A property rights approach to legislative delegation

This paper applies the property rights theory to study both positive and normative aspects of legislative delegation in a setup where interest groups directly influence lawmaking by initiating regulatory bargaining. A self-interested legislature choosing between the direct exercise of its legislative authority and delegation to an administrative agency must therefore trade off the value of bureaucratic competence against bureaucratic drift and, importantly, loss of control over bargaining. Our analysis, first, clarifies when the legislature’s choice between delegation and no delegation is socially efficient or socially inefficient; second, highlights the role of political bargaining and shows that precluding interest group influence through bargaining may actually increase the scope for socially inefficient outcomes; and, third, illustrates the model’s predictions in light of selected stylized facts and the practice of scant empirical work on legislative delegation.     

Efficient Delegation by an Informed Principal

Motivated by examples from the automobile industry, insurance, retailing, and multinational strategy, we study an organizational structure we refer to as "partial delegation." In a bargaining problem between an informed party and an uninformed party, partial delegation involves the informed party delegating bargaining to an agent while retaining control of its private information. We show that partial delegation enables the informed party to earn information rents without creating quantity distortions. First‐best quantities are traded in equilibrium. We argue that partial delegation allows an informed party to implement efficient trade with outside parties by endogenously improving its bargaining power.     

An assessment of the effect of partisan ideology on shale gas production and the implications for environmental regulations

The production of shale gas depends not only on shale resources and capital investment but also on having a flexible and stable policy environment. This paper examines whether and how partisan ideology affects the extraction of shale gas. We use panel fixed effects as well as the system–generalized method of moments approach with quarterly panel data from 15 US states over the period 2007−2016. We consider not only the political ideology of the state governor but also the state legislature’s influence on the governor, control over the governorship and the legislature by the same party, the reelection of an incumbent government, and turnover in the political party in power. The results indicate that because the right-leaning party is more likely to support shale gas development, when a member of that party heads the state government, shale gas production performance is higher than when the left-leaning party is in power. Therefore, the production of shale gas rises with a turnover in political control from left to right, reelection of a right-leaning incumbent, and more right-leaning power in the state legislature. We believe our results shed light on the role of partisan ideology in shale gas production, which has implications for environmental regulations.     

Trading bargaining weights

We consider a model, in which two agents are engaged in two separate bargaining problems. We introduce a notion of bargaining weights (bargaining power), which is basically given by asymmetric versions of the Perles–Maschler bargaining solution. Thereby, we view bargaining power as ordinary goods that can be traded in an exchange economy. With equal initial endowment of bargaining power there exists a Walrasian equilibrium in this exchange economy such that the utility allocation in equilibrium coincides with the Perles–Maschler bargaining solution of the aggregate bargaining problem. Equilibrium prices are given by the primitives of the two bargaining problems.     

Trading bargaining weights

We consider a model, in which two agents are engaged in two separate bargaining problems. We introduce a notion of bargaining weights (bargaining power), which is basically given by asymmetric versions of the Perles–Maschler bargaining solution. Thereby, we view bargaining power as ordinary goods that can be traded in an exchange economy. With equal initial endowment of bargaining power there exists a Walrasian equilibrium in this exchange economy such that the utility allocation in equilibrium coincides with the Perles–Maschler bargaining solution of the aggregate bargaining problem. Equilibrium prices are given by the primitives of the two bargaining problems.     

The relationship between product market competition and unemployment with profit sharing

We investigate the implications of product market imperfections on negotiated wages and equilibrium unemployment under profit sharing. We show that intensified product market competition reduces equilibrium unemployment in a strictly monotonic way when the trade union's bargaining power exceeds the profit share. If the profit share exceeds the trade union's bargaining power, the effect of product market competition is ambiguous: there is a threshold for the benefit–replacement ratio above (below) which intensified product market competition increases (decreases) equilibrium unemployment. The profit share and the union's bargaining power affect the wage mark-up, and thereby equilibrium unemployment, in different directions.     

The Consequences of Appointment Methods and Party Control for Telecommunications Pricing

While the economic approach to the politics of regulation emphasizes the importance of organized economic interests in shaping policies, political institutions in which regulatory agencies are embedded may also have significant effects. By including both economic influences and characteristics of political institutions in a model of price setting by state regulators, this paper demonstrates that both shape regulatory behavior in the telecommunications industry. Whether commissioners are elected or appointed, whether they face confirmation by a legislature, and whether a single party controls both executive and legislative branches of state governments influence the level of prices charged for basic services.     

