Wednesday, December 28, 2011

Times Gone By: Deja Vu All Over Again!

It's time to Break It Down!

Happy New Year; Auld Lang Syne, my friends!


The one-half fortnight between Christmas and New Year's Days is a unique occurrence in the unfolding of the American edition of the Gregorian Calendar.  It is the only instance in which the space of a mere seven days separates two major holidays. Unquestionably, the timing is propitious.  Millions of holiday travelers return home from their Christmas commemoration and revelry, just in time to get a day off to "celebrate" the New Year...and recuperate from the old, most notably their extracurricular activities, including the exploits of New Year's Eve.


In last week's post, I presented for your re-airing the Christmas e-concert (12 Days of  Christmas: The Concert - Redux) from the previous Noel.  Today's edition, similarly, is effectively a re-posting of last year's New Year's blog.  Once again, this tack permits new readers to catch-up by seeing the piece, allows long-time readers to reflect upon both the passing year as well as the theme lifted in the post, and finally, and ensures that those busy readers, with no time to invest in checking out a blog during the holidays, will not have to miss anything. It's a win, win...win!


So with that loosely framed preamble behind us, here's the déjà vu all over again:         

Since we are still in the Sweet Spot of the holidays, once again I shall practice minimalism. For your purposes, that means the blog should be available, but not intrusive. To that end, I
am taking a page from last week, but going a step further. Instead of a concert, I give you a song…of reflection.

Robert Burns, a Scot, wrote a poem (Auld Lang Syne) in 1788 that has come to symbolize the spirit of mass contemplation that people around the world invoke as the clock strikes midnight, signaling not just the dawn of a new day, but of a new year. Undoubtedly, you have been somewhere, at sometime, when you joined those assembled to sing Auld Lang Syne, which loosely translated means, Times gone by.

Once again, that time is upon us. After thoughtful reflection on my 2010, I have had no choice but to conclude, my travails have been few and small, especially when compared to my blessings, which have been both abundant and vast! All praises to the one true, omnipotent, omnipresent, and omniscient God; a mighty fortress is He.

No need to thank me for my inherent thoughtfulness. But, by all means, “Drink a cup of kindness,” or eggnog, or Champagne, or “name your favorite adult beverage,” for me. And, if you are a teetotaler, water will do nicely, thank-you!

As I complete my last post for this year, and, prayerfully and faithfully prepare to embrace 2011, I leave with you this familiar Irish Toast:

May the road rise up to meet you.
May the wind always be at your back.
May the sun shine warm upon your face,
and rains fall soft upon your fields.
And until we meet again,
may God hold you in the palm of His hand.

I invite you to click on the link below, which leads to a Smooth Jazz interpretation of Auld Lang Syne, arranged and performed by Donnie Thomas (and listen to the remainder of this week’s edition of Break It Down):

http://www.youtube.com/watch?v=bffBdmlf0Wo

It has been my unique honor and privilege to visit with you briefly for each of the 52 weeks this year. I hope you have derived a fraction of the pleasure reading the blog posts that I have experienced from preparing and providing them to you. Happy New Year; may 2012 be all that you desire!

I’m done; holla back!

Read my blog anytime by clicking the link: http://thesphinxofcharlotte.blogspot.com. A new post is published each Wednesday. For more detailed information on a variety of aspects relating to this post, consult the links below:

http://www.youtube.com/watch?v=bffBdmlf0Wo

http://tlc.howstuffworks.com/family/question279.htm

http://en.wikipedia.org/wiki/Auld_Lang_Syne

http://en.wikipedia.org/wiki/Sweet_spot

Wednesday, December 21, 2011

"12 Days of Christmas: The Concert - Redux"

It's time to Break It Down!

Merry Christmas to you! I know some of you are caught up in the whole “We Are The (Secular) World” trip; thus the substitute Holiday for Christmas in seasonal greetings. Of course those innately curious enough to conduct the requisite etymological research know that the root derivation of holiday is “Holy Day;” but I digress; that is fodder for another day's fight.

By now many of you have already begun your well-planned and no doubt, richly deserved hiatus from work. You may even have finished your shopping and taken care of all the major errands that accompany preparing for the Big Day. Perhaps all that remains is packing and/or traveling; maybe that throw-down cooking marathon that precedes the arrival of the family, friends, and guests whom you will host over the coming week.

As is my custom, I will not use this Christmas Season Post, if you will allow me to call it that, to challenge you to sort the facts, be they esoteric or mundane. No, this is your time to take advantage of the opportunity to hang out with your guests, or to be a guest, and enjoy the hospitality of friends and famiy. 

