Put the Demos Back Into Democracy

There are two kinds of activist groups, equally (in)effective. Which are you? And why?

Pop-up activists tend their topiary and anguish over bathroom fixtures until… a Big Bad Issue pops up and invigorates them.

Permanent Waves — the second kind of activist group — inhabit longstanding, institutionalized power zip codes nestled among other shrubbery in the nonprofit landscape.
Continue reading “Put the Demos Back Into Democracy”

Decommissioning Corporate “Magic”

Would you like to neutralize corporations’ ability to get so many GOOD laws declared unconstitutional? There’s an “app” for that—-an approach, that is.

Seriously, do you really think it’s unconstitutional to require labels on GMO food? Or to prohibit a dangerous and ecologically harmful activity like fracking? What kind of a screwy constitution are we talking about here?

What if the Martians (or Plutonians) landed and asked why we permitted a gigantic CAFO to produce inferior food while threatening aquifers, ecosystems, community, and quality of life? Not to mention, underselling and disadvantaging local organic food producers. Would we say, yeah, it’s a bummer but we have this sacred document called the Constitution and it says we, uh, have to allow this?

I use the word “magic” (as in corporate magic) advisedly. Magic is misdirection plus mechanics. Almost always, the misdirection (“Watch my right hand carefully, now…”) is more critical than the mechanics. (Dexterity is a matter of practice: just watch bulbous-fingered men playing mandolin or tweeting.) The same is true about how corporations get laws they don’t like voided by courts.

Obviously, in order to counter magic you have to understand it.

First, the Mechanics

Over many decades, corporate lawyers convinced judges that corporations are protected by the Constitution against government action. (A portion, but not all, of these protections comes via so-called “corporate personhood.”) After a high court confirmed these judicial interpretations, legislatures incorporated the changes into law. (This is still going on today, but the groundwork was laid long ago.)

Result: The Constitution both created a government, and set up provisions to protect people from oppressive government. Then the government (state governments, mostly) created corporations as its agents. These corporate agents, really extensions of government, then began claiming that they were more like human persons than creatures of the state, and therefore deserved protection against the government that created them. (If you feel dizzy, you’re getting it. The topology of the situation is a snake shaped like a Mobius strip eating its tail.)

In a nutshell: A corporation (set up by a government professing to act on behalf of the people) claims the protections of people against government, and wields the power of government against people. This is having your cake and eating it too.

Once even a single corporation wins recognition of an expanded constitutional protection, that protection then extends to ALL corporations. They don’t even have to send each other memos.

Quickie example: A county believes a certain business corporation (BadCorp) is reprehensible in its methods, labor policies, and general environmental practices, so it passes a law banning that corporation from doing business within its jurisdiction. (For an example, read up on the anti-chain store laws of the early 20th century. Check page 61 of my book.) BadCorp files a lawsuit claiming that its 14th Amendment constitutional right to equal protection is violated, because other similar corporations are not banned, while BadCorp is singled out. In other words, BadCorp was discriminated against. (I kid you not, this is the language used.) After that (and this started in the late 19th century), all the other corporations went whining to federal courts to claim that they were discriminated against, too. As a result, this and other corporate constitutional protections accreted over the years have made it next to impossible to pass legislation with real effect to control corporations.

That’s the mechanics part. I’ve been writing about it for two decades, and there’s a solid century-and-a-half of legal scholarship on it. But regular people don’t read that, either because it sounds too intimidating or boring, or because…corporate misdirection has deflected their attention.

Now, At Stage Right, the Misdirection

You can almost smell the incense. Mental lights dim, somber susurrus caress the syllables…Con-sti-tuuuu-tion…as we enter the Sacred Text Zone. Imagine that urine-colored parchment with the nearly unreadable loopy script on it. Probably behind glass. With a security guard nearby. Most people are not exactly sure what all’s in it, but they are hesitant to violate it.