Endogenous scope of bargaining in a union–oligopoly model: when will firms and unions bargain over employment?

The scope of firm–union bargaining is shown to be endogenously determined in a union–oligopoly model with decentralized negotiations. If the unions' power is sufficiently high, all bargaining units choose to negotiate over wages alone, i.e., universal right-to-manage bargaining emerges in equilibrium. Otherwise, wage/employment bargaining and right-to-manage bargaining coexist in the same industry. In equilibrium, some firm–union pairs will always choose to bargain over employment as well, since the firms become Stackelberg leaders in the market by committing to a particular output during the negotiations. The firms and their unions both benefit from the additional Stackelberg rents, provided that the unions' power is small enough. Our analysis suggests that there is not necessarily a negative relationship between unions' power and sectoral employment rates.     

Threats and bargaining in capitalism a differential game view

The paper examines the Nash bargaining equilibrium in a simple model of growth and distribution formulated as a differential game between workers, who may save or consume, and capitalists, who may consume or invest. Optimal threats announced by the social classes to affect the negotiated solution to their own advantage are also derived. It is demonstrated that the workers' threat takes the form of refusing to save while capitalists threaten to refrain from investing. The threats as well as the possible gains from cooperation determine the players' relative importance or bargaining power. It is shown that capitalists are in general in a stronger bargaining position than workers. The dependence of the bargaining power on the parameters of the model is examined.     

The efficacy and efforts of interest groups in post elections policy formation

This paper presents a new model of interest groups and policy formation in the legislature. In our setting, the already given party ideological predispositions and power distribution determine the expected policy outcome. Our analysis applies to the case of un-enforced or enforced party discipline as well as to two-party and multi-party (proportional representation) electoral systems. The interest groups’ objective is to influence the outcome in their favor by engaging in a contest that determines the final decision in the legislature. Our first result clarifies how the success of an interest group hinges on the dominance of its ideologically closer party and, in general, the coalition/opposition blocks of parties under un-enforced party or coalition/opposition discipline. Such dominance is defined in terms of ideological inclination weighted by power. Our second result clarifies how the success of an interest group hinges on the dominance of its ideology in the ruling coalition (party) in a majoritarian system with enforced coalition (party) discipline. We then clarify under what condition an interest group prefers to direct its lobbying efforts to two parties or the two coalition and opposition blocks of parties under un-enforced discipline rather than to the members of the ruling coalition (party) under enforced discipline. The lobbying efforts under un-enforced and enforced party discipline are also compared. Finally, we clarify the effect of ideological predispositions and power on the efforts of the interest groups.     

Recursive Nash bargaining over a productive asset

We propose an equilibrium concept (the recursive Nash bargaining solution) that describes the outcome of repeated negotiations between two rational agents under the assumptions that the state of the economic system under consideration changes according to the actions of the players and that neither party can make binding commitments to future behavior. This equilibrium is dynamically consistent but typically not Pareto-efficient. As an application, we compute the recursive Nash bargaining solution in a model of two heterogeneous agents bargaining over the use of a productive asset with constant gross rate of return and study how the time-preference rates and the elasticities of substitution affect the solution.     

地方立法起草制度研究——以法经济学为视角

自《立法法》规定地方立法机关具有一定立法权限以来,各地制定了相应的立法程序制度,但具体到立法起草制度却规定甚少。学界和地方立法实务中对地方立法起草阶段的成本和效益的研究普遍重视不足,导致地方立法应实现的目标和收益大打折扣。因此,要完善和提高地方立法的质量,就应规范和完善地方立法起草制度,让地方人大发挥其主导作用,对现存的地方立法起草制度规范化和制度化。     

土地市场中开发商行贿的动态演化研究

采用数理方法和博弈理论,研究土地市场中开发商行贿的特点、条件及博弈路径。研究发现：（1）开发商行贿的博弈情形取决于参与者一开发商、官员的策略组合;（2）开发商行贿的博弈要素主要包括议价权和效用函数;（3）开发商行贿的博弈路径呈现出动态变化和均衡差异。由此认为开发商行贿基于反复的讨价还价,博弈要素的不同配置伴随着规划调整和商谈的进程,而且开发商行贿带有动态演化的特征,“知己知彼”的熟知程度和市场运行的发展态势从主观与客观方面决定了博弈的均衡状态。     

Price versus Quantity in a Duopolistic Market with Bargaining over Managerial Delegation Contracts

This paper studies the endogenous choices of strategic contracts in a duopoly with bargaining between the owner and manager of each firm over the content of the managerial delegation contract. We show that when the bargaining power of the manager relative to that of the owner within each firm is sufficiently high, quantity competition based on the quantity contracts chosen by the owners of both firms can be uniquely observed in the equilibrium, whereas quantity competition and price competition can be observed in the equilibrium when this relative bargaining power is sufficiently low. Copyright © 2015 John Wiley & Sons, Ltd.     

