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	<title>Maryland Mesothelioma Lawyer  </title>
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	<link>http://www.maryland-mesothelioma-lawyer.com</link>
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		<title>More Congressional Interest in Asbestos Trust Funds</title>
		<link>http://www.maryland-mesothelioma-lawyer.com/more-congressional-interest-in-asbestos-trust-funds-4/</link>
		<comments>http://www.maryland-mesothelioma-lawyer.com/more-congressional-interest-in-asbestos-trust-funds-4/#comments</comments>
		<pubDate>Wed, 22 Feb 2012 21:41:32 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Maryland Mesothelioma Lawyer]]></category>
		<category><![CDATA[Asbestos]]></category>

		<guid isPermaLink="false">http://www.maryland-mesothelioma-lawyer.com/?p=504</guid>
		<description><![CDATA[If you read the last article we posted about asbestos trust funds, you’ll remember the clever hammock analogy used to describe what they are. If you didn’t read it, you can do so here. Now, the Government Accountability Office (GOA) – a sort of congressional watchdog group that keeps an eye on government spending of [...]]]></description>
			<content:encoded><![CDATA[<p>If you read the last article we posted about asbestos trust funds, you’ll remember the clever hammock analogy used to describe what they are. If you didn’t read it, you can do so here.</p>
<p>Now, the Government Accountability Office (GOA) – a sort of congressional watchdog group that keeps an eye on government spending of taxpayer dollars – has published a report that reveals the somewhat secretive system of asbestos trust fund payouts.</p>
<p>The report looked at 52 asbestos trust funds that have paid out over 3,000,000 claims for a total of about $17.5 billion. The investigation was prompted by the fact that these asbestos trust funds don’t publish details about their activities, yet do make general information available. Attorneys representing asbestos companies or defendants &#8212; in asbestos lawsuits filed by mesothelioma victims – raised a stink about the secrecy of the details and implored congress to get involved. The investigation proceeded to determine if, in fact, these asbestos trust funds were keeping details secret.</p>
<p>The investigation revealed only &#8220;one trust&#8217;s financial report contained claimant names and amounts paid to these individuals.&#8221;</p>
<p>The defendants in asbestos lawsuits have been the critics of asbestos trust fund secrecy. They allege that asbestos lawyers andmesothelioma law firms oversee the operation of these asbestos trust funds to prevent them from revealing how much their clients have been paid. This, they further allege, allows some asbestos attorneys to file claims with multiple trusts that could contradict each other.</p>
<p>The GAO report stated that 98% of asbestos trust fund claims go through what is called an expedited review process, which requires a claim form and some documentation that asbestos exposurehappened. Perhaps the lawyers representing the asbestos companies want mesothelioma victims to have to go through much more than that to get the compensation they deserve?</p>
<p>According to the report, 65 percent of asbestos trust funds treatclaims information as confidential and privileged. Defendants and insurers want the details to be available to them so they can reduce the value of the claims awarded to mesothelioma victims in court.</p>
<p>If you or someone you know has been diagnosed with mesothelioma and suspect it’s due to asbestos exposure, contact amesothelioma attorney at Sokolove Law for a free consultation. Also, write to your local congressman about keeping the details of asbestos trust fund settlements confidential and out of the hands of the asbestos companies.</p>
<p><strong>Asbestos</strong></p>
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		<title>Cleaning Up New Jersey&#8217;s Asbestos Problem</title>
		<link>http://www.maryland-mesothelioma-lawyer.com/cleaning-up-new-jerseys-asbestos-problem-3/</link>
		<comments>http://www.maryland-mesothelioma-lawyer.com/cleaning-up-new-jerseys-asbestos-problem-3/#comments</comments>
		<pubDate>Tue, 21 Feb 2012 01:17:58 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Maryland Mesothelioma Lawyer]]></category>
		<category><![CDATA[Asbestos]]></category>

		<guid isPermaLink="false">http://www.maryland-mesothelioma-lawyer.com/?p=500</guid>
		<description><![CDATA[The removal and disposal of asbestos used as a building material is a dangerous, expensive and highly technical process. Contractors who work with the deadly substance usually need to hold a license from the state and require specialized equipment and safety precautions before undertaking any asbestos-related job. If proper procedures are not followed when working with asbestos, [...]]]></description>
			<content:encoded><![CDATA[<p>The removal and disposal of asbestos used as a building material is a dangerous, expensive and highly technical process. Contractors who work with the deadly substance usually need to hold a license from the state and require specialized equipment and safety precautions before undertaking any asbestos-related job. If proper procedures are not followed when working with asbestos, not only can there be significant health consequences for the workers, but the contractors also can be liable for significant financial penalties.</p>
<p>In Gibbstown, N.J., local contractor Lovett Contracting is facing legal action and potentially stiff fines from the United States Environmental Protection Agency (EPA) as a result of the alleged improper clean-up and removal of asbestos-containing materials used in a former DuPont Chemical gunpowder plant. The lawsuit alleges Lovett was in violation of the federal Clean Air Act and the National Emission Standard for Hazardous Air Pollutants regarding asbestos. The EPA is seeking $32,000 per day and per violation as well as court costs, which can ultimately amount to hundreds of thousands of dollars of violations for the contractor.</p>
<p>According to The Gloucester County Times, the EPA allegations listed six violations, including failure to take required precautions in demolishing or removing about 5,000 feet of piping and 3,000 feet of pipe insulation with dangerous amounts of asbestos that could be exposed to the air. Once airborne, the asbestos becomes a hazard to employees and the local community alike.</p>
<p>While the contractor had no comment to local media, EPA spokesman Elias Rodriguez said, &#8220;Asbestos is a known carcinogen, and inhalation of asbestos fibers can cause serious health risks.” He noted, &#8220;Using water and equipment such as glove bags and other containment measures prevents the release of asbestos fibers and minimizes the chance of exposure.”</p>
<p>However, high government penalties will not save the lives currently in peril because of this added risk of developing asbestos-related cancers. All these fines can do is punish the offenders. They can not take away the pain, suffering and struggle manymesothelioma and asbestosis victims face on a regular basis. Workers are regularly put at risk during these massive asbestos clean-up projects, with little upfront protection.</p>
<p>Isn’t it time to ban this deadly substance? Join us and help us ban asbestos now.</p>
<p><strong>Asbestos</strong></p>
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		<title>Dangerous Cycle in Asbestos Town</title>
