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Private Politics and Public Regulation

Review of Economic Studies 2017 84(4), 1652-1682 open access
Public regulation is increasingly facing competition from “private politics” in the form of activism and corporate self-regulation. However, its effectiveness, welfare consequences, and interaction with public regulation are poorly understood. This article presents a unified dynamic framework for studying the interaction between public regulation, self-regulation, and boycotts. We show that the possibility of self-regulation saves on administrative costs, but also leads to delays. Without an active regulator, firms self-regulate to preempt or end a boycott and private politics is beneficial for activists but harmful for firms. With an active regulator, in contrast, firms self-regulate to preempt public regulation and private politics is harmful for activists but beneficial for firms. Our analysis generates a rich set of testable predictions that are consistent with the rise of private politics over time and the fact that there is more self-regulation and activism in the U.S., while public regulation continues to be more common in Europe

Accounting for banks, capital regulation and risk-taking

Journal of Banking & Finance 2017 74, 102-121 open access
This paper examines risk-taking incentives in banks under different accounting regimes in presence of capital regulation. In the model the bank jointly determines the capital issuance and investment policy. Given an exogenous minimum capital requirement, lower-of-cost-or-market accounting is the most effective regime that induces the bank to issue more excess equity capital above the minimum required level and implement less risky investment policy. However, the disciplining role of lower-of-cost-or-market accounting may discourage the bank from exerting project discovery effort ex-ante. From the regulator’s perspective, the accounting regime that maximizes the social welfare is determined by a tradeoff between the social cost of capital regulation and the efficiency of the bank’s project discovery efforts. When the former effect dominates, the regulator prefers lower-of-cost-or-market accounting; when the latter effect dominates, the regulator may prefer other regimes

The contribution of bank regulation and fair value accounting to procyclical leverage

Review of Accounting Studies 2017 22(3), 1423-1454 open access
Our analysis of how banks’ responses to asset price changes can result in procyclical leverage reveals that, for banks with a binding regulatory leverage constraint, absent differences in regulatory risk weights across assets, procyclical leverage does not occur. For banks without a binding constraint, fair value and bank regulation both can contribute to procyclical leverage. Empirical findings based on a large sample of U.S. commercial banks reveal that bank regulation explains procyclical leverage for banks relatively close to the regulatory leverage constraint and contributes to procyclical leverage for those that are not. We also show that fair value accounting does not contribute to procyclical leverage

Assessing targeted macroprudential financial regulation: The case of the 2006 commercial real estate guidance for banks

Journal of Financial Stability 2017 30, 209-228
In January 2006, federal regulators issued guidance requiring banks with specific high concentrations of commercial real estate (CRE) loans to tighten managerial controls. This paper shows that banks with concentrations in excess of the thresholds set in the guidance subsequently experienced slower growth in their CRE portfolios than can be explained by changes in bank or economic conditions. Moreover, banks above the CRE thresholds tended to have slower commercial and industrial loan growth but faster household loan growth following issuance of the guidance. The results highlight the potentially broad influence that portfolio-based macroprudential regulation might have on bank behavior

Economic Development and the Regulation of Morally Contentious Activities

American Economic Review 2017 107(5), 76-80
The regulation of many activities depends on whether societies consider them morally controversial or “repugnant.” Not only have regulation and related ethical concerns changed over time, but there is also heterogeneity across countries at a given time. We provide evidence of this heterogeneity for three morally contentious activities, abortion, prostitution, and gestational surrogacy, and explore the relationship between a country's economic conditions and how these activities are regulated. We propose a conceptual framework to identify mechanisms that can explain our findings (including the role of non-economic factors), and indicate directions for future research

Measuring the Stringency of Land Use Regulation: The Case of China's Building Height Limits

The Review of Economics and Statistics 2017 99(4), 663-677 open access
This paper develops a new approach for measuring the stringency of a major form of land use regulation, building height restrictions, and applies it to an extraordinary data set of land-lease transactions from China. Our theory shows that the elasticity of land price with respect to the floor area ratio (FAR), a building height indicator, is a measure of the regulation's stringency (the extent to which FAR is kept below the free-market level). Using a national sample, estimation allowing this elasticity to be city-specific shows variation in the stringency of FAR regulation across Chinese cities. Single-city estimation for Beijing shows that stringency varies with site characteristics

Banking and the Evolving Objectives of Bank Regulation

Journal of Political Economy 2017 125(6), 1812-1825 open access
Views on the role played by banks in the economy have evolved greatly over the last 125 years, as have arguments on the need, as well as the best way, to regulate them. Some of the key insights in the debate have been published in the Journal of Political Economy. In what follows, we will outline the main contributions to the debate in recent years, with an emphasis on work done at the University of Chicago or published in the JPE. We want to emphasize work that has relevance today, but despite this caveat, we will probably end up doing injustice to work published long ago. We begin with a framework for organizing the theories of intermediation. We then draw out the implications for what the theories say about regulation and note that in many respects the motivation for regulation has been only loosely tied to the theory of intermediation. We close with some open questions for regulators and economists interested in banking. We do not survey the research that has followed up on work published in the JPE, nor will we attempt to provide a detailed overview of the entire academic literature on banking. For that, we refer the reader to the excellent work by Gorton and Winton (2003) and Freixas and Rochet (2008

Performance volatility, information availability, and disclosure reforms

Journal of Banking & Finance 2017 75, 35-52
Using the 2002 Sarbanes–Oxley reform as an exogenous disclosure shock, we find that high, relative to low, volatility firms opt for lower levels of information availability pre reform and experience increases in information availability, CEO turnover-to-performance sensitivity, myopic behavior, CEO compensation with a structure tilted towards more cash pay, and a reduction in firm value post the reform. Our findings suggest that mandating high levels of information availability across the board increases managerial evaluation risk and produces additional agency costs for firms with volatile performance.

Real effects of bank capital regulations: Global evidence

Journal of Banking & Finance 2017 82, 217-228
We examine the effect of the full set of bank capital regulations (capital stringency) on loan growth, using bank-level data for a maximum of 125 countries over the period 1998–2011. Contrary to standard theoretical considerations, we find that overall capital stringency only has a weak negative effect on loan growth. In fact, this effect is completely offset if banks hold moderately high levels of capital. Interestingly, the components of capital stringency that have the strongest negative effect on loan growth are those related to the prevention of banks to use as capital borrowed funds and assets other than cash or government securities. In contrast, compliance with Basel guidelines in using Basel- and credit-risk weights has a much less potent effect on loan growth

The location of financial sector FDI: Tax and regulation policy

Journal of Banking & Finance 2017 78, 14-26
This paper analyzes how corporate taxation and regulatory requirements affect the location of financial sector FDI. We use novel information on new financial services entities established by multinational firms in 83 host countries. We find a negative effect of host country taxes on the probability of choosing a particular host location. We can also confirm a significant influence of the regulatory environment. For example, stricter (equity) capital requirements negatively affect location probabilities. Our empirical approach allows us to provide new insight in how a policy measure of a given country affects other countries by estimating cross-country tax and regulation elasticities