoritarian and Proportional Visions (New Haven: Yale University Press, 2000). 16. Ibid, 16. 17. Robert J. Barro, The Ricardian Approach to Budget Decits, The Journal of Economic Perspectives 3.2 (1989); Mankiw, Macroeconomics, 479-85. 18. Mankiw, Macroeconomics, 479. 19. Ibid, 478. 20. Barro, The Ricardian Approach to Budget Decits, 38. 21. Historical Individual Income Tax Parameters, Urban Institute and Brookings Institution, January 10, 2012, http://www.taxpolicycenter.org/taxfacts/displayafact. cfm?Docid=543. 22. This utility function and subsequent results obtained from Ricardo Reis, Unemployment (lecture, Columbia University, New York, NY, October 3, 2012). Maren Killackey, Rethinking the Regulation of RoSCAs Worldwide 1. F. J. A. Bouman, Rotating and Accumulating Savings and Credit Associations: A Development Perspective, World Development (1995): 371-384 2. Dr. Ronald Severson, Linking Savings and Loan Asso- ciations to External Financing: A guide for practicioners. Danish Forum for Micronance (DFM) 2012 3. Ibid 4. Ibid 5. Timothy Besley, Stephen Coate, and Glenn Loury, The Economics of Rotating Savings and Credit Associations, The American Economic Review (1993): 792-810 6. Ibid 7. Bouman 1995 8. Ibid 9. Besley 1993 10. Graham A.N. Wright. Principles and Practice: Myths of Regulation and Supervision, 12 January, 2000 11. Prajakta Kharkar Nigam, Regulation is not the pana- cea we are looking for to cure ills of savings co-opera- tives, blogs.lse.ac.uk 2012 12. Kenny Kline and Santadarshan Sadhu, Micronance in India: A New Regulatory Structure, Centre for Micro- nance 2011 13. Wang Wei and Zhang Lijuan, Discussion on Legal Reg- ulation Problem of ROSCA, International Conference on Future Computer Science and Education (2011): 506-508 14. Wright 2000 15. Florent Bedecarrats, Johan Bastiaensen, and Francois Doligez, Co-optation, Cooperation or Competition? Micronance and the new left in Bolivia, Ecuador and Nicaragua, Third World Quarterly (2012): 143-160 16. Benda 2012 17. Bouman 1995 18. Catherine Ndinda and Ufo Okeke Uzodike, Access- ing Housing Finance in South Africa: The Role of Women Activism, Wagadu (2006): 75-91 19. Severson 2012 20. Linda Mayoux, Womens Empowerment through Sus- tainable Micronance: Rethinking Best practice. www. gennance.net 2006 21. Cecilia Benda, Community rotating savings and credit associations as an agent of well-beign: a case study from northern Rwanda, Community Development Journal (2012): 1-16 22. Wei and Lijuan 2011 23. Wright 2000 Brit Byrd, Engaging Suburban Poverty: A New Federal Framework 1. Kneebone, E., & Garr, E. (2010). The suburbanization of poverty: Trends in metropolitan America, 2000 to 2008. Metropolitan Policy Program at Brookings. 2. State of Metropolitan America Indicator Map. 2012. [Interactive map of population and demography trends from 2000-2010 using census data]. Metropolitan Policy Program at Brookings. Retrieved from http://www.brook- ings.edu/research/interactives/state-of-metropolitan- america-indicator-map/ 3. Berube, A., & Institution, B. (2012). The continuing evolution of American poverty and its implications for community development. Federal Reserve Bank of San Francisco. 4. Glaeser, E. (n.d.). Triumph of the City (pp. 1-15). New York, NY: Penguin. 5. Smith, R. L. (2012, April 27). Clevelands inner city is growing faster than its suburbs as young adults ock downtown. The Plain Dealer. Retrieved March 15, 2013 6. Muro, M., & Katz, B. (2010). The New Cluster Moment: How Regional innovation Clusters Can Foster the Next Economy. Metropolitan Policy Program at Brookings. 71 7. Muro, M., & Katz, B. (November 13, 2012) Remaking Federalism | Renewing the Economy. Metropolitan Policy Program at Brookings. 8. Muro, M. (February 27, 2013) Regional Innovation Clus- ters Begin to Add Up. Up Front Blog. Metropolitan Policy Program at Brookings. 9. Berube, A., & Institution, B. (2012). The continuing evolution of American poverty and its implications for community development. Federal Reserve Bank of San Francisco. 