Ma and Sun on Insider Trading Ethics

Ma and Sun have recently argued that some forms of insider trading are ethically acceptable. We argue that the authors fail to prove three key premises of their argument, which is therefore unsound.     

The Ethics of Insider Trading Revisited

Following Manne (1966, Insider Trading and the Stock Market (New York, Free Press)) we introduce a distinction between insider trading and market manipulation on the one hand and corporate insiders versus misappropriators on the other hand. This gives rise to four types of alleged inside transactions. We argue that the literature on insider trading has often targeted inside transactions type II, III and IV but that these arguments do not necessarily hold for type I transactions. We look for consequentionalist as well as non-consequentionalist arguments against type I transactions and demonstrate that these are hard to find. Throughout the article we refer extensively to the economic literature on insider trading in order to overcome a relative divide between the economic, legal, and philosophical discussion on insider trading.

Ethical Reasoning and the Use of Insider Information in Stock Trading

The cognitive developmental theory of ethics suggests that there is a positive relationship between ethical reasoning and ethical behavior. In this study, we trained a sample of accounting and finance students in performing competitive stock trading in our state-of-the-art trading room. The subjects then performed trading of stocks under two experimental conditions: insider information, and no-insider information where significant performance-based financial awards were at stake. We also administered the Defining Issues Test (DIT). Ethical behavior, as the dependent variable was measured in a binary scale: whether the subjects used insider information for trading of stocks or not. Ethical reasoning as measured by the DIT P-score indicated statistically significant effect on ethical behavior. The results have important implications for recruitment and training of professionals engaged in the use of financial markets for securities trading.     

内部控制与内部人亲属卖出股票交易行为的市场反应--来自深市上市公司的经验证据

本文运用事件研究法分析了市场能否对内部人亲属卖出股票交易行为做出显著的反应,并探求内部控制在其中的影响。研究发现：内部人亲属在卖出股票交易中表现出了准确的市场择机能力,市场对此有着显著的负面反应;与内部控制质量高的上市公司相比,内部控制质量低的上市公司的内部人亲属能够更为成功地选择在股价大幅度上升的恰当时点卖出股票,市场对此的反应也更加强烈。     

An Experiment Testing the Determinants of Non-Compliance with Insider Trading Laws

Recent stories of corporate insiders avoiding losses and, in some cases, generating enormous personal profits as their companies crumbled have led investors to question the integrity of American business and the fairness of the United States stock markets. The SEC tries to ensure the fairness of the stock markets by making and enforcing laws against unfair practices such as insider trading. In the United States, when insiders trade stock based on non-public information, they have broken the law and betrayed the trust that has been placed in them.This study used student subjects to test the relationship between the likelihood of trading based on insider information and subjective probabilities of deterrents and motivations for insider trading. Expected gain, guilt, cynicism, and fairness of laws were the determinants that had a significant relationship with the intent to trade based on insider information. This study also found support for prospect theory with regard to insider trading. The results indicate that subjects are more likely to trade based on insider information to avoid a loss than to achieve an abnormal gain. The study also finds evidence of social desirability response bias.Additional findings of the study were that subjects did not view the determinants for themselves in a manner consistent with how they viewed those same deterrents and motivations for other people. Also, a test of the effects of gender found that certainty and social stigma were significantly higher for female respondents than for male respondents.     

The Issue of Insider Trading in Law and Economics: Lessons for Emerging Financial Markets in the World

Growth of the private sector and privatization of state companies around the world have led to the emergence of various stock markets, some of which are depicted by insider trading. Law literature uses the arguments of unfairness, breach of fiduciary rights and damage to others to define and rule against insider trading. Economic literature can be used to interpret insider trading from other perspectives. This study argues that the question of insider trading in developing markets can be resolved by the extent stock markets generate externalities and are public goods. It advocates structural changes in the developing markets and examines the conditions under which the Coase Theorem would work.     