In the true spirit of keeping it simple for both you and me, I am, as the Title suggests, reprising a previous post.  In fact,  not just any previous post; not even just any prior Christmas Post.  I am, for all intents and purposes re-posting the entry from last Christmas

The English playwright and poet, William Congreve, in the opening line of his 1697 Play entitled "The Mourning Bride," asserted, "Musick has Charms to soothe a savage Breast, To soften rocks, or bend a knotted Oak."  I think Congreve was on to something.  If indeed music is capable of enabling us to overcome our basest instincts, and in so doing, ennoble us to pursue our finer impulses, then indeed, we should take more opprotunities to render ourselves captivated by it's magical spell. (By the way, it really is breast...not beast; caught you thinking, didn't I?)  ;-)    

So, last year, I identified and pulled together an assortment of my favorite Christmas Standards.  This year, I am offering the same artistic olio for your reading, viewing, and listening pleasiure. Below, you will find bios for the 14 artists, the 13 youtube video interpretations, and the 12 songs listed and included in the form of a Yuletide e-concert. The information and links below tell the essence of the story; but there are a few points I wish to amplify for your consideration.

The number in parenthesis after each artist’s name is his or her current age, or the age at which the artist died, in the cases of James Brown, Eartha Kitt, John Coltrane, Nat King Cole, and Donny Hathaway. Each artist, song and interpretation is special in its own right.

The legendary Godfather of Soul, as James Brown became known, died on Christmas Day (2006, aged 73), as did Eartha Kitt (2008, aged 81), whom shall ever remain, to many of us, the incomparably personified Catwoman. There was both a surreal sadness and a resolute completeness associated with them ending their respective earthly journeys on Christmas Day, two years apart. Both artists were born in South Carolina; Brown in Barnwell, and Kitt, in North. Brown was renowned for his energetic performances, which earned him another of his many titles, “Hardest working man in show business.” His rendition of “Merry Christmas Baby” was a reminder that he had earned his chops the hard way, and that he was much more than flash and dash. Kitt’sSanta Baby” is on my list, not only because it is a classic; it is, but also because like me, it was born in 1953. I’d like to think we both (the song and I) have held up well.

Donny Hathaway’sThis Christmas” quite simply personifies Christmas for many of us. Hathaway, an initiate of Howard University’s Beta Chapter of Alpha Phi Alpha Fraternity, was a brilliant musician, but a troubled man. He endured bouts of depression and suffered from paranoid schizophrenia, which ultimately led him to commit suicide (1979, aged 33). “This Christmas,” however, lives on, and along with it and many of his other classics, so does his melodious voice.

Chris Brown (age 22), has had his moments. He is known in most circles as either the Pied Piper to Generation Y (Millennials), or That Guy…you know, the one who beat down Robyn Fenty (age 23); Rihanna to you! This post will not attempt to moralize, or capitalize in any other way on the beef between these two. Rather, for the purposes of this commentary, I wanted to touch upon Chris’ cover of Hathaway’s classic tune. I think he did a fine job, and is an example that, many voices to the contrary, Gen X’ers are not only capable, but do in fact, continue to perpetuate the tradition of making great music.

Nat King Cole (1965, aged 45) and Natalie Cole (age 61), father and daughter, both stellar musicians, in their own right, also represent two successive generations of the “family business.” Though the elder Cole is probably better known for his interpretation of The Christmas Song,” I intentionally chose his rendition of another standard, “O Holy Night,” to highlight another of his great performances. I included Natalie’s rendering of “The First Noel,” solely because of my partiality to the reverse spelling of “Noel!”

Having eschewed Cole’s version of “The Christmas Song,” I could not omit it altogether. Kem (age 42), delivers a virtuoso performance of this classic tune. He is one of my favorite contemporary artists, singing one of the Christmas songs I enjoy most. Ledisi (age 41, until her New Years' Eve birthday) and Lauryn Hill (age 36) are two of contemporary R&B’s most accomplished female voices. Their versions of “Give Love On Christmas Day, and “Little Drummer Boy,” respectively, are special treats, and integral components of this e-concert.

John Coltrane and Dianne Reeves (age 55) add an instrumental (“My Favorite Things”) and vocal (“Christmas Time Is Here”) jazz flavor to the mix, respectively. "Trane," born in Hamlet, North Carolina, died of liver cancer (1967, aged 40), another life cut short, far too young. He and the combo render a cool version of the tune, so much so that it could make it one of “your favorite things.” Ms. Reeves uses her powerful and well-trained instrument to craft a compelling version of “Christmas Time Is Here.”

Christina Aguilera (age 31) and Brian McKnight (age 42) unite in a superb collaboration on “Have Yourself A Merry Little Christmas.” They revel in demonstrating multiple octave range and elasticity in framing their unique arrangement of this classic that makes it a song I enjoy listening to again and again. Last, but certainly not least, Will Downing (age 48), perhaps my favorite musical artist, delivers a silky smooth rendition of “I’ll Be Home For Christmas.” What can I say? Will...is Will!

