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| Msg 1 of 2: Đă gửi: 27 October 2008 lúc 11:37am | Đă lưu IP
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Tôi thấy bài này có nhiều ddiều hửu ích cho những ai muốn t́m hiểu về những thay ddôi có thể xảy ra nếu ông Obama ddắc cử . Quí vị nào muốn góp ư cứ tự nhiên nhưng yêu cầu góp ư bằng kiến thức của ḿnh hay ư kiến của những nhà chuyên môn khác ddể mọi người có thêm cơ hội t́m hiểu , quí vị nào "tranh căi" theo cảm tính cá nhân xin miển bàn.
(Tôi không có th́ giờ dịch sang tiếng Việt nhưng thiết nghĩ Anh ngữ là một ngôn ngữ phổ thông khắp thế giới nên hy vọng ngôn ngữ không là vấn ddề trong việc t́m hiểu giúp ích cho kiến thức làm giàu ddời sống tinh thần (và vật chất nếu bạn biết ứng dụng kiến thức này vào ddời sống ) của chúng ta .
http://www.forbes.com/entrepreneurs/2008/10/24/barack-obama- law-ent-law-cx_rb_1023robertbovarnickobama.html?partner=smal lbusiness_newsletter
Good Counsel
The Law Under Obama
Robert Bovarnick 10.24.08, 10:50 AM ET
Robert Bovarnick
When I listen to Barack Obama on the stump, I can't help recall the flirty Claudio, from Shakespeare's Much Ado About Nothing, about whom his friend Benedick remarked: "His words are a very fantastical banquet, just so many strange dishes."
With Obama the clear frontrunner in the U.S. presidential election, I figured I'd focus on some changes in the law that can be expected under an Obama-Nancy Pelosi-Harry Reid government--potentially one of the most liberal the country has had in decades. (Full disclosure: I am a registered Republican. Over the years, I have supported candidates from both major parties, and while I have served on the finance committee for a democratic Congressional candidate during two election cycles, I am not a member of any lobbying group.)
There is no question that Sen. Obama is a master orator. But, as Sen, McCain said during the third debate, it is important to listen carefully to what he says. In certain unscripted moments, Obama has given us a glimpse of his somewhat socialist leanings.
Couple that with the recent pronouncement of House Speaker Nancy Pelosi, who has pushed to implement a $300 billion stimulus package--on top of the $700 billion financial rescue package and the $800 billion of additional proposed spending under an Obama presidency--and you can see where we are headed.
With that, here are 10 troubling predictions:
Elimination of the Statute of Limitations on Discrimination Suits
During the third presidential debate, Obama made reference to Lily Ledbetter and the decision of the U.S. Supreme Court that, according to the senator, denied her of her right to raise a claim for discriminatory pay. Obama is a lawyer and knows that the decision was not about equal pay, but rather whether Ms. Ledbetter filed her case within the time limitations set forth in the law.
The statute of limitations is a very important part of the legal process. The idea is that people who have claims against other people should not wait indefinitely to assert them, and should not be able to hold them over someone's head forever. When a statute of limitations applies, it means that law suits filed after the statute of limitations period has expired are barred and will not be heard.
It was not as if Ledbetter was not aware of the pay difference--she worked at Goodyear Tire & Rubber (nyse: GT - news - people ) for 19 years. It wasn't until after she retired that she decided to file the lawsuit. But the problem goes far beyond Ms. Ledbetter and whether the statute of limitations for discriminatory pay should be eliminated; it goes to the mindset of whether the government should take care of the Lily Ledbetters of the world, or whether they have a responsibility to take care of themselves. It appears Obama isn't afraid of letting the U.S. morph into a "nanny state."
Elimination of Secret Ballots for Unionization
Under the current law, once a majority of workers submit cards requesting union certification, an election is held in which workers vote by secret ballot on whether to ratify unionization.
The last Congress tried to pass the grossly misnamed "Employee Free Choice Act," also known as "Card Check." This act claimed to promote democracy in the workplace by taking away the secret ballot when voting on unionization. With the ballots open for view, union leaders would know how everyone is voting--allowing union organizers to strongly encourage employees into signing something they may not want to.
The act also imposes a compulsory arbitration scheme that would most certainly result in a massive shift to union shops. While it passed in the House, the act fell nine votes short in the Senate to defeat the Republican filibuster. If there is a supermajority in Congress, there will be no filibuster to stop this act from becoming law.
New Bankruptcy Laws
Senator Obama would like to give bankruptcy courts the right to reduce the principal amount due on a loan secured by a mortgage. Example: Say a bank lends $500,000 to a homeowner. After the borrower can't pay it, rather than permitting the bank to foreclose and get the property back, the court could reduce the amount owed to the bank to some significantly lower amount. As a result, the bank loses out on the ability to get its own money back. This perpetuates the mortgage crisis.