Instead of “Keep your eye on my right hand…” the misdirection here begins with people in dark, voluminous robes intoning the word “unconstitutional.” The first misdirection is that even the suggestion that something is unconstitutional makes many people back off (and stop looking into it).

It gets worse, because the misdirection implies that the Constitution itself actually says that corporations have rights (mostly from the Bill of Rights), and protections from other clauses scattered throughout the document. IT DOESNT. Just read it. (Or some of my short vignettes illustrating the point).

The notion that corporations have constitutional protections comes not from the Constitution but from judicial decisions made since the early 19th century. The judges that made these decisions, almost without exception, were wealthy white men with considerable property. Most also had experience working for the railroads, banks, and other dominant corporations of their day.(See pages 76-77 in my book.)

Misdirection Plus Mechanics Equals…

While misdirection makes people afraid to question the Constitution, and unaware that such protections come not from the Constitution but from increasingly free-ranging judicial interpretations (often called judge-made law), activists and other citizens tend to disattend the mechanics of constitutional protections for the legal fiction of the corporation. Which are right out there, in black and white, as plain as that rabbit in the hat.

Here’s the App!
Decommissioning Corporate Magic: The App(roach)

Remove, by passing laws, the handful of corporate protections that corporations have used to neutralize literally tens of thousands of excellent pieces of legislation.

Before your eyes glaze over, consider this. Look up from your screen. People who can install and use numerous apps on complex electronic devices that blink, beep, thump, vibrate and arpeggio at us from all compass directions—are without doubt capable of understanding the points of constitutional law (there, I said it) that keep corporations for the most part out of reach of citizen legislation.

Hundreds of local communities have tried it already, and are making real progress. Visit one or two, to see how that app(roach) works.

Can Pluto Help Us Understand “Free Trade”?

If we used Pluto’s new celebrity status as an opportunity to see Earth—from afar–as part of the solar system and part of a Galactic Trade Organization, would we gain any new insights?

Pluto is a trip-and-a-half. The word pluto means both wealth (plutocracy) and hell (Pluto as god of Hades), so, already economics, myth, and religion are implicated. The word attached itself not only to an erratic planet, but also a cartoon dog and a radioactive element that does not occur naturally. The dog was named after the sometime planet, now celebrity ex-planet, in hopes that the yellowish (like oxidized plutonium at room temperature) canine would bring profits to a growing entertainment empire. So, pop culture and capitalism are involved. In addition, the spacecraft sending back all those paparazzi-quality images from Pluto is powered by plutonium, the element not only named after the planet it carried the cameras to, but also all tied up with Iran and Karen Silkwood. So add in global politics, occupational health, toxic waste, and the environment.

Perhaps despite its ongoing coming-out party, Pluto is just another overrated dwarf planet. I mean minor planet. Oops, maybe former planet. Ex-planet? The class of ex-planets is small, but even smaller is the set of celestial bodies that has been called dwarf, minor, former, and ex. Now we can add that it is craterless, has unexplained trenches, boasts gigantic ice mountains, and is “geologically active,” to boot. It’s gotten our attention.

All eyes are on Pluto. Let’s truly put our eyes on Pluto, and look back towards the third rock from the sun for a galactic take on our home world. Think future, politics, and investment.

How would Earthling “free traders” respond if Galactic Trade Organization ministers determined that a tiny planet called Earth was the best source of raw oxygen and a perfect location for the galaxy’s toxic waste?

“Free trade” proponents would then for once find themselves on the receiving end of what they have been dishing out for centuries. They could look forward to being told that their claims to “need” the oxygen were based on “junk science.” And that should they want any oxygen down the line, they would be free to pay the going rate to import it. They would be assured that hazardous waste infill would improve Pacific Basin ecology, and that previously “underdeveloped” economies would get a shot in the arm as sno-cone stands, video game arcades, and other new “development” sprung up around the toxic waste import facilities ringing the Pacific Ocean. Any Earth laws that slowed the oxygen harvest or impeded incoming galactic garbage would be labeled “trade barriers,” and the Galactic Trade Organization would toss them out.

