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The Decline and Fall of the American Entrepreneur: How Little Known Laws and Regulations are Killing Innovation

Posted by ObjectiveAnalyst 9 years, 8 months ago to Books
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The Decline and Fall of the American Entrepreneur: How Little Known Laws and Regulations are Killing Innovation

Author, Dale B. Halling Politics, Economics
132 pages ISBN 978-1-4392-6136-1

This short book provides an expert, astute analysis of the history of incentives and disincentives related to innovation, focusing on policies of the past up to the date of printing. Written in 2009 it explores government regulations and laws related to patents, copyrights, laws and regulations that effected the capitol markets, protections for inventors, investors and producers. It examines several positive influences for technology growth of the nineties, policies that subsequently initiated the decline of innovation and in combination with the housing/banking collapse of 2008 left us with the most stagnant economic conditions since the great depression. Combined with astronomical national debt the government has set the stage for continued tough times for innovation, the middle class and mobility up the economic ladder.

There is historical examination and exposure of both positive and negative regulations with an emphasis on the most detrimental polices of government regulators and constructive solutions. A growing prosperous economy for all depends on continued innovation and too often government meddling has not protected and promoted intellectual property rights. In fact laws like Sarbanes Oxley, other regulations, government market manipulations, and entering fields best left to the private sector market are shown to have created or exacerbated much of the recent economic decline while diminishing intellectual property protections.

The book has nine chapters, 0: Phoenix, 1: It’s the Economy, Stupid, 2: U.S. Technological Stagnation, 3: The Holy Grail of Economic Growth, Productivity, and Income, 4: A Short History of the United States, 5: Intellectual Property Socialism, 6: Sarbanes Oxley- The Medicine is Worse than the Disease, 7: Stock Options – Accounting or Controlling? 8: Suggestions and Prognostications.

Reading it you will find sound arguments, excellent suggestions and gain understanding of what for many is under-appreciated major contributors to our nation’s economy and prosperity. Dale B. Halling is an author, patent attorney and a regular contributor to our Gulch. I would recommend picking up this book and taking advantage of his informed expert perspective.

Respectfully,
O.A.


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  • Posted by Herb7734 9 years, 7 months ago
    Looks like a good read. Too late for me as I'm retired. Having been in the retail and manufacturing businesses, both of them "small" by government standards and an employee at several businesses, I have been following business trends for some time. I'm looking forward to reading about what D.B. has to say.
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    • Posted by 9 years, 7 months ago
      Hello Herb7734,
      Lucky to get out when you could. Today it is only getting harder for anyone in business to stay afloat let alone keep enough wealth to retire on after the taxman and regulators are through with you.
      Regards,
      O.A.
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      • Posted by Herb7734 9 years, 7 months ago
        I was coping with the fees and taxes until the city decided to tax my store's sign. I might even have coped with that, but looking to the future, I realized digital photography was coming. I had a camera shop and photofinishing was 25% of my business. I may have been able to even overcome that, but I realized that the costs of doing business would only rise. We were taking in more money every year, but our net was the same or less. We were running faster but staying in the same place. My wife was my partner and we decided to close it up and had a Going Out Of Business sale. We took a 6 month vacation and went into a different business.
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  • Posted by philosophercat 9 years, 7 months ago
    Thanks for info about the book. Very important issue and not well understood. I had a contractor client who when told about the new state laws regulating land use simply said, "Well, if they have the power to tell me how to run my business how do I know what they will tell me will let me do a good job? He got it in principle. in order to innovate today you have to be prepared to first be regulated. Most innovators don't like that.
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    • Posted by dbhalling 9 years, 7 months ago
      I think building codes are essentially stopped new inventions in construction and are a big part of why houses have increased in cost. In a true capitalist economy you would expect that new technologies would lower the cost of any given good.
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      • Posted by philosophercat 9 years, 7 months ago
        that's true and the rise in land regulation has driven up the cost and capital requirements for a housing land lot and since the house is usually assumed to be a multiple of the lot value it drives up the total. Your mortgage is actually paying for the excessive land development costs.
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    • Posted by 9 years, 7 months ago
      Hello philosophercat,
      So true. I have found most entrepreneurs are independent by nature. Unfortunately today's government wants to make us all part of a collective and diminish the independent spirit and achievement. "You didn't build that..." Bunk!
      Regards,
      O.A.
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      • Posted by term2 9 years, 7 months ago
        Its the independence that makes for a good entrepreneur actually. I am a rebel by nature- always looking for another way to do things, or some way to get around a problem or regulation. I am the regulators worst enemy- as I would look specifically how to get around their regulations.
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  • Posted by wiggys 9 years, 7 months ago
    what is going to change for someone who aspires to be an entrepreneur once they have a complete understanding of how the government has made it close to impossible to start a business?
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    • Posted by 9 years, 7 months ago
      Hello wiggys,
      I fear many have already found it more difficult than need be and been discouraged. I am glad I started my business in the early eighties when there was still hope and only one way to go... up.
      Regards,
      O.A.
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      • Posted by wiggys 9 years, 7 months ago
        i started my original business in 1977 and it eventually became what it is today. however, we still have the need of an accountant or lawyer to guide us through the ongoing maze of B/S we have to deal with. It is obvious that the nation is going down hill as a result of government interference. WIGGY
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  • Posted by $ Snezzy 9 years, 7 months ago
    We run a small business. We are pretty sure that some of what we do is illegal, but we haven't the time to try to figure out just what. When we ran the same business in Massachusetts it was illegal for us to give our horse manure to our neighbor unless it was inspected by the Manure Inspector. The city, the county and the Blessed Commonwealth all had NO Manure Inspector.

