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Kessler on the futile strategies of hedge funds.

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Jupiter and Saturn appearing this close for the first time since the Middle Ages during Christmas. Can be seen at night with a pair of binoculars.

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A significant part of the haze and air pollution in New Delhi, India, comes from crop burning in the neighboring Punjab and Haryana region. Here the Hindu newspaper looks at the practice that has not changed even after a 2015 government and NGT order banning the practice. This report cites data from the state of Punjab showing 65% of the 1.85 million farming families in the Punjab are small and marginal farmers. The problem is that the rice paddy harvest leaves 19.7 million tons of paddy straw in the fields and the farmers see burning this as a quick way to avoid incurring the cost of machinery and labor. The Punjab government is required to provide machinery to farmers for preventing the burning. Farmers say it has not provided this. Punjab government seeks funding from the central government in Delhi for meeting the cost. Till then marginal farmers continue their old ways creating a thick haze over New Delhi. Solutions proposed are having more biomass plants to generate energy and use the paddy straw, a Happy Seeder variety that takes works with the straw, and shifting to Basmati rice instead of the common rice crop. The way Indian democracy works political parties have remained wary of collectively working out solutions, letting the problem continue.  ...

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Einer Elhauge, professsor of law and founding director of the Petrie-Flom Center in Health Law Policy at Harvard University, says there are limits to Congressional powers under the Commerce clause such as enacting a law requiring Americans to eat broccoli. If the health care law required all Americans to subject themselves to health care this would be the case. But the law only requires all to buy insurance so that insurance can cover the costs of healthcare for all. He points to the "necessary and proper clause" as also authorizing the health care mandate. That clause gives Congress the power to pass laws that are "rationally related" to execution of constitutional powers, such as criminalizing the interference with mail, on the basis of the constitutional power to setup post offices. In this case the health care law mandate is related to the constitutional power to regulate premiums and prohibit rejecting the sick, says Elhauge.

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Jet Blue came to Boston in 2004. At the time it had one gate and 30 employees at Boston's Logan International Airport. The airline now has 2300 workers and 17 gates in Jan 2012. It now has 104 nonstop daily flights to 44 locations in the U.S. and Caribbean, with plans to reach 150 flights by 2015. As American and Delta pulled back to focus on their main hubs, Jet Blue expanded quickly. It started as an airline for vacation travellers, but soon attracted business passengers for the cheaper cost of flights, especially for cost conscious travellers after the recession hit in 2008. Jet Blue also offered better service and more leg room for business passengers. Jet Blue's CEO, Dave Barger, says 30% of traffic into and out of Logan now is for business travel.

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Krugman points out that without aid to state and local governments, cash strapped cities and states will be cutting back on services and employment, undoing much of the work of the stimulus. These cutbacks by local governments is showing up in the unemployment figures from the Commerce Department. And social cohesion is being strained as the outlook for those without jobs for more than 6 months looks worse with the economy slowing down.

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A landmark ruling and a huge win for consumers and for the country, as the Supreme Court says states can enforce fair-lending laws and other consumer protection measures against the largest banks in the USA. The Suprem COurt said that the rules issued by the federal banking regulators like the Comptroller of the Currency under the NationalBank Act - a law passed in 1864- could not block sfforts by the states to enforce their laws. For the country its a win because the lack of enforcement of state laws only allowed abuses in the subprime area to continue and helped create the subprime mortgage crisis. The case began with letters by the New York Attorney General Eliot Spitzer in 2005 to several national banks including CItigroup, JP Morgan Chase and Wells Fargo inquiring about lending practices to minorites. The letters referred to "troubling" disparities that suggested black and Hispanic borrowers were being charged disproportionately higher interest rates on mortgages compared to whites. THe letters asked for information "in lieu of subpoena." Protection of minorities and the weak in American society is part of the moral fabric of America and that it had eroded in recent years is evident in the manner the banking sector responded. A banking trade group and the Office of the Comptroller of the Currency brought a lawsuit to block the New York Attorney General's request saying that the National Bank Act nd rules issued by the Bush administration in 2004 gave that type of authority to comptroller and prohibited such efforts by the states. And then afederal district court ruled against the states, aand the U.S. Court of Appeals for the Second Circuit Court affirmed that decision. These are instances where the system failed to protect the weak even with the laws that states had on their books. Justice Scalia voted in favor with a 5-4 vote to allow states to enforce consumer protection laws, even though his written opinion was based on an interpretation of what "visitorial powers" of a federal regulator were, and not about the importance of fair lending in the proper functioning of the American economy. Justices Roberts, Alito, Kennedy and Thomas voted against....

