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Wal-Mart Plays the Victim

October 2, 2010 by staff

By Phil Mattera 
First published by Dirt Diggers Digest, Sept 23, 2010

In the mid-1990s business groups such as the American Trucking Association – then led by Thomas Donohue, currently head of the U.S. Chamber of Commerce – launched a crusade to ban union corporate campaigns. The effort fizzled out, but now Wal-Mart may be trying something similar to thwart site fights pursued by community groups opposed to the opening of the giant retailer’s stores and distribution centers.

The company is pouncing on a story published in the Wall Street Journal in June reporting that rival grocery chains such as Safeway and SuperValu helped to pay for the services of a firm called Saint Consulting Group, which has worked with community groups around the country in campaigns against Wal-Mart projects. The article also reported that Saint’s fees are sometimes paid by the United Food and Commercial Workers. The UFCW does not hide the fact that it works with community groups opposed to the virulently anti-union Wal-Mart, whose expansion threatens the jobs of UFCW members at unionized competitors. The UFCW confirmed to the Journal that it has funded Saint and insisted it had every right to do so. The newspaper said that the rival chains declined to comment.

In a just-published follow-up article , the Journal reports that Wal-Mart is asking courts to compel its opponents to disclose who is paying their legal bills in various environmental lawsuits challenging the company’s expansion. This could be the first step in an effort to get courts and perhaps friendly legislatures to put restrictions on site fights and their funding. While Wal-Mart claims to be most upset about the involvement of its competitors, the company may try to use this issue to weaken community groups and the UFCW, its long-time nemesis.

It is the height of hypocrisy for Wal-Mart to complain about collusion among its adversaries. The beast from Bentonville has never hesitated to use every trick at its disposal – including the funding of front groups – to advance its expansion efforts. Over the summer it succeeded in getting permission to build a second store in Chicago by using tactics such as creating fake community groups and hiring low-income people to pose as demonstrators supposedly eager to get a Wal-Mart job. The company also pretended to have seriously negotiated with unions on wage rates for the store.

Several years ago, Wal-Mart sought to defuse criticism of its detrimental impact on local businesses by launching an “Opportunity Zone” program that amounted to little more than bribing small firms to back its agenda. In 2006 it came to light that two blogs that appeared to be written by independent supporters of the company were actually created by Wal-Mart’s public relations firm, Edelman. That was in addition to reports that the company was cultivating real bloggers, some of whom were repeating company talking points verbatim.

The amount of money Wal-Mart’s competitors have contributed to site fights probably does not compare to what Wal-Mart has spent itself. Apart from the direct costs of those site battles, the company cultivates political support through direct means such as campaign contributions and is believed to make wide use of indirect means such as giving consulting contracts to relatives of public officials.

State and local governments end up paying for the company’s campaigning through the economic development subsidies (estimated at more than $1.2 billion) they give to Wal-Mart and the forms of tax avoidance (estimated at billions more) that the company arranges for itself.

Wal-Mart may feel that the likes of Safeway and Supervalu are violating some unspoken rule by supporting site fights, but it has broken every rule in the book itself in pursuit of endless expansion. But rather than defending those rivals, the most important thing is to be sure Wal-Mart does not exploit this issue to put shackles on community groups and unions, which are often the only forces working against the company’s quest to take over everything.

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Filed Under: Walmart

Walmart Seeks to Force Disclosure of Opponents’ Funders

October 2, 2010 by staff

By Ann Zimmerman and Timothy W. Martin 
First published by the Wall St. Journal, Sept 22, 2010

Wal-mart Stores Inc. is fighting back against a longtime corporate-sabotage campaign undertaken by grocery competitors to slow its growth.

The Bentonville, Ark.-based retailer recently asked judges to require its opponents to disclose who is footing the legal bills in four out of the dozens of California lawsuits against Wal-Mart that have helped delay the company’s expansion.

Lawyers for Wal-Mart want to know if the protracted environmental suits have been funded not by grass-roots activists, as the company long thought, but rather by competitors. “We believe the court and the community have a right to know who is funding the suits,” said Wal-Mart spokesman David Tovar.

Wal-Mart filed the discovery motions after a June article in The Wall Street Journal said grocery competitors Safeway Inc., Supervalu Inc. and Ahold NV secretly funded hundreds of lengthy battles across the country opposing Wal-Mart’s efforts to open supercenters, which sell groceries and general merchandise. In some instances, the grocery chains’ efforts were aided by grocery-worker unions, which fear that Wal-Mart will suppress industry wages and benefits.