		<link>http://www.maryland-mesothelioma-lawyer.com/dangerous-cycle-in-asbestos-town-2/</link>
		<comments>http://www.maryland-mesothelioma-lawyer.com/dangerous-cycle-in-asbestos-town-2/#comments</comments>
		<pubDate>Tue, 21 Feb 2012 01:16:18 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Maryland Mesothelioma Lawyer]]></category>
		<category><![CDATA[Asbestos]]></category>

		<guid isPermaLink="false">http://www.maryland-mesothelioma-lawyer.com/?p=498</guid>
		<description><![CDATA[As reported by Associated Press, those who have lived in the town of Libby, MT for the last few decades have seen around 400 people die and an additional 1,750 suffer from asbestos-related diseases like mesothelioma cancer and asbestosis.  Emotions and anxiety ran high recently when it was discovered the struggle is not yet over.  This week, it was [...]]]></description>
			<content:encoded><![CDATA[<p>As reported by Associated Press, those who have lived in the town of Libby, MT for the last few decades have seen around 400 people die and an additional 1,750 suffer from asbestos-related diseases like mesothelioma cancer and asbestosis.  Emotions and anxiety ran high recently when it was discovered the struggle is not yet over.  This week, it was revealed that two giant piles of bark and wood chips that have sat on the edge of town for years are contaminated with an unknown level of asbestos.  Residents have been helping themselves to truckload after truckload of the material to place in yards, city parks, outside school and at the local cemetery.  No one ever told them the piles may be filled with the toxin that has killed so many of the people they loved.</p>
<p>An AP investigation found that the federal government has known for at least three years that the wood piles contained asbestos, but they did not know the level of contamination.  EPA documents show that in 2007, 20 samples were taken from the pile, four of which showed potentially dangerous asbestos fibers.  The piles came from a now-defunct timber mill that took thousands of trees from a forest affected by asbestos from a nearby mine.</p>
<p>The potential for more contamination has frayed nerves in the town of 3,000 people and further eroded confidence in the government to clean up the mess. Resident Lerah Parker, who has spread truckloads of the material around her property, worries, &#8220;We thought we were coming to an end and now we have this issue all over again.” Residents are justified to feel concerned about the public health of their town.  Asbestos is one of the only causes of mesothelioma and, unfortunately, themesothelioma life expectancy can be grim.</p>
<p>Residents aren’t the only ones scrambling at this time. The EPA is now trying to gauge the public health risk and is preparing to issue guidelines about how residents should handle the wood, including warnings not to move or work with the material when it&#8217;s dry to avoid stirring up asbestos.  But the agency has decided it won&#8217;t track down where the chips went, saying it no longer has jurisdiction because the material is now classified as a commercial product.</p>
<p>Libby has fought an uphill battle against asbestos for many years.  This is not a resting point.  They must continue leading the fight for an asbestos-free country.</p>
<p><strong>Asbestos</strong></p>
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		<title>Study Links Premature C-Section Birth with Increased Cerebral Palsy Risk</title>
		<link>http://www.maryland-mesothelioma-lawyer.com/study-links-premature-c-section-birth-with-increased-cerebral-palsy-risk/</link>
		<comments>http://www.maryland-mesothelioma-lawyer.com/study-links-premature-c-section-birth-with-increased-cerebral-palsy-risk/#comments</comments>
		<pubDate>Mon, 20 Feb 2012 20:56:14 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Maryland Mesothelioma Lawyer]]></category>
		<category><![CDATA[Cerebral Palsy]]></category>

		<guid isPermaLink="false">http://www.maryland-mesothelioma-lawyer.com/?p=496</guid>
		<description><![CDATA[Cesarean section births are no safer for premature babies than a vaginal delivery and might even increase the risk of respiratory problems and other complications such as cerebral palsy, according to a new study of c-section births that is gaining national attention. The study was conducted by researchers at Johns Hopkins and Yale Universities and [...]]]></description>
			<content:encoded><![CDATA[<p>Cesarean section births are no safer for premature babies than a vaginal delivery and might even increase the risk of respiratory problems and other complications such as <a href="http://www.sokolovelaw.com/legal-help/cerebral-palsy-lawyer" target="_blank">cerebral palsy</a>, according to a new study of c-section births that is gaining national attention.</p>
<p>The study was conducted by researchers at Johns Hopkins and Yale Universities and was recently presented at the annual meeting of the Society for Maternal-Fetal Medicine.</p>
<p>Speaking about the study on NBC’s &#8220;The Today Show” this morning, NBC Chief Medical Editor Dr. Nancy Snyderman <a href="http://todayhealth.today.msnbc.msn.com/_news/2012/02/09/10355322-c-sections-arent-always-best-for-preterm-babies" target="_blank">said</a> that the researchers found a 30 percent increase in medical complications in babies who were delivered via C-section. Among the medical complications noted were difficulty breathing and feeding, temperature control problems, and jaundice.</p>
<p>Additionally, she said that the medical issues could worsen over time, and that prematurely taking a baby out of the womb could increase the risk of significant long-term complications, including <a href="http://www.sokolovelaw.com/legal-help/cerebral-palsy-lawyer">cerebral palsy</a>.</p>
<p>&#8220;In the last few weeks of a pregnancy, that’s when the lungs and the brain are really developing, so developmental problems, cerebral palsy, learning disabilities, all of those things become compounded if a baby is taken out prematurely,” Snyderman said.</p>
<p>Snyderman added that the longer the baby stays in the womb – preferably for at least 40 weeks – the better the outcome will be. Recent conventional wisdom used by many doctors regarding babies who were growing at a slower rate than desired is to <a href="http://www.sokolovelaw.com/legal-help/cerebral-palsy-lawyer" target="_blank">perform a C-section birth</a> early and then treat the baby in the ICU instead of letting it remain in the womb, said Snyderman.</p>
<p>If you or a loved one have a child that suffered a <a href="http://www.sokolovelaw.com/legal-help/cerebral-palsy-lawyer" target="_blank">birth injury</a> such as cerebral palsy that may have been caused by medical error or misjudgment, contact Sokolove Law today to learn more about pursuing a <a href="http://www.sokolovelaw.com/legal-help/cerebral-palsy-lawyer" target="_blank">birth injury lawsuit</a>.</p>
<p><strong>Cerebral Palsy</strong></p>
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		<title>The &#8220;Discount Rate” Explained</title>
		<link>http://www.maryland-mesothelioma-lawyer.com/the-discount-rate%e2%80%9d-explained/</link>
		<comments>http://www.maryland-mesothelioma-lawyer.com/the-discount-rate%e2%80%9d-explained/#comments</comments>
		<pubDate>Mon, 20 Feb 2012 20:40:50 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Maryland Mesothelioma Lawyer]]></category>
		<category><![CDATA[Structured Settlement]]></category>