That’s it; 14 artists, 13 videos (a Baker’s Dozen), and 12 songs. Add it all up and you get “12 Days Of Christmas: The Concert - Redux!” Enjoy it agaian, and by all means, remember the Reason for the Season!

I’m done; holla back!

Read my blog anytime by clicking the link: http://thesphinxofcharlotte.blogspot.com/. A new post is published each Wednesday. For more detailed information on a variety of aspects relating to this post, consult the links below:

James Brown (73) – Merry Christmas Baby

http://www.youtube.com/watch?v=4xg6FcaYHf4

http://en.wikipedia.org/wiki/James_Brown

Eartha Kitt (81) – Santa Baby

http://www.youtube.com/watch?v=OfqZmlfQEto&NR=1

http://en.wikipedia.org/wiki/Eartha_Kitt

Donny Hathaway (33) – This Christmas

http://www.youtube.com/watch?v=pj1mVUEHeUE

http://en.wikipedia.org/wiki/Donny_Hathaway

Chris Brown (21) – This Christmas

http://www.youtube.com/watch?v=ty2eya8zWyE

http://en.wikipedia.org/wiki/Chris_Brown_(American_singer)

http://en.wikipedia.org/wiki/Rihanna

Nat King Cole (45) – O Holy Night

http://www.youtube.com/watch?v=T4uP32mnAjY

http://en.wikipedia.org/wiki/Nat_King_Cole

Natalie Cole (60) – The First Noel

http://www.youtube.com/watch?v=rf6fTRTQrG4

http://en.wikipedia.org/wiki/Natalie_Cole

Kem (41) – The Christmas Song

http://www.youtube.com/watch?v=5jk34lUQoyQ

http://en.wikipedia.org/wiki/Kem_(singer)

Ledisi (32) - Give Love On Christmas Day

http://www.youtube.com/watch?v=ehBwM0a9Hf8

http://en.wikipedia.org/wiki/Ledisi

Lauryn Hill (35) – Little Drummer Boy

http://www.youtube.com/watch?v=bxv88-euQtE

http://en.wikipedia.org/wiki/Lauryn_Hill

John Coltrane (40) - My Favorite Things

http://www.youtube.com/watch?v=0I6xkVRWzCY

http://en.wikipedia.org/wiki/John_Coltrane

Dianne Reeves (54) – Christmas Time Is Here

http://www.youtube.com/watch?v=hInJstw1cGE&feature=related

http://en.wikipedia.org/wiki/Dianne_Reeves

Christina Aguilera (30) & Brian McKnight (41) – Have Yourself A Merry Little Christmas

http://www.youtube.com/watch?v=ftva4G2vmDw

http://en.wikipedia.org/wiki/Christina_Aguilera

http://en.wikipedia.org/wiki/Brian_McKnight

Will Downing (47) – I’ll Be Home For Christmas

http://www.youtube.com/watch?v=jhT1_ybF-tI&feature=related

http://en.wikipedia.org/wiki/Will_Downing

Wednesday, December 14, 2011

I Beg Your Pardon: The System Is Broken!

It's time to Break It Down!

By the weekend, we will have passed the midpoint of December.  Already Christmas is less than two weeks away.  With that in mind, I will make this post short and to the point; I know you have shopping to do, in order to help spur our flagging economy.  That does not mean the topic is light, or that the news is good.  It is fair to say, if this blog were a movie, it would not have a happy ending.

In the 21st Century it is fashionable to say; even to believe, by and large, that life is fair.  Often, it is not!  Moreover, especially since the election of President Barack Obama, there is significant resistance to the idea that racial disparity still plagues us as a society.  That’s too bad; it does!

Speaking directly to this point, last week, ProPublica, a New York City-based non-profit corporation that produces investigative journalism in the public interest released a report that white criminals seeking Presidential pardons over the past decade have been nearly four times as likely to succeed as minorities.  The study found that blacks, specifically, have the lowest chance of all groups of receiving such a pardon.

Right off the bat, I know there are people who are tired of hearing about such findings, and who are not reluctant to say so.  It is no secret that a significant portion of Americans, some secretly, and many others overtly, looked to the potential of an Obama Presidency to move the dial on such matters, and to finally, and forever put the disconcerting “myths” of racism, and other vestiges of, and lamentations about disparate treatment, based on race & ethnicity, behind us.

This faction of our society looked upon the ascendance of Mr. Obama to the Oval Office as a Rite of Passage for White America.  His election was equated to having cracked the sordid code of centuries of repression, discrimination, and general ill treatment of people who could never claim the magical triumvirate, free, white, and twenty-one.

