Mark Klock - Profile on Academia.edu (original) (raw)

Papers by Mark Klock

Research paper thumbnail of The Impact on Intangible Capital on Tobin's q in the Semiconductor Industry

The Impact on Intangible Capital on Tobin's q in the Semiconductor Industry

The American Economic Review, 1993

Research paper thumbnail of A Raisin in Reserve: Horne , Takings, and the Problem of Government Price Supports

A Raisin in Reserve: Horne , Takings, and the Problem of Government Price Supports

Michigan state law review, 2016

In Horne v. Department of Agriculture, the Supreme Court recently held that the government could ... more In Horne v. Department of Agriculture, the Supreme Court recently held that the government could not assess a fine on a raisin grower for refusing to surrender a portion of his crop in compliance with a government program to artificially inflate the price of raisins, benefitting raisin producers. The Court was split, with Justice Sotomayor strongly opposed to the entire decision and Justices Ginsburg, Breyer, and Kagan dissenting in part. Interestingly, only a very brief concurring opinion written by Justice Thomas touched on the strongest foundation for the majority’s result—in order for a justly compensated taking to be constitutional, it must be for a public use, and clearly a program designed to benefit the narrow class of raisin growers at higher costs and lower raisin availability for the public is not a public use. This Article analogizes the price support program to a government-created cartel that increases prices to confer a private benefit on producers. Such programs are ...

Research paper thumbnail of Two Possible Answers to the Enron Experience: Will It Be Regulation of Fortune Tellers or Rebirth of Secondary Liability?

Two Possible Answers to the Enron Experience: Will It Be Regulation of Fortune Tellers or Rebirth of Secondary Liability?

The Journal of Corporation Law, 2002

I. INTRODUCTION Even before the multi-billion dollar collapse of Enron1 and public allegations of... more I. INTRODUCTION Even before the multi-billion dollar collapse of Enron1 and public allegations of auditor misconduct against Arthur Andersen,2 there was a history of demands for IMAGE FORMULA7 reforming the audit process.3 A wide variety of factors contributed to the public calls for reform. First among these was the emergence and explosive growth of the financial derivatives industry,4 which was widely misunderstood and posed new challenges for accounting.5 Also contributing to the cry for increased oversight were large-scale and highly publicized collapsed Ponzi schemes run by rogue traders.6 Legal decisions fueled the flames. In Central Bank of Denver v. First Interstate Bank of Denver,7 the Supreme Court shocked the securities bar and overturned twenty years of appellate court precedent with its holding that secondary liability under section IOb of the Securities Exchange Act IMAGE FORMULA9 is an invalid theory for liability in private actions.8 In other cases, the Court also sy...

Research paper thumbnail of Intangible capital in the pharmaceutical & chemical industry

We investigate whether measures of intangible capital based on advertising and R&D can explain va... more We investigate whether measures of intangible capital based on advertising and R&D can explain variation in Tobin’s Q ratio for the pharmaceutical & chemical industry using data from 1982 to 2001. The study is motivated by prior literature studying this relation in other industries, recent literature investigating intangible capital in this industry, and the larger controversy about whether stock valuations have been high due to irrational investors or large investment in intangible capital. We find that our measures of intangible capital are statistically significant determinants of Tobin’s Q and explain twenty percent of the variation in our sample.

Research paper thumbnail of The Virtue of Home Ownership and the Vice of Poorly Secured Lending: The Great Financial Crisis of 2008 as an Unintended Consequence of Warm-Hearted and Bone-Headed Ideas

The Virtue of Home Ownership and the Vice of Poorly Secured Lending: The Great Financial Crisis of 2008 as an Unintended Consequence of Warm-Hearted and Bone-Headed Ideas

This article utilizes a simple economic model of asymmetric information to model a pooling equili... more This article utilizes a simple economic model of asymmetric information to model a pooling equilibrium in the housing market. There are two types of households in the model — disciplined and undisciplined. Disciplined households are able to distinguish themselves by saving a significant portion of their income for a down payment on a home leading to a stable equilibrium. A change in government policy which requires a rate of home ownership greater than the proportion of disciplined households causes the equilibrium to collapse. I argue that change in U.S. housing policy driven by federal legislation had exactly this effect on the housing market and was the actual cause of the 2008 financial crisis.

Research paper thumbnail of Bondholder Wealth Effects from Dividend Changes

Corporate Ownership and Control

Bhagat and Romano (2002a, 2002b) document the importance of event study analysis of equity return... more Bhagat and Romano (2002a, 2002b) document the importance of event study analysis of equity returns in corporate governance. We extend their analysis with the argument that analysis of bond returns around important corporate events can provide additional important information. Such information is particularly important in the current active public discussions over corporate governance. We provide an example of event study analysis of bond returns examining the impact of large dividend changes on both stockholders and bondholders in an effort to differentiate between the information content (transparency) and possible wealth transfers (theft) around dividends. Our study replicates earlier studies on investment grade bonds with ambiguous results using a sample of noninvestment grade bonds. Our results suggest that for ordinary dividend changes, wealth expropriation is a significant explanation in the gain to stockholders.