The grocers hired Saint Consulting Group, a land-use firm based in Massachusetts, to carry out antidevelopment campaigns against Wal-Mart using political tactics and suits to delay or derail the opening of Wal-Mart stores, the Journal said.

In two of the four California cases involving Wal-Mart, the Journal reviewed internal Saint documents that showed the consulting firm was hired by Safeway to thwart Wal-Mart’s expansion.

In all, Safeway hired Saint to organize more than 30 campaigns against Wal-Mart projects in the state in the past eight years.

One of them resulted in a court decision that made it more difficult to build big-box stores in California, according to Saint internal documents that list the company’s projects, clients and billing numbers.

Safeway, based in Pleasanton, Calif., didn’t return calls seeking comment.

Pat Fox, president of Saint, acknowledged his firm was hired to organize opposition to hundreds of Wal-Mart projects, but he declined to name his clients.

“The work we do helps to level the playing field as regular citizens try to fight back against the world’s largest retailer and the impact of big-box development in their communities,” Mr. Fox said.

Saint maintains that the Journal’s account came from disgruntled company employees who want to harm the firm.

Wal-Mart lawyers estimate that about a third of the company’s stores in California were challenged by local groups prior to 2002, but once it began trying to open supercenters selling groceries, almost every store faced opposition.

Wal-Mart recently combed through dozens of legal cases brought against it. It zeroed in on suits involving the California towns of Merced, Realto, Elk Grove and Galt, all of which claimed that Wal-Mart-based developments violated the California Environmental Quality Act, which requires cities to subject building projects to stringent environmental-impact studies before approving them.

Wal-Mart says it chose these cases because they were at a procedural stage that permitted the filing of discovery motions.

The Journal’s review of Saint documents indicates that Safeway hired Saint to organize opposition in Merced and Elk Grove, though the documents don’t specify whether Saint paid the plaintiffs’ legal fees. The judge handling the Merced case has granted Wal-Mart’s request for discovery.

Wal-Mart has been trying to open a distribution center in Merced for four years. The city has an unemployment rate of about 20%, and the company projects the center would provide about 1,200 jobs with average pay of $17.50 an hour for fulltime workers.

But a group calling itself the Merced Alliance for Responsible Growth is vehemently opposed. In advance of a summer 2009 city council vote on the project, it published a 12-page newspaper with such headlines as “Wal-Mart Jobs Threaten Lives.”

One article, citing a trucking magazine story about Federal Bureau of Investigation prostitution stings at public truck stops, suggested that the distribution center could be a magnet for prostitution, drugs and crime, possibly involving the local high school.

The anti-Wal-Mart newspaper was paid for by Saint using Safeway and union funds, according to two former Saint employees who were interviewed by the Journal.

The Merced Alliance didn’t return calls seeking comment. Saint’s Mr. Fox declined to comment on specific allegations or events.

In 2008, the United Food and Commercial Workers union in California spent $58,000 on the Warn Merced Project, described as a Wal-Mart project in an annual report filed by the union with the U.S. Labor Department.

“Hiring Saint and other organizations…is within our First Amendment rights,” said Jill Cashen, a union spokeswoman.

Merced’s city council approved the distribution center in September 2009. The Merced Alliance for Responsible Growth filed suit 30 days later, claiming that Wal-Mart’s environmental review was flawed. A judge heard oral arguments on the case earlier this month, but hasn’t yet ruled.

The Merced case follows a battle against Wal-Mart in Bakersfield, Calif., earlier in the decade.

A group called Bakersfield Citizens for Local Control consisted of a Saint employee who used an alias and posed as a resident volunteer, several union workers, and a Bakersfield resident who was paid by the plaintiffs’ lawyers who brought the case, according to former Saint employees.

To dissuade the Bakersfield city council from approving one of two shopping centers that were to include Wal-Marts, the group tried to prove that the site was a habitat for the endangered San Joaquin kit fox.

Then, when the city council nonetheless approved the project, Bakersfield Citizens sued, arguing that the two Wal-Marts might force other stores to close.

In 2005, a California appellate court agreed that the potential for blight should be taken into account, overturning the city’s approval of the two shopping-center sites.

But a more extensive environmental impact report concluded that the area could accommodate the Wal-Mart stores. One opened in fall 2009 and the other in March 2010.

  • See our huge collection of articles, studies, internal documents and more on Wal-Mart and big box stores.
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Filed Under: Walmart

Walmart Books and Films – On Walmart History, Business Practices, and More

July 22, 2010 by staff

Click on the title of any book for purchasing information. Find an independent bookstore near you.

