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Leadership, Regulation, Markets
  and the Law of Unintended
        Consequences

         BARRY SCHACHTER
         FOR PRESENTATION
          JANUARY 31, 2009
        SWEET BRIAR COLLEGE
Leadership in the Crisis

Obama Presses for Quick Jolt to the Economy
By
B JACKIE CALMES and DAVID M. HERSZENHORN
                       d       M
Published: January 24, 2009, New York Times, page A1

“WASHINGTON — President Obama on Friday stepped
                           d      b             d       d
squarely into the fractious effort in Congress to assemble
an $825 billion economic recovery package, seeking to
quell criticism f
    ll iti i    from both parties and to retain leadership
                      b th    ti      dt     t i l d hi
on an initiative that could define his term.”
“Democrats are eager to help Mr. Obama succeed,
knowing that their success rides on hi Still th are
k     i th t th i            id       his. Still, they
refusing to cede their status as leaders of a co-equal
branch of government…”
The Moral of This Talk

Crises create enormous pressures on people in leadership
positions
    ii
Certain purposive actions in response to those pressures
may be only the appearance of leadership
Our ability to control our surroundings is limited. Not
recognizing the limitations gives rise to unintended
consequences
“ipsa scientia potestas est” – Francis Bacon,
Meditationes Sacrae (1597)
“Power tends to corrupt, and absolute power corrupts
absolutely. Great men are almost always bad men.” –
Baron Acton, Speech - House of Lords (1770)
       Acton
Quick Summary of Recent History

May 5, 2006 – Merit Financial files for bankruptcy
February 27,2007 – US stock markets fall 4%
April 3, 2007 – New Century Financial files for bankruptcy
July 31, 2007 – 3 Bear Stearns hedge funds close doors
     31
November 27, 2007 – Abu Dhabi invests in Citi
January 22, 2008 – Fed cuts by 75bps
March 16, 2008 – Bear Stearns acquired b JPM
     h                                  d by
July 23, 2008 – Fannie, Freddie bailout passed in Congress
September 18, 2008 – Lehman declares bankruptcy
September 19, 2008 – SEC short-selling ban
October 7, 2008 – Iceland banks nationalized
Causes and Effects

“The Great Moderation”
Low interest rates and mortgage borrowing
Securitization, its agency effects, toxic waste
              ,      g   y        ,
Post-bubble lack of transparency
“The Great Unwind” (de-leveraging)
                       (         g g)
The risk aversion trade (an alternate universe)
Government actions (and their unintended
                       (
consequences)
The blame and revenge
Economic Policy and Unintended Consequences

 “In the department of economy, an act, a habit, an
 institution, a law, gives birth not only to an effect, but to
 a series of effects. Of these effects, the first only is
 immediate; it manifests itself simultaneously with its
 cause - it is seen. The others unfold in succession - they
 are not seen: it is well for us, if they are foreseen. … Now
 this difference is enormous, for it almost always happens
 that when the immediate consequence is favourable, the
 ultimate consequences are fatal, and the converse.
 That Which is Seen, and That Which is Not Seen Claude
 Frédéric Bastiat (1850)
Energy Independence and Corn Ethanol

The goal is to reduce imports of oil
The claim is corn ethanol costs less energy to
produce than it generates
The lidit f the l i
Th validity of th claim seems t rest on th
                                to    t   the
significance of unintended consequences:
 New infrastructure for transport, storage, & distribution
                             p,         g,
 Lower fuel economy
 Higher auto maintenance costs
 Increased cost of food from corn
 Increased medical costs from toxic emissions (e.g.
 formaldehyde)
 Deforestation and other i
 Df     t ti      d th increase acreage side effects
                                            id ff t
The Law of Unintended Consequences

Any p p
   y purposeful action will produce some
                                p
unintended consequences
Corollary: The unintended side effect can be more
significant than the intended effect.
A classic example is a bypass that attracts new
development and with it more t ffi resulting i
dl           t d ith           traffic,     lti in
two congested streets instead of one.
http://en.wikipedia.org/wiki/Unintended_conseque
http://en wikipedia org/wiki/Unintended conseque
nce
Leadership through Action

The pendulum swings towards regulation
By Lawrence Summers [Director White House National Economic
Council]
Published: October 26 2008 , Financial Times