Research paper thumbnail of The Stock Market Reaction to a Change in Certifying Accountant

The Stock Market Reaction to a Change in Certifying Accountant

Journal of Accounting, Auditing & Finance

Research paper thumbnail of What Will It Take to Label Participation in a Deceptive Scheme to Defraud Buyers of Securities a Violation of Section 10(b)? The Disastrous Result and Reasoning of Stoneridge

Research paper thumbnail of The impact of intangible capital on Tobin's q in the semiconductor industry

The impact of intangible capital on Tobin's q in the semiconductor industry

American Economic Review, 1993

... Following Megna and Dennis Mueller (1991) we use a binomial specification to construct intang... more ... Following Megna and Dennis Mueller (1991) we use a binomial specification to construct intangible capital stocks: m (5) SPit= E jPit-i j=0 where P is the number of patents granted to a firm in a particular year, or the firm's research and development expenditure; m is the number ...

Research paper thumbnail of The Impact on Intangible Capital on Tobin's q in the Semiconductor Industry

The Impact on Intangible Capital on Tobin's q in the Semiconductor Industry

American Economic Review, 1993

Research paper thumbnail of Is Hostility in the Merger and Acquisition Market Wasteful? Empirical Evidence of the Economic Costs of Hostility

Research paper thumbnail of Intangible capital in the pharmaceutical & chemical industry

We investigate whether measures of intangible capital based on advertising and R&D can explain va... more We investigate whether measures of intangible capital based on advertising and R&D can explain variation in Tobin's Q ratio for the pharmaceutical & chemical industry using data from 1982 to 2001. The study is motivated by prior literature studying this relation in other industries, recent literature investigating intangible capital in this industry, and the larger controversy about whether stock valuations have been high due to irrational investors or large investment in intangible capital. We find that our measures of intangible capital are statistically significant determinants of Tobin's Q and explain twenty percent of the variation in our sample.

Research paper thumbnail of Improving the Culture of Ethical Behavior in the Financial Sector: Time to Expressly Provide for Private Enforcement Against Aiders and Abettors of Securities Fraud

SSRN Electronic Journal, 2000

Financial markets do not function well when fraud is pervasive. It has been well documented that ... more Financial markets do not function well when fraud is pervasive. It has been well documented that financial fraud has increased following changes in securities law that occurred in the 1990's. Also around September of 2009, the investigations into the SEC examinations of Bernard Madoff Investment Securities, LLC were completed and released to the public. The simple facts reveal an alarming level of incompetence and lack of financial literacy on the part of the guardians of the integrity of our financial markets. I suggest two important tools for addressing these problems. One is to supplement enforcement of anti-fraud rules with more private attorney generals by expressly creating a private right of action for aiding and abetting violations of securities laws. This will foster a stronger culture of integrity and ethical conduct in the auditing profession. An additional tool is to increase financial literacy in our law schools which supply the regulators of our markets.

Research paper thumbnail of The Taxing Power Of The Federal Government And The General Welfare: What Are The Limits In The Wake Of NFIB V. Sebelius?

University of Pittsburgh Law Review, 2015

The Affordable Care Act seeks to remedy the problem of information asymmetry in the health insura... more The Affordable Care Act seeks to remedy the problem of information asymmetry in the health insurance market by mandating that everyone obtain health insurance or pay a penalty, and by requiring the States to expand Medicaid or lose existing federal funds. In NFIB v. Sebelius, Chief Justice Roberts held that Congress’ power to regulate under the Commerce Clause could not justify the Individual Mandate to purchase insurance, but that the penalty could be construed as a tax and upheld under the taxing power. Chief Justice Roberts also held the Medicaid Expansion to be an unconstitutional use of spending power, but determined that the Medicaid Expansion could remain with the States having the option to keep existing funding and not expand or expand and take the incremental funding. Eight Justices disagreed with the Chief Justice on the Individual Mandate, and six Justices disagreed with the Chief Justice on the Medicaid Expansion. This creates a paradox in that a supermajority of the Co...