10. Adler, B. (2012). Inside Job: How the Obama admin- istration is reshaping urban policy [Electronic version]. Forefront, 1(3). 11. Muro, M., & Katz, B. (2010). The New Cluster Moment: How Regional innovation Clusters Can Foster the Next Economy. Metropolitan Policy Program at Brookings. Education Katherine Haller, Reforming State Policies on Sex Education 1. Alabama State Prole. National Coalition to Sup- port Sexuality Education. http://www.ncsse.com/index. cfm?fuseaction=Page.ViewPage&PageID=1009#_edn2 2. Oce of School Wellness Programs. Sexual Health Education in Middle and High School. NYC Depart- ment of Education. http://schools.nyc.gov/NR/ rdonlyres/44111047-BCA9-43D0-9744-1279DDB- F3EB9/116500/SexualHealthEducationReferenceSheet2. pdf 3. Sexual Risk Behavior: HIV, STD, & Teen Pregnancy Prevention. Centers for Disease Control and Prevention. July 24, 2012. http://www.cdc.gov/HealthyYouth/sexual- behaviors/ 4. Conklin, Kurt. Adolescent Sexual Behavior: Demo- graphics. Advocates for Youth. February 2012. http:// www.advocatesforyouth.org/publications/413 5. Facts on American Teens Sources of Information about Sex. Guttmacher Institute. February 2012. http://www. guttmacher.org/pubs/FB-Teen-Sex-Ed.html 6. State Policies in Brief: Sex and HIV Education. Guttm- acher Institute. March 1, 2013. http://www.guttmacher. org/statecenter/spibs/spib_SE.pdf 7. Lemonade from Lemons: The Obama Administrations Plan for Implementing the Title V Abstinence Education Program. Guttmacher Policy Review 13 (2010): 24. http:// www.guttmacher.org/pubs/gpr/13/3/gpr130324.pdf 8. Ibid. 9. Personal Responsibility Education Program (PREP). Advocates for Youth. http://www.advocatesforyouth.org/ publications/1742-personal-responsibility-education- program-prep 10. Teen Pregnancy Prevention 2010-2015. Centers for Disease Control and Prevention. February 12, 2013. http:// www.cdc.gov/TeenPregnancy/PreventTeenPreg.htm 11. Presidents Fiscal Year 2013 Budget Proves Continued Commitment to Sex Education. Sexuality Information and Education Council of the United States. February 14, 2012. http://www.siecus.org/index.cfm?fuseaction=Feature. showFeature&FeatureID=2122 12. Teen Pregnancy Prevention 2010-2015, op. cit. 13. HRC sta. Real Education for Healthy Youth Act Rein- troduced in Congress. Human Rights Campaign. February 15, 2013. http://www.hrc.org/blog/entry/real-education- for-healthy-youth-act-reintroduced-in-congress/ 14. H.R. 2874 Abstinence Education Reallocation Act of 2011. OpenCongress. http://www.opencongress.org/ bill/112-h2874/text 15. Trenholm et al. Impacts of Four Title V, Section 510 Abstinence Education Programs. Mathematica Policy Research, Inc. April 2007. http://www.mathematica-mpr. com/publications/PDFs/impactabstinence.pdf 16. Mississippi: Teen Birth Rate per 1,000 Popu- lation Ages 15-19, 2010. StateHealthFacts.org. 2010. http://www.statehealthfacts.org/proleind. jsp?cmprgn=31&rgn=26&ind=37 17. Mississippi School Health Policies. Mississippi Oce of Healthy Schools. http://www.healthyschoolsms.org/ ohs_main/resources/state_policies.htm 18. State Policies in Brief: Sex and HIV Education, op. cit. 19. New Hampshire. Healthy States. http://www.healthystates.csg.org/NR/ rdonlyres/448B93FA-89B5-4C68-A67A-FB1DC4FC0AD5/0/ newhampshirenal.pdf 20. Alford, Sue. Sex Education Programs: Denitions and Point-by-Point Comparison. Advocates for Youth. http:// www.advocatesforyouth.org/publications/655?task=view 21. Facts on American Teens Sources of Information about Sex, op. cit. 22. University of Washington in Seattle, news release. Sex Ed Can Help Prevent Teen Pregnancy. The Washington Post, March 24, 2008. http://www.washingtonpost.com/ wp-dyn/content/article/2008/03/24/AR2008032401515. html 23. State Policies in Brief: Sex and HIV Education, op. cit. 24. Oce of School Wellness Programs, op. cit. 25. State Policies in Brief: Sex and HIV Education, op. cit. 26. Sex Education in New York City Schools. NYC Depart- ment of Education. http://schools.nyc.gov/Academics/Fit- nessandHealth/StandardsCurriculum/sexeducation.htm 27. State Policies in Brief: Sex and HIV Education, op. cit. 