“Policies that contain the crisis, support the economy and generate
recovery are not sufficient to meet the historic challenge of this
moment. Even with the best conceivable fiscal, monetary, financial
and regulatory policies economic performance depends on deeper
                policies,
and more structural policy choices. Nations cannot fine tune their
way to delivering a prosperity that is more broadly based. In
important ways, then, the crisis creates space to address longer
standing problems.”
 t di        bl     ”
“…the pendulum will swing – and should swing – towards an
enhanced role for government in saving the market system from its
excesses and inadequacies.”
              inadequacies.
The Fatal Conceit

Uncertainty and the human p y
           y                 psyche
Institutions and traditions as security blanket
The grand idea of central p
     g                    planningg
Uncertain mechanics of modern economies
 What Enlightenment philosophers didn’t understand
 Demons, Black Swans, and Market Misbehavior
Willful suspension of disbelief in a period of crisis
Law of Unintended Consequences

Robert K. Merton in 1936 wrote of “the need for a systematic and
objective study of the elements involved in the development of
unanticipated consequences of purposive social action.”
(American Sociological Review V. 1, No. 6, Dec., pp. 894-904)
“the consequences of purposive action are … those elements
           q         fp p
which would not have occurred had the action not taken place”
“…the aim of an action and the circumstances which actually
ensue may coincide without the latter being a consequence of the
action. Moreover, th l
  ti     M          the longer th i t
                               the interval of ti
                                          l f time b t
                                                   between ththe
action and the circumstances in view, the greater the probability
(in the absence of contrary evidence) that these circumstances
have happened ‘by chance.’ Lastly, if this interval is g
        pp        y               y,                   greatly
                                                             y
extended, the probability that the desired circumstances will
occur fortuitously may increase until virtually the point of
certainty. This reasoning is perhaps applicable to the case of
governmental action ‘restoring prosperity.’”
                       restoring prosperity
The Inevitability of Unintended Consequences

The “system” is deterministic, but complex. A complex
system exceeds our ability to isolate the particular
action(s) that will yield the desired effect, all
consequences taken into account
                            account.
The “system” is dynamic. Relationships among relevant
factors change over time (e.g., impact of oil p
             g                g, p              price on
consumer expenditure). The changes are not mechanical
and cannot be predicted without error.
The “ t ” i t h ti
Th “system” is stochastic. At every point i ti
                                          i t in time t l
                                                       truly
random effects interact with fixed relationships to limit
p
predictability of outcomes.
             y
S&P Study:
Impact of Mortgage Loan Modification Ideas

Borrowers may have
               y
incentive to become
delinquent.
Total loss severity
experience will be higher for
loans that re-default.
An iincrease i d li
             in delinquencies
                           i
from this “moral hazard”
issue could negate p
               g    potential
benefits from loan
modifications.
More Reasons for Unintended Consequences

 Rational ignorance. The additional resources needed
           g
 to pursue further analysis of consequences are
 deemed to exceed the benefit of acquiring additional
 knowledge.
 k     ld
 Irrational ignorance. A compulsion to act precludes
 acquiring additional information first. Also a
                                   first
 preconception, habit or tradition inhibits seeking
 additional information.
The Short Selling Ban

SEC chief has regrets over short-selling ban
By
B Rachelle Younglai
Published December 31, 2008, Reuters

W S NG ON
WASHINGTON – For a few wee s [from 9/19/08], the SEC stopped
                     o    ew weeks [ o 9/ 9/08], t e S C
investors from making bearish bets on [800] financial stocks…
The SEC's office of economic analysis …point to several unintended
market consequences and side effects caused by the ban…Less
liquidity in the markets was one of the unintended consequences
                                                      consequences...
The SEC imposed the temporary ban under intense pressure from
the Federal Reserve and Treasury Department which insisted it was
crucial to the short-term survival of these institutions, Cox said.
                                                        ,
Preventable Unintended Consequence?

