The Price of Sin: The Effects of Social Norms on Markets

The Radicalism of the American Revolution.

We argue financial technology (FinTech) is the key driver for financial inclusion, which in turn underlies sustainable balanced development, as embodied in the UN Sustainable Development Goals (SDGs). The full potential of FinTech to support the SDGs may be realized with a progressive approach to the development of underlying infrastructure to support digital financial transformation. Our research suggests that the best way to think about such a strategy is to focus on four primary pillars. The first pillar requires the building of digital identity, simplified account opening and e-KYC systems, supported by the second pillar of open interoperable electronic payments systems. The third pillar involves using the infrastructure of the first and second pillars to underpin electronic provision of government services and payments. The fourth pillar—design of digital financial markets and systems—supports broader access to finance and investment. Implementing the four pillars is a major journey for any economy, but one which has tremendous potential to transform not only finance but economies and societies, through FinTech, financial inclusion and sustainable balanced development.

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Sustainability, FinTech and Financial Inclusion

The United Nations Principles for Responsible Investment (PRI) is the largest global environmental, social, and governance (ESG) initiative in the asset-management industry to date. We analyze what happens after active U.S. mutual funds sign the PRI to assess whether they exhibit ESG implementation. We find that PRI signatories attract a large fund inflow, but we do not observe improvements in fund-level ESG scores or fund returns. We consider a battery of ways to proxy for funds’ ESG incorporation (e.g., entry/exit, screening, engagement, voting for pro-ESG proposals), but fail to observe evidence of meaningful on average follow-through. Next, we explore cross-sectional fund characteristics and find that only quant funds exhibit small improvements in ESG performance versus other funds, mainly through buying high-ESG-performing stocks. Furthermore, we note that signatories are not superior performers in ESG issues prior to joining the PRI relative to non-PRI funds, but PRI affiliation tends to be widely advertised on company websites, marketing materials, and fund documents. Overall, a reasonable reader may perceive our findings as consistent with PRI funds’ greenwashing. We note, however, that what we uncover is based only on outcome-based measures and may miss some actual efforts of signatories. This paper was accepted by Brian Bushee, accounting.

Analyzing Active Fund Managers' Commitment to ESG: Evidence from the United Nations Principles for Responsible Investment

Grounded in agency theory, this study explores how capital structure is influenced by aggregate corporate governance quality. We employ broad-based governance measures that encompass multiple factors, including boards, audit quality, charter/bylaws, director quality, executive compensation, ownership, and state of incorporation. We document a robust negative association between leverage and governance quality. The evidence reveals that firms with poor governance are significantly more leveraged. It appears that leverage substitutes for corporate governance in alleviating agency conflicts. We also present supportive evidence that leverage helps firms raise capital by sending a signal to the capital markets about the firm’s governance. Finally, we utilize empirical methods that control for potential endogeneity and show that poor governance quality likely brings about, and does not merely reflect, higher leverage. Our results are important as they show that the overall quality of corporate governance has a material impact on critical corporate decisions such as capital structure choices.

Capital Structure and Corporate Governance Quality: Evidence from the Institutional Shareholder Services (ISS)

This essay revisits the economic theory of fiduciary law. Nearly two decades have passed since the publication of the seminal economic analyses of fiduciary law by Cooter and Freedman (1991), and by Easterbrook and Fischel (1993), which together have come to underpin the prevailing economic, contractarian model of fiduciary law. The economic theory of agency that motivates those papers has come to permeate the literature on law and legal institutions generally. The law-and-economics movement has matured further, developing new tools and refining its understanding of previously applied concepts. The purpose of this essay is to restate the economic theory of fiduciary law in an updated and accessible synthesis.

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The Economic Structure of Fiduciary Law

This paper investigates the effect of changes in state prudent trust investment laws on asset allocation in noncommercial trusts. The old prudent‐man rule favored “safe” investments and disfavored “speculation” in stock. The new prudent‐investor rule directs trustees to craft an investment portfolio that fits the risk tolerance of the beneficiaries and the purpose of the trust. Using state‐ and institution‐level panel data from 1986–97, we find that after adoption of the new prudent‐investor rule, institutional trustees held about 1.5–4.5 percentage points more stock at the expense of “safe” investments. Our findings explain roughly 10–30 percent of the overall increase in stock holdings in the period studied. The rest of the increase appears to be attributable to stock market appreciation. We conclude that, even though trust fiduciary laws are nominally default rules, institutional trustees are nonetheless sensitive to changes in those rules.

