The Situationist

Posts Tagged ‘Capture’

Capture (Animated)

Posted by The Situationist Staff on March 5, 2011

From :

The Story of Citizens United v. FEC, an exploration of the inordinate power that corporations exercise in our democracy.

For a sample of related Situationist posts, see

Posted in Deep Capture, Politics, Video | Tagged: , , | 1 Comment »

News about the Captured Situation of Food Policy

Posted by The Situationist Staff on November 16, 2010

From the New York Times:

Domino’s Pizza was hurting early last year. Domestic sales had fallen, and a survey of big pizza chain customers left the company tied for the worst tasting pies.

Then help arrived from an organization called Dairy Management. It teamed up with Domino’s to develop a new line of pizzas with 40 percent more cheese, and proceeded to devise and pay for a $12 million marketing campaign.

Consumers devoured the cheesier pizza, and sales soared by double digits. “This partnership is clearly working,” Brandon Solano, the Domino’s vice president for brand innovation, said in a statement to The New York Times.

But as healthy as this pizza has been for Domino’s, one slice contains as much as two-thirds of a day’s maximum recommended amount of saturated fat, which has been linked to heart disease and is high in calories.

And Dairy Management, which has made cheese its cause, is not a private business consultant. It is a marketing creation of the United States Department of Agriculture — the same agency at the center of a federal anti-obesity drive that discourages over-consumption of some of the very foods Dairy Management is vigorously promoting.

Urged on by government warnings about saturated fat, Americans have been moving toward low-fat milk for decades, leaving a surplus of whole milk and milk fat. Yet the government, through Dairy Management, is engaged in an effort to find ways to get dairy back into Americans’ diets, primarily through cheese.

Americans now eat an average of 33 pounds of cheese a year, nearly triple the 1970 rate. Cheese has become the largest source of saturated fat; an ounce of many cheeses contains as much saturated fat as a glass of whole milk.

When Michelle Obama implored restaurateurs in September to help fight obesity, she cited the proliferation of cheeseburgers and macaroni and cheese. “I want to challenge every restaurant to offer healthy menu options,” she told the National Restaurant Association’s annual meeting.

But in a series of confidential agreements approved by agriculture secretaries in both the Bush and Obama administrations, Dairy Management has worked with restaurants to expand their menus with cheese-laden products.

Read the entire article here.

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From the Guardian:

The Department of Health is putting the fast food companies McDonald’s and KFC and processed food and drink manufacturers such as PepsiCo, Kellogg’s, Unilever, Mars and Diageo at the heart of writing government policy on obesity, alcohol and diet-related disease, the Guardian has learned.

In an overhaul of public health, said by campaign groups to be the equivalent of handing smoking policy over to the tobacco industry, health secretary Andrew Lansley has set up five “responsibility deal” networks with business, co-chaired by ministers, to come up with policies. Some of these are expected to be used in the public health white paper due in the next month.

The groups are dominated by food and alcohol industry members, who have been invited to suggest measures to tackle public health crises. Working alongside them are public interest health and consumer groups including Which?, Cancer Research UK and the Faculty of Public Health. The alcohol responsibility deal network is chaired by the head of the lobby group the Wine and Spirit Trade Association. The food network to tackle diet and health problems includes processed food manufacturers, fast food companies, and Compass, the catering company famously pilloried by Jamie Oliver for its school menus of turkey twizzlers. The food deal’s sub-group on calories is chaired by PepsiCo, owner of Walkers crisps.

The leading supermarkets are an equally strong presence, while the responsibility deal’s physical activity group is chaired by the Fitness Industry Association, which is the lobby group for private gyms and personal trainers.

In early meetings, these commercial partners have been invited to draft priorities and identify barriers, such as EU legislation, that they would like removed. They have been assured by Lansley that he wants to explore voluntary not regulatory approaches, and to support them in removing obstacles. Using the pricing of food or alcohol to change consumption has been ruled out. One group was told that the health department did not want to lead, but rather hear from its members what should be done.

Read the entire article here.

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For a sample of related Situationist posts, see The Policy Situation of Obesity,” Innovative Policy: Zoning for Health,” or review the collection of posts here.

