{"title":"A Model of Stock-Market-Based Rulemaking","authors":"Lee Y.","doi":"10.1093/aler/ahaa011","DOIUrl":null,"url":null,"abstract":"<span><div>Abstract</div>We consider the extent to which a government regulator can harness information about a proposed rule from observing the stock price movements of the affected firms—information the regulator may in turn use to deliberate <span style=\"font-style:italic;\">whether</span> to adopt the rule. The rule comes with an uninformed <span style=\"font-style:italic;\">ex ante</span> (expected) value, which can be positive or negative. We find that if the rule’s <span style=\"font-style:italic;\">ex ante</span> value is positive and the regulator fully relies on the aggregate market reaction to guide its decision, then with many firms in the market, prices will exhibit maximal informativeness. When the <span style=\"font-style:italic;\">ex ante</span> value is negative, however, the regulator’s reliance on the market will dampen speculators’ incentives to gather information, and prices will become completely uninformative. This latter effect, however, can be mitigated if the regulator’s reliance is only partial. We also consider the presence of stakeholders who may be motivated to manipulate the market to steer the regulator toward privately beneficial outcomes. We find that with many firms in the market, such stakeholders’ incentives to manipulate will dissipate. The theoretical findings of this article suggest the potential benefits of a stock-market-based rulemaking mechanism in the absence of other forms of reliable empirical evidence.</span>","PeriodicalId":46133,"journal":{"name":"American Law and Economics Review","volume":"21 1","pages":""},"PeriodicalIF":1.0000,"publicationDate":"2021-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"American Law and Economics Review","FirstCategoryId":"96","ListUrlMain":"https://doi.org/10.1093/aler/ahaa011","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ECONOMICS","Score":null,"Total":0}
引用次数: 0
Abstract
We consider the extent to which a government regulator can harness information about a proposed rule from observing the stock price movements of the affected firms—information the regulator may in turn use to deliberate whether to adopt the rule. The rule comes with an uninformed ex ante (expected) value, which can be positive or negative. We find that if the rule’s ex ante value is positive and the regulator fully relies on the aggregate market reaction to guide its decision, then with many firms in the market, prices will exhibit maximal informativeness. When the ex ante value is negative, however, the regulator’s reliance on the market will dampen speculators’ incentives to gather information, and prices will become completely uninformative. This latter effect, however, can be mitigated if the regulator’s reliance is only partial. We also consider the presence of stakeholders who may be motivated to manipulate the market to steer the regulator toward privately beneficial outcomes. We find that with many firms in the market, such stakeholders’ incentives to manipulate will dissipate. The theoretical findings of this article suggest the potential benefits of a stock-market-based rulemaking mechanism in the absence of other forms of reliable empirical evidence.
期刊介绍:
The rise of the field of law and economics has been extremely rapid over the last 25 years. Among important developments of the 1990s has been the founding of the American Law and Economics Association. The creation and rapid expansion of the ALEA and the creation of parallel associations in Europe, Latin America, and Canada attest to the growing acceptance of the economic perspective on law by judges, practitioners, and policy-makers.