In response to the throng who have become so tired of being confronted by such claims, let me be clear.  I speak and write for all those who are equally tired of being confronted by such facts.  Moreover, when these atrocities are eliminated from the normal array of practices and patterns of daily life in this country, I and others who dare to continue reminding the forgetful, or otherwise inattentive, will be more inclined to “let it go.”  Until then, it is my hope that institutions such as ProPublica will continue to harvest the truth so that those who care about ending such injustice can “Go Tell it on the Mountain.”

In responding to ProPublica’s findings, it is not uncommon to charge the media with unbalanced coverage, or to suggest that, quite simply, they got it wrong.  That’s why two key points rise to the forefront on this matter.  The first and most basic is that ProPublica is not a conventional news outlet.  However, the second, and perhaps more compelling point is found in the reaction of key stakeholders.

When presented with the evidence, both current and former officials at the White House and the Justice Department said they were surprised and dismayed by the racial disparities which persist even when factors such as the type of crime and sentence are considered.”  In other words, they do not deny or challenge the validity of the findings, presumably at least in part due to the strength of the research and the integrity of ProPublica.

The examination covered the period beginning near the outset of President George W. Bush’s first term.  At that time President Bush elected to rely almost solely on the recommendations made by career attorneys in the Office of the Pardon Attorney.  In their defense, senior aides from the Bush White House indicated Mr. Bush wanted to take politics out of the process.  For their part, Justice Department officials argued the pardon process takes into account many factors that cannot   be statistically measured, such as an applicant’s candor and level of remorse.

So what level of disparity are we talking about here?  To put it in context, from 2001 to 2008, President Bush issued decisions in 1,918 pardon cases.  Of that number 189 received favorable review; in other words, a pardon.  All but 13 of the pardons went to whites.  Seven pardons went to blacks, four to Hispanics, one to an Asian, and one to a Native American.

ProPublica looked at President Bush’s pardon history to the Pardons Office’s record over a President’s full term.  ProPublica looked at a random sample of 500 cases.  In multiple instances, white and black pardon applicants who had committed similar offenses, and who had comparable post-conviction records experienced opposite outcomes.  For example:

  • An African American woman from Little Rock, fined $3,000 for underreporting her income in 1989, was denied a pardon
  • A white woman from the same city who faked multiple tax returns to collect more than $25,000 in refunds, was pardoned
  • A black first-time drug offender – a Vietnam veteran got probation in South Carolina for possessing 1.1 grams of crack – was turned down
  • A white fourth-time drug offender who did prison time for selling 1,050 grams of methamphetamine was pardoned
  • All of the drug offenders forgiven during the Bush Administration at the Pardon Attorney’s recommendation – 34 of them – were white
Ultimately, turning the pardon’s process over to career attorneys, has not taken politics and money out of the system.  Justice Department documents show that nearly 200 members of Congress contacted the pardons office regarding pending cases. In a number of instances, felons and their families made campaign contributions to lawmakers supporting their pleas.  Applicants with Congressional support were three times more likely to be pardoned, according to the statistical analysis.  It was determined further that in reviewing applicants, lawyers relied on their discretion in ways that favor people who:

·         Are married

·         Never divorced

·         Never declared bankruptcy

·         Never took out a large loan

·         Never incurred large amounts of debt

The intent, according to officials, was to reward people who demonstrated “stability,” after their convictions.  The effect has been to exclude large segments of society.  The review showed that applicants with cases older than 20 years had the best chance of receiving a pardon.  Married people, those who received probation rather than prison sentences, and financially stable applicants also fared better.  However, when the effects of those factors and others were controlled for, using statistical methods, race emerged as one of the strongest predictor of a pardon.

The most significant disparity involved African Americans, who have historically suffered from greater financial and marital instability.  Blacks make up 38% of the Federal Prison Population.  In ProPublica’s nearly 500-person sample, 12% of whites were pardoned; 10% of Hispanics.  None of the 62 African Americans in the random sample received a pardon.

The Founding Fathers, in framing the original intent of Presidential Pardons was to right miscarriages of justice.  William Rehnquist, former Supreme Court Chief Justice, called pardons a “fail safe” against the unalterable fact that our justice system, like the humans who administer it, is fallible.”  Today’s Pardons Office places little emphasis on trying to help those who might be innocent.

Finally, the changing of the guard, from President Bush to President Obama has seen little to no change in the way the pardon’s process works.  For all practical purposes, the office works much as it did under President Bush; President Obama pardons only applicants recommended by the Pardons’ Office.  Mr. Obama has denied 1,019 applicants, which is more than President Clinton denied in two terms.

So, as we consider the state of Presidential clemency, “I Beg Your Pardon: The System is Broken!”  I say, fix it…now!

I’m done; holla back!

Read my blog anytime by clicking the link: http://thesphinxofcharlotte.blogspot.com.  A new post is published each Wednesday.  For more detailed information on a variety of aspects relating to this post, consult the links below:












Wednesday, December 7, 2011

December 7, 1941: A Date Which Will Live In Infamy!