The Wal-Mart Effect : How the World’s Most Powerful Company Really Works–and How It’s Transforming the American Economy by Charles Fishman (2006) – Fishman provides original research and a thorough, balanced analysis that will discomfort both Wal-Mart’s backers and foes. Articles like this and this preview the book’s content and quality.

In Sam We Trust by Bob Ortega (1999) – Then-Wall Street Journal reporter Ortega wrote this definitive biography of Wal-Mart founder Sam Walton. It’s extensively researched, well-written and a hefty 413 pages (out of print, but readily available).

Wal-Mart: the Face of Twenty-First Century Capitalism Edited by Nelson Lichtenstein (2005) – This title’s twelve chapters, each by different authors, are based on papers submitted conference at UCLA.

Up Against the Wal-Marts: How Your Business Can Prosper in the Shadow of the Giants by Don Taylor and Jeanne Smalling Archer (1994) – An excellent and relatively timeless resource for business owners in all fields. Provides ideas to help independent business owners compete successfully against chains.

Anti-Walmart Books

The Bully of Bentonville by Anthony Bianco (2006) – Not yet reviewed. The writer is a reporter for Business Week Magazine.

 

Slam-Dunking Wal-Mart by Al Norman (1999) – Though the book is geared toward folks working to stop individual big box stores, there’s good, broadly applicable organizing information as well. Also by Al Norman: The Case Against Wal-Mart (2004).

Nickel and Dimed by Barbara Ehrenreich (2002) – Not reviewed. The author goes undercover as a Wal-Mart employee and reports on her experiences.

 

 

Selling Women Short by Liza Featherstone (2004) – Not reviewed. Featherstone covers the pending women’s class-action lawsuit against Wal-Mart for alleged illegal discrimination in pay and promotion.

The United States of Wal-Mart (2005) by John Dicker – Not yet reviewed.

Pro-Walmart Books

The Wal-Mart Way: The Inside Story of the Success of the World’s Largest Company by Don Soderquist (2005) – Not reviewed.

 

 Documentary Films

Talking to the Wall by Steve Alves (2004, 57 min.) – An engaging film that profiles a fight against Wal-Mart in a single Massachusetts community, but also provides interesting history, such as an overview of the U.S. anti-chain store movement of the 1920s and 30s.

Independent America (2005, 81 min) by Hanson Hosein and Heather Hughes – These two journalists entertain as well as inform as they document their travels across the U.S. investigating battles between “mom and pop” and corporate chains (including Wal-Mart). Includes interview with ReclaimDemocracy.org’s founder.

Wal-Mart: The High Cost of Low Price (2005, 97 min) – This Robert Greenwald film provides a compelling case against Wal-Mart, especially when interviewing former executives. We published this discussion guide to help lead folks from critiquing one corporation to understanding the structural problems Wal-Mart exemplifies.

Frontline: Is Wal-Mart Good for America? (2004) – An informative PBS special that covers many topics, with a focus on Wal-Mart’s use of overseas “sweatshops.”

 

Why Wal*Mart Works and Why that Makes Some People Crazy! (2005, 72 min) – While we welcome opposing viewpoints, this film is unlikely to persuade anyone not already firmly pro-Wal-Mart.

UCLA Conference on Wal-Mart (2005, 6 hrs) – This DVD collects six hours of panel discussions from a 2005 conference that represented a wide range of viewpoints. Not yet reviewed.

See our huge collection of articles, studies, internal documents and more on Wal-Mart and big box stores.

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Filed Under: Walmart

To the ACLU: Granting Bill of Rights Protections to Corporations Undermines Citizens’ Rights

May 14, 2010 by staff

By ReclaimDemocracy.org staff and volunteers

On April 20, 2010, the ACLU announced a significant shift in its absolutist “money = speech” stance when it comes to investing in political candidates and parties. The ACLU board voted 36-30 to approve “reasonable limits on campaign contributions to candidates” and spending limits as a condition of voluntary public financing.

We applaud this step forward, but the board failed to address the glaring need to reform its advocacy for granting corporations the status of human beings and bestowing Bill of Rights protections upon them. We’ve collected 4000 endorsements and have been copied on more than 100 letters by individuals to the ACLU on this topic, but it wasn’t until early 2010 that media (NY Sun) started reporting on the internal debate we’ve been working to provoke for so long.

