Regulation

The Price We All Pay When Corporations Dodge Criminal Charges

Corporations can sidestep prosecution by cooperating with the government and offering up employees to avoid their own criminal liability. Ellen S. Podgor discusses two prominent reasons why the current approach to corporate criminality is inefficient.

Is Cryptocurrency a Racket?

Judge Jed S. Rakoff of the United States District Court for the Southern District of New York reflects on the history of cryptocurrency and his experience adjudicating criminal cases involving it.

Financial Regulators Must Pursue a Multidisciplinary Approach to New Technology

Crypto assets and social media are changing how finance operates. Uncertainty around the future of AI is affecting financial markets. Claudia Biancotti argues that regulators must expand their range of expertise and pursue a multidisciplinary approach to protecting society against the potential negative spillovers from these developments.

The Relevance of Citizens United After Trump-Style Populism

Fifteen years after Citizens United opened elections to corporate campaign financing, Jacob Eisler asks if the ruling remains relevant after Donald Trump won in 2016 and 2024 through small donations and social media savvy rather than traditional reliance on kingmaking donors.

How Media Concentration in the Age of Radio Prefigured Today’s Big Tech Debate

In the 1930s, staffers at the newly established Federal Communications Commission devised a novel rationale for limiting network power in radio, telephony, and the press. While much has changed since the “age of radio,” the concerns they raised inform the present-day debate over the control that social media platforms exert over public discourse, writes Richard R. John.

Don’t Dismantle America’s Audit Regulator—It’s a Strategic Asset Against China

Congress is considering eliminating the Public Company Accounting Oversight Board, the independent federal agency that “audits the auditors.” Karthik Ramanna and Nemit Shroff write...

China’s Regulatory Balancing Act

The following is an excerpt from Angela Zhang's recent book, High Wire, out at Oxford University Press. Please join the Stigler Center on April 3 at 6:30-7:30 pm CT for a conversation with Zhang, where she'll discuss High Wire with Financial Times' China Technology Correspondent Eleanor Olcott. You can register for the livestream of the event here.

Tracking SEC Movements Sheds Light on Investigatory Process and Its Impact on Firms

In new research, William Christopher Gerken, Steven Irlbeck, Marcus Painter and Guangli Zhang track the movements of Securities and Exchange Commission-associated smartphone devices to shed light on the SEC’s investigatory process and understand how office visits from its staff alter firm behavior and outcomes.

The Case for Modernizing Municipal Bond Disclosure Transparency

In this second installment of a two-part series, David Dubrow and Kent Hiteshew propose reforms to improve disclosure standards in the municipal bond market, exploring both legislative and regulatory approaches. They outline eight key guidelines for enhancing transparency and consistency in municipal offering statements, aiming to bring these disclosures into the modern era and better protect investors.

Should We Pay Regulators According to Their Performance?

Should we pay regulators according to their performance? In a new paper, Jason Chen, Jakub Hajda, and Joseph Kalmenovitz show that a pay-for-performance system has a surprising effect: it increases regulatory effort but also motivates regulators, especially the productive ones, to quit and join the private sector.

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