Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


Groundhog Day. (fp)

Banned in Tucson. (kw)

The Best and Worst of 2011 in Race and Law (kw)

Tortured to death for trespassing. (fp)

Drones of contention. (fp)

DOJ still coddling banks. (fp)

Creative destruction? Thank banks. (fp)

Blog about a new book, on how to talk to little girls--stressing smarts not cutes.   LAC

Macey on the heroic Rakoff. (fp)

Captured NY Fed. (fp)


solicitors

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Alice on Physical Punishment and Parental Rights

    • Rachel Karash on Physical Punishment and Parental Rights

    • MBL on Physical Punishment and Parental Rights

    • MBL on Physical Punishment and Parental Rights

    • feathered_head on Physical Punishment and Parental Rights

    • Concernicus on Physical Punishment and Parental Rights

    • Ian on Physical Punishment and Parental Rights

    • Peterk on Physical Punishment and Parental Rights

    • Robert on Physical Punishment and Parental Rights

    • Three Oranges on Physical Punishment and Parental Rights

    • Paul Robichaux on Physical Punishment and Parental Rights

    • JR on Physical Punishment and Parental Rights

    • Jan on Physical Punishment and Parental Rights

    • Mark on Physical Punishment and Parental Rights

    • Shag from Brookline on Omelets and Eggs
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

An Open Source Strategy for Our Financial Mess

posted by Danielle Citron

1050851_sunburst.jpg

In an article published in Harper’s Weekly in December 1913, Louis Brandeis prescribed “publicity” to remedy the financial system’s ails: “Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.” As Wired reporter Daniel Roth explains, those words resonated for President Franklin Delano Roosevelt, when he wrestled with our last shattering financial crisis, leading him to support a bill that required companies to file detailed accounts of their financial health and activity.

Fast forward to our current financial crisis where the problem is not a dearth of information, but a broken system of disclosure. According to Roth, we may be awash in information about our financial system (e.g., 200 gigabytes of Edgar filings each year), but that information is so complex despite the SEC’s plain-language efforts that quick and easy answers to simple questions like “How much is my bank’s capital tied up in risky debt obligations” elude us. Part of the problem is that the information appears in plain text format, preventing cross analysis and easy searchability. Our financial data diet is like a box of chocolates: it looks good, but offers little value and risks serious problems.

Fixing our broken system of disclosure will involve new technology: by 2011, public companies will have to submit their financial filings in a standardized format (Extensible Business Reporting Langage aka XBRL) that can be easily searched, exported, and mashed up for analysis. This creates an open-source(ish) dynamic: the interested public can crunch the financial data, creating “an army of citizen-regulators.” This technology-enabled participation may allow users to contribute to the analytical and factual mix. This is something that Archon Fung and his co-authors call “collaborative transparency.” Of course, the success of such collaborative transparency depends upon the public’s participation and the the willingness of government officials to respond to the public’s valid concerns. It also may have a limited impact as only public companies must use the XBRL, excluding hedge funds, pension funds, and other non-publicly traded entities. Moreover, effective disclosure may require the reporting of data more frequently than on a quarterly or annual basis. But XBRL would surely liberate data and, in that regard, has great potential to transform the transparency of the financial system.


 February 25, 2009 at 2:40 pm   Posted in: Current Events   Print This Post Print This Post

Responses (4)

  1. A.W. - February 25, 2009 at 4:30 pm

    I have a variation on that theme, a great way to create an open source solution to all of this.

    See, what we do is, instead of taking money away from people, we let them keep it. Then each person working independantly tries to maximize their wealth. and in doing so, most of us prosper.

    Adam Smith seems to have written a book about it.

  2. Patrick S. O'Donnell - February 25, 2009 at 7:32 pm

    Adam Smith in fact wrote a book that few have read, namely, The Theory of Moral Sentiments (1759), which he presumed readers of his next book would have read. Alas, that has not been the case. It was The Theory… that Smith made clear his conception of “moral sentiments” and in particular sympathy and self-discipline, were beholden to Stoic ethics: “As Smith himself puts it, ‘man, according to the Stoics, ought to regard himself, not as something separated and detached, but as a citizen of the world, a member of the vast commonwealth of nature,’ and ‘to the interest of this great community, he ought at all times to be willing that his own little interest should be sacrificed.’ Even though prudence goes well beyond self-interest maximization, Smith saw it in general only as being ‘of all virtues that which is most helpful to the individual,’ whereas ‘humanity, justice, generosity, and public spirit, are the qualities most useful to others.’” It is clear that Smith did not understand the *individual* maximization of wealth from the motives of self-love or prudence broadly construed as adequate or sufficient for a good society, as any careful reading of his writings attests. It is important to recall, with Sen, that the “defense of self-interested behavior comes in specific contexts, particularly related to various contemporary bureaucratic barriers and other restrictions to economic transactions which made trade difficult and hampered production.”

    And those who fondly and selectively cite Smith’s An Inquiry… frequently fail to note that he thought “justice was the ‘main pillar’ of society. He was committed not simply to the natural system of liberty but to ‘the natural system of liberty *and justice.*’ Interest-governed behavior can enhance social stability and security, by an invisible hand, but only if the interests propelling action are just. Madison agreed: ‘Justice is the end of government. It is the end of civil society.’”