In the wake of the Citizens United v FEC decision, we updated a letter we first wrote and submitted to the ACLU during the 2003 Nike v Kasky Supreme Court battle, when the ACLU supported Nike Inc.’s arguments for a corporate right to lie. Unfortunately, nothing has changed on this front. The ACLU submitted a brief  to the Supreme Court in Citizens United, arguing to overturn decades-old precedent limiting the power of corporations to spend company funds in efforts to elect or defeat specific candidates.

Dear ACLU Board of Directors,

For 90 years the work done by the American Civil Liberties Union has been of immeasurable value in protecting and extending freedom and democracy. Perhaps your greatest contribution has been in advocacy of First Amendment rights. Few people realize the crucial role the ACLU has played in establishing the free speech protections many Americans mistakenly believe have existed since our nation’s founding.

The ACLU’s current position of advocating “free speech rights” for corporations is ironic, given your historic role. Your position is undermining democracy rather than strengthening it. We ask you, the leaders of the ACLU, to rethink your support of corporate “free speech,” as evidenced by the ACLU of Northern California’s amicus brief in Citizens United v FEC.

We believe citizens will never realize the promise of democracy unless we can assert our right to control the activities of the enormous, unaccountable institutions we know as corporations. These institutions have no voice, but they have become instruments by which the powerful few drown out the voices of many citizens.

In an amicus brief supporting corporate political speech in an earlier case (Kasky v. Nike), the Northern California ACLU cites a Supreme Court precedent: “The First Amendment presupposes that the freedom to speak one’s mind is not only an aspect of individual liberty – and thus a good unto itself – but also is essential to the common quest for truth and the vitality of society as a whole.”

Just whose “mind” is referenced in the case of a corporation? Given the counter-Constitutional history of corporate personification, it’s easy to forget the commercial corporation has no voice and has but one purpose–to maximize profits. By necessity all corporate communication is commercial. Corporate executives are under a legal obligation to adhere to that purpose regardless of their personal inclinations to act for the greater good.

The ACLU has claimed supporting corporate “free speech” is merely acting in support of democratic principles: “If the American people are to be the masters of their fate and of their elected government, they must be well-informed and have access to all information, ideas and points of view.” The Supreme Court used similar language in 1978 (First National Bank of Boston v. Bellotti) to assert broadly construed corporate speech rights. But even then the Court noted, “corporations are wealthy and powerful and their views may drown out other points of view,” and if it could be established “that corporate advocacy threatened imminently to undermine democratic processes, thereby denigrating rather than serving First Amendment interests, these arguments would merit our consideration.” Can any reasonable person deny that runaway corporate power now is undermining democracy?

As justices White, Brennan and Marshall pointed out in their dissent to Bellotti, the threat to First Amendment interests already was clear: “the special status of corporations has placed them in a position to control vast amounts of economic power which may, if not regulated, dominate not only the economy but also the very heart of our democracy, the electoral process.” They recognized restricting corporate communication was necessary because “The State need not permit its own creation to consume it.”

Perhaps corporate power over the democratic process was not so obvious to some observers 30 years ago, but today it is unmistakable. By 1990 even the majority of the Supreme Court conceded, in Austin v. Michigan Chamber of Commerce (overruled in Citizens United v FEC), “the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public’s support for the corporation’s political ideas.” Today corporations have their lawyers in Congressional committee rooms drafting legislation.

The problem goes much deeper than political corruption. In asserting corporate “rights,” the ACLU is not really shielding private parties from government repression. The large corporation is itself a governing institution. As John Kenneth Gailbraith observed, the tradition of private enterprise serves “to disguise the essentially public character of the great corporation, including its private exercise of what is in fact a public power.”

If we allow a limited number of corporations to control the bulk of public communication, the forum for political debate will be one in which the publishers and those who can afford to advertise can choose to amplify ideas they find amenable (and then shepherd them into law via the conversion of money into political power). But when it comes to ideas threatening corporate power, corporations simply will (and already do) exercise their First Amendment “right” not to speak.

The ACLU has claimed denying speech “rights” to business corporations would also threaten the rights of the ACLU, other public interest groups and media entities. Yet the Supreme Court has been able to distinguish between general business corporations, non-profit advocacy groups and media companies. The Court stated explicitly in its rulings, including FEC v. Massachusetts Citizens for Life, that it can do so. Indeed it has declared such distinctions necessary to the basic functioning of democracy. In FEC v. MCFL the Court laid out the reason for protecting the speech of advocacy groups above that of business entities: “MCFL was formed to disseminate political ideas, not to amass capital.”

Unfortunately, the Court has not seen fit to follow through with its reasoning and reverse its decision in Bellotti. To be consistent with its founding purpose of ensuring individual rights and liberties, the ACLU should be working to secure such a reversal rather than helping corporations encroach still further on the democratic process.