论“市场欺诈理论”与证券内幕交易民事责任因果关系的确立及借鉴

目前内幕交易民事责任因果关系问题是我国立法中的一个空白点。理论界对此问题做过大量探讨,但涉及内幕交易因果关系的理论基础和发展趋势及我国应采用的基本观点还缺乏必要的认识,为此从我国相关立法实践出发,借鉴"市场欺诈理论"和西方国家立法、司法实践,对完善我国证券内幕交易民事责任的因果关系问题提出建设性意见。     

海洋产权交易中心的经济意义和建设构想

海洋产权交易中心的建设是我国蓝色经济区发展规划列明的重要举措,是海洋经济发展的重要制度支撑和制度创新。作为创新型的海洋产权专业交易平台,交易中心有利于推进海洋产权的界定和明晰、降低海洋产权交易成本以及满足海洋产权交易的特殊性要求。海洋产权交易中心的建设应突出产权市场的直接融资功能以及海洋产权交易的专业化、规范化和信息化原则,不断创新交易品种和交易模式,并由政府主导,企业投资,市场化运作。同时,交易中心的建设必须立足于经济发展的现实需要,从实践性和可操作性出发,采取先易后难、循序渐进的方式逐步展开。     

国有企业公司化改制中的“内部人控制”问题与企业家成长

国有企业公司化改制中的“内部人控制”问题的实质是企业经理人员在激励和约束不对称的条件下,企业家的行为扭曲。他们将自己的创新能力从市场的开拓和产品的开发等创新活动中转移到寻找制度的漏洞,利用制度的不完全性和改革的不彻底性,侵占国有资产。因此,国企改制的目的,就是要矫正企业家行为,为企业家的成长设计出相应的激励和约束机制。其中财产抵押制、年薪制和股票期权制在整合国有资产与企业家利益中具有极为重要的作用。     

Ethics on the Web: Applying Moral Decision-Making to the New Media

This paper examines the advent of the Web as a critical media tool in the promotion and sale of goods to consumers and the ethical questions it raises that are issues of public policy. We examine four traditional ethical rationales that guide organizational decision-making – utilitarianism, distributive justice, moral rights of man and relativism, further characterized as "ends-based", "equity-based", "rules-based" and "comparison-based" rationales – and we apply them to four moral dilemmas attributed to the proliferation of dot.com companies as they relate to consumer welfare. We find that ethical rationale in the New Media is largely non-existent, and where it exists, it is primarily reactive and driven by utilitarian or relativistic reasoning. We attribute this condition to the newness of the industry and to its economic context, representing, as it does, many characteristics embodied in the concept of the "perfect market." We offer some remedies to improve ethical conduct by e-business.     

Ethical Aspects of Using Government to Subvert Competition: Antidumping Laws as a Case Study of Rent Seeking Activity

This article examines the question of whether it is ethical for company officials to use the force of government to reduce or eliminate foreign competition, using the antidumping laws as a case study. This article begins with a brief examination of the U.S. antidumping laws and then examines several ethical questions related to the antidumping laws. The main question to be addressed is whether, and under what circumstances, it is ethical for domestic producers to ask government to launch an antidumping investigation against a foreign competitor. Related questions to be examined include (1) Whether it is ethical to ask the government to launch an antidumping investigation even when the domestic company making the request knows that dumping has not occurred; (2) Whether it is ethical to ask for an antidumping investigation in cases where dumping (according to the definition of dumping) has occurred, where the effect is to help domestic producers at the expense of the general public. This article examines these questions by applying both utilitarian and non-utilitarian approaches.     

Malliavin's Calculus in Insider Models: Additional Utility and Free Lunches

We consider simple models of financial markets with regular traders and insiders possessing some extra information hidden in a random variable that is accessible to the regular trader only at the end of the trading interval. The problems we focus on are the calculation of the additional utility of the insider and a study of his free lunch possibilities. The information drift—that is, the drift to eliminate in order to preserve the martingale property in the insider's filtration—turns out to be the crucial quantity needed to answer these questions. It is most elegantly described by the logarithmic Malliavin trace of the conditional laws of the insider information with respect to the filtration of the regular trader. Several examples are given to illustrate additional utility and free lunch possibilities. In particular, if the insider has advance knowledge of the maximal stock price process, given by a regular diffusion, arbitrage opportunities exist.     