    Stephen Holmes rightly points out that Smith appreciated the fact “that public provision can foster priviate initiative,” and he “justified high wages by invoking the well-being of the majority. But he chose the *majority’s* welfare as the criterion to guide public policy because of a prior commitment to distributive justice.” Holmes proceeds to quote a passage from Smith noting the (unwarranted) complaints of “merchants and master-manufacturers” about the economic effects of high wages while, in Smith’s words, “They say nothing concerning the bad effects of high profits. They are silent with regard to the pernicious effects of their own gains. They complain only of those other people.”

    This is the selfsame Adam Smith who was concerned about the pernicious effects of a person’s income relative to others insofar as it may interfere with the ability to take part in the life of the community, in other words, inasmuch as it may lessen or deny those social capabilities necessary to properly interact and mix with others in society. In short, Smith was appreciative of the fact that “a relative deprivation in terms of income can…lead to absolute deprivation in terms of capabilities, and in this sense, the problems of poverty and inequality are closely interlinked” (Amartya Sen).

    “The misrepresentation of Smith’s complex attitude to motivation and markets, and the neglect of his ethical analysis of sentiments and behaviour, fits well into the distancing of economics from ethics that has occurred in the development of modern economics. Smith did, in fact, make pioneering contributions in analysing the nature of mutually advantageous exchanges, and the value of division of labour, and since these contributions are perfectly consistent with human behaviour sans bonhomie and ethics, references to these parts of Smith’s work have been profuse and exuberant. Other parts of Smith’s writings on economics and society, dealing with observations of misery, the need for sympathy, and the role of ethical considerations in human behaviour, particularly the use of behaviour norms, have become relatively neglected as these considerations have themselves become unfashionable in economics.”

  3. Patrick S. O'Donnell - February 25, 2009 at 7:32 pm

    Adam Smith in fact wrote a book that few have read, namely, The Theory of Moral Sentiments (1759), which he presumed readers of his next book would have read. Alas, that has not been the case. It was The Theory… that Smith made clear his conception of “moral sentiments” and in particular sympathy and self-discipline, were beholden to Stoic ethics: “As Smith himself puts it, ‘man, according to the Stoics, ought to regard himself, not as something separated and detached, but as a citizen of the world, a member of the vast commonwealth of nature,’ and ‘to the interest of this great community, he ought at all times to be willing that his own little interest should be sacrificed.’ Even though prudence goes well beyond self-interest maximization, Smith saw it in general only as being ‘of all virtues that which is most helpful to the individual,’ whereas ‘humanity, justice, generosity, and public spirit, are the qualities most useful to others.’” It is clear that Smith did not understand the *individual* maximization of wealth from the motives of self-love or prudence broadly construed as adequate or sufficient for a good society, as any careful reading of his writings attests. It is important to recall, with Sen, that the “defense of self-interested behavior comes in specific contexts, particularly related to various contemporary bureaucratic barriers and other restrictions to economic transactions which made trade difficult and hampered production.”

    And those who fondly and selectively cite Smith’s An Inquiry… frequently fail to note that he thought “justice was the ‘main pillar’ of society. He was committed not simply to the natural system of liberty but to ‘the natural system of liberty *and justice.*’ Interest-governed behavior can enhance social stability and security, by an invisible hand, but only if the interests propelling action are just. Madison agreed: ‘Justice is the end of government. It is the end of civil society.’”

    Stephen Holmes rightly points out that Smith appreciated the fact “that public provision can foster priviate initiative,” and he “justified high wages by invoking the well-being of the majority. But he chose the *majority’s* welfare as the criterion to guide public policy because of a prior commitment to distributive justice.” Holmes proceeds to quote a passage from Smith noting the (unwarranted) complaints of “merchants and master-manufacturers” about the economic effects of high wages while, in Smith’s words, “They say nothing concerning the bad effects of high profits. They are silent with regard to the pernicious effects of their own gains. They complain only of those other people.”

    This is the selfsame Adam Smith who was concerned about the pernicious effects of a person’s income relative to others insofar as it may interfere with the ability to take part in the life of the community, in other words, inasmuch as it may lessen or deny those social capabilities necessary to properly interact and mix with others in society. In short, Smith was appreciative of the fact that “a relative deprivation in terms of income can…lead to absolute deprivation in terms of capabilities, and in this sense, the problems of poverty and inequality are closely interlinked” (Amartya Sen).

    “The misrepresentation of Smith’s complex attitude to motivation and markets, and the neglect of his ethical analysis of sentiments and behaviour, fits well into the distancing of economics from ethics that has occurred in the development of modern economics. Smith did, in fact, make pioneering contributions in analysing the nature of mutually advantageous exchanges, and the value of division of labour, and since these contributions are perfectly consistent with human behaviour sans bonhomie and ethics, references to these parts of Smith’s work have been profuse and exuberant. Other parts of Smith’s writings on economics and society, dealing with observations of misery, the need for sympathy, and the role of ethical considerations in human behaviour, particularly the use of behaviour norms, have become relatively neglected as these considerations have themselves become unfashionable in economics.”

  4. A.W. - February 26, 2009 at 12:43 pm

    Patty

    My point (and you were too stupid to get it) is there is something inherently hilarious about using the “marketplace of ideas” to dictate to the marketplace.

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Derek Bambauer
Gabriella Coleman
andré douglas pond cummings
David Gray
Brishen Rogers
Joseph Turow
Elizabeth A. Wilson













Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Meredith Harbach
Michelle Harner
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schraub
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress