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Article . 2010 . Peer-reviewed
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The Failure of Mandated Disclosure

Authors: Schneider, Carl E.; Ben-Shahar, Omri;

The Failure of Mandated Disclosure

Abstract

This chapter presents evidence showing that mandate disclosure consistently fails to accomplish its stated goals. It begins by asking what standard we should use to assess mandated disclosure and goes on to apply the standard that lawmakers and disclosurites set for it. The chapter then reviews empirical studies of disclosure's success as well as results from laboratory experiments that attempt to make disclosure work with research subjects. It also considers signs of deteriorating faith in disclosure among some sophisticated lawmakers and commentators. The chapter shows that some lawmakers have doubts about mandates so they reform them so often and so much, while regulators are expressly critical. Based on the evidence, it shows that mandated disclosure is a regulatory device thats ambitions outweigh its abilities.

Keywords

защита прав пациента, конституционное право, информационное согласие, гражданское право, раскрытие информации, защита прав заемщика, K1-7720, защита прав потребителей, информационное право, Economics as a science, Law in general. Comparative and uniform law. Jurisprudence, Law, HB71-74

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    45
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Top 10%
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Top 10%
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
45
Top 10%
Top 10%
Top 10%
gold