Pollution abatement with limited enforcement power and citizen suits

Federal environmental laws in the U.S. can be enforced by government agencies or by private parties through citizen suits against polluters. Here, I extend the standard enforcement model to examine the role played by citizen suits. The main results from the paper suggest that in a model with limited enforcement power and citizen suits the regulator fully exercises his enforcement power when the expected penalty from a citizen suit is low, but increases his reliance on citizen suits as the expected penalty rises. Whether an enforcement regime that allows private enforcement is efficient depends not only on the relative costs of private and agency enforcement, but also on the changes in inspection costs that may be caused by private enforcement and the expected penalty from losing a citizen suit. These results suggest that in practice private enforcement may lower social costs as long as relatively inexpensive agency enforcement options, such as administrative proceedings, do not preclude citizen suits.      

Monitoring,Appeal, and Investigation: The Enforcement and Legal Process

In this article, I consider a model of law enforcement in which a regulatory agency faces the following problem: To induce firms which are required to adopt a certain level of environmental care, the agency can make spot checks. This monitoring, however, measures a firms degree of protection only with error. On the basis of the observed signal, the agency then has to decide whether or not to fine a firm for taking insufficient protection. If it fines a firm which has actually met the level of environmental protection, the firm has the right to lodge an appeal. To plead the cause, the agency then is required to investigate at high cost the actual degree of the firms protection.In this context we ask how the regulatory agency allocates resources between different enforcement activities. We show how the structure of the optimal enforcement policy depends on the cost of the enforcement activities, on the uncertainty of observation, on its enforcement budget and other factors.     

The Tax Man Cometh: Constitutional Principles for Tax Enforcement

Passage of an Internal Revenue Service (IRS) overhaul bill in 1998 reflects the depth of American taxpayer frustration with the agency. We bring a constitutional, or rules of the game, perspective to tax enforcement. We examine political costs and benefits and agency discretion as reasons why tax enforcement by the government might deviate from the preferences of a representative citizen. We also examine prospects for reform. Lasting reform must alter the rules for deciding tax enforcement policy or the political pressures which yield excessive enforcement today will reemerge in the future.     

MARGINAL DETERRENCE THROUGH AMBIENT ENVIRONMENTAL INSPECTIONS

We consider the enforcement of an environmental standard if the probabilities of inspection are determined by an inspection agency who permanently monitors ambient pollution. This monitoring creates strategic interactions between polluters, which imply that the probability of inspection is increasing in the transgression level. These interactions also imply that marginal deterrence is possible, even with penalties that are not increasing in the transgression levels.     

Board size,corporate regulations and firm valuation in an emerging market: a simultaneous equation approach

We investigate the association between board size and firm valuation for a sample of 169 firms from 2002 to 2011 in South Africa (SA). The SA corporate context is interestingly and uniquely characterised by an urgency to meet affirmative action regulations, such as black empowerment in board appointments, limited qualified and experienced directors, especially black directors, concentrated ownership, weak enforcement of corporate regulations and greater government ownership. These features make SA corporate boards perform a weaker agency (advisory, monitoring and disciplining) role than Western European and US boards, but a stronger resource dependence role, by providing access to resources, such as business contacts and contracts. This suggests that any positive impact of board size on firm valuation is likely to depend on the effective execution of the resource dependence role more than the agency role. Our results suggest that board size has a positive association with firm valuation, consistent with larger boards providing better access to resources. Overall, our results support the resource dependence role of boards more than their agency role. The results are robust across a raft of econometric models that control for different types of endogeneity, as well as different types of accounting and market-based firm valuation measures.     

Non‐Governmental Public Norm Enforcement in Large Societies as a Two‐Stage Game of Voluntary Public Good Provision

In small groups, norm enforcement is achieved through mutual punishment and reward. In large societies, norms are enforced by specialists such as government officials. However, not every public cause is overseen by states, for instance those organized at the international level. This paper shows how nongovernmental norm enforcement can emerge as a decentralized equilibrium. As a first stage, individuals voluntarily contribute to a nongovernmental agency that produces an incentive system. The second stage is the provision of a public good on the basis of private contributions. The incentive system increases contributions by means of public approval or disapproval of behavior. It is shown that, even in large populations, nongovernmental norm enforcement can be supported in a noncooperative equilibrium of utility‐maximizing individuals. This result is in sharp contrast to those obtained in the standard situation of voluntary provision of an intrinsic public good which—without altruism or related motives—is eroded by free‐riding. Reliance on altruistic behavior is not required in supplying the second‐order public good “norm enforcement” in large societies.     