Research paper thumbnail of Cooperation and Division: An Empirical Analysis of Voting Similarities and Differences During the Stable Rehnquist Court Era — 1994 to 2005

SSRN Electronic Journal, 2000

There has been only one longer period of stability in the Court's history, and that was in the ea... more There has been only one longer period of stability in the Court's history, and that was in the early nineteenth century when far fewer cases were decided. Because the composition of the Court held constant for so long, the SRCE presents a unique opportunity to conduct a statistical analysis of the Justices' votes. I present a statistical empirical analysis of voting for this period, both for the potentially interesting results and as an example of how to conduct and present an empirical study which is objective and replicable. Some of the findings include the following: only a few pairs of Justices have statistically significant differences in voting records; the magnitude of the departure from independent voting is enormous in statistical terms; Justice Thomas is the most predictable Justice; and Justice Scalia is the least-changed Justice. Of particular interest is a finding that is contrary to conventional wisdom. Conventional wisdom suggests that the median Justice closest to the center, presumably Justice Kennedy, is the most influential Justice. However, I have developed a measure of influence which employs the statistically significant effects the Justices have on each other, and this suggests that the most influential Justices on the Court during the SRCE were Rehnquist, Souter, and Breyer.

Research paper thumbnail of Contrasting the Art of Economic Science with Pseudo-Economic Nonsense: The Distinction between Reasonable Assumptions and Ridiculous Assumptions

SSRN Electronic Journal, 2000

Research paper thumbnail of The Virtue of Home Ownership and the Vice of Poorly Secured Lending: The Great Financial Crisis of 2008 as an Unintended Consequence of Warm-Hearted and Bone-Headed Ideas

The Virtue of Home Ownership and the Vice of Poorly Secured Lending: The Great Financial Crisis of 2008 as an Unintended Consequence of Warm-Hearted and Bone-Headed Ideas

This article utilizes a simple economic model of asymmetric information to model a pooling equili... more This article utilizes a simple economic model of asymmetric information to model a pooling equilibrium in the housing market. There are two types of households in the model — disciplined and undisciplined. Disciplined households are able to distinguish themselves by saving a significant portion of their income for a down payment on a home leading to a stable equilibrium. A change in government policy which requires a rate of home ownership greater than the proportion of disciplined households causes the equilibrium to collapse. I argue that change in U.S. housing policy driven by federal legislation had exactly this effect on the housing market and was the actual cause of the 2008 financial crisis.

Research paper thumbnail of The Stock Market Reaction to Securities Class Action Filings Post PSLRA

The Stock Market Reaction to Securities Class Action Filings Post PSLRA

Research paper thumbnail of The Stock Market Reaction to Class Action Filings Post PSLRA

The Stock Market Reaction to Class Action Filings Post PSLRA

Research paper thumbnail of Dividend and debt decisions of firms

Dividend and debt decisions of firms

Research paper thumbnail of The Impact on Intangible Capital on Tobin's q in the Semiconductor Industry

The Impact on Intangible Capital on Tobin's q in the Semiconductor Industry

The American Economic Review, 1993

Research paper thumbnail of A Raisin in Reserve: Horne , Takings, and the Problem of Government Price Supports

A Raisin in Reserve: Horne , Takings, and the Problem of Government Price Supports

Michigan state law review, 2016

In Horne v. Department of Agriculture, the Supreme Court recently held that the government could ... more In Horne v. Department of Agriculture, the Supreme Court recently held that the government could not assess a fine on a raisin grower for refusing to surrender a portion of his crop in compliance with a government program to artificially inflate the price of raisins, benefitting raisin producers. The Court was split, with Justice Sotomayor strongly opposed to the entire decision and Justices Ginsburg, Breyer, and Kagan dissenting in part. Interestingly, only a very brief concurring opinion written by Justice Thomas touched on the strongest foundation for the majority’s result—in order for a justly compensated taking to be constitutional, it must be for a public use, and clearly a program designed to benefit the narrow class of raisin growers at higher costs and lower raisin availability for the public is not a public use. This Article analogizes the price support program to a government-created cartel that increases prices to confer a private benefit on producers. Such programs are ...

Research paper thumbnail of Two Possible Answers to the Enron Experience: Will It Be Regulation of Fortune Tellers or Rebirth of Secondary Liability?

Two Possible Answers to the Enron Experience: Will It Be Regulation of Fortune Tellers or Rebirth of Secondary Liability?

The Journal of Corporation Law, 2002

I. INTRODUCTION Even before the multi-billion dollar collapse of Enron1 and public allegations of... more I. INTRODUCTION Even before the multi-billion dollar collapse of Enron1 and public allegations of auditor misconduct against Arthur Andersen,2 there was a history of demands for IMAGE FORMULA7 reforming the audit process.3 A wide variety of factors contributed to the public calls for reform. First among these was the emergence and explosive growth of the financial derivatives industry,4 which was widely misunderstood and posed new challenges for accounting.5 Also contributing to the cry for increased oversight were large-scale and highly publicized collapsed Ponzi schemes run by rogue traders.6 Legal decisions fueled the flames. In Central Bank of Denver v. First Interstate Bank of Denver,7 the Supreme Court shocked the securities bar and overturned twenty years of appellate court precedent with its holding that secondary liability under section IOb of the Securities Exchange Act IMAGE FORMULA9 is an invalid theory for liability in private actions.8 In other cases, the Court also sy...