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South Korea which is dependent on exports for nearly half of economic output took a massive hit with January's economic news that exports fell by 32.8% in January 2009 compared to a year ago. The information appeared on the website of the Korea Customs service, and the Ministry of Knowledge Economy released this information also. The government reported that industrial production fell by 18.6% in December 2008. A large proportion of South Korea's exports are semifinished goods like televisions, cellphones, cars and other products that are finished with final assembly in China's factories, and then exported to other countries. So these numbers in South Korean exports will show up in figures from Chinese exports in the coming months and may be just as steep. This begs the question, what will happen with the export model in countries like South Korea and China and countries like Germany that are heavily dependent on exports to China. If as reported in today's WSJ Americans are now becoming thrifty, spending less and saving more, with this showing up in the statistics- and in habits like shoe repair with a story on the growing shoe repair business in today's WSJ- where will this take export dependent economies?...

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Jazan is one of the cities that is supposed to come right out of a 40 square mile area on the Red Sea coastline right out of desert scrubland. It is planned to hold a $30 billion industrial zone that will be a place where hundreds of thousands of people live. It will hold a $4.5 billion aluminium smelter run by China's Chalco., and aslo hold a steel plant and an oil refinery. Currently the area is near a mountainous area which has 1.2 million people with about 20% unemployment.

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Paying one cent more for every pound of tomatoes picked by farm workers from central America has been resisted by Burger King and other fast food chains and by the Florida Tomato Growers Exchange. Taco Bell and McDoalds have signed up for this increase. The extra cent per pound is the first pay increase workers have received in 30 years. A picker would have to fill 15 of 32 pound buckets an hour to earn Florida's minimum wage of $6.79 even with the one cent increase per pound.

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Note the description of SIV's or structured investment vehicles, and SIV lites which have borrowings of 40-70 times collateral and less restrictions so very highly leveraged. About 23% of SIV assets are in residential morgage securities and half in American ones. These have very little bank credit line support in a liquidity crunch. Deutsche Bank RBS and HSBC were very active in this as well as the Landesbanken which had state guarantees. Compounding the entire problem is that no one trusts the ratings of the ratings agencies anymore. See related article on this.

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In 2007 the number of businesses initiating liquidation increased by 50% totaling 18, 751 according to the Administrative office of US courts. And 5700 businesses sought Chapter 11 protection to reorganiza an increase of 24% over 2006. Look for more of this happening in 2008. In current credit and economic conditions its hard for some companies to pay off their lenders and the lenders do not want to go through a restructuring process, lenders preferring to get their hands on collateral and doing the liquidation. Its a sign of the times.

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Lower reserve capital ratios of China's mid-size banks, Citic, Mingsheng, China Merchants bank falling below the Basel III requirements of Tier 1 capital ratios- mostly common equity- of at least 8.5% of assets by 2018, 9.5% for systemically important banks. In comparison the higher capital ratios exceeding Basel III requirements of Industrial and Commercial Bank of China, Bank of China and Construction Bank of China, the large state owned banks. The situation is worse when one considers that these midsized banks have tried to grow aggressively taking on credit risks beyond their capacity. China Merchants Bank has off-balance sheet wealth management products, high interest deposits invested in riskier assets of $83.7 billion at the end of Sept 2013, equivalent to 200% of shareholders equity.