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Tenuta di Sesta Rosso di Montalcino

Tenuta di Sesta Rossi di Montalcino. A lovely baby “Brunello” to drink now. Light color. Light to med body. Nice floral nose. Cherry. Sour cherry. A shade too tannic for a wine that probably won’t age. But a real bargain at $14.99 at @klwines pic.twitter.com/oNTODZgpv5

— Professor Bainbridge (@ProfBainbridge) March 10, 2018

UND STEP Course on Catholic Social Thought Week 3 Discussion Questions

As previously explained, I've enrolled in the University of Notre Dame's Satellite Theological Education Program (STEP) to pursue their Certificate in Doctrine. I've already taken three of the six required courses. I'm currently taking my fourth STEP course Catholic Social Teaching.

Week 3 is "Social Analysis - Putting Catholic Social Teaching to Work." Here are my answers to the discussion questions.

What is one social justice issue that you regard as especially important?

The dignity of every human is the foundation of CST. Each human is a unique person but all share having been made in the image and likeness of God. A just society will therefore respect and protect human life at all stages from conception to its natural death. This is why life issues--abortion, euthanasia, and the death penalty--ought to be at the top of the hierarchy of CST concerns.

What strengths do you see in the Pastoral Circle process? Is it missing anything important?

According to the Ignatian Solidarity website:

The concept of the “pastoral circle” or the “circle of praxis” was introduced in the book, Social Analysis: Linking Faith and Justice, by Joe Holland and Peter Henriot (Orbis, 1980). ... The pastoral circle is a critical, systematic and systemic approach to the reflecting on our human predicament.

The four moments or dimensions of the pastoral circle as: insertion, social analysis, theological reflection, and pastoral planning. All four of these circulate around experience and are concerned for justice. ...

1. Contact or Immersion: WHAT IS HAPPENING HERE?" When contact is made, a privileged question to be asked is: What is happening to the poor in this situation?" This option for the poor "places a priority on the experiences, views, needs, feelings, and stance of the poor and most vulnerable in a community."

2. Analysis or Social Analysis: WHY IS THIS HAPPENING? "The question of why such conditions exist will be guided by those whose rights are being vio- lated and whose responsibilities are called upon to change the situation. The language of rights and responsibilities--rooted in the human dignity of each person in community--pushes analytical approaches beyond economic and political causes to social and cultural causes." (23)

3. Reflection or Theological Reflection: WHAT DOES IT MEAN? "When we come to ask what it means to our faith to evaluate this situation and what is really most at stake in this situation, we can be guided by the church's social teaching about human dignity and solidarity. Every person is made in the image of God. Dignity is not earned; it is a gift. Key to this dimension of the pastoral circle is the influence of Scripture and theological thought.

4. Response or Pastoral Planning: HOW SHOULD WE RESPOND? "What to do is an inevitable question in the movement around the pastoral circle. Two principles of the church's social teaching orient the threefold response of planning, action, and evaluation. The first is the principle that places action at the lowest level possible--subsidiarity. The second is the principle that reckons the most efficient, equitable, and sustainable use of resources, stewardship."

All of which is diagrammed as:

Candidly, this is not a mode of inquiry I find especially useful. It does not provide guidance as to how to specify the outcome of the process. When used in group settings, it also carries with it an implied relativism because ti suggested that truth arises out of a consensus by a group following the see-judge-act methodology.

The pastoral circle usefully can be situated as a form of reflective learning. Critics of reflective learning have argued that it offers no agreed upon methodology and that there is little empirical evidence demonstrating its real world effectiveness. Further, much reflective thinking is naïve because those undertaking the process simply do not have the knowledge necessary for meaningful understanding of the problem. Finally, reflective learning tends to be self-affirming rather than transformative. In particular, it privileges personal feelings as the most authentic form of analysis.

The discussion of immigration in the lecture is an example. Their process is focused on what's in front of their noses and what they feel. There's no big picture analysis of the costs and benefits of immigration policy.

What about the Catholic teaching on immigration challenges you, and why? Which of the seven themes of Catholic Social Teaching seem to connect most closely with the Church’s teaching on migrants?

Immigration Is a great example of the limits of CST as a basis for real world policy making. At a minimum, it implicates the themes of The Preferential Option for the Poor and Vulnerable and Solidarity. As The USCCB explains, the preferential option is founded on the principle that "A basic moral test [of a society or nation] is how our most vulnerable members are faring." As for solidarity, "We are one human family whatever our national, racial, ethnic, economic, and ideological differences. We are our brothers and sisters keepers, wherever they may be."

But how does one translate those preset into the fine detail of public policy. Consider, for example, the USCCB's resource document Catholic Social Teaching on Immigration and the Movement of Peoples. It simultaneously teaches that:

People have the right to migrate to sustain their lives and the lives of their families.

and that:

A country has the right to regulate its borders and to control immigration.

At some point, those principles become irreconcilable. Regulating borders and controlling immigration inevitably means that some migrants won't be admitted. The Bishops claim that the two principles do not negate each other because they must be. understood in light of a third principle:

A country must regulate its borders with justice and mercy.

Granted, the Church properly is concerned less with rigid codes of conduct that with promoting sound context-based judgment. It trains us to a moral life emphasizing the habitual private exercise of truthfulness, courage, justice, mercy, and the other virtues. But it is not obvious that the principles of justice and mercy help us decide whether the cut off age for Dreamers should be 18, 21, or 30.