Change Galactic Trade Organization to World Trade Organization and you have described the global situation today. Change World Trade Organization to U.S. Supreme Court, and you have described the situation within the U.S.There’s not a square inch of United States territory that is outside the domestic “free trade” zone.

The excerpt above is taken from page three of my book Gaveling Down the Rabble. There and elsewhere I have explained why I insist on putting “free trade” in quotation marks. (Short version: because it’s about neither trade nor freedom, but a denial of basic democratic rights.)

If the long view (about four billion miles) from Pluto is what it takes to get people to understand the US domestic “free trade” zone, then so be it.

About that “Seat at the Table”…

You want a Seat at the Table. You fight for it. You get it. Yippee. Let’s consider it.1

(Welcome back to the DTP Blog. I’ve been absent from this table because, among other things, May is a huge month for gardening in Wisconsin and mine needed lots of TLC so I could put food on my table. But back to your Seat.)

“Wanting a Seat at the Table” is one way citizen activists express their desire to be part of the decision-making process, instead of being merely audience, cheerleaders, dues-payers, observers, onlookers, demonstrators, or the blubbering supplicants role that we play in regulatory agencies.
Continue reading “About that “Seat at the Table”…”

Wrinkle in Ancient Corporate Code Reveals Democracy Remedy (Not for the faint of heart)

Crumbling pages in the rare books room of the Wisconsin State Law Library may hold the key to breaking the corporate stranglehold on the democratic promise so long dormant in the heartland.

I’ve read those pages in that cool, dim room. But you can find the same info in the well-thumbed regular stacks that are only medium-rare. What is rare is for anyone but a historian or lawyer to read them. (Hint).

(Rather than having you read this, I’d like you to go here, but you’re probably not ready yet.)

“Incorporate in minutes: CHEAP, EASY, FAST.” Have you seen those ads? Why is it easier to incorporate than to register to vote, get a driver’s license, or maybe even order a pizza?

Try your luck with this multiple-choice question.

Corporations get their vast power from
A. their brilliant, inventive, plucky, persistent, indefatigable founders’ work and insights
B. US military forces and domestic police protecting their property worldwide
C. a winking conspiracy among judges to invent extra powers for them in the margins of their decisions
D. the sheer popularity and market domination of their amazing products
E. state legislatures

E is the key. A-D all help, with A always overrated and C exaggerated, but state legislatures do the deed.

Those CHEAP, EASY, FAST steps that today allow you to incorporate have a profound impact. Incorporation carves out a handful of chips of power from the block of government sovereignty, and hands them over to corporations. Simply put, some of the power of government is transferred to a corporation. In other words, GOVERNMENT CREATES CORPORATIONS.

(If you’re still reading this, maybe now you’re ready to go here.)

Before incorporation, all you have is a bunch of people, ideas, and resources. AFTER INCORPORATION, you have a company clothed with powers and protections granted and enforced by the full force of government. Law enforcement, courts, agencies, the whole chalupa.

This changes everything. For example, if you’re upset about a corporation doing bad things, you should be even more upset with your government that has granted that corporation the power to do those things.

I heard that many times before I got it. And I only got it when I went to the law library and held in my hands the pages that wrought such transformation. (Ready to go here?)

In a law library, you can hold in your hands the law that a legislature passed to turn that bunch of people and ideas into a corporation with powers of government. They used to do it one at a time. As in, the Octothorp Corporation may raise this amount of money, construct such-and-such a facility, and mine dilithium crystals in these three counties.

That’s amazing enough, that you can literally read the document that breathed power into a corporation. Even more shocking for us today is that if that corporation messed up, didn’t follow legislative instructions, or exceeded powers granted, the same legislature could just pass another law (no judicial intervention needed, thank you very much) and repeal the charter, a process called charter revocation. (Are you ready to see the treasure map to finding a charter revocation?)