    We are careful not to advertise much, and we hardly ever do business with government entities. Pony rides for private schools? Yes. Public schools? Not worth the bother. And at a public school event there would be someone hoping to shut us down for failing to follow their whims.

    I suspect that it is racist of us to refuse to put a much-too-big child on a much-too-small pony. I've been asked to "please make an exception for my child" and I always refuse. Sometimes the child cries, but a 150-pound fifth-grader does not belong on a 300-pound pony.

    We are seriously contemplating how best to get rid of our herd if we are ever told we are regulated. If you see it in the news, you heard it here first.
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    • Posted by 9 years, 7 months ago
      Hello Snezzy,
      Small business isn't all its cracked up to be. It has definitely become much harder to keep the government wolf off your back. Just like your ponies the burden can be too great.
      Best of luck,
      O.A.
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    • Posted by $ jlc 9 years, 7 months ago
      I have been thinking of getting an Icy someday. Now there is a small horse (not a pony, technically, but that size) that is supposed to be carry a 300 lb man at a tolt all day. (No, I am not that weight but still...!)

      Have you had any experience with Icelandic 'ponies'?

      Jan, loved pony rides as a kid - and was warped thereby
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      • Posted by $ Snezzy 9 years, 7 months ago
        Not Icelandic, but we owned Saddlebreds years ago, and so are familiar with the singlefoot gaits.

        They seem to be quite a sturdy breed, and lack the Arabian blood that is in most European breeds. Check out the thickness of the cannon bone if you want to understand a horse's weight-carrying capacity. Also, do not begin to work your horse until it is around five years old.
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      • Posted by khalling 9 years, 7 months ago
        these are the ponies that can travel far in a day, right? They have a certain stride that makes miles before tiring? Pirate raised some sort of rare Russian horse.
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  • Posted by MinorLiberator 9 years, 8 months ago
    I've studied a lot of economics in college and since, including both the theory of the harmful effects of government laws and regulation, and historical examples. The problem with the latter, while true, they were old and applied to their specific time and place.

    I've been looking for a book to apply to current issues as far as regulations etc., and this looks like it. Looking forward.
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    • Posted by dbhalling 9 years, 8 months ago
      Unfortunately, this book was timely. Many of the points I made are timely, but the context was pretty specific to a time period. I will not write another book that is time specific.
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      • Posted by $ jlc 9 years, 7 months ago
        What a terrible thing to have to say about one's book: "Unfortunately, this book was timely."

        ...and the truth of your reflective statement makes it even worse. I would much prefer to read a comment that said, "Fortunately, dbhalling's timely book changed how entrepreneurs were regulated and saved us all from a morass of gov suppression of business and innovation."

        Could I have another world please - To Go?

        Jan, still drinking first cup o'coffee
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        • Posted by 9 years, 7 months ago
          Hello Jan,
          If you have any success could you please let me know where to get that same takeout? I would be pleased to join you. :)
          Regards,
          O.A.
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          • Posted by $ jlc 9 years, 7 months ago
            O.A.- The takeout mysteriously disappeared as I was finishing my first cup of coffee and returning to reality. So sad; still looking.