It's time to Break It Down!

Seventy years ago today, an incursion of the highest order befell our great nation.  On that fateful Sunday in early December, the Japanese Empire, with the aid of its naval and air forces, attacked the American military installation at Pearl Harbor, Hawaii.  Although, Hawaii did not officially become the 50th State until June 27, 1959, the Republic of Hawaii was annexed, and had become the incorporated U.S. Territory of Hawaii on July 6, 1898.  To wit, America was, in an instant, immersed in World WarII (WWII), by default.

The next day, President Franklin Delano Roosevelt (FDR) met with the U.S. Congress to request a Declaration of War, and in so doing, uttered these now famous words: “Yesterday, December 7, 1941 – a date which will live in infamy – the United States of America was suddenly and deliberately attacked by naval andair forces of the Empire of Japan.”

This brazen and unmitigated act of war had surprised the American military establishment, and the Country as a whole.  While we as Americans remember the pillage at Pearl Harbor, the comprehensive nature of the Japanese attacks, though amply documented, is less well-known.  In fact, over a two-day span, Japan spread a torrent of carnage throughout the Pacific, including:

·         Torpedoing ships between Honolulu and San Francisco

·         Launching an offensive against Malaya

·         Assailing Hong Kong

·         Raiding Guam

·         Attacking the Philippine Islands

·         Raiding Wake Island

·         Invading Midway Island

FDR’s request was granted of course.  Four days later, on December 11th, Germany and Italy, which had signed a three-nation pact with Japan on September 27, 1940, declared war on the United States.  In his prepared statement, Adolph Hitler declared Germany and Italy were compelled to defend their ally, Japan.  At that point, it’s fair to say it was on!  From December 7, 1941, until Japan surrendered, unconditionally, on September 2, 1945, global Armageddon raged.  Over those 3 ¾ years, many of the key operational dynamics would shift, change, or otherwise be altered, as is always the case during periods of war.  During this time frame:

The War had actually begun in 1939, when Germany invaded Poland on September 1st; it lasted six years.  During that span, in what was the second World War in 25 years, every major world power was involved in a war for global domination.  By the end, over 60 million people had lost their lives.  Ultimately, the conclusion of the war was precipitated by the United States unleashing the cataclysmic and previously unknown forces of nuclear weaponry.  It was only after the U.S. destroyed Hiroshima and Nagasaki in a three-day period that the Japanese Empire was persuaded to surrender, which for all practical purposes, ended the war.

So it is with much respect, simple humility, and a heavy dose of sadness that I salute the millions pressed to service to defend the world as we know it against the rapacious desires of those in search of global hegemony and world domination.  In any version of this story America deserves a special place.  As a nation we resisted direct involvement until victimized by a lethal and unprompted frontal assault.  After engaging, we worked with allied forces to try and repel the efforts of relentless transgressors.  Finally, when nothing else worked, we introduced a wild card, the most lethal weapons’ system known to man; the Atomic Bomb.  The resulting death and devastation was so stunningly pervasive, a heretofore recalcitrant enemy was forced, immediately to “call it off.

We now live in the nuclear age of course.  Many nations have access to nuclear weapons, while others are trying to attain them.  What the future holds is uncertain.  But we know for sure that any number of countries have The Bomb at their disposal, and there are enough nuclear weapons stored around the world to destroy the earth, many times over.  With what should be mixed emotions, as Americans, we also know that the only nation ever to unleash the fury of this potential “world-ender” is us, as in the U.S.  In that regard, it was then, and remains today, an absolute truth, “December 7, 1941: A Date Which Will Live In Infamy!”

I’m done; holla back!

Read my blog anytime by clicking the link: http://thesphinxofcharlotte.blogspot.com.  A new post is published each Wednesday.  For more detailed information on a variety of aspects relating to this post, consult the links below:

http://historymatters.gmu.edu/d/5166













http://www.worldwar-2.net/

Wednesday, November 23, 2011

Super Committee: A Super Bad Idea Fizzles

It's time to Break It Down!

OK, it’s Thanksgiving Eve.  As is my tradition, I will make sure this pre-holiday post is not particularly long.  As a holiday traditions go; family activities rock, reading blogs, not so much.  While this is not a seasonal post, I do wish each of you Happy Thanksgiving.  I hope you take time to make someone’s holiday brighter.

To place this topic in its proper context, it is important to note that on July 31st, President Obama and the Congress forged an agreement designed to avert propelling the nation into default for the first time in history.  The good news was, while a faction of Congress, and the splinter groups which support them actually lobbied for forcing the country into default, the President and more reasonable minds in Congress managed to cobble together a tenuous pact that prevented default.  The bad news is it did not forestall Standard & Poor’s imposing a downgrade of the U.S. credit rating.

