The legal theory of finance and the financial instability hypothesis: Convergences and possible integration

This article presents the legal theory of finance (LTF) and compares it with the financial instability hypothesis (FIH), identifying points of convergence and divergence. The study aims to contribute to the literature by connecting these theories and provides the following main conclusions. First, the LTF incorporates aspects of the FIH, as the theories share several key elements, particularly the presence of fundamental uncertainty, the constraint of liquidity, and the necessity for governments to act as lenders of last resort. Second, the liquidity concept used in the LTF can be better comprehended with the use of Keynesian and post Keynesian literature on the topic. Third, the LTF aims to advance and update certain aspects of Minsky’s theory, particularly with regard to the globalization of markets, power relations, and the interdependencies of the political economy of finance. The study concludes that the theories are more complementary than divergent and future studies should create an analytical framework that integrates the theories’ most insightful aspects.     

Processes of non-identification: Business school brands and academic faculty

This paper examines the internal implications of branding within higher education, a specific context which is dominated by the co-existence of strong professional logics and identity structures. We focus on how and whether academic faculty identify with the branding practices undertaken by their respective institution. The paper proposes a communicative perspective on brand identification to understand how academic faculty relate to and make sense of the brand. The findings, from responses of 65 faculty members at five business schools, indicate widespread indifference and non-identification with brand messages. Specifically, we identify four types of disconnects between faculty members and branding practices of their respective schools, namely ambiguity, emptiness, misalignment, and irrelevance. The evidence of these disconnects, we argue, suggests that the faculty members refrain from relating the brand to their own identities. Although individuals relate to discourses around the brand, these are often not internalized and do not thereby impact on their individual identity. Rather than navigating between identity tensions, they eschew identification altogether. We contribute to research on how branding works inside contemporary organizations – including higher education - through questioning the role of identity in branding processes seen as the management of meaning.     

Reputation,risk-taking,and macroprudential policy

This paper examines the role of macroprudential capital requirements in preventing inefficient credit booms in a model with reputational externalities. In our model, unprofitable banks have strong incentives to invest in risky assets when macroeconomic fundamentals are good in order to avoid the stigma of being assessed as low ability by the market. We show that across-the-system countercyclical capital requirements that deter such gambling are constrained optimal when fundamentals are neither extremely weak nor extremely strong.     

An application of data envelopment analysis to evaluate the efficiency level of the operational cost of Brazilian electricity distribution utilities

This paper shows efficiency indices for 60 Brazilian electricity distribution utilities. The efficiency scores are gauged by three DEA models. For both models, these quantities are evaluated under different contexts. One treats with respect to the regulator perspective. The others examine an alternative approach based on cluster analysis and restrictions on factor weights. It is worth pointing out that these developments can reduce the information asymmetry and improve the regulator's skill to compare the performance of the utilities, a fundamental in incentive regulation schemes.     

The impact of environmental regulation on Chinese spatial development

We examine the relationship between environmental regulation and spatial development in China. Exploiting changes in national pollution standards for three industries, ammonia, paper and cement, we measure the impact of environmental regulation on industry productivity. Our results suggest that national pollution standards do not affect industry productivity, but they reallocate productivity spatially. We show that regulated industries located in developing cities increase their productivity compared to similar industries in other cities. This means that environmental regulation affects the spatial distribution of technology in China and might influence long‐term spatial development by reducing geographical disparities.     

Why Do Politicians Intervene in Accounting Regulation? The Role of Ideology and Special Interests

Politicians frequently intervene in the regulation of financial accounting. Evidence from the accounting literature shows that regulatory capture by special interests helps explain these interventions. However, many accounting rules have broad economic or social consequences, such as their effects on income distribution or private sector subsidies. The perception of these consequences varies with a politician's ideology. Therefore, if accounting rules produce those consequences, ideology plausibly spills over and explains a politician's stance on the technical accounting issue, beyond special interest pressure. We use two prominent U.S. political debates about fair value accounting and the expensing of employee stock options to disentangle the role of ideology from special interest pressure. In both debates, ideology explains politicians’ involvement at exactly those points when the debate focuses on the economic consequences of accounting regulation (i.e., bank bailouts and top management compensation). Once the debates focus on more technical issues, connections to special interests remain the dominant force.     