            Jan
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            • Posted by 9 years, 7 months ago
              Yes, it seems like it is always just out of reach. There was a time though for me when I was building something... a company and employing people and it was worth it. Now, it is just going through the motions and hope for a future where my efforts are not devoured by looters is what remains. I will be okay and be able to retire (though not at the level I may have hoped for), but those that come after me or work for me...
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      • Posted by MinorLiberator 9 years, 7 months ago
        Yes, and truly unfortunately, at the rate we're churning out laws and regulations...no author or even a group of dedicated authors could be truly time specific. Still, 2009 is much more "timely" than anything I've seen, and I'm sure will have great value.
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  • Posted by term2 9 years, 7 months ago
    I will read the book, but I already know from personal experience the things that have discouraged me from doing business. I used to make medical devices, but I specifically shrugged in early 2000's when FDA got to be so much of a discouragement in terms of regulation and inhibiting new products. I just quit and decided not to make medical devices anymore. Its a small thing in the scheme of things, but multiply this by all the entrepreneurs who feel the same way over the years, and you get stagnation
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    • Posted by dbhalling 9 years, 7 months ago
      We are all poorer because of this, but I completely understand you decision. My brother works at Mayo and the FDA is planning that his lab certify (not sure of the exact term) all these lab tests that they do that have low volume. Most likely Mayo will quit doing most of these tests in the future.

      That how the FDA protects us.
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      • Posted by term2 9 years, 7 months ago
        The FDA inspectors are pretty clueless when it comes to actually understanding what a company does. Partly its because they would have to be knowledgeable in so many product areas and processes that it would be almost impossible. The idea that FDA can protect us better than a company's reputation is just a stupidly conceived excuse. FDA is there to increase power of the government- any protection that it offers consumers is an insignificant by product
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    • Posted by 9 years, 7 months ago
      Hello term2,
      One of my clients specializes in medical devices. Their business has taken a substantial hit. I don't know how they survive.
      Best of luck,
      O.A.
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      • Posted by term2 9 years, 7 months ago
        I think that the rise of FDA into medical devices in 1976 was spawned by FDA running drugs into the ground and they needed new fish to fry as it were. So they made excuses that people were dying from medical devices (their argument was based on fewer deaths than I have fingers as I remember), and then the large companies threw in support so as to raise the bar to restrain competition. in 1976 they would "clear" devices ONLY if they were substantially similar to things already in production at that time. By 1990 they pretty much made everything that one wanted to produce a "new" product that needed to go through a similar process to a new drug. That took too long, was too expensive, and required a big regulatory department- and I made my decision to get out. The purpose I think was to eliminate new competition from small companies. No wonder your client is having a rough go at it. Now I make offroad LED lights with no regulation (yet) !!
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    • Posted by $ WilliamShipley 9 years, 7 months ago
      So our product is a Laboratory Information System. These are still not considered medical devices by the FDA so we don't have to go through FDA 510(k) approval. If we had, our business of 20 years would never have gotten started.

      What IS considered a medical device is Blood Bank software. This was put in place at the time we were first developing SchuyLab and we abandoned the blood bank module we were working on since we didn't have the resources to even contemplate and FDA approval process on it.

      That act essentially froze the blood bank software industry and to this day there are very few companies providing blood bank software and they are significantly more expensive than similar software.

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      • Posted by dbhalling 9 years, 7 months ago
        It is just a lie that the FDA is interested in protecting us. The FDA is now part of the crony fascists system of protecting the big companies from new inventions. Stossel did a story on this and it shows up in our first novel.

        BTW: My dad was a pathologist and ran a blood bank
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  • Posted by Owlsrayne 9 years, 7 months ago
    I believe the above mentioned book would be a great read. Many producers have moved on to the internet to sell their products or services. While inventors and other creators have no other recourse, but make their experimentations open source. Since the govt Patent Office and other entities would either hold up such innovations or out right steal that intellectual property. So, with open source the whole world can see or read what your doing, there by thwarting the govt from profitting off of new innovations.
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    • Posted by 9 years, 7 months ago
      Hello Owlsrayne,
      khalling is correct. Somehow your comment was replicated (9 times). You probably should delete the duplicates. In the mean time I have given you a point for your initial comment and I will hide the duplicates.
      Respectfully,
      O.A.
      P.S. Edit: Though they are not offensive or ad-hominem, they are clutter. Thank you for understanding.
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  • Posted by Owlsrayne 9 years, 7 months ago
    I believe the above mentioned book would be a great read. Many producers have moved on to the internet to sell their products or services. While inventors and other creators have no other recourse, but make their experimentations open source. Since the govt Patent Office and other entities would either hold up such innovations or out right steal intellectual property. So, with open source the whole world can see or read what your doing, there by thwarting the govt from profitting off of new innovations.
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