It does appear that recently, the blog has produced a series of déjà vu moments.  Today is no exception.  On August 3rd, in a post entitled, The Debt Ceiling Induced Default Averted: What's Next,” I made the following observations about the debt deal in general, and the Super Committee in particular:

The agreement has two distinct stages:

  1. The initial phase includes $917 billion in savings and a $900 billion dollar increase in the debt ceiling, consistent with the GOP-T Party stipulation that there be at least as much savings as any increase in the debt limit
  2. In the second phase of the agreement, a special joint committee of Congress will devise and recommend to both Houses of Congress a package of reductions totaling $1.5 trillion or more, with Congress obligated to vote the package up or down by the end of the year, without the option to make amendments.
The special joint committee will be comprised of 12 members, 6 from each chamber, equally divided between Democrats and Republicans.  The group is scheduled to tender its recommendations by November 23rd; Congress, in turn, must vote the provisions up-or-down by December 23rd.

In reaching the additional reductions, the panel is expected to consider reforms to the tax code and entitlement programs.  On one level, given the polar positions of the two Parties on these questions, and in particular on the matter of Republican opposition to revenue (tax) increases, it is difficult to foresee a successful outcome for the special joint committee.

However, if Congress fails to enact the recommendations, any debt ceiling increase must be offset by a budget trigger, which would impose mandatory across-the-board spending cuts equal to the debt ceiling increase.  Such cuts would be split between defense and non-defense programs, including entitlements, which would be an exceedingly unpopular option.

Ultimately, any final debt ceiling agreement must be voted on by Congress.  This vote may engender a veto by President Obama.  The agreement also calls for both Houses of Congress to vote on a Balanced Budget Amendment, though passage of this amendment is not required for the enactment of a debt limit increase; a stipulation the Tea Party had demanded in earlier negotiations.

As you can see, I opined on August 3, it was, even then, hard to fathom the United States Joint Select Committee on Deficit Reduction, otherwise known as the Super Committee, could possible succeed.  The parties were simply too far apart in their basic positions, and views of how the world works, or at least, should work.  The Committee’s scope of work was critical to achieving the level of debt reduction outlined by Congress, and incorporated in the proposal.

The Committee's recommendations are due today, though the Joint Leaders conceded failure this past Monday.  The Co-chiars opted to send a written statement to the press, rather than actuall face the media.  In the hazy aftermath of 3 1/2 months of deliberations, many Republicans claim or admit (I'm not sure which) that the failure is no surprise.  A number of them are threatening to vote to remove the automatic spending cuts slated to go into effect in the event the Committee fails to reach consensus in identifying budget targets.  In response to this gambit, President Obama has vowed to veto any efforts to neutralize, or eliminate those cuts.

In August I believed the danger in creating and authorizing a Super Committee was that it would bestow 6 Republicans with an inordinate amount of power, relative to the entire Congress.  In effect, six men were given the opportunity to hold the process hostage.  In addition, after rejecting the idea of increasing revenue as part of the solution to our debt crisis, the GOP, Tea Party, and Right Wingers everywhere are now content to blame the President for the failure of Congress to do its job.  What a novel ideal; kick the can down the road.  Again; seriously?  Super Committee: A Super Bad Idea Fizzles!  And I for one am not surprised.  I am done though; holla back!

Read my blog anytime by clicking the link: http://thesphinxofcharlotte.blogspot.com.  A new post is published each Wednesday.  For more detailed information on a variety of aspects relating to this post, consult the links below:







Wednesday, November 16, 2011

Hoop Jones Part Two: To Hoop or Not To Hoop!

It's time to Break It Down!

It’s just a game!  At least, that is what I keep telling myself, in a cadence similar to the one Dorothy used when she intoned, the familiar, “There's No place like home,” in “The Wizard of Oz.”  You remember, the magical incantation given to her by Glinda, the Good Witch of the North.  She repeated the phrase until she was miraculously transported from the Emerald City and the harrowing series of calamities she experienced in the Land of Oz, back to the bucolic tranquility of her native Kansas.

Oh how I wish it were that simple.  I would like very much to be magically, instantly, extricated from the morass National Basketball Association(NBA) Commissioner David Stern has termed The Nuclear Winter of the NBA.”  In case the NBA is simply not your thing, or in the event, you’ve just managed to miss the latest development in labor strife, professional sports style, the National Basketball Players Association (NBPA), the players’ Union, founded by none other than the inimitable Bob Cousy, and the NBA find themselves perilously juxtaposed upon the precipice of the ultimate impasse.

