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Municipal bond ratings give investors information about bonds’ default probabilities. They also affect societal objectives by altering the cost of public infrastructure but are not regulated. This paper explores the possibility that these ratings involve behavior analogous to redlining, which is discrimination against people in places with a high minority composition. Drawing on our civil rights laws, the paper develops a regulatory framework to balance societal objectives with a rating agency’s business interests. An application to the ratings of cities’ general obligation bonds finds evidence suggesting redlining-type behavior. This analysis supports the need for regulation of municipal bond [...]
Does auditor independence increase the quality of financial disclosures, and is regulation necessary to realize such improvements? Conventional wisdom answers “yes!,” but lacks support from scholarly studies. We thus investigate whether auditor independence affects earnings quality in ways that prior research would have missed, and consider the efficiency-consequences of regulation that restricts auditors from producing non-audit services (NAS). Results from our research design offer stronger evidence that auditor independence increases earnings quality. Importantly, however, they offer little evidence that a client-firm’s choice of auditor independence creates externalities, and thus speak more directly against the recent Sarbanes–Oxley restriction on [...]
The willingness of individuals to engage in a harmful act may be influenced by direct personal experiences and the experiences of others, which can inform individuals about the likely consequences of their actions. In this paper, we examine how obstetricians respond to litigation. It is contended that obstetricians respond to increases in litigiousness by performing more cesarean sections. Using micro data, we examine whether physicians perform more cesareans after they or their colleagues have been contacted about a lawsuit. We observe very small, short-lived increases in cesarean section rates. It does not appear that the recent sharp rise in cesarean section rates is in direct response to [...]
Many statutes are administered by administrative agencies. This paper shows that, when interpreting an ambiguous statute, administrative agencies choose between two strategies of statutory interpretation: the risky strategy, a relatively aggressive interpretation that provokes an appeal by the firm; and the safe strategy, a relatively nonaggressive interpretation that the firm complies with. The paper also shows that a change in the level of judicial deference may result in a shift from the risky strategy to the safe one, or vice versa. Therefore, contrary to the commonly held view, an increase in the level of judicial deference may result in agencies choosing a less aggressive statutory interpretation, and in more court decisions reversing agencies’ statutory [...]
This article investigates the determinants of the blockbuster punitive damages awards of at least $100 million. As of the end of 2008, there had been one hundred such awards with an average value of $3.0 billion. The U.S. Supreme Court decision in State Farm v. Campbell suggested a single-digit upper bound on the punitive damages/compensatory damages ratio, which reduced the annual number of blockbuster awards, the total annual value of blockbuster awards, and the punitive damages/compensatory damages ratio. Applying the 1:1 ratio from Exxon Shipping Co. et al. v. Baker et al. broadly would eliminate most of the blockbuster [...]
We consider the distortions that corruption generates in law enforcement. Corruption dilutes deterrence, and hence the government needs to adjust law enforcement activities appropriately. We argue that this distortion is not the only one taking place. A misalignment of goals between the government and the enforcers results in another set of agency costs by which activities that put enforcers in direct contact with criminals increase at the cost of other law enforcement activities. The paper discusses the implications of both [...]
This paper extends the economic literature on settlement and draws some practical insights on reverse payment settlements. The key contributions follow from the distinction drawn between standard settlements, in which the status quo is preserved, and injunctive settlements, w and under which reverse settlements will be observed among injunctive settlements. Reverse settlements are likely when the stakes associated with the injunction are large relative to damages and litigation costs. The analysis has broader implications for efficient remedies and legal rules. (JEL K10, K40, K41, D24, [...]
It is hypothesized that prosecution agencies that are dependent on the executive have less incentives to prosecute crimes committed by government members that in turn increases their incentives to commit such crimes. Here, this hypothesis is put to an empirical test focusing on a particular kind of crime, namely corruption. In order to test it, it was necessary to create an indicator measuring de jure as well as de facto independence of the prosecution agencies. The regressions show that de facto independence of prosecution agencies robustly reduces corruption of [...]
This paper tests whether laws that encourage bottle recycling and also increase the labor incomes of low-wage workers have the additional effect of reducing petty crime rates. A simple choice theory model of crime participation and labor supply suggests that low-wage workers may substitute time and effort away from illegal activity to legal and remunerative recycling activity. Between 1973 and 2001, eleven states and one city enacted bottle recycling laws, and this paper exploits the variation in the year of implementation of the bottle laws to measure and test for any reduction in crime rates. The results show that city-level petty crime rates in bottle law states are on average 11% lower than city-level petty crime rates in non–bottle law states. Although the primary positive benefits of recycling income go to low-income individuals, the unexpected secondary benefit of lower crime rates affects both high- and low-income individuals. (JEL Q50, [...]
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