We need to guard against destructive creation
By Jagdish Bhagwati (Prof Econ. Columbia U )
                      (Prof. Econ            U.)
Published: October 16 2008 , Financial Times

“...’policy innovations had been racing ahead of comprehension.
     policy innovations’                          comprehension
The securitisation of mortgages was an innovation that led
unwittingly to what Wall Street calls “betting the company”. Credit-
default swaps allowed AIG to bring in huge returns but at high risk
if things went wrong, which they did ”
                wrong              did..
“We therefore need a truly independent commission of experts to
look closely at each financial innovation and work out its potential
downside. Keynes once wrote that the inevitable never happens, it is
               y                                           pp
always the unexpected. This commission would be charged with
trying to narrow the range of the unexpected.”
Leadership Regulation Markets And The Law of Unintended Consequences

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Leadership Regulation Markets And The Law of Unintended Consequences

  • 1. Leadership, Regulation, Markets and the Law of Unintended Consequences BARRY SCHACHTER FOR PRESENTATION JANUARY 31, 2009 SWEET BRIAR COLLEGE
  • 2. Leadership in the Crisis Obama Presses for Quick Jolt to the Economy By B JACKIE CALMES and DAVID M. HERSZENHORN d M Published: January 24, 2009, New York Times, page A1 “WASHINGTON — President Obama on Friday stepped d b d d squarely into the fractious effort in Congress to assemble an $825 billion economic recovery package, seeking to quell criticism f ll iti i from both parties and to retain leadership b th ti dt t i l d hi on an initiative that could define his term.” “Democrats are eager to help Mr. Obama succeed, knowing that their success rides on hi Still th are k i th t th i id his. Still, they refusing to cede their status as leaders of a co-equal branch of government…”
  • 3. The Moral of This Talk Crises create enormous pressures on people in leadership positions ii Certain purposive actions in response to those pressures may be only the appearance of leadership Our ability to control our surroundings is limited. Not recognizing the limitations gives rise to unintended consequences “ipsa scientia potestas est” – Francis Bacon, Meditationes Sacrae (1597) “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.” – Baron Acton, Speech - House of Lords (1770) Acton
  • 4. Quick Summary of Recent History May 5, 2006 – Merit Financial files for bankruptcy February 27,2007 – US stock markets fall 4% April 3, 2007 – New Century Financial files for bankruptcy July 31, 2007 – 3 Bear Stearns hedge funds close doors 31 November 27, 2007 – Abu Dhabi invests in Citi January 22, 2008 – Fed cuts by 75bps March 16, 2008 – Bear Stearns acquired b JPM h d by July 23, 2008 – Fannie, Freddie bailout passed in Congress September 18, 2008 – Lehman declares bankruptcy September 19, 2008 – SEC short-selling ban October 7, 2008 – Iceland banks nationalized
  • 5. Causes and Effects “The Great Moderation” Low interest rates and mortgage borrowing Securitization, its agency effects, toxic waste , g y , Post-bubble lack of transparency “The Great Unwind” (de-leveraging) ( g g) The risk aversion trade (an alternate universe) Government actions (and their unintended ( consequences) The blame and revenge
  • 6. Economic Policy and Unintended Consequences “In the department of economy, an act, a habit, an institution, a law, gives birth not only to an effect, but to a series of effects. Of these effects, the first only is immediate; it manifests itself simultaneously with its cause - it is seen. The others unfold in succession - they are not seen: it is well for us, if they are foreseen. … Now this difference is enormous, for it almost always happens that when the immediate consequence is favourable, the ultimate consequences are fatal, and the converse. That Which is Seen, and That Which is Not Seen Claude Frédéric Bastiat (1850)
  • 7. Energy Independence and Corn Ethanol The goal is to reduce imports of oil The claim is corn ethanol costs less energy to produce than it generates The lidit f the l i Th validity of th claim seems t rest on th to t the significance of unintended consequences: New infrastructure for transport, storage, & distribution p, g, Lower fuel economy Higher auto maintenance costs Increased cost of food from corn Increased medical costs from toxic emissions (e.g. formaldehyde) Deforestation and other i Df t ti d th increase acreage side effects id ff t
  • 8. The Law of Unintended Consequences Any p p y purposeful action will produce some p unintended consequences Corollary: The unintended side effect can be more significant than the intended effect. A classic example is a bypass that attracts new development and with it more t ffi resulting i dl t d ith traffic, lti in two congested streets instead of one. http://en.wikipedia.org/wiki/Unintended_conseque http://en wikipedia org/wiki/Unintended conseque nce