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Did Reform of Prudent Trust Investment Laws Change Trust Portfolio Allocation

This Article develops an agency costs theory of the law of private trusts, focusing chiefly on donative trusts. The agency costs approach offers fresh insights into recurring problems in trust law including, among others, modification and termination, settlor standing, fiduciary litigation, trust-investment law and the duty of impartiality, trustee removal, the role of so-called trust protectors, and spendthrift trusts. The normative claim is that the law should minimize the agency costs inherent in locating managerial authority with the trustee and the residual claim with the beneficiaries, but only to the extent that doing so is consistent with the ex ante instructions of the settlor. Accordingly, the use of the private trust triggers a temporal agency problem (whether the trustee will remain loyal to the settlor's original wishes) in addition to the usual agency problem that arises when risk-bearing and management are separated (whether the trustee/manager will act in the best interests of the beneficiaries/residual claimants). The positive claim is that, at least with respect to traditional doctrines, the law conforms to the suggested normative approach. This Article draws on the economics of the principal-agent problem and the theory of the firm, and it engages the ongoing debate about whether trust law is closer to property law or contract law. Although the analysis focuses on donative trusts, it should be amenable to extension in future work to commercial and charitable trusts.

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An Agency Costs Theory of Trust Law

This article explores the policy bases for, and the political economy of, the law's long-standing discrimination against corporate political speech. This Article also explores the relevance of state law regulation of corporate political speech to the competition between the states for corporate charters. In the process, implications for the current political debate over soft money and the current academic debates over enacting an optional federal corporate takeover law regime and creating a securities law regulatory competition are noted. The underlying aim of this Article is to bring to bear on the relevant policy debates a shift in focus from the shareholder/manager agency relationship to the agency relationship between lawmakers and society. The Article draws on the contractarian view of the firm, the economic theory of regulation, and the study of public choice.

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Corporate Political Speech, Political Extortion, and the Competition for Corporate Charters

Retaining the late Jesse Dukeminier's signature blend of wit, erudition, insight, and playfulness, Wills, Trusts, and Estates, now in its Eighth Edition, continues to offer interesting cases, well written notes, and a logical organization. The Eight Edition's new Companion Website, available with adoptions, includes an electronic version of the Teacher's Manual, PowerPoint slides on selected topics, and author updates. A stellar example of a great casebook, Wills, Trusts, and Estates features: eminently clear presentation of topics comprehensive substantive coverage inspired case selection engaging notes, questions, and problems that connect and highlight legal themes and principles humorous and illustrative cartoons, art, photographs, and other images a detailed Teacher's Manual that answers every question and problem posed in the casebook and includes comments on material cited in the text, analyses, comments, syllabus notes, and teaching suggestions With many new and revised notes, questions, and problems, the carefully updated Eighth Edition explores: New developments in law reform by the ALI and NCCUSL, such as: the 2008 Amendments to the Uniform Probate Code, including validation of notarized wills, reformation of wills for mistake, and a reworking of the spousal share the Uniform Power of Attorney Act further progress in the Restatement (Third) of Trusts and Restatement (Third) of Property Ongoing developments in the law, in such areas as: inheritance rights for same-sex partners the posthumous right of publicity the power of an agent to alter an incompetent principal's estate plan liberalized rules of trust modification and termination, and of trustee removal standing for donors in suits against the trustees of charitable trusts perpetual trusts and self-settled asset protection trusts Increasingly important topics such as: the movement to cure will execution defects and reform mistakes in wills fiduciary administration and trust investment law will contests, particularly the law of capacity and insane delusion Co-authors Robert Sitkoff and James Lindgren took great care to preserve the voice and spirit of Jesse Dukeminier, while fulfilling the trust and expectation among users for timely and relevant coverage, cases, and note material. *Teacher's Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or legaledu@wolterskluwer.com.

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