That charter revocation—you can also hold it in your hands. Something about seeing this “in the flesh,” as it were, changes the way you understand corporations. It is hypocritcal and inaccurate for lawmakers to intone the equivalent of, Gosh, those darn corporations are so powerful. When in fact every single one of their powers was granted by legislation, voted on by legislators. (And even if first granted by a court, those powers were later ratified in statutes).

So I want you to take two steps that aren’t on many agendas just now.

ONE—Get thee to a law library.

TWO—Realize that the target of citizen activism is not so much corporations (using powers overtly given to them by governments), but the governments themselves that have ratified such a wholesale transfer of power from the people to corporations.

That’s my pitch. I hope you’re ready to go here, to see a pamphlet-length layperson’s tour guide to a law library. Even if you never make it to the library, you’ll learn a thing or two by flipping through the tourist brochure. Perhaps, even enough to turn your attention from corporations to the governments that create and protect them.

Bon voyage, jam


Wow, I feel more powerful already.

Because I know that toxin-laced microscopic plastic beads from toothpaste and other cosmetics have been sluiced into our waterways and ingested by fish and other marine animals in the lower Great Lakes.

I also know that frac sand mining and processing spews fine particulate silica sand into the air and blasts nasty chemicals into dismembered and mutilated aquifers in Wisconsin, where I live.

My power surges. I almost can’t contain it all.

(Insert your favorite examples here.)

What should we do with all this power? Write a letter to the FDA with its spectacular record of failure to regulate bad substances in a timely manner, coupled with attempts to prohibit or discourage the use of commonplace inexpensive remedies whose major flaw is that they do not massively increase the profits of big pharmaceutical corporations?

Or, maybe I should go to a fracking hearing at the DNR, the main point of which is to advertise that a) the DNR has no intention of seriously regulating such operations, and b) affected local communities lack power under state law to pass strict protective ordinances?

Our conferences, lectures, workshops, and study groups Describing the Problem are as numerous as the bison that once thundered the Plains. Our books, slide shows and folk songs Describing the Problem are as numberless as the passenger pigeons that once blackened the skies.

If there are limits to our drive to accumulate knowledge to Describe the Problem, we haven’t reached them yet. We leave no grain of sand unturned, no Antarctic ice crystal unanalyzed, no clitoridectomy unlamented, no habitat loss unmourned, no slain journalist unlisted, no refugee camp unenumerated, no polar bear hair unsectioned, no deformed frog undissected, no terawatt-hour of electricity unmeasured, no torture technique uncatalogued, no larva unprobed….Oops, I’ve fallen into Describing the Problem again.

Uh, does this mean that with all this knowledge we are like, really powerful?

Oh, all that knowledge we collect, collate, calculate, caress, characterize, calibrate, cross-reference. (Sigh). I know it leads many people to succumb to denial and depression, but how exactly does this translate into power?

* * *

Knowledge is power—if there are ways to apply that knowledge to make constructive changes. Knowledge is not power if the underlying political framework spins off grass roots activism into unproductive eddies of procedural minutiae and judicial dead ends.

We need knowledge to wield power well, but that doesn’t mean that we don’t need strategy. Yet we are obsessed with increasing knowledge via Describing the Problem, while strategy languishes. And the “problem” we have today stretches across the spectrum from zoophyte extinction to ageism.

Disclosure: In my background lurks academia, writing, and explaining this or that problem to a variety of audiences. I have done extensive research including writing a book about a single constitutional clause, so it’s not that I don’t appreciate research and description. Knowledge must be part of what we do, but it’s not the goal or the answer, and it’s certainly not the strategy.

* * *

Some things you can do…

1. Stop Describing the Problem to people who agree with you and start talking to those who don’t.

2. Try diagnosing the problem instead of describing it. (Like, is the problem the corporation that is polluting or the government that allows this—in fact, hands out permits for it?)

3. Use all the time you free up to strategize about making the necessary changes. And don’t bother with the sleepwalking methods (toeing the line at regulatory agencies, whining at demonstrations….) that have failed, for, oh, forty or a hundred years.