		<guid isPermaLink="false">http://www.maryland-mesothelioma-lawyer.com/?p=494</guid>
		<description><![CDATA[You’ve made up your mind to sell some or all of the payments from your structured settlement. Maybe you need the cash to help cover a home purchase or to pay off medical bills. Or perhaps there’s an investment opportunity you wish to pursue. Whatever the reason – you need money now. Before you sign [...]]]></description>
			<content:encoded><![CDATA[<p>You’ve made up your mind to sell some or all of the payments from your <strong><a title="structured settlement" href="http://www.cbcsettlementfunding.com/structured-settlement/">structured settlement</a></strong>. Maybe you need the cash to help cover a home purchase or to pay off medical bills. Or perhaps there’s an investment opportunity you wish to pursue. Whatever the reason – you need money now.</p>
<p>Before you sign on the dotted line, you should understand that by <strong><a title="selling structured settlement payments" href="http://www.cbcsettlementfunding.com/selling-structured-settlement-payments/">selling structured settlement payments</a></strong> for a <a title="lump sum" href="http://www.cbcsettlementfunding.com/settlement-lump-sum/">lump sum</a> payout, you will receive less than the total amount of your payment stream.</p>
<p>Of course, the amount of money you receive for your payments from a <strong>structured <a title="settlement buyer" href="http://www.cbcsettlementfunding.com/settlement-buyers/">settlement buyer</a></strong> depends on several factors.  One of the most important is the &#8220;discount rate.”  The discount rate is essentially a fee applied by <strong>structured <a title="settlement buyers" href="http://www.cbcsettlementfunding.com/settlement-buyers/">settlement buyers</a></strong> to your future payments to help them cover the cost of their services and maintain a profit. This is why, when you sell your <strong><a title="structured settlement" href="http://www.cbcsettlementfunding.com/structured-settlement/">structured settlement</a>,</strong> the <strong><a title="settlement" href="http://www.cbcsettlementfunding.com/structured-settlement/">settlement</a> <a title="lump sum" href="http://www.cbcsettlementfunding.com/settlement-lump-sum/">lump sum</a></strong> you receive is less than the total payments you would have gotten over time.</p>
<p>The discount rate is calculated using a formula by which the present value of your future payments is determined. It’s a complex bit of math because it takes into consideration the <em>time value of money</em>.  As everyone is painfully aware, the value of a dollar today is worth more than a dollar tomorrow. This factor must be considered when determining the discount rate for a <strong>structured settlement</strong> transaction.</p>
<p>Today, consumers can expect to pay discount rates of between 8 and 20 percent; the average is around 14 percent.</p>
<p>That’s quite a spread – and one reason that it is smart to do some comparison shopping to solicit competing quotes from several <strong><a title="structured settlement buyers" href="http://www.cbcsettlementfunding.com/structured-settlement-buyer/">structured settlement buyers</a></strong>. As a consumer, you have the right under state and federal statutes to full disclosure of the discount rate that will be applied to your transaction as well as any other fees that may be charged and the purpose of such fees.</p>
<p><strong>Structured Settlement</strong></p>
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		<title>W.R. Grace Settles Bankruptcy Lawsuit</title>
		<link>http://www.maryland-mesothelioma-lawyer.com/w-r-grace-settles-bankruptcy-lawsuit/</link>
		<comments>http://www.maryland-mesothelioma-lawyer.com/w-r-grace-settles-bankruptcy-lawsuit/#comments</comments>
		<pubDate>Mon, 20 Feb 2012 20:25:54 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Maryland Mesothelioma Lawyer]]></category>
		<category><![CDATA[Mesothelioma]]></category>

		<guid isPermaLink="false">http://www.maryland-mesothelioma-lawyer.com/?p=492</guid>
		<description><![CDATA[Recently resolved bankruptcy court litigation involving asbestos-product maker W.R.Grace &#38; Co. will likely benefit the thousands of sick individuals who have brought mesothelioma lawsuits against the company. According to The Daily Inter Lake, W.R. Grace recently ended bankruptcy court litigation that has dragged on since 2001 and agreed to a $19.5 million that will fund [...]]]></description>
			<content:encoded><![CDATA[<p>Recently resolved bankruptcy court <a href="http://www.asbestos.net/asbestos-law">litigation</a> involving <a href="http://www.asbestos.net/">asbestos</a>-product maker W.R.Grace &amp; Co. will likely benefit the thousands of sick individuals who have brought <a href="http://www.asbestos.net/asbestos-law">mesothelioma lawsuits</a> against the company.</p>
<p>According to <a href="http://dailyinterlake.com/news/local_montana/article_17f82b6a-4c85-11e1-8e5d-001871e3ce6c.html" target="_blank">The Daily Inter Lake</a>, W.R. Grace recently ended bankruptcy court litigation that has dragged on since 2001 and agreed to a $19.5 million that will fund the Libby Medical Program and transfer to a local Libby Medical Plan Trust. This will ensure that the Libby Medical Program – which was a voluntary operation started by W.R.Grace that could have been shut down at any time – will remain open.</p>
<p>The bankruptcy settlement also will establish a separate Asbestos Personal Injury Trust as part of the company’s reorganization plan. Up to two asbestos trusts to compensate asbestos and <a href="http://www.asbestos.net/mesothelioma">mesothelioma</a> personal injury claimants and property owners can be established under the reorganization plan.</p>
<p>W.R. Grace announced that the trusts will cover costs for any current and future <a href="http://www.asbestos.net/asbestos-law">asbestos claims</a>. When initially filing for bankruptcy, the company said it had been named in 110,000 asbestos-related <a href="http://www.asbestos.net/asbestos-law">lawsuits</a>.</p>
<p>If you or a loved one has been harmed by loose asbestos fibers, call Sokolove Law today to learn more about possibly pursuing an asbestos or <a href="http://www.asbestos.net/asbestos-law">mesothelioma lawsuit</a>.</p>
<p><strong>Mesothelioma</strong></p>
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		<title>What Is An Annuity?</title>
		<link>http://www.maryland-mesothelioma-lawyer.com/what-is-an-annuity/</link>
		<comments>http://www.maryland-mesothelioma-lawyer.com/what-is-an-annuity/#comments</comments>
		<pubDate>Mon, 20 Feb 2012 20:09:32 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Maryland Mesothelioma Lawyer]]></category>
		<category><![CDATA[Selling Annuities]]></category>

		<guid isPermaLink="false">http://www.maryland-mesothelioma-lawyer.com/?p=490</guid>
		<description><![CDATA[The basic definition of an annuity describes a financial instrument or arrangement that provides regular, periodic payments. In the U.S., an annuity contract is often used to create a guaranteed income stream over a fixed period of time. Annuity payments may be made until a certain date or they may extend until the death of [...]]]></description>