We understand your reservations about the ACLU supporting any legislative limits on the First Amendment. Therefore, we invite you to join our call to amend the Constitution to clarify that the Bill of Rights is intended to apply to living beings, not their artificial creations.

Sincerely, (More than 4000 individuals and 90 organizations endorsing as of December, 2009. We no longer are gathering endorsements)

See more  background and statements from the ACLU on this issue.

More on Corporate Personhood

Filed Under: Corporate Personhood

Walmart’s Bottom Line

February 17, 2010 by staff

By Art Carden 
First published by The Freeman, January, 2010

Walmart is one of the world’s largest, most successful, and most vilified corporations. It was ranked number four in the Fortune 500 from 1995 through 1998, reached number one in 2002 and stayed there until 2009, when it fell behind Exxon Mobil. It’s also the only firm in the top four of the Fortune 500 that is not an energy company.

The concentrated public-relations campaign against Walmart has been moderately successful, and the company has drawn criticism from all sides: Commentators on the left criticize the company for its alleged impact on wages and jobs; those on the right criticized its decision to join the National Gay and Lesbian Chamber of Commerce and to offer “abortion pills” in 2006. Recently, Walmart announced support for mandatory health coverage by large employers, bringing more criticism. Walmart’s handling of the attacks has been less effective than the company would have liked, and its attempts to defend itself have been a distraction.Walmart is one of the world’s largest, most successful, and most vilified corporations. It was ranked number four in the Fortune 500 from 1995 through 1998, reached number one in 2002 and stayed there until 2009, when it fell behind Exxon Mobil. It’s also the only firm in the top four of the Fortune 500 that is not an energy company.

The criticisms too often rely on anecdotes or statistical comparisons that are difficult to interpret. When one considers that Walmart is the world’s largest corporation, with revenues of about $300 billion and almost two million employees, anecdotes that cast the company in a good or bad light are not particularly surprising. Similarly, a simple comparison of employment (or wages) in a city with a Walmart to a city without one is only minimally informative because such comparisons often fail to control for other explanatory characteristics. Current research suggests that the economic, political, and social case against Walmart is exaggerated. Further, Walmart’s “Every Day Low Prices” do not come at an unacceptable social cost in the form of negative spillovers not reflected in prices. Walmart is certainly imperfect, and there are reasons to view the company with a critical eye, but the usual criticisms of the company collapse under the weight of the evidence.

Does Walmart Squeeze Workers and Suppliers?

Economists Jerry Hausman and Ephraim Leibtag argue that we systematically overstate the rate of price inflation because we don’t account for Walmart’s and other big-box companies’ impact correctly. Walmart claims to save consumers $2,500 per capita per year. This is probably an overestimate, but studies I have done with Charles Courtemanche of the University of North Carolina-Greensboro do suggest that Walmart increases our options.

Critics claim that Walmart can deliver low prices because it destroys jobs, lowers labor standards, and squeezes suppliers. The data, however, do not support the first two, while the third is misleading. Retail labor market studies by University of Missouri economist Emek Basker show that Walmart modestly increases retail employment. Critics are quick to counter by questioning the quality of those jobs, correctly noting that Walmart pays less than its unionized competitors. However, this should be qualified. Union pay scales restrict the labor pool from which unionized stores can hire: If the union contract specifies minimum compensation of $12 per hour, then people whose labor cannot produce at least that much in revenue will not be hired. Since Walmart is an open shop, it has no such artificial floor for the productivity of the people it can hire. Those who would not be employable under union conditions are made better off despite the illusion of exploitation.

The company’s critics correctly point out that the last several decades have seen a large gap open between manufacturing and retail wages. But these data must be interpreted with caution because immigration and changing labor participation have altered the distribution of the workforce. People who are today earning Walmart’s “Every Day Low Wages,” as the critics call them, might not have participated in the labor force several decades ago and their wages would not have appeared in the official data.

Supposedly, Walmart drives small local mom-and-pop retailers out of business, spreading economic havoc and weakening a community’s social fabric. In a paper published in Economic Inquiry , West Virginia University economists Andrea M. Dean and Russell S. Sobel fail to detect a statistically significant effect of Walmart on self-employment, the number of small businesses, or bankruptcy among small businesses. It is true that Walmart causes some businesses to close, particularly in sectors that directly compete with the company. However, these businesses can be replaced by businesses in other sectors. In a summary of their research that appeared in the Spring 2008 Regulation magazine, Dean and Sobel offer the example of Main Street in Morgantown, West Virginia, which was decimated by Walmart but which soon recovered as clothiers and electronics stores were replaced by small businesses in other industries.