4. Strategize about how to challenge…well, here’s a statement of the problem that I wrote about twenty years ago, and it still stands.

“Over a period of many generations, corporate lawyers, in drawing rooms, cloak rooms and court rooms, worked over our imperfect but promising democracy clause by clause. In all too many instances, when a law got in the way of corporate power, the corporations either got rid of it, weakened it, prevented it from being enforced, got it declared unconstitutional, or influenced the judicial interpretation of it so as to render it inconsequential.

While the rights of most human persons were denied or diminished, corporations acquired by sleight-of-hand constitutional rights of “natural” persons. These newly anointed corporate “persons” claimed and gained constitutional protections for their “property,” which was first construed to be something tangible, expanded to include the intangible and now includes the imaginary.”

Is that quote just Describing the Problem again? I think not: Rather, it is diagnosing the problem. And if we diagnose the problem as our government and the power it gives to corporations, we need to take a break from counting parts-per-million and dollars-per-candidate and strategize how to alter our underlying legal framework.

People have been working on such strategies for at least two decades, yet that work somehow isn’t as sexy as Describing the Problem.

So, could you spend a week without Describing the Problem, and turn instead to planning strategy ? Or maybe a month?

Strategy isn’t optional. To plagiarize and paraphrase (plagiaphase?) a famous dead white guy: The point is not to describe the world, but to change it.

Snowy equinox. jam

Let’s Get Smart About ALEC

Gather a bundle of your inkiest exclamation points to put at the end of the next sentence. An outfit called ALEC, funded by wealthy right-wing ideologues, has put together a collection of model laws that they like, and is trying to get legislatures to pass them! ! ! ! !

So what exactly is so shocking about this? That they have actually written up laws they’d like to see passed? That they are promoting them to like-minded legislators? That they have money? Really? (For an analysis of what we’re missing, go here.)

(For those of you who have been playing online solitaire for the last four years, ALEC, described as a “corporate bill mill,” stands for American Legislative Exchange Council, founded in 1973 as the Conservative Caucus of State Legislators).

Hey, there are as many model laws out there as there are articles “exposing” ALEC. Glance over this fun sampling, and then tell me why ALEC is so outrageous.

Apes & Electrification
The Animal Legal Defense Fund has a “Model Ordinance for Great Apes” as part of its Model Animal Protection Laws Collection. The Energy and Mining Sector Board of the World Bank puts out model laws that promote electrification.

Shellfish & Carry-On Musical Instruments
The Food and Drug Administration puts out a Shellfish Sanitation Model Ordinance. The American Federation of Musicians sought to get provisions of a model law about carrying musical instruments on commercial airlines incorporated into a modernized Federal Aviation Administration Act.

Guns, Adoption, Anatomical Gifts & Organ Transplants
The Johns Hopkins Center for Gun Policy and Research put out a Model Handgun Safety Act. The US Uniform Law Commission puts out lots of model laws such as the Uniform Adoption Act and the Anatomical Gift Act, the latter supported by “many organ, eye, and tissue procurement organizations.” The Organ Procurement and Transplantation Network offered the National Organ Transplant Act.

Service Dogs & Solar Energy
Assistance Dogs International has an Assistance Dog Model State Law. Solar America Board has offered a Model Statute/Ordinance To Encourage Access to Solar Energy.

Work Zone Safety & Model Model Law
The National Committee on Uniform Traffic Laws and Ordinances puts out model laws on work zone safety. There is even a model law for models from the Model Alliance, an organization that focuses on fashion model rights. Concerns include child models dropping out of high school, and being pressured for sex by photographers.

Lots of groups and institutions are organized and focused enough to write up and put out model laws, at the local, state, federal, and international levels. (Go here for an example of how to do this “at home.”)

Some work quietly, while others launch major PR campaigns. These model law groups are likely to be funded by, if not started up by, people who stand to benefit or believe they will benefit from the laws they propose.