			<content:encoded><![CDATA[<p>The basic definition of an <a title="annuity" href="http://www.cbcsettlementfunding.com/selling-annuities/">annuity</a> describes a financial instrument or arrangement that provides regular, periodic payments. In the U.S., an <a title="annuity" href="http://www.cbcsettlementfunding.com/selling-annuities/">annuity</a> contract is often used to create a guaranteed income stream over a fixed period of time. <strong><a title="annuity payments" href="http://www.cbcsettlementfunding.com/sell-annuity-payments/">Annuity payments</a></strong> may be made until a certain date or they may extend until the death of the person named in the contract.</p>
<p>Annuity contracts are defined by federal law in the tax code but are regulated at the state level. In most cases, <a title="annuities" href="http://www.cbcsettlementfunding.com/selling-annuities/">annuities</a> are issued by insurance companies, either as a life insurance product or as part of a large <a title="settlement" href="http://www.cbcsettlementfunding.com/structured-settlement/">settlement</a> for an injury claim. While there are numerous types of <a title="annuities" href="http://www.cbcsettlementfunding.com/selling-annuities/">annuities</a>, most annuities in the U.S. today fall into one of two broad categories.</p>
<p>An annuity with a <em>period certain</em> is one in which <strong><a title="annuity payments" href="http://www.cbcsettlementfunding.com/sell-annuity-payments/">annuity payments</a></strong> are received by the annuitant for a certain number of years, (i.e., a &#8220;certain period”). Most large insurance settlements, as well as lottery winnings, are funded for a period certain.</p>
<p>A life annuity is an insurance product in which a preset periodic payout amount is paid out until the death of the annuitant. Typically, the annuitant purchases the annuity and pays into it while still working; upon retirement, the annuity then provides a steady stream of periodic payments to the annuitant.<em> </em>These payments are structured to last for the rest of the annuitant’s life. A life annuity may also have a guaranteed period of payments to provide a minimum return to the recipient.</p>
<p>Today, most people receiving <strong><a title="structured settlement" href="http://www.cbcsettlementfunding.com/structured-settlement/">structured settlement</a> annuity payments</strong> enjoy tax-free income due to favorable monetary and tax policy on the part of the federal government.  However, some may be eligible to pursue a strategy of <strong>selling their annuities </strong>to a factoring company in order to get an <strong>annuity cash out </strong>to help with changing financial needs.  A structured settlement firm may be able to assist in such circumstances.</p>
<p><strong>Selling Annuities</strong></p>
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		<title>Bank of America Class Action Lawsuit</title>
		<link>http://www.maryland-mesothelioma-lawyer.com/bank-of-america-class-action-lawsuit-3/</link>
		<comments>http://www.maryland-mesothelioma-lawyer.com/bank-of-america-class-action-lawsuit-3/#comments</comments>
		<pubDate>Mon, 20 Feb 2012 19:54:55 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Maryland Mesothelioma Lawyer]]></category>
		<category><![CDATA[Bank of America]]></category>

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		<description><![CDATA[Bank of America Class Action Lawsuit: Does globalization erode the nation state’s capacity to act? Are nation states forced to converge in their policies even if these should not correspond to the democratically expressed will of their electorates? How does government action change under conditions of globalization? Questions like these have featured highly not only [...]]]></description>
			<content:encoded><![CDATA[<p><strong><a title="Bank Of America Class Action Lawsuit" href="http://www.bankofamericaclassactionlawsuit.com">Bank of America Class Action Lawsuit</a></strong>: Does globalization erode the nation state’s capacity to act? Are nation states forced to converge in their policies even if these should not correspond to the democratically expressed will of their electorates? How does government action change under conditions of globalization? Questions like these have featured highly not only in public political discussions in recent years, but also in academic discourse, prompting a multiplicity of contributions to a debate that is still ongoing. This book aims to make a further contribution to this debate by focusing on a specific policy area and tracing and analysing devel­opments there comparatively across four countries and an extended period of time. Its results make no claim to provide a general answer to the questions above; however, it is hoped that—taken together with those of similar studies in different policy areas, countries, and time spans—they may contribute to the mosaic that will ultimately give us a differentiated picture of the conditions under which politics, governments, and states act at the beginning of the twenty-first century.</p>
<p>From the outside and a monopoly of power within” (ibid.: 478). This def­inition, however, no longer complies with the realities of statehood in the developed liberal democracies of today. Pluralist and corporatist develop­ments have exacerbated the trend towards differentiation within the state, and increasing trans- and supranational linkages have replaced sovereignty with interdependence. As a consequence, the &#8220;post-war settlement” of the &#8220;golden age” is being challenged, as states struggle to find resources in the face of tax competition, set binding rules under conditions of increasing inter- and supranational legal norms, and provide material security for their citizens while losing influence on business decision-making (Leibfried and Zürn 2005; Hurrelmann et al. 2007). While the lowering and even abolition of tariff barriers has enabled states and their citizens to enjoy the fruits of growing welfare through increased economic exchange, the lowering and abolition of the borders of statehood that go with it may also have altered the situation for states and citizens alike, increasing vulnerability to outside influences beyond their control. Unable to protect its citizens, the state’s legitimacy may be threatened in the medium and long run. But decoupling from the economic integration that has been growing over the last couple of decades and that has now literally spread around the globe would be no less costly economically and politically—if it were feasible at all.</p>
<p>Much of the public and academic debate around these issues is linked to the term &#8220;globalization”. It has undergone an amazing career over the last two decades. There hardly seems to exist a facet of public life that cannot be linked to this term: be it domestic conflicts regarding the need for political reforms and the necessity of redesigning social security systems; structural economic change and the shift of economic power to the emerging economies of South and Southeast Asia; debates about the fairness of global trade or its increasing de-materialization; the threat to cultural diversity presented by global media power and tourism—all that is mentioned in one breath with &#8220;globalization”, even if that link is often more one of mashing things together than providing proper explanation.</p>