It is clear Commissioner Stern is fed up with the players’ aversion to acceptance of the League’s/owners’ latest offer.  He has framed the players’ dissent in the most condescending light, repeatedly.  Jumping straight to the where are we now point of the story, negotiations failed to result in a new Collective Bargaining Agreement (CBA), the players have disclaimed the Union, in effect, disempowering the organization to act/negotiate on behalf of the players.  This action means the battle, and at this point it must be termed that, moves from the Board Room to the Court Room.

On March 16, 2011, exactly eight months ago, I wrote the following two paragraphs in a post entitled, “America’sGame: Locked & Loaded:

  • The 2011 Super Bowl; in the vault, this year’s Pro Bowl; history; the National Football League (NFL) Draft, source for new talent; right around the corner, yet, for now, the topic uppermost on the minds of football fans across the nation and around the world is “The Lockout.” While college Basketball owns the rights to the term March Madness, Trademarked, I’m sure, NFL owners and players may want to at least borrow the moniker until they can resolve their current impasse. Talk about killing the goose that laid the golden egg, nothing screams insanity more than a work stoppage in America’s Game.
  • In summary, this is a clash of Titans. The interests, investment, and enjoyment of fans appear to be secondary considerations…if that high. Fans should take stock; not just fans of the grid iron. It is worth noting that 2011 has the potential to be the year of the CBA Triple Crown, as the Agreements for Basketball and Baseball also expire this year. You may want to consider installing seat belts on your couch; it could be a bumpy sports year.
Those sentiments were the opening and closing statements regarding what was at that time, the very contentious labor discord between the National Football League (NFL), and its players’ Union, the Nation Football League Players’ Association (NFLPA).  The two sides were locked in often strident debate over crafting and agreeing upon terms for a new CBA.  As you can see, even then, it was evident the NBA was headed down a similar path as the one the NFL was on that time.  That was then.  Now, to my chagrin, the NBA and its players have upped the ante…significantly.  This latest gambit calls into direct question whether there will be a 2011-12 Season.

So what are the particulars; what exactly are these very wealthy men arguing about?  The short answer is, as it is always in situations such as this, money…and lots of it!

The CBA is the framework the owners and players agree to, for a specified amount of time, to govern and enforce the terms and conditions of the working relationship between the two parties.  The most recent agreement expired June 30th, shortly after the season ended.  The owners invoked a Lockout on July 1st.

When reduced to its essence, there are three key points around which the debate, and the inability to reach consensus revolve:

1.      Revenue Sharing – There are probably no questions more basic than how big is the pie, and who gets how much of it.  In the NBA this has taken on added importance because unlike the NFL, the NBA does not have revenue sharing.  Stick a pin in that point.  I’ll come back to it later.  The Commissioner has stated most (up to 22 of the League’s 30 teams) are expected to lose money this year.  By implication it is suggested that there is a hierarchy of loss weighted toward small market teams, since they do not generally have the benefit of lucrative TV viewing areas; certainly not on the same scale as large market teams.  For clarification, part of what makes the specifics speculative is that the owners have not opened their books to the players.  That is the owners right, of course.  Alternately, the players’ resulting position that this is the owners’ problem is therefore understandable.  The premise of “Good Faith” is hanging by a tenuous thread, if in fact it exists at all at this point.

2.      Salary Cap – No revenue sharing; no problem (for some owners).  The owners are proposing to scuttle the soft salary cap, used in recent CBA’s, in favor of a hard salary cap.  The soft cap results in the issuance of fines to teams that exceed the cap by a certain amount; the proceeds from those fines are then shared with teams that did not exceed the cap.  A hard cap would limit all teams to the cap; no exceptions.  This would mean, if you want to keep “Player A” on the roster, but there is not enough cap space; you may have to select a player to trade or cut from the roster.  No surprisingly, players oppose this idea.  Owners would also like to impose limits on the size and length of contracts, to hedge against stars that flame out, or that age more quickly than anticipated by the team.  The players view this as owners seeking indemnification against their own bad business decisions.

3.     Basketball Related Income (ticket sales, TV contracts, concessions, etc.) – This is really the heart of the matter.  In the recently expired agreement, the split was 57% (players)/43% (owners).  At the outset of negotiations, players agreed to accept a 53-47 split; a figure which they subsequently dropped to 52.5-47.5.  The owners have uniformly and consistently insisted on a 50-50 split.  Their most recent offer was for a 50-50 split, and a 72-game (10 games less than the League’s 82-game norm) season, starting December 15th.  The players declined, which brings us to where we are now.


In Disclaiming the Union, players indicated their intent to sue the League for ant-trust violations.  In theory this move to embrace litigation rather than negotiation makes it highly unlikely there will be an NBA Season this year.  It hurts my finger to type that statement, and pains my heart to contemplate such an egregious fate.  Still, I cling to the hint of a silver lining.  The action, while injurious, is not irreversible.