Posted in Deep Capture, Food and Drug Law, Politics, Public Policy | Tagged: , , , , | 4 Comments »

The Situation of the 2008 Economic Crisis

Posted by The Situationist Staff on November 14, 2010

Charles Furgeson has produced a powerful documentary, “Inside Job,” about the deep capture of financial (de)regulation.  Here’s the trailer.

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For a sample of related Situationist posts, see The Deeply Captured Situation of the Economic Crisis,” Our Stake in Corporate Behavior,” Larry Lessig’s Situationism,” The Situation of Policy Research and Policy Outcomes,” Industry-Funded Research,” “De-Capturing the FDA,” “The Situation of Talk Radio,” Deep Capture – Part X,” and “The company ‘had no control or influence over the research’.”

Posted in Deep Capture, Distribution, Entertainment, Ideology, Law, Politics, Video | Tagged: , , , , | 1 Comment »

The Greasy Situation of University Research

Posted by The Situationist Staff on October 16, 2010

A new report, “Big Oil Goes to College,” by the Center for American Progress examines how research universities that accept millions of dollars from oil companies have failed to shield themselves from corporate influence.  Here is an excerpt from the report’s introduction.

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The world’s largest oil companies are showing surprising interest in financing alternative energy research at U.S. universities. Over the past decade, five of the world’s top 10 oil companies—ExxonMobil Corp., Chevron Corp., BP PLC, Royal Dutch Shell Group, and ConocoPhillips Co.—and other large traditional energy companies with a direct commercial stake in future energy markets have forged dozens of multi-year, multi-million-dollar alliances with top U.S. universities and scientists to carry out energy-related research. Much of this funding by “Big Oil” is being used for research into new sources of alternative energy and renewable energy, mostly biofuels.

Why are highly profitable oil and other large corporations increasingly turning to U.S. universities to perform their commercial research and development instead of conducting this work in-house? Why, in turn, are U.S. universities opening their doors to Big Oil? And when they do, how well are U.S. universities balancing the needs of their commercial sponsors with their own academic missions and public-interest obligations, given their heavy reliance on government research funding and other forms of taxpayer support?

The answers to these three questions are critical to energy-related research and development in our country, given the current global-warming crisis and the role that academic experts have traditionally played in providing the public with impartial research, analysis, and advice. To unpack these questions and help find answers, this report provides a detailed examination of 10 university-industry agreements that together total $833 million in confirmed corporate funding (over 10 years) for energy research funding on campus. Copies of these contractual agreements were obtained largely through state-level public record act requests (see the table on pages 13 and 14 for a list of these 10 agreements, and see page 15 for the methodology used for obtaining and analyzing them). Each agreement spells out the precise legal terms, conditions, and intellectualproperty provisions that govern how this sponsored research is carried out by the faculty and students on campus. (See methodology on page 15 for a discussion of how practices that are not required in these conflicts fit into the analysis.)

Independent, outside legal experts then performed a detailed analysis of each agreement. These experts’ detailed contract reviews may be found in Appendices 1 through 10 beginning on page 75 of this report, and include responses from a number of the universities that entered into these agreements. It should be noted that our external reviewers’ rankings for several of the “Contract Review Questions” are subjective because interpretations of law and other intellectual property terms cannot be strictly quantified. Also, the provisions in these contracts have not to our knowledge been tested in a court of law, so their “legal” meaning has not been definitively established.

The results of this report’s analysis of these 10 large-scale university-industry contracts raise troubling questions about the ability of U.S. universities to adequately safeguard their core academic and public-interest functions when negotiating research contracts with large corporate funders. This report identifies eight major areas where these contracts leave the door open to serious limitations on academic freedom and research independence. Here are just a few brief highlights:

  • In nine of the 10 energy-research agreements we analyzed, the university partners failed to retain majority academic control over the central governing body charged with directing the university-industry alliance. Four of the 10 alliances actually give the industry sponsors full governance control.
  • Eight of the 10 agreements permit the corporate sponsor or sponsors to fully control both the evaluation and selection of faculty research proposals in each new grant cycle.
  • None of the 10 agreements requires faculty research proposals to be evaluated and awarded funding based on independent expert peer review, the traditional method for awarding academic and scientific research grants fairly and impartially based on scientific merit.
  • Eight of the 10 alliance agreements fail to specify transparently, in advance, how faculty may apply for alliance funding, and what the specific evaluation and selection criteria will be.
  • Nine of the 10 agreements call for no specific management of financial conflicts of interest related to the alliance and its research functions. None of these agreements, for example, specifies that committee members charged with evaluating and selecting faculty research proposals must be impartial, and may not award corporate funding to themselves. (See summary of main findings for details, pages 52-59, and the Appendices beginning on page 75.)