Weighted representative democracy

We propose a new system of democratic representation. Any voter can choose any legislator as her representative; thus, different legislators can represent different numbers of voters. Decisions in the legislature are made by weighted majority voting, where the weight of each legislator is determined by the number of voters she represents. We show that, if the size of the electorate is very large, then with very high probability, the decisions obtained in the legislature agree with those which would have been reached by a popular referendum decided by simple majority vote.     

The role of the separation of democratic powers on structural transformation in Sub-Saharan Africa

The objective of this paper is to assess the effects of the separation of democratic powers on structural transformation in sub-Saharan Africa (SSA). Indeed, reducing the dependence of the judiciary and the legislature on the executive branch is likely to promote labor reallocation, innovation, and human capital and thus improve structural change and intra-industry productivity, which are the two components of structural transformation. Data from the Varieties of Democracy (V-Dem) Project (Ziblatt and al., 2021) and Mensah and Szirmai (2018) allow us to illustrate our points using a vector auto regression (VAR) model on a panel of 18 SSA countries. Our results show that both legislative dependence and judicial dependence on the executive branch have a negative effect on structural change and intra-industry productivity in the short and long run; but the effect of the judiciary is more decisive than that of the legislature in the short and long run. On the other hand, judicial dependence causes legislative dependence, while public sector corruption and educational inequalities cause judicial and legislative dependence on the executive. Our results argue for the independence of these two branches from the executive, especially the judiciary.     

Wage Bargaining in Industries with Market Power

We develop a game-theoretic version of the right-to-manage model of firm-level bargaining where strategic interactions among firms are explicitly recognized. Our main aim is to investigate how equilibrium wages and employment react to changes in various labor and product market variables. We show that our comparative statics results hinge crucially on the strategic nature of the game, which in turn is determined by the relative bargaining power of unions and managers.     

Bilateral Delegation in Duopoly Wage and Employment Bargaining

We study bilateral delegation in wage and employment bargaining between firms and unions in a Cournot duopoly. Incentive delegation creates frictions for each party between its objectives of within‐firm rent extraction and market/job stealing from the rival firm. The net effect is restraint in production, resulting in a larger bargaining pie. But each player's payoff will be inversely related to his bargaining power. We also show that if players are given a choice to delegate, they will not resort to delegation when their bargaining power is sufficiently high. This is in contrast to the scenarios commonly assumed in many models. Copyright © 2016 John Wiley & Sons, Ltd.     

The Bargaining–sales‐delegation Game

This article revisits the managerial delegation literature led by Vickers ( 1985 ), Fershtman and Judd ( 1987 ) and Sklivas ( 1987 ) by introducing a bargaining mechanism between owners and managers over managerial contracts. It shows that the degree of bargaining interacts with the extent of product differentiation in determining whether the sub‐game perfect Nash equilibrium is sales delegation or profit maximisation. In contrast with the classical result, no sales delegation emerges and the typical prisoner's dilemma of the managerial delegation literature is solved. This holds in both contexts of Cournot and Bertrand rivalries. The article also provides results for the more general cases with heterogeneous managerial bargaining power and endogenous decisions of the owners regarding the bargaining power of the manager that should be or not be hired in a firm. Copyright © 2016 John Wiley & Sons, Ltd.     

Does the market provide sufficient employment protection?

We ask whether there is an efficiency rationale for public intervention in the form of an employment protection policy. Unlike most of the literature supporting current employment protection legislation we allow employers and workers to include severance payments in their private contracts. We focus attention on a model where firms learn over time about the value of the match. If future wage bargaining cannot be prevented, and even though severance payments may be part of the equilibrium contract, separations are too frequent (private employment protection is insufficient). Mandatory severance payments are not a remedy for this inefficiency. Instead, a Pigouvian tax/subsidy scheme will correct the inefficiency by enhancing employment protection.