  • 9. Leadership through Action The pendulum swings towards regulation By Lawrence Summers [Director White House National Economic Council] Published: October 26 2008 , Financial Times “Policies that contain the crisis, support the economy and generate recovery are not sufficient to meet the historic challenge of this moment. Even with the best conceivable fiscal, monetary, financial and regulatory policies economic performance depends on deeper policies, and more structural policy choices. Nations cannot fine tune their way to delivering a prosperity that is more broadly based. In important ways, then, the crisis creates space to address longer standing problems.” t di bl ” “…the pendulum will swing – and should swing – towards an enhanced role for government in saving the market system from its excesses and inadequacies.” inadequacies.
  • 10. The Fatal Conceit Uncertainty and the human p y y psyche Institutions and traditions as security blanket The grand idea of central p g planningg Uncertain mechanics of modern economies What Enlightenment philosophers didn’t understand Demons, Black Swans, and Market Misbehavior Willful suspension of disbelief in a period of crisis
  • 11. Law of Unintended Consequences Robert K. Merton in 1936 wrote of “the need for a systematic and objective study of the elements involved in the development of unanticipated consequences of purposive social action.” (American Sociological Review V. 1, No. 6, Dec., pp. 894-904) “the consequences of purposive action are … those elements q fp p which would not have occurred had the action not taken place” “…the aim of an action and the circumstances which actually ensue may coincide without the latter being a consequence of the action. Moreover, th l ti M the longer th i t the interval of ti l f time b t between ththe action and the circumstances in view, the greater the probability (in the absence of contrary evidence) that these circumstances have happened ‘by chance.’ Lastly, if this interval is g pp y y, greatly y extended, the probability that the desired circumstances will occur fortuitously may increase until virtually the point of certainty. This reasoning is perhaps applicable to the case of governmental action ‘restoring prosperity.’” restoring prosperity
  • 12. The Inevitability of Unintended Consequences The “system” is deterministic, but complex. A complex system exceeds our ability to isolate the particular action(s) that will yield the desired effect, all consequences taken into account account. The “system” is dynamic. Relationships among relevant factors change over time (e.g., impact of oil p g g, p price on consumer expenditure). The changes are not mechanical and cannot be predicted without error. The “ t ” i t h ti Th “system” is stochastic. At every point i ti i t in time t l truly random effects interact with fixed relationships to limit p predictability of outcomes. y
  • 13. S&P Study: Impact of Mortgage Loan Modification Ideas Borrowers may have y incentive to become delinquent. Total loss severity experience will be higher for loans that re-default. An iincrease i d li in delinquencies i from this “moral hazard” issue could negate p g potential benefits from loan modifications.
  • 14. More Reasons for Unintended Consequences Rational ignorance. The additional resources needed g to pursue further analysis of consequences are deemed to exceed the benefit of acquiring additional knowledge. k ld Irrational ignorance. A compulsion to act precludes acquiring additional information first. Also a first preconception, habit or tradition inhibits seeking additional information.
  • 15. The Short Selling Ban SEC chief has regrets over short-selling ban By B Rachelle Younglai Published December 31, 2008, Reuters W S NG ON WASHINGTON – For a few wee s [from 9/19/08], the SEC stopped o ew weeks [ o 9/ 9/08], t e S C investors from making bearish bets on [800] financial stocks… The SEC's office of economic analysis …point to several unintended market consequences and side effects caused by the ban…Less liquidity in the markets was one of the unintended consequences consequences... The SEC imposed the temporary ban under intense pressure from the Federal Reserve and Treasury Department which insisted it was crucial to the short-term survival of these institutions, Cox said. ,
  • 16. Preventable Unintended Consequence? We need to guard against destructive creation By Jagdish Bhagwati (Prof Econ. Columbia U ) (Prof. Econ U.) Published: October 16 2008 , Financial Times “...’policy innovations had been racing ahead of comprehension. policy innovations’ comprehension The securitisation of mortgages was an innovation that led unwittingly to what Wall Street calls “betting the company”. Credit- default swaps allowed AIG to bring in huge returns but at high risk if things went wrong, which they did ” wrong did.. “We therefore need a truly independent commission of experts to look closely at each financial innovation and work out its potential downside. Keynes once wrote that the inevitable never happens, it is y pp always the unexpected. This commission would be charged with trying to narrow the range of the unexpected.”