28. Sexual Risk Behavior: HIV, STD, & Teen Pregnancy Prevention, op. cit. 29. Ibid. 30. State Policies on Sex Education in Schools. National Conference of State Legislatures. March 2013. http:// www.ncsl.org/issues-research/health/state-policies-on- sex-education-in-schools.aspx 72 31. Ibid. 32. Sexual Risk Behavior: HIV, STD, & Teen Pregnancy Prevention, op. cit. 33. State Policies on Sex Education in Schools, op. cit. Kendall Hope Tucker, Improving the EU Identity Problem through Foreign-Language Education Policy 1. Scharpf, Fritz Wilhelm. Governing in Europe: Eective and Democratic? Oxford: Oxford UP, 1999. Print. 2. 2. Scharpf. 187. 3. Herrmann, Richard K., Thomas Risse, and Marilynn B. Brewer. Transnational Identities: Becoming European in the EU. Lanham: Rowman and Littleeld, 2004. Print. vii. 4. Scharpf. 5. Hermann and Brewer. vii. 6. Erasmus Overview. Education, Audiovisual & Culture Executive Agency. N.p., n.d. Web. 03 Mar. 2013. 7. Identity Development - Aspects of Identity. Child De- velopment Reference. J Rank, n.d. Web. 8. European Report on the Quality of School Edu- cation - Sixteen Quality Indicators Report Based on the Work of the Working Committee on Quality Indicators.Directorate-General for Education and Culture (2000): n. pag. European Commission. Web. 9. Tharp, Roland, Peggy Estrada, Stephanie S. Dalton, and Lois A. Yamauchi. Teaching Transformed: Achieving Excellence, Fairness, Inclusion, and Harmony. Center for Research on Education, Diversity & Excellence Talking Leaves 3.3 (2000): n. pag. Web. 10. Why Study Foreign Languages? College of Arts and Sciences Foreign Languages & Cultures. Washington State University, n.d. Web. 03 Mar. 2013. 11. European Report on the Quality of School Education. 12. Sprechen Sie Job? EU Migration to Germany. The Economist 16 Feb. 2013: n. pag. Web. 13. European Report on the Quality of School Education. 14. Consolidated Version of the Treaty on the Function- ing of the European Union. Ocial Journal of the Euro- pean Union 83.47 (2010): n. pag. Web. 15. 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February 27, 2008, Editorials, The Washington Post: The Problem with Biofuels 2. June 24, 2011, Steven Rattner;, The New York Times: The Great Corn Con 3. June 12, 2012, Think Progress; The Corn Identity: The US Will Make Ethanol Out of Enough Corn to Feed 412 Million People 4. September 5, 2012; The Guardian, Timothy Wise: If We Want Food to Remain Cheap We Need to Stop Putting It in Our Cars 5. World Bank: Food Price Watch August 2012 6. April 13, 2011; Frances White: Pacic Northwest Na- tional Laboratory: Study: Algae Could Replace 17% of US Oil Imports 7. Ibid. 8. Ferrell, Reed: May 2010: US Department of Energy: National Biofuels Technology Roadmap (Executive Sum- mary, p. ii) 9. 2012 Sapphire Energy: Why Algae 10. 2012 Sapphire Energy: What is Green Crude 11. September 24, 2012; Todd Woody, Forbes Magazine: The US Militarys Great Green Gamble Spurs Biofuel Start- ups 12. Ibid. 13. March 8, 2012, Nash Keune; National Review: Algae: Fuel of the Future? 14. 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Faces of Famm- Federal Proles- Stephanie George, Families Against Mandatory Minimums, 20 Feb. 2013. 2. Michael A. Simons, Prosecutorial Discretion in the Shadow of Advisory Guidelines and Mandatory Mini- mums, Temple Political and Civil Rights Law Review 19 (2009-2010), 19 Feb. 2013. 384. 3. Simons, Prosecutorial Discretion in the Shadow of Ad- visory Guidelines and Mandatory Minimums. 384. 4. Michael Tonry, The Mostly Unintended Eects of Man- datory Penalties: Two Centuries of Consistent Findings, Crime and Justice 38 (2009), 19 Feb. 2013. 71. 5. Jennifer Seltzer Stitt, Worth Fighting For: Keeping the Promise of Sentencing Reform, Federal Sentencing Reporter 23 (2010), 19 Feb. 2013. 127. 6. Tonry, The Mostly Unintended Eects of Mandatory Penalties: Two Centuries of Consistent Findings. 69, 75. 7. Tonry, The Mostly Unintended Eects of Mandatory Penalties: Two Centuries of Consistent Findings. 86-87. 8. 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