Challenges for Corporate Ethics in Marketing Genetic Tests

Public discussions of ethical issues related to the biotechnology industry tend to treat “biotechnology” as a single, undifferentiated technology. Similarly, the pros and cons associated with this entire sector tend to get lumped together, such that individuals and groups often situate themselves as either “pro-” or “anti-” biotechnology as a whole. But different biotechnologies and their particular application context pose very different challenges for ethical corporate decision-making. Even within a single product category, different specialty products can pose strikingly different ethical challenges. In this paper, we focus on the single over-arching category of “genetic testing” and compare tests for disease susceptibility and drug response. We highlight the diversity of ethical challenges – grouped under the broad categories of “truth in advertising” and “protecting intellectual property” – raised by the commercialization and marketing of these technologies. By examining social and technical differences between genetic tests, and the associated corporate ethics challenges posed by their commercialization, our intent is to contribute to the nascent business ethics literature examining issues raised by the development and marketing of genetic tests. Bryn Williams-Jones is Assistant Professor in the Département de médecine sociale et préventive and a member of the Groupé de recherche en bioéthique at the Université de Montréal, Canada. An interdisciplinary scholar, Bryn employs analytic tools from applied ethics, health policy and the social sciences to deconstruct the complexity of new technologies and analyse the embedded ethical, social, and political values. Current research focuses on commercial genetic testing (disease susceptibility, pharmacogenetics), biotechnology and intellectual property rights, and conflicts of interest arising with the commercialization of university research and development of industry partnerships. Vural Ozdemir is Director of the Biomarker and Clinical Pharmacology Unit, VA Long Beach Medical Center at the School of Medicine, University of California, Irvine and Co-Chair (together with Bryn Williams-Jones) for the Ethics and Science Policy Committee of the Pacific Rim Association for Clinical Pharmacogenetics. A clinical pharmacologist, Vural’s scientific research focuses on genetic and environmental determinants of inter-individual and inter-ethnic variations in drug safety and effectiveness. Ongoing socio-ethical analyses examine, for example, the role of Mertonian standards in university knowledge-commons and resolution of conflicts arising from the dual role of academic scientists as both actors and narrators in university-industry relationships.     

Unapplied Ethics: On the Need For Classical Philosophy In Professional Ethics Education

The central claim of this essay is that thoseof us who teach applied ethics courses shouldconsider infusing those courses withdiscussions of central issues in classicalphilosophy, issues which lie beneath thesurface of contemporary ethical problems in theprofessions. I will argue that the current,widely-used approach of discussing traditionalethical theories as an introduction to andfoundation for such courses may not adequatelyserve what should be the overarching goal ofpre-professional ethics education which is toteach a kind of ethical thinking which is notto be identified exclusively with ethical``decision-making'. Such thinking, it will beargued, is both practical and theoretical innature and therefore has a greater breadth thanthe more delimited ethical decision-makingoften taught in applied ethics courses. In whatfollows, I will therefore advocate thatteachers include a substantive ``unapplied'component in professional ethics educationcourses. While I believe that my argument foran unapplied approach to professional ethicseducation is relevant to many professionalfields, I will focus on business ethicseducation.     

论产权制度的伦理意蕴

产权制度是划分和界定经济主体间利益关系的规则.它作为人们某种共同价值标准的物化形式,总是蕴涵着一定的伦理诉求.在对产权和伦理的内在关系、产权的人性基础、正义规则及其主体责任等方面比较全面深刻的解读后,发掘了产权制度的伦理意蕴.     