They also discuss the obvious objection that perhaps Walmart’s wake leaves a swath of low-value, low-wage businesses. They show, however, that Walmart penetration does not appear to reduce the values of small
businesses. Stacy Mitchell, author of The Big-Box Swindle, argues that Dean and Sobel’s result relies on an incorrect interpretation of Census data. For their part, Dean and Sobel say Mitchell misunderstands the data. If they are correct, the effects of Walmart’s penetration are consistent with what economists believe about technology and economic growth as well as with Joseph Schumpeter’s well-known concept of “creative destruction.” Walmart’s expansion allows people to produce more with fewer resources and less labor, which frees those resources and that labor to move into other occupations.

Walmart also allegedly uses its raw bargaining strength to extract concessions from suppliers. It is usually able to get lower prices, but it also provides something of great value in return: access to its supply chain and logistical support. While anecdotes of Walmart’s hard bargaining abound, a 2001 Journal of Retailing study by Paul N. Bloom and Vanessa G. Perry found that while dealing with Walmart can hurt financial performance for companies that do only a small share of business with the company, “large-share suppliers to Wal-Mart perform better than their large-share counterparts reporting retailers other than Wal-Mart as their primary customers.” Bloom and Perry note that Walmart offers access to broad markets and that companies taking advantage of this prosper as a result.

Sweatshops

Another common refrain is that Walmart and other large retailers obtain their goods from third-world “sweatshops.” In an important 2006 study published in the Journal of Labor Research, economists Benjamin Powell and David Skarbek showed that “sweatshop” labor paid better than the alternatives. In a June 4, 2008, article for the Library of Economics and Liberty, Powell summarizes this research and points out that criticisms of “sweatshop wages” (like those aimed at a factory in Honduras making clothes for Kathie Lee Gifford in 1996) invariably compare the wages and working conditions to American rather than Honduran working conditions—a comparison he calls “irrelevant” because of restrictions on international labor mobility. Sweatshops are a blessing, not a burden. As Powell points out, sweatshop wages more than double the average in some countries. Unfortunately, boycotts and legislation will not improve working conditions around the world. Powell summarizes the conditions that create low wages in countries like Honduras:

Wages are low in the third world because worker productivity is low (upper bound) and workers’ alternatives are lousy (lower bound). To get sustained improvements in overall compensation, policies must raise worker productivity and/or increase alternatives available to workers. Policies that try to raise compensation but fail to move these two bounds risk raising compensation above a worker’s upper bound, resulting in his losing his job and moving to a less-desirable alternative.

Unwillingness to recognize this can lead to policies that do more harm than good. Abuses undoubtedly occur, but Walmart has the resources to be able to have an effective monitoring program—not necessarily because of explicit humanitarian impulses, but because consumers are willing to pay for the guarantees and assurances that they are not buying the products of slave labor. Since consumers demand information about the conditions in which those who make these goods labor, it is in Walmart’s best interests to monitor carefully the conditions in which people produce the goods they obtain from abroad.

The thesis that Walmart’s ethical-standards monitoring is an elaborate ruse is tempting, and a ruse might pay off in the short run. However, Walmart should be disciplined by the capital market. Failure to provide consumers with what they demand—guarantees about international labor conditions, for example—at the price they are willing to pay will hurt long-run profitability and, therefore, the stock price. It is wise to read with a critical eye, but if Walmart’s managers are running a systematic campaign of misinformation, then they are failing in their responsibility to shareholders. Someone who discovered such a ruse would be in a position to profit handsomely by acquiring Walmart stock and fixing the problem.

Walmart, Communities, and the Environment

In his 2000 book, Bowling Alone , political scientist Robert Putnam documented a decline in “social capital”—which he defines as “networks and norms of reciprocity” that hold communities together—in the United States since the 1950s.  Walmart has been accused of contributing to this phenomenon. In a 2006 study agricultural economists Stephan Goetz and Anil Rupasingha reported evidence that Walmart reduced several measures of social capital like census participation, voting, and a measure they themselves constructed. However, in a study published in Public Choice in early 2009, Charles Courtemanche, Jeremy Meiners, and I use Putnam’s data to show that there is no identifiable, systematic negative relationship between increased Walmart density/longevity and measures of noneconomic “quality of life” or civic participation. As Walmart penetration increases, we cannot tell that people spend systematically less time with friends or less time civically engaged.

