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The Failure of Mandated Disclosure

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0003
Subject:
Political Science, Public Policy

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 ... More


The Politics of Disclosure

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0009
Subject:
Political Science, Public Policy

This chapter argues that even if simplification worked better, it would often be defeated by the political dynamics of regulation. First, mandates expand, exacerbating the overload problem. Second, ... More


Introduction

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0001
Subject:
Political Science, Public Policy

This book argues that mandated disclosure as a distinctive regulatory method routinely fails to achieve its ambitious goals. Describing “mandated disclosure” as perhaps the most common and least ... More


Complex Decisions, Complex Disclosures

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0002
Subject:
Political Science, Public Policy

This chapter shows that the problem caused by mandated disclosure is both intensive and extensive. It is intensive because decisions are so unfamiliar and extremely complex that considerable learning ... More


At Worst, Harmless?

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0011
Subject:
Political Science, Public Policy

This chapter argues that mandated disclosure not only can be costly but also can inflict unintended and unnoticed harms. Mandates impose various direct costs on both disclosers and disclosees. For ... More


Conclusion: Beyond Disclosurism

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0012
Subject:
Political Science, Public Policy

This concluding chapter clarifies that the book has argued that lawmakers must abandon the use of mandated disclosure, describing it as a failed regulatory method. The book has presented evidence ... More


Producing Disclosures

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0010
Subject:
Political Science, Public Policy

This chapter considers another reason why simplification cannot save mandated disclosure: regulatory method depends on disclosers, but the core problem of complexity makes it hard for lawmakers to ... More


From Disclosure to Decision

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0007
Subject:
Political Science, Public Policy

This chapter argues that even if the (essentially) cognitive problems with information could be overcome—even if disclosees were offered, accepted, understood, and remembered disclosures—people might ... More


“Whatever”: The Psychology of Mandated Disclosure

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0004
Subject:
Political Science, Public Policy

This chapter argues that people are decision averse in the sense that they make decisions less willingly and less thoroughly than disclosurites expect. When researchers give their subjects the ... More


Make it Simple?

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0008
Subject:
Political Science, Public Policy

This chapter argues that simplification helps only sporadically and feebly in terms of addressing the various criticisms leveled against mandated disclosure. For disclosurites, faites simple is ... More


More Than You Wanted to Know: The Failure of Mandated Disclosure

Omri Ben-Shahar and Carl E. Schneider

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.001.0001
Subject:
Political Science, Public Policy

Perhaps no kind of regulation is more common or less useful than mandated disclosure—requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the ... More


The Law, Economics, and Psychology of Consumer Contracts

Bar-Gill Oren

in Seduction by Contract: Law, Economics, and Psychology in Consumer Markets

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199663361
eISBN:
9780191751660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199663361.003.0002
Subject:
Law, Company and Commercial Law

This chapter develops a general approach for analyzing consumer markets and, more specifically, consumer contracts. A behavioural-economics model was used to explain how consumer psychology interacts ... More


The Quantity Question

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0006
Subject:
Political Science, Public Policy

This chapter defends decision aversion by showing how mandated disclosures are made yet more forbidding by the so-called quantity question and its two aspects: the overload problem and the ... More


Reading Disclosures

Omri Ben-Shahar and Carl E. Schneider

in More Than You Wanted to Know: The Failure of Mandated Disclosure

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691161709
eISBN:
9781400850389
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691161709.003.0005
Subject:
Political Science, Public Policy

This chapter explains how literacy problems complicate the process involved in making informed decisions. Many people are unable to read many disclosures because they are not literate or numerate ... More


Emerging legal issues for providers in the USA

Benjamin W. Moulton and Thaddeus M. Pope

in Shared Decision Making in Health Care: Achieving evidence-based patient choice

Published in print:
2016
Published Online:
September 2016
ISBN:
9780198723448
eISBN:
9780191790096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198723448.003.0007
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

The legal doctrine of informed consent has largely failed to meaningfully empower patients to make medical diagnostic and treatment decisions that match their preferences. As practised, informed ... More


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