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<p>Globalization, we can conclude, is no clearly defined concept, and, as the aforementioned examples demonstrate, its use in that long debate has var­ied from concentration on specifically economic phenomena to very general social effects on a global scale. Beyond the very general insight that globaliza­tion denotes a continuing process of accelerated and deepened economic, but also general social, interaction on a global scale between formerly politically independent units (from which mutual influence follows), little agreement exists concerning the characteristics of globalization. Whether it constitutes a process of a historically new quality or not; whether states caused it or whether markets are the dominant actors; whether the economic, the social, or the political sphere is the main area of concern; whether it is a development to be applauded or to be contested—all these questions remained unanswered.</p>
<p>A common thread running through these different classifications, however, is that the main dividing line separating positions is the question whether globalization is perceived as an event that fundamentally alters the conditions states act under or not. It is this question—does globalization diminish the nation state’s capacity to act?—that has been identified as the central focus of the whole debate by a number of authors (Berger 2000: 52; Gourevitch 2002: 313; Zürn 2002: 240) and is thus a consensus that has been emerging in this multifaceted debate in recent years. But whether this capacity to act is indeed under threat (and what consequences this would have for the self-conception of democratic governance) is again contested.</p>
<p>Those who see the state’s capacity to act threatened by globalization empha­size that conditions for economic policy have changed substantially over the course of the last three decades. After the Second World War, controls over movements of currency and goods had allowed the state to siphon off rents from capital owners to finance public and welfare state spending (Scharpf 1996). After the breakdown of the Bretton Woods system of fixed exchange rates and the demise of currency controls, however, states lost command over the setting of domestic interest rates to the international financial markets and had to yield to their &#8220;tyranny” (Eichengreen 1997). In the sphere of fiscal policy, the state’s room for manoeuvre was also strongly curtailed, since glob­alization enforced a shift of taxation from the (highly mobile) factor, capital, to the (less mobile) factor, labour. As a consequence, it was argued, states were faced with the unpalatable choice between either running permanent public deficits or facing a decline in international competitiveness due to excessive labour costs. Deregulation and transnationalization further reduced the capacity for active state policy, and in terms of welfare state measures, globalization would lead to cut-throat competition and a &#8220;race to the bottom”. Consequently, authors arguing for this position spoke of the &#8220;erosion” of the nation state (Hilpert 1994), its &#8220;retreat” (Strange 1996), or even its &#8220;end” (Ohmae 1995).</p>
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<p>The emphasized that the development over the last decades was not as unique as claimed, and that global economic integration was at a similar level at the beginning of the twentieth century (Hirst and Thompson 1996). A number of studies also questioned whether the restriction of state capacity was quite as drastic as sometimes stated: they found that tax competition between states, caused by globalization and international capital mobility, were not quite as pronounced and negative as expected, and that therefore neither were the consequences for welfare systems. Rather, it was argued, these systems demonstrated a remark­able degree of resilience and a capacity for adaptation, and party political preferences for taxation and redistribution could still be implemented (Garrett 1998; Swank 2002). Furthermore it could be shown that the costs of welfare state interventions in the economy through taxation were often balanced by positive externalities such as a high level of social stability and a well-trained workforce—and that these advantages were also recognized and appreciated by the owners of highly mobile capital. As a consequence, authors from this group have tended to see state capacity in a more positive light, spoken of &#8220;new tasks” for the state (Sassen 1998) and declared the thesis of the powerless state a &#8220;myth” (Weiss 1998).</p>
<p>According to this, a country will tend to export goods with whose production factor it is relatively abundantly endowed, while it will tend to import such goods whose production factors are relatively scarce at home. The reason is that a relative abundance in capital will cause the capital-abundant country to produce capital-intensive goods more cheaply than a labour-abundant country. Building on this standard economic theory, Ronald Rogowski some time ago developed a political sci­ence model to explain the emergence of societal cleavages (Rogowski 1989). Starting from rather simple assumptions about the domestic political process and with the help of the Stolper-Samuelson theorem,<sup>9</sup> Rogowski was able to put forward hypotheses about the effects of increasing economic openness in order to explain the different political developments, coalitions, and cleavages in late nineteenth-century Britain, Germany, and the United States. In work done collaboratively with Jeffry Frieden, Rogowski undertook a—plausible— extension of this model to the process of globalization (Frieden and Rogowski 1996). The authors strove to explain the policy preferences of the relevant domestic actors, the policies carried out, and the development of national political institutions, claiming that the power of an interest group to assert its preferences varies with its mobility—or rather that of its factor of produc­tion. An interest group that can more credibly threaten to exit will increase its negotiation power and will thus have its preferences implemented into policy. Globalization will therefore lead to government policy adapting to the interests of capital owners (the most mobile factor of production), and since this adaptation will take place everywhere, policy convergence is the result.</p>
<p>The degree of competition depends on the mobility of all factors of production. But it is not only the extent of taxation that influences yield expectations of capital—labour, social, and environmental regulations also play a part in this competition. Since regulations impose costs, firms will try to minimize such costs. Therefore (and with the same logic as in the case of taxation) equalization will be the result in these areas as well. Which direction this competitive equalization between states will take—a &#8220;race to the bottom” with a downward spiral of regulatory intensity and a convergence on the smallest common denominator, or a &#8220;race to the top” with escalating regulation as a consequence of competition—depends on a variety of factors and is not relevant in the present context.</p>
