2012 0108 Article

[Brisky(종호)]

2012 0108.Doc

Malcolm Gladwell Test Has Japan Turning Chinese: William Pesek

http://www.bloomberg.com/news/2012-01-03/malcolm-gladwell-test-has-japan-look-to-china-commentary-by-william-pesek.html

If you want to silence a room filled with Japanese politicians, suggest they should learn from China (CNGDPYOY).

The conventional wisdom favors the flip side of this dynamic: China should be studying Japan’s playbook. Japan, after all, is an example of both what China needs to do (create a vibrant domestic economy and high living standards) and what it mustn’t (slide into bad-loan crises and deflation).

Yet I have one word for Japanese policy makers who dismiss the idea they should heed China’s example: Shenzhen.

For two decades now, economists have been urging Tokyo (TPX) to create a special-enterprise zone or two. The idea is to have a laboratory where officials could try drastic alternatives to Japan’s rigid, bureaucratic and change-resistant model -- a controlled environment in which the nationwide laws and norms that thwart economic energy could be repealed.

Southern China features such a place. In 1980, Deng Xiaoping started China’s first special-economic zone in a coastal village that was nothing to look at. Today, Shenzhen is a teeming collage of huge skyscrapers, thriving industrial parks, 10 million people, one of the world’s busiest ports, and some of the biggest manufacturing and outsourcing industries anywhere.

China’s Example

It’s the center of Chinese experimentation. There, officials can test what works and what doesn’t: which corporate tax rates offer the best balance of attracting foreign investment while filling government coffers in Beijing, which labor standards make the most sense, which corporate-governance standards are most advantageous, which immigration procedures are optimal, which regulations stay or go.

China’s experience inspired nations as disparate as Angola, Bangladesh, Brazil, Iran, Kazakhstan, the Philippines, Poland, Russia and even North Korea to erect special economic regions. India, too. You can argue that India’s software industry is such an entity -- one immune enough from New Delhi’s dysfunction to create the growth and jobs India so badly needs.

Why not Japan? Junichiro Koizumi, prime minister from 2001 to 2006, broached the issue, but his vision was never effectively implemented. Of all the growth-revitalizing strategies employed by Tokyo (TPX), the most favored ones are debt and concrete -- debt to finance white-elephant public-works projects, concrete to build them. Japan is too much about saving unproductive jobs, not creating innovative new ones.

What Japan never tried is a dose of supply-side economics. No, this column isn’t advocating a sudden Japanese embrace of the ideologies of Ayn Rand and Ronald Reagan. Yet Japan has gotten as far it can with financial socialism. Even after more than two decades of start-and-stop growth, Japan’s focus is on preserving its way of life, not adjusting to the demands of globalization and Chinese (SHCOMP) competition. The big debates in Tokyo are over raising taxes and joining free-trade deals.

Some fresh thinking is in order, and Japan’s March 11 earthquake and tsunami provided a perfect opportunity. There are many cities the government could declare as economic-policy labs: Fukuoka, Kobe, Nagasaki, Sapporo, Yokohama. The devastated Northeastern Tohoku region is a better choice.

“Tohoku can be to Japan what Shenzhen was to China,” says Jeff Kingston, head of the Asian Studies program at Temple University’s Tokyo campus.

Kingston’s favored regime: Allow large-scale deregulation, cut red tape that frustrates businesses, offer 10-year tax holidays for new investments and incentives for employers generating full-time jobs, apply a corporate tax rate in the neighborhood of 11 percent, suspend gasoline taxes, subsidize electricity, eliminate sales taxes, and structure a variety of enticements to attract capital into renewable-energy research and production.

Tax Holiday

Martin Schulz, a senior economist at Fujitsu Research Institute in Tokyo, would take things a step further and simply make Tohoku corporate-tax free. That, he argues, would get young people and families into a region that was dying demographically even before the earth shook and the waters rose.