Others have alleged that Walmart erodes American values. United States of Wal-Mart author John Dicker calls the company a “conservative cultural gatekeeper,” and right-wing critics like those who operate the Christian website www.saveWal-Mart.com took Walmart to task for joining the National Gay and Lesbian Chamber of Commerce. (The company discontinued this affiliation in 2007.) Using similar data and methods to those used in our study of social capital, my coauthors and I were unable to find a systematic relationship between Walmart’s penetration and individual values. It appears that while people get their groceries at Walmart, they get their politics and their values elsewhere.

Finally, Walmart has been criticized for its alleged contributions to environmental degradation, but its cost-cutting has considerably reduced the amount of packaging manufacturers use. This was particularly important in 2008 as gas prices hit record highs. A May 29, 2008, article on CNNMoney.com used Hamburger Helper as an example: To meet Walmart’s demands, General Mills produces “denser pasta shapes” that can be put into a box that is 20 percent smaller, saving “890,000 pounds of paper and eliminat[ing] 500 trucks from the road.” Conditions create solutions: Walmart has been able to use recent increases in fuel prices to trim additional fat from the supply chain and to innovate in ways that will lead to permanent increases in productivity.

Discrimination, Health Care, and Subsidies

Finally, Walmart has been criticized for alleged systematic discrimination against women and for aggressive patterns of seeking local government subsidies. Walmart is the defendant in the largest class-action civil rights lawsuit in history— Dukes versus Wal-Mart, in which an estimated 1.6 million women allege a decades-long pattern of discrimination—but the central tenet of the case is inconsistent with Walmart’s alleged morbid obsession with profits. In spite of their incompatibility, these criticisms often appear side by side. There are conditions under which firms can maximize profits while discriminating in employment, but before we can reconcile discrimination with profit maximization we have to prove that these conditions are in place. Otherwise, the hypothesis of profit maximization works against discrimination and discrimination works against profit maximization. If an employer insisted on discriminating by refusing to hire productive women or by paying them less than they were worth, he would create profitable opportunities for competitors to scoop up members of the victim group and earn profits by paying them something closer to their market value. An employer’s ability to discriminate will be sharply limited by competitive pressure.

Walmart’s critics have also argued that the company places undue burdens on the government’s public health infrastructure. But this is a “problem” that exists because that infrastructure exists and not because of Walmart as such . One could argue more plausibly that by paying better than their employees’ next-best alternatives, Walmart actually relieves some of the pressure on the public health infrastructure. The critics also miss that Walmart’s existence provides a larger pool of resources that can be taxed to provide these benefits.

One robust criticism remains: Walmart has sometimes used the State to redistribute resources to itself and to cripple its competitors. Walmart is aggressive about seeking subsidies, such as acquiring properties through eminent domain, from governments eager to “attract new jobs” and new tax revenue, as critical groups like Good Jobs First, WalMartWatch.com, and WakeUpWalMart.com point out. These subsidies distort patterns of economic activity and sometimes can have the perverse effect of taxing one firm to subsidize a competitor. The problem is compounded further by the alleged need for more subsidies to redevelop areas blighted in Walmart’s wake. This issue provides a setting in which Walmart’s critics can play a constructive role.

In 2005 Walmart supported an increase in the minimum wage, and in July 2009 it earned a front-page mention in the Wall Street Journal for teaming up with the Service Employees International Union and the Center for American Progress to advocate mandatory employer-provided medical coverage. Walmart’s seemingly counterintuitive advocacy is a classic example of what economist Bruce Yandle terms the “Baptists and Bootleggers” phenomenon. Among the supporters of Prohibition were Baptists, many of whom felt that consuming alcohol is a sin, and bootleggers, who stood to profit handsomely if the government crippled potential legitimate competition. In the health care scenario the “Baptists” are groups that believe everyone has a fundamental right to health care. The bootleggers are large firms (like Walmart) that know that mandates will hurt their smaller competitors.

There is also reason to believe that Walmart’s business model is partially underwritten by transportation subsidies. Critics often overlap with people who criticize the American “love affair” with the automobile. The two are related. While it is true that, all else equal, Walmart has been good for consumers, it is also an unintended consequence of the massive subsidies to transportation infrastructure that created today’s urban sprawl. To the degree that Walmart is undesirable, it is a symptom of a larger pattern of interventionism rather than a cause.