Organizational transparency and power in firm ownership networks

When public institutions do not support information disclosure and contract enforcement, controlling owners may compensate by setting up ownership networks that facilitate the exchange of resources and alignment of interests. We examine how firms’ controlling owners draw power from ownership networks to provide access to resources for or to expropriate resources from their firms. Horizontal power originates from network centrality and is associated with resource access whereas vertical power originates from principal-principal agency conflicts and is associated with exploitation of minority shareholders. We highlight the impact of horizontal and vertical power through their interaction effects with transparency and disclosure (TD) practices on fixed investments and performance in Russian firms. We find that TD and horizontal power or connectedness are substitutes, while whereas TD and vertical power are complements in their effects on fixed investment and firm performance. Without a strong commitment to TD, powerful owners may thus deprive the firm of productive investments.     

Agency Structure and Firm Culture: OSHA, EPA, and the Steel Industry

We compare models of Occupational Safety and Health Administration(OSHA) and Environmental Protection Agency (EPA) enforcementand compliance for steel plants during the 1980s. We find thatOSHA and EPA respond similarly to plant-level compliance andmeasures of hazardousness, but differently to firm-level complianceand risks of plant closing, and we relate the differences tothe agencies' differing organizational structures. Plant-levelcompliance is affected by enforcement pressure, compliance costs,and the firm's overall compliance behavior in similar ways forthe two regulatory areas, but environmental compliance was alsosensitive to plant size and risk of closing. Finally, we findthat the likelihood that a plant was in compliance with oneagency seemed at most weakly related to whether it was in compliancewith the other, but that plants likely to receive enforcementattention from one agency were also more likely to receive enforcementattention from the other agency.     

Environmental Enforcement with Endogenous Ambient Monitoring

We consider an inspection game between n polluting firms and an environmental enforcement agency. If the cost of monitoring ambient pollution is low enough, the optimal inspection policy consists in imposing the maximal possible fine, and mixing between observing ambient pollution and not conducting any inspection at all. However, with stringent upper limits on the fine, the agency mixes between observing ambient pollution and inspecting all firms. The observation of ambient pollution is always followed by sequentially rational firm inspections. Comparisons with Franckx (2002a, Journal of Environmental Economics and Management 43, 71–92, 2002b, Topics in Economic Analysis Policy 2(1), Article 1) show that commitment power has a very strong impact on the value of prior information.     

Games with Partially Enforceable Agreements

This paper analyzes games with imperfectly enforceable agreements. It develops a dynamical model in which players are randomly paired into single shot games at each moment. Initially players decide whether to honor an agreement, and then they choose whether to complain to an enforcement agency. The probability of success of a complaint is endogenous; it depends upon whether the defendant breached and upon the aggregate behavior of all players. In the most interesting equilibria of the dynamical system some individuals honor and some individuals complain while others do not, and the net effect of the existence of an enforcement agency is positive.Journal of Economic LiteratureClassification Number: C72.     

A structural event study for M&As: an application in corporate governance

We apply structural event study methodology in the context of corporate governance to account for the interaction of two merger and acquisition (M&A) effects: synergy (total value) and dominance (bargaining power). The interaction of these effects simultaneously determines the parties’ abnormal returns. We posit that M&A synergy effects correspond to changes in agency costs between target’s management and target’s shareholders, while the dominance effects correspond to the balance of power between acquirer and target during negotiations. Our structural estimates suggest that more stable or entrenched directors generate higher value during normal operations but are softer negotiators when their firm becomes an acquisition target.     

Private enforcement,corruption, and antitrust design

We examine how the rationale for enabling versus precluding private antitrust enforcement depends on whether antitrust enforcement is corruption-free or plagued by corruption. Corruption in courts affects the incentives to bring forth private antitrust lawsuits. This, in turn, along with corruption in antitrust agency enforcement, alters the incentives to commit antitrust violations. The social welfare effect of enabling private antitrust enforcement in the presence of corruption depends on whether corrupt officials in the ensuing bribery contests favor a particular firm and if so which one and to what extent. Under some circumstances, corruption actually increases the social desirability of private antitrust enforcement relative to the no-corruption scenario. Our analysis highlights that the effects of a given legal arrangement for antitrust enforcement critically depend on the corruption environment and, thus, that the appropriate design of antitrust institutions is context-specific.     

控股股东、实际控制权与小股东权益保护

股权集中型公司是现代公司的主流组织形态之一,其代理成本主要产生于控股股东与小股东之间存在的利益冲突.通过发行多种类股票、交叉持股和金字塔式控股等方式,控股股东能够获取比与其股权份额相对应的名义控制权更大的实际控制权,因而更容易发生以侵害小股东权益作代价追求控制权私下收益的道德风险行为,致使代理成本高昂.声誉机制和法律手段能够迫使控股股东收敛侵占行为,且法律手段较声誉机制更为有效.在中国,声誉机制对控股股东基本不起作用,保护小股东权益的最为有效的措施是完善相关立法并加大执法力度.     