To our knowledge, this report represents the first time independent analysts have systematically examined a set of written university-industry agreements within a specific research area—in this case, the energy R&D sector—to evaluate how well they balance the goals of the corporate sponsors to produce commercial research that advances business profits with the missions of American universities to perform high-quality, disinterested academic research that advances public knowledge for the betterment of society.

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You can read or download the entire report here. For a sample of related Situationist posts, see “The Deeply Captured Situation of Spilling Oil,” The Deeply Captured Situation of the Economic Crisis,” Our Stake in Corporate Behavior,” “Tushnet on Teles and The Situation of Ideas – Abstract,” “Larry Lessig’s Situationism,” “The Situation of Policy Research and Policy Outcomes,” Reclaiming Corporate Law in a New Gilded Age – Abstract,” The Illusion of Wall Street Reform,” Industry-Funded Research,” “The Situation of Medical Research,” “The Situation of Talk Radio,” “The company ‘had no control or influence over the research’ . . . .,” “The Situation of University Research,” “Captured Science.”

Posted in Deep Capture, Education | Tagged: , , , | 1 Comment »

The Captured Situation of Justice

Posted by The Situationist Staff on September 26, 2010

Michael S. Kang and Joanna Shepherd recently posted the important paper “The Partisan Price of Justice: An Empirical Analysis of Campaign Contributions and Judicial Decisions” on  SSRN.  Here’s the abstract.

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Do campaign contributions affect judicial decisions by elected judges in favor of their contributors’ interests? Although the Supreme Court’s recent decision in Caperton v. A.T. Massey Coal Co. relies on this intuition for its logic, it has been until now largely a proposition that has gone empirically untested. No longer. Using a dataset of every state supreme court case in all fifty states over a four-year period, we find that elected judges are more likely to decide in favor of business interests as the amount of campaign contributions that they have received from those interests increases. In other words, every dollar of direct contributions from business groups is associated with an increase in the probability that the judges will vote for business litigants. However, we find surprisingly a statistically significant relationship between campaign contributions and judicial decisions in favor of contributors’ interests only for judges elected in partisan elections, not nonpartisan ones. Our findings suggest an important role of political parties in connecting campaign contributions to judicial decisions under partisan elections. In the flurry of reform activity responding to Caperton, our findings support judicial reforms that propose the replacement of partisan elections with nonpartisan methods of judicial selection and retention.

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You can download the paper for free here.  For a sample of related Situationist posts, see “Situationist Corruption,” “The Situation of Judges,”The Situation of Earmarks,” “The Situation of Judging – Part I,” and “The Situation of Judging – Part II.”

Posted in Abstracts, Deep Capture, Distribution, Law, Politics | Tagged: , , | 1 Comment »

The Deeply Captured Situation of Spilling Oil

Posted by The Situationist Staff on July 19, 2010

From TED.com:  The Gulf oil spill dwarfs comprehension, but we know this much: it’s bad. Carl Safina scrapes out the facts in this blood-boiling cross-examination, arguing that the consequences will stretch far beyond the Gulf — and many so-called solutions are making the situation worse.

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The Deeply Captured Situation of the Economic Crisis,” Our Stake in Corporate Behavior,” “Tushnet on Teles and The Situation of Ideas – Abstract,” “Larry Lessig’s Situationism,” “The Situation of Policy Research and Policy Outcomes,” Reclaiming Corporate Law in a New Gilded Age – Abstract,” The Illusion of Wall Street Reform,” Industry-Funded Research,” “The Situation of Medical Research,” “The Situation of Talk Radio,” “The company ‘had no control or influence over the research’ . . . .,” “The Situation of University Research,” “Captured Science.”

Posted in Deep Capture, Politics, Uncategorized | Tagged: , , , | Leave a Comment »

Dr. David Kessler Waxes Situationist

Posted by The Situationist Staff on July 11, 2009

End of Overeating CoverTara Parker-Pope recently had a terrific article, titled “How the Food Makers Captured Our Brains,” in The New York Times.  Thanks to the many readers who forwarded us the link to this article, recognizing it’s situationist message.  Here are some excerpts.