Perhaps most unsettlingly, Walmart’s embrace of the proposed health care mandates and advocacy of a higher minimum wage illustrates a disturbing truth about the reality of doing business in the twenty-first century. By backing President Obama’s health care proposal, Walmart might be able to use this to fend off more damaging legislation later. In short, Walmart could be aiding and abetting what Ayn Rand called “an aristocracy of pull.” A 2006 volume of critical essays called the company “the face of twenty-first-century capitalism.” If twenty-first-century capitalism means competition by politics rather than competition by production, we will see lower economic growth as a result. This does not excuse the company’s use of the coercive power of the State for its own benefit, but Walmart is an effect rather than a cause.

The economic, political, and social case against Walmart has been tried and measured against the best available data. For the most part, it has been found wanting. We are left with a rather flimsy criticism, which is that for all its virtues (or at least its non-vices), Walmart is aesthetically unappealing. This visceral reaction to capitalist aesthetics has been called “the yuck factor,” and economist Alvin Roth has argued that we have to take “repugnance” seriously as a political constraint. However, just because I find another’s choices repugnant, I don’t have the right to supplant those choices with my own. People have argued that what happens in someone’s bedroom is none of the government’s business. By the same logic, what someone puts in his or her shopping cart is none of the government’s business. Even if Walmart causes people to make bad aesthetic choices, the civility necessary for a functioning society must take over.

Walmart’s “Every Day Low Prices” policy has been alleged to reduce labor standards, to squeeze suppliers, to decimate small retailers, and to tear the social fabric. In virtually every instance, the empirical evidence available suggests that what Charles Fishman called The Wal-Mart Effect is at best positive, at worst benign. Walmart is a retailing innovator and a force for competitors and suppliers to reckon with. As a social phenomenon, however, the alleged negative spillovers from Walmart are greatly overstated.

Art Carden teaches in the department of economics business at Rhodes College.

© 2009 Art Carden

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Filed Under: Walmart

Supreme Court Rules Corporations Are Free to Dominate Elections — Citizens’ Movement Emerges to Overrule the Court

February 2, 2010 by staff

National coordinated campaigns unite to revoke corporate personhood, corporate “free speech,” and secure citizens’ rights

Last updated Feb 2, 2010

Update: U.S. Representatives. Donna Edwards and John Conyers today introduced a resolution to amend the Constitution and overrule the Court’s Citizens United ruling. Senator John Kerry also called for such action today. Read more.

BOZEMAN, MT – The Supreme Court has dropped the pretense of impartially interpreting the Constitution in favor of unabashed activism on behalf of corporate power, overruling decades-old precedent that limits corporate power over elections.

The Court enshrined corporations — an entity unmentioned in the U.S. Constitution — with the political rights of human beings, overturning settled law that distinguishes between corporate and individual expenditures in elections.

In response, two citizen coalitions have emerged with the explicit mission of overruling the Supreme Court via amending the Constitution. ReclaimDemocracy.org is among more than one dozen citizen groups that have joined forces to advance Move to Amend, a call to amend the Constitution to revoke the Court’s illegitimate creation of “corporate personhood,” as well as establishing a constitutional Right to Vote and safeguarding local democracy.

A more narrowly-focused coalition has emerged specifically to overrule the Court’s invention of corporate “political free speech.” The groups, Voter Action, Public Citizen, the Center for Corporate Policy, and the American Independent Business Alliance, also unveiled a new website to launch their campaign: FreeSpeechForPeople.org.

Their goal is to amend the Constitution to make clear that corporations are not people entitled to free speech rights under the First Amendment. A bill may be introduced in Congress as early as today.

Please take immediate action

Use the tools provided on the websites above to spread word in every manner possible. Ask your elected officials to get on board at every level of government.

We’ve provided primers to help you write effective letters to the editor and to spread word via talk radio (or download this pdf to get both on one double-sided sheet to distribute at local events). And don’t forget social media!

Also go to news websites and make comments to articles or commentaries with links to ReclaimDemocracy.org. Move To Amend or Free Speech For People, drawing people to the broader issues and the amendment campaign.

We are ready to help you with editing (send drafts here). Please point people to ReclaimDemocracy.org’s online resources for educational material or to support the effort financially. It’s time to fund the Democracy Movement at the level of national political campaigns and launch a major media presence!

Please help make the Supreme Court’s overreach the dawn of a movement for real change to Reclaim Democracy! Your efforts can help turn this attack on democracy into a pivotal moment in American History.

To read the Court’s opinions and a see a roundup of some of the best reporting and analysis of the ruling, click here

More of our pre-decision reporting is here.

Read more on the underlying issue of Corporate Personhood

Filed Under: Corporate Personhood

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