Optimal dynamic risk sharing when enforcement is a decision variable

Societies provide institutions that are costly to set up, but able to enforce long-run relationships. We study the optimal decision problem of using self-governance for risk sharing or governance through enforcement provided by these institutions. Third-party enforcement is modelled as a costly technology that consumes resources, but permits the punishment of agents who deviate from ex ante specified allocations. We show that it is optimal to employ the technology whenever commitment problems prevent first-best risk sharing and fixed costs are sufficiently low, but never optimal to provide incentives exclusively via this technology. Commitment problems then persist and the optimal incentive structure changes dynamically over time with third-party enforcement monotonically increasing in the relative inequality between agents.     

Dynamic Law Enforcement with Learning

This article modifies a standard model of law enforcement toallow for learning by doing. We incorporate the process of enforcementlearning by assuming that the agency's current marginal costis a decreasing function of its past experience of detectingand convicting. The agency accumulates data and information(on criminals, on opportunities of crime), enhancing the abilityof future apprehension at a lower marginal cost. We focus onthe impact of enforcement learning on optimal compliance rules.In particular, we show that the optimal fine could be less thanmaximal and the optimal probability of detection could be higherthan otherwise. It is also suggested that the optimal imprisonmentsentence could be higher than otherwise.     

Environmental regulation: choice of instruments under imperfect compliance

Compliance is an important issue in environmental regulation. We discuss some of the key elements of the problem and analyze a situation where emissions are not random and firms are risk-neutral. We study the firm’s decision on emissions and compliance when the environmental regulation is based on standards and the enforcement agency audits the firm with a certain probability. We compare total emissions when environmental regulation is based on different instruments: standards, taxes, and tradable permits. We show that when compliance is an issue, environmental taxes are superior to the other instruments, and we analyze the (static) efficiency of the solution. This paper originated from the AEE/REE presidential address for the XXX Simposio de Análisis Económico (Murcia 2005). It builds on the research project on optimal enforcement in environmental problems done in collaboration with David Pérez-Castrillo. I would like to thank David Pérez-Castrillo and Pau Olivella for their useful comments. I gratefully acknowledge the financial support from the Ministerio de Ciencia y Tecnología (BEC2003-01132) and the Generalitat de Catalunya (Barcelona Economics - CREA and 2005SGR-00836).     

Evolution of U.S. Household Agency Over Stages of Capitalism

We suggest ways to explore household agency over stages of capitalism as delineated by Hyman Minsky. We make a distinction between households as institutions and going concerns. Furthermore, we delineate two levels of household agency: (i) household going concerns operating through the institution of the household, and (ii) household going concerns operating through other institutions, such as the state and the business enterprise. Those layers of household agency are especially salient in money manager capitalism, where there is an illusionary agency for most households, and where actual agency increases mostly for those households that are able to operate as agents outside of the household institution.     

Enforcement of Intellectual Property,Pollution Abatement,and Directed Technical Change

We theoretically investigate the interaction between endogenous enforcement of intellectual property rights (IPRs) and tax-financed pollution abatement measures. IPRs affect dirty and clean intermediates alike such that higher IPR enforcement may promote the transition to the clean technology, if this technology is productive enough. If the green technology is relatively unproductive, higher IPRs promote the dirty technology while pollution is increasing. As households are due to subsistence consumption subject to a hierarchy of needs, the level of IPR enforcement as well as the level of abatement measures depends on the state of technology and is increasing during economic development. Thus, if the incentive to enforce IPRs is low the level of abatement measures is also low. This argument provides a theoretical foundation for the observed clash of interests in international negotiation rounds regarding the harmonization of IPR protection and actions to combat climate change.     

The Interaction of Legal and Social Norm Enforcement

Although legal sanctions are often nondeterrent, we frequently observe compliance with “mild laws.” A possible explanation is that the incentives to comply are shaped not only by legal, but also by social sanctions. This paper employs a novel experimental approach to study the link between legal and social norm enforcement. We analyze whether the two institutions are complements or substitutes. Our results show that legal sanctions partially crowd out social norm enforcement. Mild laws nevertheless give scope for a potentially large, positive welfare effect, as a higher level of compliance is achieved at lower social enforcement costs.     

Property Rights,Public Enforcement,and Growth

We study the link between public enforcement of property rights, innovation investments, and economic growth in an endogenous growth framework with an expanding set of product varieties. We find that a government can assure positive equilibrium growth through public employment in the enforcement of property rights, if the economic environment is sufficiently favorable to growth and/or if public enforcement is sufficiently effective. However, in terms of welfare, an equilibrium path without property‐rights protection and growth might be preferable. In this case, the enforcement of property rights involves too much reallocation of labor from production and research towards the public sector.