As such, I find the broad and amorphous statements of moral norms typical of Catholic social teaching (and much commentary thereon) a blunt instrument poorly suited to the sort of fine detail work demanded of lawyers, judges, and legislators.

Think of a particular social issue you could address in your own ministry setting or with a group of like-minded disciples. Briefly summarize each of the four steps of the Pastoral Circle process you could use to address that issue in your context.

An issue that has been much on my mind of late has been the way we treat people at the end of their life (perhaps because I'm pushing 60!). All too often we warehouse the elderly in assisted living or nursing homes, where their care is all too often subpar.

Having identified the problem, gather a group of likeminded persons who share that concern.

Brainstorm about possible solutions. Are there regulations that need to be reformed? Are there new laws needed? is additional funding needed.

Develop a plan of action.

Implement it.

Whether that fits within the pastoral circle or not, it strikes me as a plan.

Holman Jenkins on why CEOs and politics are a bad mix

Good stuff:

Only horror attends the picture being drawn by some, in which every business, media outlet and even sports league will have to decide which half of the country it’s going to serve, the red half or the blue half, and forever write off 50% of the customer base.

The big question about corporate social responsibility initiatives by large companies and investment funds

Bloomberg reports:

In the weeks since the Parkland school shooting, big U.S. companies have found themselves in a familiar position: pressured to act on controversial social and political issues where government won't.

It's blamed (for lack of a better word) on millennials:

“Millennials care, and there's more of them now,” Rick Goings, chief executive officer of Tupperware Brands Corp., said in an interview at the World Economic Forum in Davos, Switzerland in January.  ... What's different now, executives say, is the potent combination of social media and younger consumers who are reluctant to purchase products from, or work for, companies that don't align with their values.

I have a slightly different theory. It's not a case of Republican fat cats abandoning their principles in the pursuit of urban coastal millennial hipsters. It's that today's CEOs used to be the Yuppies Christopher Lasch called the new elites. Back when they were young, they embraced a value set now largely shared by Blue State types:

"[T]he new elites, the professional classes in particular, regard the masses with mingled scorn and apprehension." For too many of these elites, the values of "Middle America" - a/k/a "fly-over country" - are mindless patriotism, religious fundamentalism, racism, homophobia, and retrograde views of women. Middle Americans, as they appear to the makers of educated opinion, are hopelessly shabby, unfashionable, and provincial, ill informed about changes in taste or intellectual trends, addicted to trashy novels of romance and adventure, and stupefied by prolonged exposure to television. They are at once absurd and vaguely menacing."

 Today's CEOs haven't changed their minds about the people Hillary called The Deplorables. So why should we expect anything other than urban coastal values from them?

Sharfman on Jackson

SEC Commissioner Robert Jackson and Perpetual Dual Class Shares https://t.co/Zi4xqLqVsl Good post by Bernard Sharfman

— Professor Bainbridge (@ProfBainbridge) March 6, 2018

UND Step Course in Ecclesiology Certificate of Completion

As previously explained, I'm enrolled in the University of Notre Dame's Satellite Theological Education Program (STEP) to pursue their Certificate in Doctrine. I've already taken three of the six required courses, as evidenced by my Certificate of Completion for the Course in Ecclesiology. This has been a tremendously worthwhile program, which has strengthened my faith and enabled me to learn so much more about that faith.

Be patient with me. God is not finished with me.

Geis on "Traceable Shares and Corporate Law"

Every once in a while you come across a law review article that makes you sit back and say, "gee, I wish I had written that." Such was my experience in reading George Geis' new article Geis, George S., Traceable Shares and Corporate Law (February 2018). Northwestern University Law Review, v. 113, Forthcoming; Virginia Public Law and Legal Theory Research Paper No. 2018-13; Virginia Law and Economics Research Paper No. 2018-05. Available at SSRN: https://ssrn.com/abstract=3129042

A healthy system of shareholder voting is crucial for any regime of corporate law. The proper allocation of governance power is subject to debate, of course, but everyone should be concerned with the fitness of the underlying mechanism used to stuff the ballot boxes. Proponents of shareholder power, for instance, cannot argue for greater control if the legitimacy of the resulting tallies is suspect. And those who advocate for board deference do so on the bedrock of authority that reliable shareholder elections supposedly confer.

Unfortunately, our trust in the corporate franchise was forged during an era that predates modern complexities in the way that stock ownership is now tracked and traded. We do not trace shares, and any clear-eyed look at the conferral of voting rights via back-end stock clearing practices is unsettling. Evidence of the various entanglements crops up from time to time—in the form of questionable voting outcomes or disputes about standing for shareholder lawsuits—but the underlying problems are systemic, not episodic. Our stock clearing system is a kludge.

This is an important moment for corporate law, however, because new technology is approaching a state where clearing and settlement systems may soon support traceable shares. The rise of distributed ledgers and blockchain technology is poised to allow for specific share identification and precise records of share provenance. This may sound like an uninteresting technical sideshow, but, as this article will argue, the impact of traceable shares on corporate law will be profound. It will change the structure of shareholder lawsuits, alter the allocation of corporate governance rights, and require lawmakers to rethink fundamental principles of shareholder responsibility for corporate misdeeds.

It's a very timely and provocative article. Highly recommended.