Too-Big-To-Fail: Why Megabanks Have Not Become Smaller Since the Global Financial Crisis?

ABSTRACT

More than ten years after the global financial crisis, what has happened to the ‘too-big-to-fail’ (TBTF) banks whose reckless behavior was among its preconditions, but which received public support and guarantees in the midst of that crisis? Insofar as this too-big-to-fail status helped create the crisis and then imposed costs on the rest of society, we would expect these banks to have shrunk. We investigate the evolution of 31 global-TBTF banks and find that their overall size has hardly recorded any substantial change. However, there is no sense of urgency in the flourishing post-crisis literature on TBTF banks about the need to contain their size; the prevalent view therein is that if properly regulated, the risks that arise from a financial system dominated by TBTF banks are manageable. This view rests on the same overly narrow theoretical underpinnings whose flaws were exposed in the crisis. We argue that too-big-to-fail banking is embedded in a set of self-reinforcing policies—consolidation, balance-sheet support through quantitative easing, favorable regulations, bank lobbying, and geo-economic and geo-political considerations—which explain why these banks have not shrunk and why they remain a threat to financial stability, well after the lessons of the crisis should have been learned.     

Investor protection,regulation and bank risk-taking behavior

This paper examines whether the influence of investor protection on banks’ risk is channeled through banking regulation, and vice-versa, using panel data from a sample of 567 European and US banks for the 2004–2015 period. As banking regulatory factors, we consider capital stringency, activity restrictions and private monitoring, whereas as investor protection factors, we consider the level of shareholder and creditor protection. We find that banking regulation moderates the positive direct influence of investor protection on banks’ risk, while investor protection reinforces the negative direct influence of banking regulation on risk. Moreover, we show that the negative effect of national regulations on banks’ risk is more pronounced during systemic crisis years. Finally, taking into account market competition, we argue that private monitoring only has a direct effect on banks’ risk, whereas the effects of capital stringency and activity restriction are channeled through market competition.     

发达国家第三方物流政府规制的法律问题研究及对我国的启示

介绍了我国以及美国、日本第三方物流政府规制及法律现状,并指出应构建系统的第三方物流法律规制体系,强化政府规制的法治性,同时构建法制经济体系,推进第三方物流市场化改革政策取向,转变政府职能,逐步下放行政审批权,让我国第三方物流业的发展真正走向法治化的道路。     

Land use regulation and urban land value: Evidence from China

Land use regulation has always been regarded as one of the most crucial means of macro-control of urban growth, which can affect a city’s land values directly and further determine related urban economic well-being. Since the New Type Urbanization Strategy proposed by the government in 2014, China’s mode of urban growth has been transformed from addressing “quantity” to “quality" in the urbanization process. In this case, the regulation of land use by the Chinese government plays a more important role in urban growth. With their planned land regulatory scheme, the various instruments employed by Chinese governments have quite different mechanisms influencing land prices. However, there are no rigorous studies focusing on the land use regulation system and its impact on land values to date, particular in China. This study seeks to explore how land use regulation affects urban land values through the systematic lens. We summarize the main land use regulatory instruments based on the analysis of China’s planned land use system and urban land banking system, including the construction land quota, constraints on the allowed floor area ratio (FAR) of each land transaction parcel, and land supply restrictions. A new dataset based on land transaction data from 2007 to 2016 that covers 286 prefectural cities from the country’s coastal, central, and western regions is used in the empirical analysis. The results show that the effects of the floor area ratio (FAR) on land values are significant and positive, with the residential and commercial land supply ratio being a key factor. Moreover, the results imply that the effects of constraints on FAR and commercial land supply vary between regions. These findings indicate that the Chinese land market is considerably distorted by excessive administrative interventions by local governments, in the stage of urban transition guided, the capable regulatory instruments could play an important role in adjusting urban land prices and hence impact on urban growth.