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As head of the Food and Drug Administration, Dr. David A. Kessler served two presidents and battled Congress and Big Tobacco. But the Harvard-educated pediatrician discovered he was helpless against the forces of a chocolate chip cookie.

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“Why does that chocolate chip cookie have such power over me?” Dr. Kessler asked in an interview. “Is it the cookie, the representation of the cookie in my brain? I spent seven years trying to figure out the answer.”

The result of Dr. Kessler’s quest is a fascinating new book, “The End of Overeating: Taking Control of the Insatiable American Appetite” (Rodale).

During his time at the Food and Drug Administration, Dr. Kessler . . . [was] perhaps best known for his efforts to investigate and regulate the tobacco industry, and his accusation that cigarette makers intentionally manipulated nicotine content to make their products more addictive.

In “The End of Overeating,” Dr. Kessler finds some similarities in the food industry, which has combined and created foods in a way that taps into our brain circuitry and stimulates our desire for more.

When it comes to stimulating our brains, Dr. Kessler noted, individual ingredients aren’t particularly potent. But by combining fats, sugar and salt in innumerable ways, food makers have essentially tapped into the brain’s reward system, creating a feedback loop that stimulates our desire to eat and leaves us wanting more and more even when we’re full.

Dr. Kessler isn’t convinced that food makers fully understand the neuroscience of the forces they have unleashed, but food companies certainly understand human behavior, taste preferences and desire. In fact, he offers descriptions of how restaurants and food makers manipulate ingredients to reach the aptly named “bliss point.” Foods that contain too little or too much sugar, fat or salt are either bland or overwhelming. But food scientists work hard to reach the precise point at which we derive the greatest pleasure from fat, sugar and salt.

The result is that chain restaurants like Chili’s cook up “hyper-palatable food that requires little chewing and goes down easily,” he notes. And Dr. Kessler reports that the Snickers bar, for instance, is “extraordinarily well engineered.” As we chew it, the sugar dissolves, the fat melts and the caramel traps the peanuts so the entire combination of flavors is blissfully experienced in the mouth at the same time.

Foods rich in sugar and fat are relatively recent arrivals on the food landscape, Dr. Kessler noted. But today, foods are more than just a combination of ingredients. They are highly complex creations, loaded up with layer upon layer of stimulating tastes that result in a multisensory experience for the brain. Food companies “design food for irresistibility,” Dr. Kessler noted. “It’s been part of their business plans.”

But this book is less an exposé about the food industry and more an exploration of us. “My real goal is, How do you explain to people what’s going on with them?” Dr. Kessler said. “Nobody has ever explained to people how their brains have been captured.”

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One of his main messages is that overeating is not due to an absence of willpower, but a biological challenge made more difficult by the overstimulating food environment that surrounds us. “Conditioned hypereating” is a chronic problem that is made worse by dieting and needs to be managed rather than cured, he said. And while lapses are inevitable, Dr. Kessler outlines several strategies that address the behavioral, cognitive and nutritional factors that fuel overeating.

Planned and structured eating and understanding your personal food triggers are essential. In addition, educating yourself about food can help alter your perceptions about what types of food are desirable. Just as many of us now find cigarettes repulsive, Dr. Kessler argues that we can also undergo similar “perceptual shifts” about large portion sizes and processed foods. For instance, he notes that when people who once loved to eat steak become vegetarians, they typically begin to view animal protein as disgusting.

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You can watch David Kessler’s Google presentation in the video below.

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For a sample of related Situationist posts, see “The Situation of Food: The Movie,”Our Situation Is What We Eat,” Big Calories Come in Small Packages,” “Common Cause: Combating the Epidemics of Obesity and Evil,” “The Situation of Fatness = Our ‘Obesogenic’ Society,” Innovative Policy: Zoning for Health,” Situational Obesity, or, Friends Don’t Let Friends Eat and Veg,” “McDonalds tastes better than McDonalds, if it’s packaged right,”The Situation of our Food – Part I,” “The Situation of Our Food – Part II,” The Situation of Our Food – Part III,” and “The Situation of our Food – Part IV.”

Posted in Book, Choice Myth, Deep Capture, Education, Food and Drug Law, Marketing, Politics, Video | Tagged: , , , , | 1 Comment »

 
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