All this would get Japan closer to passing the Malcolm Gladwell test. Days after the earthquake that triggered the worst nuclear crisis since Chernobyl, the author of “The Tipping Point” told Bloomberg: “The only time you can get things done is in moments of genuine crisis and catastrophes -- there’s a small opportunity to do an extraordinary amount. Japan, a country whose politics were in deadlock and sluggish for many, many years, I hope they can seize this moment and accomplish a lot.”

Gladwell’s view that a crisis is a terrible thing to waste arguably dovetails with the so-called shock doctrine advocated decades earlier by Nobel laureate Milton Friedman. I haven’t spoken with a single Japanese who believes the government achieved much of anything in 2011, never mind turning disaster into an opportunity. Japan must do better in 2012.

China has much to learn from Japan. From the ashes of World War II, it created a safe, prosperous, universally literate, environmentally stable and reasonably egalitarian nation. Yet Japan has long since lost the vibrancy and policy innovation that propelled it to today’s heights.

Prime Minister Yoshihiko Noda’s first act of 2012 should be to create a Japanese Shenzhen. It would be a much-needed recognition that if Japan can’t beat China, it can at least learn a thing or two from Asia’s economic upstart.

1.     What do you think about tax holiday?

2.     What kind of things china and Korea have to learn from Japan?

3.     What kind of things Japan has to learn from china and Korea?

Boston Legal

1-3: Catch and Release

Extracted scripts: Sally’s Trial

Topic: Pickpocket & Beyond A Reasonable Doubt

All Actors: (1)Alan Shore, (2)Sally Heep, (3) Ramone Valasquez, (4)Walter Seymore, (5)Sylvie White,

(6)D.A. Huff, (7)Judge Stephen Bickell, (8)Paul Lewiston

The scene opens at night in Alan’s office. He’s working at his desk and Sally is nervously pacing with a

folder in her hand.

(2)Sally Heep: Why aren’t you helping me?

(1)Alan Shore: Sally, I have a trial of my own beginning tomorrow. A rather big one.

(2)Sally Heep: But this is my very first trial.

(1)Alan Shore: You’ve certainly been in court before. I have no doubt you’ll do well.

(2)Sally Heep: Motion practice. This is with a jury. I don’t—I don’t think I’m ready.

Alan gets up from his desk, closes his office door, walks over to Sally and takes the folder out of her hand. He takes her hands in his and looks at her intently.

(1)Alan Shore: Sally, look at me. You trust me?

(2)Sally Heep: I do.

(1)Alan Shore: And because you trust me, you’ll believe what I’m about to tell you.

(2)Sally Heep: I will

(1)Alan Shore: That’s all it is.

(2)Sally Heep: All what is?

(1)Alan Shore: Trial law. Getting the jury to trust you, so you’ll believe what you tell them.

(2)Sally Heep: Really?

Alan puts his hands on either side of her face and strokes her face.

(1)Alan Shore: Sincerity, Sally. Once you learn to fake that, there’ll be no stopping you.

Sally, talking to client Ramone Valasquez in another hallway of the courthouse.

(2)Sally Heep: The D.A. offered a three-month suspended. I think we should take it.

(3) Ramone Valasquez: Does it go on my record?

(2)Sally Heep: Well, yes, but—

(3) Ramone Valasquez: The answer’s no. I didn’t do it.

(2)Sally Heep: Ramone.

(3) Ramone Valasquez: I didn’t take that wallet, and as a matter of principle, I won’t pretend that I took it.

(2)Sally Heep: They have an eyewitness.

(3) Ramone Valasquez: Look here. I might seem like some court-appointed charity case. But I’m an honest man. I don’t steal. And I won’t agree to any plea that says otherwise.

Sally looks up and recognizes Walter Seymore from CP&S walking by.

(2)Sally Heep: Mr. Seymore? Hi. Sally Heep. I’m in litigation at the firm. She walks over to shake his hand.

(4)Walter Seymore: I know that.

(2)Sally Heep: Are you in court today, or—

(4)Walter Seymore: No, but you are. I’m here to observe your work, Miss Heep. Good luck.

He walks away after shaking her hand.

Inside the courtroom of Sally’s trial. Her client’s accuser is on the witness stand.