From the advent of the Lockout on July 1, until the players decided to disclaim their Union, Derek Fisher, President of the Players Union, and a member of the Los Angeles Lakers, and Billy Hunter, Executive Director of the Union led the players’ side of the negotiations.  But upon disbanding the Union, and announcing their intent to sue the League, the players will now rely upon outside attorneys, Jeffrey Kessler, and David Boles for counsel.

In an interesting turn-about and twist of fate and circumstances, Mr. Kessler represented the NFL Players’ Association, and in doing so, matched legal wits with Mr. Boles, who represented the NFL.  While the outcome of this current legal drama is uncertain, what is clear is that the players are employing men who have some of the most recent and relevant experience in these matters.

As an admitted dyed-in-the-wool fan of the game, I admit to having absolutely zero objectivity on this matter.  From my all too-close-to-the-subject vantage point, both the Commissioner/owners, and the players/union, are acting irrationally.

By all appearances this course of action can only serve to harm the game, and push erstwhile rabid fans to seek other forms of entertainment, and of course, places to spend their entertainment budget.  In the end, this surely means owners will generate less revenue, players will earn less in salaries, TV will have fewer games to air, concessionaires will sell less product, and last, but in a perfect world, most important, the fans will be left to pay more, while getting less entertainment for the dollars they (we) spend.

As a passing observation, the League business model may pose the biggest imposition to providing a framework for resolving the differences between the owners and players.  I am not an economist; a fact several of my friends who are remind me of, regularly.  Still, the crux of the matter, as I see it, is that NBA owners do not have revenue sharing.  Without it, the problem of inequality between the so-called small market teams and the large franchises is insoluble.

Moreover, this quandary is a seemingly irresolvable debate between the owners themselves, and has nothing whatsoever to do with the players.  The bottom line on this score is teams like the Lakers (my favorite) and the Knicks, for example, have no interest in, and even less incentive to share revenue with the likes of the Nuggets and Trailblazers, for example.  While such a scheme would help bridge the revenue imbalance from which the small market teams suffer, thus potentially increasing their competitiveness, it would at the same time reduce the value and profitability of the large market teams.

So in the end, it is clear (to me, anyway) the owners have quite naturally chosen to "kick the can down the road" on the real problem, while simultaneously attempting to extract another pound of flesh fromthe players, rather than an additional ounce from their own coffers.  But really, as a fan, I have no interest in assigning blame.  This is just the story of “Hoop Jones Part Two: To Hoop or Not To Hoop!”

By the way, hang in there, Major League Baseball’s (MLB) CBA expires December 11th.  However, in a breath of fresh air, Major League Baseball and the Major League Baseball Players’ Association(MLBPA) are rumored to be close to signing a new CBA, and are expected to do so prior to the deadline.  The temptation is to say the principals have been watching the antics of the NFL and the NBA, but the truth is they reached their last agreement in 2006 without rancor.  The new agreement is expected to extend play for another five years.

I’m done: holla back!

Read my blog anytime by clicking the link:  http://thesphinxofcharlotte.blogspot.com.  A new post is published each Wednesday.  For more detailed information on a variety of aspects relating to this post, consult the links below:

http://thesphinxofcharlotte.blogspot.com/2011/03/americas-game-locked-loaded.html

http://www.youtube.com/watch?v=gMS7twjiTlY

http://www.guardian.co.uk/sport/blog/2011/nov/15/nba-lockout-pay-deal-explained?newsfeed=true

http://en.wikipedia.org/wiki/Derek_Fisher

http://en.wikipedia.org/wiki/Billy_Hunter_(American_football)

http://www.miamiherald.com/2011/11/15/2504133/nba-cancels-all-games-through.html

http://en.wikipedia.org/wiki/Jeffrey_L._Kessler

http://www.washingtonpost.com/sports/wizards/nba-lockout-nba-players-reject-latest-offer-putting-season-in-jeopardy/2011/11/14/gIQAjB3UMN_story.html?tid=pm_pop

http://espn.go.com/nba/story/_/id/7234180/nba-lockout-players-not-accept-deal-seek-disband-billy-hunter-says

http://www.economist.com/blogs/gametheory/2011/11/nba-lockout

http://mlb.mlb.com/news/article.jsp?ymd=20111115&content_id=25981170&vkey=news_mlb&c_id=mlb

http://mlb.mlb.com/news/article.jsp?ymd=20111115&content_id=25981170&vkey=news_mlb&c_id=mlb

http://www.chron.com/news/article/NBA-should-have-learned-from-MLB-2271281.php

http://bleacherreport.com/articles/904159-5-key-issues-of-interest-in-mlbs-collective-bargaining-agreement-negotiations

http://www.forbes.com/sites/sportsmoney/2011/10/24/five-recommendations-for-mlbs-new-collective-bargaining-agreement/