<p>Quite the contrary development as the consequence of external change is what other theoretical approaches would lead us to expect, which focus on the stability of specific national characteristics. According to these theories (which give special emphasis to differences in policy styles, the resilience of institutional arrangements, and the path dependence of decisions more gener­ally), continued or even increased diversity of policy outputs and institutional structures will be the likely result. One of the first analyses to take such a perspective was probably Andrew Shonfield’s book on &#8220;Modern Capitalism” (Shonfield 1965). Shonfield explained in his extensive empirical analysis the differences in economic policy between the United States, France, Britain, and the Federal Republic of Germany primarily with reference to the different attitudes with which national political and economic actors approached the economy. These atti­tudes, Shonfield stated, were largely based on culturally specific orientations deeply rooted in the national history. While differences between them were often small and diffuse, over time they amounted to a significant order of magnitude.</p>
<p>Our use of the term or terms <strong>Bank of America Class Action Lawsuit</strong>: is for descriptive purposes only. There is no relationship between the owners of this website and the maker of the product discussed in this post. Our use of the words Recall, Class Action Lawsuit and other similar words related to an event do not necessarily mean that this event has occurred. Refer to the website of the United States Food and Drug Administration for information on drug or medical device recalls. If a Class Action Lawsuit is formed in relation to the product discussed in this post we will provide that information at the time the Class Action is formed. A Class Action Lawsuit is not required to exist for you to file a lawsuit if you have been injured by the product discussed in this post.</p>
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		<pubDate>Mon, 20 Feb 2012 19:38:54 +0000</pubDate>
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		<description><![CDATA[Bank of America Class Action Lawsuit News &#8211; 2/1/2012 : Banks have become essential to the economic life of every modern society. A successful banking system has not only become crucial for the functioning of every business, it has also become central to the daily routine of most people. While the possession and use of [...]]]></description>
			<content:encoded><![CDATA[<p><strong><a title="Bank Of America Class Action Lawsuit" href="http://www.bankofamericalawsuit.net">Bank of America Class Action Lawsuit</a></strong> <strong>News</strong> &#8211; 2/1/2012 :  Banks have become essential to the economic life of every modern society. A successful banking system has not only become crucial for the functioning of every business, it has also become central to the daily routine of most people. While the possession and use of a bank account still remained limited to the better off four or five decades ago, it has now become impossible to participate in the economic life of most industrialized societies without a bank account. Today, most people have a bank account with which they receive their salary, pay their bills, and invest their savings. This is particularly the case in modern, democratic, and industrialized nations—but not only there. As a result, the security of bank deposits has become a matter of great political and economic importance, with governments doing their best to ensure their security.</p>
<p>Often much deeper impact than the failure of firms belonging to other sec­tors of the economy. While the bankruptcy of a company normally bene­fits other companies in the same industry by giving them an opportunity to take over its customer base, the collapse of a bank can seriously damage its competitors. The constant flow of capital from financial institution to financial institution has created a high level of interdependence within the finance and banking sectors. A bank unable to live up to its financial commitments can therefore cause serious difficulties and disruption for the rest of its industry. Moreover, the reaction of a wider public often unable to differentiate between &#8220;good” and &#8220;bad” banks to a major bank collapse or banking scandal can lead to a so-called &#8220;bank run”. Such a massive withdrawal of money from accounts by normal consumers is likely to have knock-on effects on &#8220;healthy” banks, since the liquidation of an &#8220;unhealthy” bank’s assets and liabilities (a process which in itself can incur heavy losses) is neither a quick nor an easy process.</p>
<p>Economic theorists have recognized both the special position of the bank­ing industry and the need to treat the problems banks face differently from those of other parts of the economy.Of particular interest to economists have been those aspects of banking policy involving access to information and institutional change. Banks can only play their crucial role as financial inter­mediaries if they enjoy the trust of their depositors. However, depositors have normally found it very difficult and often prohibitively expensive to acquire detailed information about the quality, solvency, and reliability of the assets of any bank. This has led to a relationship between banks and depositors shaped by what has become known as &#8220;asymmetric information”: a situation where the former has considerably more information about the creditworthiness of the latter than the latter has of the former. Such asymmetry is particularly strong when it comes to the position of less well-informed consumers of deposit banking services.</p>
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<p>In economic theory, state regulation of the banking sector has been justi­fied by the need to prevent such external events from damaging banks and minimizing the effects a major banking crisis can have on the wider economy (Benston and Kaufman 1996). The need to maintain a competitive and stable economic market has also been used as an argument in support of state regulation of the banking sector (Goodhart et al. 1998: 4-9; OECD 1992: 31ff.). Yet controversy has continued to rage between economists over issues involving bank regulation. One of the main reasons for this recurring debate is the fact that state regulatory agencies supervising the banking sector have failed to prevent banking scandals or bank collapses in several countries. In particular, bank crises in the United States in the 1980s and 1990s<sup>4</sup> as well as the Asian financial crisis of 1997 have attracted attention to the costs incurred by state regulation.</p>
<p>Critics of current forms of oversight have also pointed to how regulatory structures can distort financial markets, which often try to anticipate state intervention in the banking industry. Sceptical economists have emphasized the fact that the very existence of state regulatory bodies often hampers competition for customers, thus making it more difficult for individual depositors to find more efficient alternatives to their own banks. Some economic theorists have even recommended that national and interna­tional bank regulation systems should either undergo a fundamental process of reform or be entirely dismantled.<sup>6</sup> The current system of deposit insurance has come under especially heavy criticism for contributing to &#8220;moral hazard” behaviour,<sup>7</sup> as it can lower the incentive of banks to monitor the quality of their assets. Deposit insurance can also discourage depositors from gathering informing about the business conduct of their banks which may lead to failing loans and ultimately put the deposit insurance systems under heavy strain.</p>