(5)Sylvie White: I was reaching into my purse to get some change. To feed the homeless. That’s when I saw him coming.

(6)D.A. Huff: Who?

(5)Sylvie White: Him. The guilty defendant sitting right there.

(2)Sally Heep: Objection.

(7)Judge Stephen Bickell: The jury will disregard the reference to the defendant’s guilt.

(6)D.A. Huff: Then what happened?

(5)Sylvie White: He reached into my purse, grabbed my wallet and started rifling through it.

(6)D.A. Huff: What did you do?

(5)Sylvie White: I stood there frozen. I was shocked. He started running away as he was rifling through it. Then he turns, and he’s coming back.

(6)D.A. Huff: Then what happened?

(5)Sylvie White: I ran. He started chasing me. Thank God he was tackled by some people. I don’t know what he might have done.

(6)D.A. Huff: Miss White, are you absolutely sure that it was the defendant?

(5)Sylvie White: I can show you the pictures.

(6)D.A. Huff: What pictures?

(5)Sylvie White: I have one of those little phone camera thingies. I snapped his picture.

(6)D.A. Huff: And you have them?

Sylvie White is going through her purse, finds them and hands them to D.A. Huff.

(5)Sylvie White: Look. You can see he’s got the wallet.

D.A. Huff looks at pictures, walks over to Sally and hands them to her. It’s clearly a picture of her client, who looks at her sheepishly. Over Sally’s shoulder, Walter Seymore is clearly sitting there watching her.

That night, inside Paul’s office. Paul is sitting at his desk listening to Walter Seymore talk to Sally.

(4)Walter Seymore: You just let the pictures be introduced without so much as an objection.

(2)Sally Heep: Well, I thought. Um. The prosecution didn’t know about them either. So I couldn’t claim unfair surprise.

(4)Walter Seymore: You could’ve gotten time to prepare a cross-examination. To research the photos for authenticity. Instead, you sat there quietly. There’s eyewitness testimony from the victim. Positive I.D. and pictures.

(8)Paul Lewiston: How do you plan to proceed now Sally?

(2)Sally Heep: Um. Pauses, shaking her head. My client wants to testify.

(8)Paul Lewiston: And say what?

(2)Sally Heep: Um. That he’s innocent. Paul and Seymore just stare at Sally.

Back to the courtroom where Sally’s trial is taking place. Her client is on the witness stand.

(3) Ramone Valasquez: At first I saw it. But I didn’t see it. If that makes any sense. Uh, it took a few seconds to

register.

(2)Sally Heep: What took a few seconds?

(3) Ramone Valasquez: My wallet. I lost it two days earlier. And then I see it right there in her bag.

Sally Heep: Your wallet?

(3) Ramone Valasquez: Yeah. It’s this funky orange color, it’s not like there could be two of them, and I lost it on Washington right where we were at. So I figured she stole it. That woman stole my wallet.

(2)Sally Heep: So—

(3) Ramone Valasquez: So I walked right up and snatched it back. Self help.

(2)Sally Heep: You snatched back your own wallet.

(3) Ramone Valasquez: Yes I did. And I hustled off ‘cause truth be told, the woman looked a little vicious.

(2)Sally Heep: So what happened next?

(3) Ramone Valasquez: Well, I started to go through it to make sure it was mine and as I was going through the inside I saw “Oh my God! It’s not my wallet.” It looked exactly like mine, but it wasn’t. Truth is, I discovered later I’d left it in my car. It was all a big mistake. So I started to run back to return it. And she just took off. And I started chasing, yelling “Lady, wait! I’m bringing it back”. Y’know, I’m bringing it back. And then I got tackled and…here I am.

(2)Sally Heep: Your witness. Sally walks back to her table and notices Seymore watching her.

(6)D.A. Huff: So the wallet that you ripped out of Miss White’s purse, the wallet that you ran off with, you thought it was your own?

(3) Ramone Valasquez: Yes ma’am.

(6)D.A. Huff: Because it looked exactly like yours.

(3) Ramone Valasquez: Yes ma’am. This one here.

He reaches into his pocket and pulls out an identical orange wallet.