Many states, and the US, have passed outstanding “green” or “progressive” laws in the past. See my book Gaveling Down the Rabble, or an article about a “green” future, or an article about good state laws, or an article about laws to protect meat quality.

Unfortunately, many of these laws have been declared unconstitutional because of corporate constitutional protections. For an insight into this phenomenon, go here.

So, let’s get smart about ALEC.

1. Get over it. What is accomplished by protracted hand-wringing on how evil ALEC is? Describing the problem is only helpful if you’re talking to people who don’t think there’s a problem.

2. Acknowlege that ALEC has done a great job, especially by keeping a list of model laws on hand for when they may be able to pass them. ALEC is prepared.

3. Learn about ALEC. ALEC gets its power from the government. Specifically, the Illinois law under which ALEC incorporated in the mid-1970s, and the 501(c)(3) portion of the US statutes IRS code. Have you ever read or tried to change either one?

4. Write your own goddam model law. If you’ve got a problem with ALEC, rewrite the law under which it was incorporated to better suit democratic ideals. State laws are out there, and I don’t see a lot of left-of-center groups even reading them, much less rewriting them. Right now, state incorporation statutes are modified every session, as corporate lobbyists march in, hand in their “improvements,” and stand by while legislators pass them. The American Bar Association puts out a Model Business Incorporation Act. Do you have one? (Go here for an example of some great provisions that used to be part of corporate law.)

5. Some good model laws. Here are two recent ones that you might consider emulating, adapting them to your own local issues. It’s part of what is often called the “community rights” movement.


Ever walk into a representative’s or council person’s office with a proposed law in hand? It’s a good feeling. Put it on your 2015 New Year’s Resolutions list.

See you around Ground Hog’s day. jam

Making a Federal Case Out of It

“Don’t make a federal case out of it.” I used the phrase countless times without understanding its origin. But it turns out it’s full right up to the post-hoc-ergo-propter-hoc with historical significance: lessons about corporations, democracy and local control–what you might call community rights.

Take the train-hits-cow cases. Railroads began a rapid expansion in the US in the 1830s and by 1870 spanned the continent. Farmers had livestock milling around before barbed wire was patented or common, and trains didn’t-wouldn’t-couldn’t always stop for the unfortunate domestic animal standing on the tracks.

Farmers wanted compensation for all the cows wasted by trains. They often got it, even from the big railroad corporations, if they went to state courts, which obviously understood the plight of farmers losing stock to the new Iron Horses.

Another big beef during the early railroad era was that glowing embers from wood-burning steam locomotives wafted off and set fire to farmers’ fields and barns. This barn burning was especially common before railroads began switching to coal in the 1860s. Again, farmers were often able to get compensation if they went to state courts.

Railroad corporations were not keen on paying for kilt cows or burnt barns if they could avoid it. They learned early on that they fared much better in federal courts. Ask a lawyer (Better Call Saul): federal court takes longer, costs more, is farther away, has more onerous procedures, and is harder to win in if you’re an amateur.

Make a federal case out of it: escape the locals and get into federal court. As opposed to traffic court, municipal court, county court or state court. The rules for getting into federal court have changed over time, and there’s no way to summarize them here. But one fairly sure way is to raise a constitutional question. Poring over the constitution looking for corporate handholds has long been a strategy for property seeking relief from local democracy. (My book Gaveling Down the Rabble is all about how it’s done with a single constitutional clause.)

Much of corporate law (and “rights,” and powers) comes out of cases about railroads because they were among the dominant corporations of the 19th century. The take-home message: corporations saw that local control was a threat to their power, but federal jurisdiction (courts, Congress, or the regulatory agencies) could be a ticket for privilege. (For some history, see this.)

A shallow or stylized sense of history can lead to misconceptions. Many people think that the Supreme Court (the feds) has been a stalwart defender of civil rights. Simply not true, and shamefully not true. (See the chapter on civil rights in Gaveling.) But the “federal case” idiom was common in the 1950s because of federal involvement (usually based on the constitution’s COMMERCE clause) in civil rights during those years.