<p>The manner in which governments have applied these different forms of state intervention varies from country to country. The extent to which these measures are implemented as well as the respective &#8220;policy mix” reflects the different political preferences of governments as they have developed over time. This process has resulted in a wide variety of nationally specific bank regulation systems. While macroeconomic factors have dominated the think­ing of some governments (particularly as part of a wider Keynesian attempt to exert influence over the transmission mechanisms of monetary policy), in most countries the historical legacy of major banking crises as well as social concerns over the deposits of small investors have shaped banking policy.</p>
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<p>The reorganization of the international financial order after the Second World War had a major impact on these many different forms of bank reg­ulation. Though this was accompanied by much rhetoric about the need for free trade, in reality, most governments did their best to shield their domestic financial markets from external competition. Controls over the movement of capital were used as a tool with which to steer domestic rates of inter­est. Such an approach was designed to provide the state with the means to both shape the development of its national economy and protect recently established welfare provisions from the risk of capital flight exacerbated by accompanying increases in rates of taxation (Helleiner 1994: 33ff.). While this &#8220;post-war settlement” had remained more or less stable during the 1950s.</p>
<p>In the 1980s and 1990s, repeated attempts to modernize the bank regulation system ended in failure despite being declared a key strategic aim by successive American governments. Yet this was not the result of any limitations upon the state’s capacity for action. Rather, the fragmented nature of state authority in the United States paralysed the ability of competing regulatory agencies to monitor and control the banking sector. Their failure was the product of domestic political factors instead of any shifts in the market created by greater international integration. Trying to prevent anything that might damage their own economic or political interests in an extremely complex political envir­onment, an assortment of players hindered further progress by focusing on conflict rather than consensus. This, in short, is the main hypothesis of this case study.</p>
<p>Contrary to popular conceptions of economic life in the United States, American banks operate in a highly regulated business environment. The reasons for this are not just to be found in the depression of the 1930s, which had a traumatic effect on other banking systems as well; they stretch back as far as the late eighteenth century. Stretching back to the founding years of the United States, we find debates about the extent of state intervention in financial institutions and markets. This historical legacy has been a major ideological burden on the political process right up until the end of the twentieth century.</p>
<p>Despite the at times impenetrably complex nature of the bank regula­tion system, which, under the banners of liberalization, deregulation, and globalization, has undergone a massive process of change in the last few decades, several academics have produced extensive studies of its structures and development. With the work of bank regulators being of equal interest to legal experts, economists, and political scientists, the considerable amount of research work dealing with the state regulation of the banking sector is an indicator of the wider significance of the American case.</p>
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		<title>Bank of America Lawsuit</title>
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		<description><![CDATA[Bank of America Lawsuit News- 2/1/2012: On the one hand, regulatory policy produces few costs—compared to dis­tributive policy and state-spending programmes—as the production of laws and rules is generally not very expensive. Similarly, monitoring compliance with these rules also requires little financial commitment, especially since these costs can often be imposed onto the regulated sector [...]]]></description>
			<content:encoded><![CDATA[<p><strong><a title="Bank Of America Lawsuit" href="http://www.bankofamericalawsuit.net">Bank of America Lawsuit</a> News</strong>- 2/1/2012: On the one hand, regulatory policy produces few costs—compared to dis­tributive policy and state-spending programmes—as the production of laws and rules is generally not very expensive. Similarly, monitoring compliance with these rules also requires little financial commitment, especially since these costs can often be imposed onto the regulated sector of the economy. As a result, regulatory policy will be largely unaffected by budgetary problems of a state, and if the latter vary across a group of states that are under investigation, the analysis will consequently not be distorted by this variation.</p>
<p>Distributive policies are also more easily affected by inertia and path depen­dence, resulting in changes of course only having an effect in the medium term (Beisheim and Walter 1997). Regulatory policy is comparatively more &#8220;flex­ible”, which should result in quicker reaction to changes in the environment. Pressure for policy convergence should therefore more quickly result in policy changes here than in other policy areas. The concrete policy area of choice for this study is the field of banking regulation. In her path-breaking book about the comparative evolution of vocational training in four countries, Kathleen Thelen (2004: xi) apologizes that some of her readers might not find this &#8220;the most scintillating of topics”, but hopes to convince them that the subject holds many valuable insights for political economy and comparative politics generally. The same, I would hope, applies to the field of banking regulation. While it may not seem to promise the most riveting of reads, it is, as I argue in the following section, very well suited to the analysis of the question at hand.</p>
<p>In great detail the intricate manoeuvres that take place when trying to substantially alter the regulatory balance in a policy area that is of great (not least material) importance to big financial interests and consumers alike. As readers of this book will come to appreciate after reading Chapter 3, it is probably no coincidence that it was the case of the United States that inspired the analyses of both books. Comparative analyses of the field include the studies by Pauly (1988) on &#8220;Banking Politics on the Pacific Rim” (tracing the domestic politics of opening banking markets across four countries) and the book by Coleman (1996) that analyses the impact of domestic politics on financial market regulation in North America and the European Union. Both studies are thus close to the concerns of this book in that they link domestic banking policy to developments in international banking markets, but predate it in fieldwork and analysis by ten to fifteen years.</p>
<p>During that time, financial markets have made further progress towards integration and globalization. Today one can argue that hardly anywhere else is reality so close to the idea of a 24/7-integrated global market. Banks play a central role in this market, and it is the nature of the goods they trade that exposes them, in particular, to globalization, for they trade intangible assets like risk, time, and promises to pay (Baecker 1991) which have been very strongly affected by technological developments in computerization and telecommunications in the last decades. The emergence of new, &#8220;derivative” financial instruments<sup>21</sup> that have been facilitated by these technological devel­opments has influenced discussions about changed risk structures on financial markets, especially since the trading volume of derivatives exploded in the span of only a few years.The question of how these new risks could best be hedged in and handled put the issue of regulation very much on the agenda.</p>