Massive, Massive Tax Increases for Business Owners
Obama is fond of saying that 95% of Americans will receive a tax cut, even though a reported 38% of all Americans currently pay no income taxes. That means nearly four out of 10 Americans will get a nifty freebie, and that money will come from the hiring class.
(A side beef: As a reasonably well-paid lawyer, I have always tried to figure out why I am not considered the head of a "working family." I work six days a week at my day job, write this column, write a column for a newspaper and host a radio show. Seems like work to me.)
Obama's tax plan would hit the bottom line of small businesses in a number of ways. First, because a solid majority of small business owners are taxed at the personal income rate, any moderately successful business (with an income of as little as $165,000 a year) could face a higher tax liability.
Second, Obama's plan phases out certain tax deductions, thus raising rates imposed on this group by another 1.5 percentage points. Third, the plan would increase the highest marginal tax rate by four percentage points, to 39% from 35%. Fourth, the plan would eliminate the cap on income subject to payroll taxes, which would also affect owners of small businesses.
Bottom line: The federal tax on small business could be as much as 45%--and that's before state and local taxes.
A Global Poverty Initiative
Obama has taken heat for not having sponsored any significant legislation. But last December, he was one of the sponsors of the Global Poverty Initiative. Its goal: to reduce--in the span of 25 years (from 1990 to 2015)--by one-half the proportion of people worldwide who live on less than $1 per day.
The estimated cost to the U.S.: an additional $845 billion over 13 years on top of existing foreign aid, currently at $300 billion. This amounts to a tax of more than $2,000 on each man, woman and child in the United States. It seems that Obama not only wants to redistribute wealth among U.S. citizens, he also has a mind to make this country the cash register for the world.
Increased Involvement in the Mortgage Crisis
It is well-established that the current financial crisis has its roots in the Community Reinvestment Act of 1977. Amended in 1993 under the Clinton administration, the act aimed to prevent banks from merging or expanding unless they agreed to lend to riskier credit holders.
In 1994, Obama was the attorney in a class-action case against Citibank, demanding that the bank approve an equal percentage of minority and non-minority mortgage loan applicants. The result: Banks underwrote more subprime loans. You know what happened next.
Nationalized Health Care
On his Senate Web site, Obama writes: "In the 2008 campaign, affordable, universal health care for every single American must not be a question of whether, it must be a question of how." He also has said, "If I were designing a system from scratch, I would probably go ahead with a single-payer system." Translation: The government pays health care bills with tax dollars.
A single-payer system would look a lot like Medicare. Employers would either provide a federally approved level of health benefits to their workers or pay a tax to help finance the national health plan. The plan would also offer subsidies to certain small businesses to entice them to offer coverage. It would create a refundable tax credit for employers who secure a "quality" health plan for their employees and cover a "meaningful" share of premiums. As for what constitutes a small business, a quality health plan, or a meaningful share of premiums, we just don't know.
Net Neutrality
A purely neutral information network is one that would treat all content that traveled across it equally--no one data packet would be prioritized above another. Obama believes the government should be in charge of the priorities on the Internet, rather than let the market decide.
The basic issue of net neutrality is whether the Internet is a public utility. If the answer is yes, then many people would assume that it is subject to regulation on par with what exists for water, natural gas, telephone and electrical service. It appears Obama wants the government to have control over the Internet, just as it does with telephone service.
Dubious Stewardship on the Supreme Court
Everyone recognizes that the next president will most likely appoint up to three new Supreme Court justices. While most people rightfully focus on Roe v. Wade (a decision I agree with), by most accounts, a President Obama would take a much different approach to his judicial appointments.
Last year, Obama stressed the importance of understanding "what it's like to be poor, African-American, gay, disabled or old. And that's the criteria by which I'm going to be selecting my judges." He went on to say that 95% of cases can be judged on intellect, but that the other 5% are the most important ones.
"In those 5% of cases, you've got to look at what is in the justice's heart, what's their broader vision of what America should be." Might Obama be looking to appoint judges who are more interested in legislating from the bench rather than interpreting the Constitution? It's not a stretch.
During the last week of the baseball season, I went to a Phillies game. I bought a large bucket of garlic fries. They tasted great going down--it was only later that I got sick. And that's precisely what worries me about an Obama presidency: His words sound good going down--but once they've been digested, I fear we will all get very, very sick.
Rob Bovarnick is the managing partner of Bovarnick and Associates, a Philadelphia-based business law firm representing businesses and entrepreneurs in general corporate and business matters, litigation and business bankruptcy. Rob can be reached at rmb@rbovarnick.com.
Sửa lại bởi khangaabc : 27 October 2008 lúc 11:57am
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