The origin of the phrase seems to be somewhat earlier, in Jimmy Durante’s 1940s reference to the federal government’s use of tax evasion charges to justify going after bootleggers during the Depression. I don’t have any evidence that the phrase was used in the early railroad era, but it captures the essence of corporate efforts to escape protective state and local laws.

If I titled this post “Federalism is So Complex!” none of you would be reading this now. But it is complex, and critical to efforts to reinstate some semblance of local control in our communities. Here are another few relevant tidbits before I close this ramble.

* Federal courts had little to do in the early decades of this nation, but now hear cases on a huge spread of topics and issues. (Gaveling explores this in labor, civil rights, and environmental law, among others). Whether this is good or bad is not obvious.

* The US Congress—not the constitution—determines the powers of federal courts. See my “Look to Congress for Supreme Court Fix.”

* The question of the appropriate relationship between local and federal power involves, among many other things, whether a federal law should be a floor (a minimum standard that states may be stricter than), or a ceiling (a standard that must be met but cannot be exceeded by local laws).

Finally, let’s remember that “local control” is a double-edged sword. If we really believe in local control, we need to insure that it is DEMOCRATIC local control and not feudal party machines in action.

Next post will be about….let’s see, What the Phrase “From Here Till Next Tuesday” Can Tell Us About Corporations.

Happy 2015, jam

jam tip: A great source for train-hits-cow stories and other tales of early corporate constitutional predation is volume one of Morton Horwitz’s The Transformation of American Law (1977). NB: not for the faint of heart.

A Corporate Anthropologist Walks Into a Blog…

There are two kinds of corporate anthropologists. First, the kind that works for corporations and gets paid. I’m the other kind.

The first kind works for and with corporations to increase worker productivity, advise what color greeting card to send a Chinese executive, or figure out how to sell personal hygiene products to Mayan grandmothers. In school we used to call it how-to-sell-Coca-Cola-to-the-natives. A subset would be how to keep the natives from getting restless.

It often involves finding non-confrontational stealth “solutions” to management-defined problems. This would include designing lobby benches that can’t be slept on, or sandpaper-covered toilet seats to discourage secretaries with too much time on their hands from hiding in stalls reading bodice-rippers.

It would not include ways of preventing non-corporate geese from defecating around fountain-fed corporate ponds. (That would require a corporate ornithologist, I guess.)

The second kind of corporate anthropologist, the kind I am, uses anthropological methods to study corporations or corporate culture. The core anthropological research method is participant observation, which basically means living there, or if it’s a setting like a factory or school, working there or attending—hanging out in some way.

I’m a corporate anthropologist because my “tribe,” the one I studied, was a powerful quasi-public utility company. It was by following this utility through scores of permits and hearings, in nearly as many regulatory agencies and courts, that I got my training in regulatory agencies. My dissertation was over 700 pages long and contained thirteen appendices, partly because I feared a lawsuit.

This sort of thing is called “studying up” because unlike the historic anthropological project of sending someone from an empire to study oppressed people in the colonies (“studying down”), you have someone studying up at powerful people, groups, or institutions, often in their own society.

One of the reasons it’s not more popular is that there’s no money in it. In my own case, I was encouraged to study (down at) environmental groups or citizen activists instead of (up at) the Big Utility. Corporations and other powerful institutions have always been happy to fund studies that reveal the inner workings and weaknesses of groups that suffer from their practices.

Since the 1960s, UC-Berkeley anthropologist Laura Nader (yes, Ralph’s sister) has been encouraging students to “study up” at everything from regulatory commissions to dentist conventions. Her work was an inspiration and model for my own.

If you want to hear more about my utility tribe, you can read a sidebar on it here, or follow the links in “About JAM” to a biographical sketch on the Society of Midland Authors site.

So, a corporate anthropologist walks into a blog……says…. Happy Solstice, see you in 2015. jam