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<p>The regulation of the banking sector is therefore an important political topic in practically all countries, while that is much less the case in other financial sectors where important markets exist in only a few countries. But above all, banking systems have historically developed very differently in different countries (Pohl 1994). It has been argued that different trajectories of industrialization are the main determining factor for this (Gerschenkron 1966), and that industrial policy found greatly differing opportunities for intervention as a consequence (Zysman 1983). The same diagnosis is true for the sphere of state banking regulation: here as well, follow­ing from nationally specific experiences, very different solutions to the super­vision of the banking sector were developed, not least in institutional terms (Pecchioli 1987). Banking regulation as a policy area is thus characterized by a combination of high pressure for globalization and greatly differing national starting positions in both banking systems and state regulatory mechanisms. It is thus an excellent test case for theories of convergence through globalization.</p>
<p>For research into causal mechanisms in political science, different approaches exist. One focuses primarily on maximizing the number of obser­vations, most often by collecting data on as many countries as possible— a strategy suggested by Lijphart to escape the &#8220;many variables, small N” dilemma (Lijphart 1971: 686). Such a strategy will investigate correlations between macro-level statistical data and thus have to forgo causal investiga­tions for individual cases. Since the interest in this book is above all one in the precise country-level processes, this is not a strategy suitable for the research question followed here. In addition, the dominance of said research approach has been mentioned critically in the past as a cause for the shortcomings in globalization-related research (cf. Beisheim and Walter 1997: 176; Bernauer 2000: 66).</p>
<p>In addition to these political system-level variations, the countries cov­ered also differ with respect to economic system-level variables. In this area, the past decade and a half has seen a number of contributions aimed at classifying different market economy systems (e.g. Porter 1990, Albert 1993, Soskice 1999, Hall and Soskice 2001^, Amable 20 03). The differences that this research has identified in the area of financial systems is of particular interest to the present study. While &#8220;liberal market economies” (LMEs) have been characterized as &#8220;capital market dominated”, &#8220;coordinated market economies” (CMEs) are &#8220;credit oriented”. The former are less risk-averse, but more short-term in outlook, resulting in looser relations between capital owners and firms (and a lower propensity to invest in intangible assets such as quality, R&amp;D, and worker retraining); the latter take a more long-term view (with ensuing more stable relations between firms and capital owners), resulting in higher investments in intangible assests, but limiting firms’ flex­ibility and access to capital (especially for small and medium enterprises). These brief remarks should suffice to point out the interrelations between the various dimensions of economic systems</p>
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<p>The period of investigation of the present study is the time from 1974 to 1999. It covers thus twenty-five years—a time sufficiently long to analyse banking regulation policy in detail in the countries covered. But the period is, above all, chosen for the events that happened in it: its starting point is a fundamental change in the global exchange rate system, namely the switch from fixed exchange rates (under the Bretton Woods system) to float­ing exchange rates. This altered parameters on world financial markets sub­stantially, increasing both opportunities and risks, and thus constituted a major challenge to state regulation. One consequence was the setting up of the Basle Committee which attempted to coordinate regulation on the inter­national level. After many years of negotiations, 1988 eventually saw the agreement on the Basle Accord which contained regulations on banks’ own capital requirements. In 1999, consultations started to bring about a &#8220;Basle II” agreement which would reshape and re-focus regulations, mainly through introducing risk-weighted measures, constituting a &#8220;regime change” (Good- hart, Hofmann, and Segoviano 2004: 613).</p>
<p>Negotiations lasted until 2004 (with the Committee releasing a revised version of the new accord in Novem­ber 2006), and implementation is still in the future in many countries. In addition, 1999 saw the start of the third stage of European currency union with the introduction of the common currency, the Euro, which (besides many other things) has prompted cross-border bank mergers in the Eurozone. Whether the higher level of banking market integration introduced by these mergers, and the existence of a common currency will eventually lead to more common and unified banking regulation and supervision (either in the form of a common regulator or in the form of a harmonization of national supervisory regimes) remains to be seen. Both the start of the Basle II process and the introduction of the Euro, however, point to the fact that 1999 marks a substantial change. The period after that is best left to some future study analysing the processes once they will have run their course. The period of investigation covered in the present study therefore ends in 1999.</p>
<p>After the context and scope of the book have been set out in this introductory chapter, Chapter 2 provides a brief introduction into the peculiarities of the banking sector and the principal tools states have at their disposal for regu­lating it. It also addresses the challenges states faced in the period after 1973 when liberalization of capital and currency markets, computerization, and a telecommunications revolution fundamentally altered world capital flows, thus creating new banking opportunities and risks.</p>
<p>Our use of the term or terms <strong>Bank of America Lawsuit</strong> is for descriptive purposes only. There is no relationship between the owners of this website and the maker of the product discussed in this post. Our use of the words Recall, Class Action Lawsuit and other similar words related to an event do not necessarily mean that this event has occurred. Refer to the website of the United States Food and Drug Administration for information on drug or medical device recalls. If a Class Action Lawsuit is formed in relation to the product discussed in this post we will provide that information at the time the Class Action is formed. A Class Action Lawsuit is not required to exist for you to file a lawsuit if you have been injured by the product discussed in this post.</p>
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