That night. Alan and Sally are talking at a bar.

(2)Sally Heep: You should’ve seen Seymore’s face. I think I’m about to get fired.

(1)Alan Shore: (chuckling) You won’t be fired. He takes Sally’s hand in his.

(2)Sally Heep: What am I going to do? What can I possibly say in my closing? I’ve got nothing.

(1)Alan Shore: Rabbit.

(2)Sally Heep: I’m sorry?

(1)Alan Shore: Pull a rabbit out from under your dress. You know what Gerry Spence does in these hopeless situations? He just tells the jury a story.

(2)Sally Heep: A story?

(1)Alan Shore: Any story. As long as it’s interesting. He just entertains the jury. He gets them right here—Alan

points to the center of his palm – and in that moment when he has them right here he connects the story to his case. Sometimes barely. Sometimes ridiculously. And then he asks the jury to let his client go and for God knows what reason they often do. A good story may be your rabbit.

The next day, inside Sally’s courtroom trial. The opposing attorney is finishing her closing.

(6)D.A. Huff: A man with felony priors for robbery and burglary. But this time, he stole the wallet by mistake. Sure.

She sits down. Sally stands up, turns around and sees Walter Seymore looking at her, then turns around and begins her close.

(2)Sally Heep: One day, I was in my kitchen. I think I was about 15. And in came Fred, my big chocolate Lab. And in his mouth was a dead rabbit. The neighbor’s pet rabbit. And I thought “This is it for Fred.” If they find out he killed their adored pet, Animal Control would be down, and --. So, I took the rabbit. Washed him off in the sink. Pulled out the blow dryer. Got him all white and fluffy looking. And I snuck over to my neighbor’s backyard and I put him back in his cage, hoping they’d think he died of natural causes. That night my parents came into my room. The neighbor’s pet rabbit had died three days ago, they told me. They buried him in the woods. And some wacko evidently dug him up, washed him off, and put him back in the cage. (A few jurors are smiling). But I remember thinking to myself the truth is not only stranger than fiction, but often less believable. And that’s what we have here, ladies and gentlemen. The logical version, I suppose, is that my client stole that wallet. The less believable, but quite possibly true account is that he mistook it for his own. Nobody, not one of us, can be sure it didn’t happen exactly the way Ramone Valesquez said it did. That’s reasonable doubt. Walter Seymore is smiling. Sally returns to her table and sits down next to her client.

Evening. Alan and Denny stand on the balcony looking over the city.

Sally is walking out onto the balcony.

(2)Sally Heep: Well. I went with the rabbit.

(1)Alan Shore: Of what variety?

(2)Sally Heep: I told an urban legend story for my closing. Involved a rabbit. Got the jury right here (she points to the center of her palm).

(1)Alan Shore: And?

(2)Sally Heep: They came back in 32 minutes. Not guilty.

(1)Alan Shore: You’re kidding!

(2)Sally Heep: I thought we could celebrate. Like rabbits.

(1)Alan Shore: Your hutch or mine?

(2)Sally Heep: 9:00. My hutch. Be there. (to Denny) Sally Heep. She turns to leave.

1. Do you have any real stories stranger than fiction in your life, or any urban legends you have heard? Tell us the story.

2. Have you ever been blamed beyond a reasonable doubt or have you done so to an innocent person?

[이정원(LeeSan)]

수고 했어^^

[Silver(종은)]

판타스틱꾸! 정말 깔끔. Thanks!

[Jay (재황)]

잘볼게요~

[바하]

감사.. 깔끔하네용ㅋㅋㅋ.

[팔팔한마님]

깔끔해요!!^^ Thanks!

[WoodsShin]

와아 감사합니다. 혹시 몰라서 여쭤보는 것입니다만 스터디 자료는 각자 프린트 해오는 거죠?

[Brisky(종호)]

넵, 기본적으로 각자 프린트 해옵니다.
프린트가 싫으시면 아이폰이나 아이팟, 노트북 같은 것 들고 오셔서 보시면서 해도 됩니다.

[WoodsShin]

네 감사합니다.