Using Live Cases to Teach Ethics

This paper describes a live ethics case project that can be used to teach ethics in a broad variety of business classes. The live case differs from regular cases in that it involves a current situation. Students select an on-going or current event that involves ethical violations and write a case about it. They then present their case and run a debate about the challenges and issues outlined in the case and the actions that could have or should have been taken. The dynamic project fulfills the key criteria for effective ethics education since it increases awareness of the complexity of ethical challenges, allows application of concepts, creates a personal emotional engagement in the case, is relevant, holds students accountable for their position, and creates a setting that encourages students to think critically about ethics.Dr. Victoria McWilliams is Professor of Finance in the College of Commerce and Finance at Villanova University. Her areas of interest include pedagogical issues, as well as corporate governance and control. She has distinguished herself for her ability to provide high quality, innovative business education, and for her outstanding leadership achievements at various academic institutions.Dr. Afsaneh Nahavandi is a management faculty at the School of Global management and Leadership at Arizona State University’s West campus. Her areas of interest include leadership, teams, and culture. She has been director of the MBA program at the West campus of ASU, director of the University College, and associate dean of the ASU University College since July 2006.     

排污权交易下对企业激励机制的分析

在法律严明且具有良好执行力的情况下,通过法律对排污权的严格界定并对排污权进行维护,产权能够对排污企业产生良好的激励作用。而在法律不完善或缺乏执行力的情况下,在初始排污权分配和政府的监管环节中,很容易形成排污企业与政府有关部门的共同利益,从而产生寻租行为。要建立和完善排污权交易市场首先要完善相关法律,同时加强第三方监管,加强舆论监督,建立完善的信息公开机制,避免寻租行为的发生。     

The Effectiveness of Corporate Ethics On-site Visits for Teaching Business Ethics

This paper describes and reports the evaluation ofusing corporate ethics field site visits in a businessethics course. The dilemma of how to design ameaningful business ethics course has been the subjectof debate for business school ethics instructors andis reviewed here. The structure of the site visitsand how student work is evaluated is presented. Twostudies evaluating the field site visits were done. The first study utilized qualitative methods toevaluate students' reactions as well as comments fromthe corporate ethics officers who host the visits. The second study utilized a pretest-posttest surveydesign to quantitatively evaluate student reactions tothe site visits. Results showed a statisticallysignificant, positive change in students' attitudes. This effect was moderated by gender, showing astronger positive effect for females than for males.     

Intellectual Property Rights and Chinese Tradition Section: Philosophical Foundations

Western attempts to obtain Chinese compliance with intellectual property rights have a long history of failure. Most discussions of the problem focus on either legal comparisons or explanations arising from levels of economic development (based primarily on the example of U.S. disregard for such rights during the 18th and 19th centuries). After decades of heated negotiation, intellectual property rights is still one of the major issues of misunderstanding between the West and the various Chinese political entities. This paper examines the sources of this problem from the standpoint of traditional Chinese social and political philosophy (specifically Neo-Confucianism). It points out that the basic assumptions about the nature of intellectual property, which arose during the 17th and 18th centuries in Europe, are fundamentally at odds with the traditional Chinese view of the role of intellectuals in society. It suggests that policies which do not take these differences into account, but which attempt to transfer Western legal concepts without the underlying social constructs are responsible for much of the lack of success in the area of intellectual property rights.Dr. Lehman is professor of Business Administration at the University of Alaska Fairbanks, where he also holdsan appointment in the Department of Philosophy in East Asian philosophy, and serves as Director of International Programs     

Trust and Dialogue: Theoretical Approaches to Ethics Auditing

The aim of this paper is to put forward an ethical framework for the conceptualization and development of ethics audits, here understood as a catalyst for company dialogue and in general, for management of ethics in the company. Ethics auditing is understood as the opportunity and agreement to devise a system to inform on ethical corporate behavior. This system essentially aims to increase the transparency and credibility of the companys commitment to ethics. At the same time, the process of elaborating this system allows us to introduce the moral dimension into company actions and decisions, thereby completing a key dimension of the production, maintenance and development of trust capital. To this end, the following four steps are taken. First, we analyze the relation between ethics auditing and trust as a basic moral resource in the dialogue between the company and its various stakeholders. Second, we examine the social balance sheet as a precursor to ethics auditing and focus on what prevents it from going further. Third, we attempt to reconstruct the basic moral assumptions underlying the companys social responsibility from the discourse ethics approach. Finally, we present a methodological framework from which to carry out our proposal, which embraces two basic theoretical perspectives stakeholder theory and the values derived from discourse ethics as a normative framework.