Anne O’Connell Explains Intent of “Midnight Regulations”

NPR, News & Notes, Nov. 20, 2008 by Farai Chideya
http://www.npr.org/templates/story/story.php?storyId=97260899

“I think every outgoing president—Republican or Democrat—wants to extend his administration’s reach, so in the final months we see an attempt at locking in controversial policy decisions. Even if some of these decisions can be undone, the effort that the new administration has to put into undoing them prevents the new administration from starting their own regulatory agendas.”

Jesse Fried Notes Upside of Chapter 11 Bankruptcy for Carmakers

San Francisco Chronicle, Nov. 20, 2008 by Kathleen Pender
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/20/BUVG147QK6.DTL&type=printable

“It’s a way to give companies a fresh start,” says Jesse Fried…. “Airlines have gone into bankruptcy to get out of all sorts of pension obligations, to eliminate debt or replace it with equity, to renegotiate aircraft leases. This process, even though it is very painful for many parties involved, allows more value to be preserved for all parties collectively than would be the case if the company failed outside of bankruptcy and was ripped apart by its creditors.”

Jacob Hacker Suggests Revisions to 401(k) Plans

NewsHour with Jim Lehrer, Nov. 20, 2008 by Jeffrey Brown
http://www.pbs.org/newshour/bb/business/july-dec08/retirement_11-20.html

“I think that would involve making sure that those plans were available more broadly … that these plans also provide some of the risk protections that were once provided by traditional defined-benefit plans, such as providing people with a promise of a relatively guaranteed benefit, providing them with a benefit that would allow them to avoid the risk of outliving their assets in retirement, and also protecting them against gross kinds of errors, like over-investing in the stock of your company or in a very badly diversified portfolio.”

Oona Hathaway Questions Constitutionality of US-Iraq Security Pact

Reuters, Nov. 19, 2008 by Ross Colvin
http://www.reuters.com/article/newsOne/idUSTRE4AI8OT20081119

Oona Hathaway … said it appeared the agreement would give the joint committee operational control over U.S. military operations. If so, that would be “unprecedented and extremely unusual,” she said. “The president can enter into agreements on his own but this agreement goes far beyond the president’s independent constitutional powers,” Hathaway said.