Research paper thumbnail of Intangible capital in the pharmaceutical & chemical industry

We investigate whether measures of intangible capital based on advertising and R&D can explain va... more We investigate whether measures of intangible capital based on advertising and R&D can explain variation in Tobin’s Q ratio for the pharmaceutical & chemical industry using data from 1982 to 2001. The study is motivated by prior literature studying this relation in other industries, recent literature investigating intangible capital in this industry, and the larger controversy about whether stock valuations have been high due to irrational investors or large investment in intangible capital. We find that our measures of intangible capital are statistically significant determinants of Tobin’s Q and explain twenty percent of the variation in our sample.

Research paper thumbnail of The Virtue of Home Ownership and the Vice of Poorly Secured Lending: The Great Financial Crisis of 2008 as an Unintended Consequence of Warm-Hearted and Bone-Headed Ideas

The Virtue of Home Ownership and the Vice of Poorly Secured Lending: The Great Financial Crisis of 2008 as an Unintended Consequence of Warm-Hearted and Bone-Headed Ideas

This article utilizes a simple economic model of asymmetric information to model a pooling equili... more This article utilizes a simple economic model of asymmetric information to model a pooling equilibrium in the housing market. There are two types of households in the model — disciplined and undisciplined. Disciplined households are able to distinguish themselves by saving a significant portion of their income for a down payment on a home leading to a stable equilibrium. A change in government policy which requires a rate of home ownership greater than the proportion of disciplined households causes the equilibrium to collapse. I argue that change in U.S. housing policy driven by federal legislation had exactly this effect on the housing market and was the actual cause of the 2008 financial crisis.

Research paper thumbnail of Bondholder Wealth Effects from Dividend Changes

Corporate Ownership and Control

Bhagat and Romano (2002a, 2002b) document the importance of event study analysis of equity return... more Bhagat and Romano (2002a, 2002b) document the importance of event study analysis of equity returns in corporate governance. We extend their analysis with the argument that analysis of bond returns around important corporate events can provide additional important information. Such information is particularly important in the current active public discussions over corporate governance. We provide an example of event study analysis of bond returns examining the impact of large dividend changes on both stockholders and bondholders in an effort to differentiate between the information content (transparency) and possible wealth transfers (theft) around dividends. Our study replicates earlier studies on investment grade bonds with ambiguous results using a sample of noninvestment grade bonds. Our results suggest that for ordinary dividend changes, wealth expropriation is a significant explanation in the gain to stockholders.

Research paper thumbnail of The Stock Market Reaction to a Change in Certifying Accountant

The Stock Market Reaction to a Change in Certifying Accountant

Journal of Accounting, Auditing & Finance

Research paper thumbnail of What Will It Take to Label Participation in a Deceptive Scheme to Defraud Buyers of Securities a Violation of Section 10(b)? The Disastrous Result and Reasoning of Stoneridge

Research paper thumbnail of The impact of intangible capital on Tobin's q in the semiconductor industry

The impact of intangible capital on Tobin's q in the semiconductor industry

American Economic Review, 1993

... Following Megna and Dennis Mueller (1991) we use a binomial specification to construct intang... more ... Following Megna and Dennis Mueller (1991) we use a binomial specification to construct intangible capital stocks: m (5) SPit= E jPit-i j=0 where P is the number of patents granted to a firm in a particular year, or the firm's research and development expenditure; m is the number ...

Research paper thumbnail of The Impact on Intangible Capital on Tobin's q in the Semiconductor Industry

The Impact on Intangible Capital on Tobin's q in the Semiconductor Industry

American Economic Review, 1993

Research paper thumbnail of Is Hostility in the Merger and Acquisition Market Wasteful? Empirical Evidence of the Economic Costs of Hostility

Research paper thumbnail of Intangible capital in the pharmaceutical & chemical industry

We investigate whether measures of intangible capital based on advertising and R&D can explain va... more We investigate whether measures of intangible capital based on advertising and R&D can explain variation in Tobin's Q ratio for the pharmaceutical & chemical industry using data from 1982 to 2001. The study is motivated by prior literature studying this relation in other industries, recent literature investigating intangible capital in this industry, and the larger controversy about whether stock valuations have been high due to irrational investors or large investment in intangible capital. We find that our measures of intangible capital are statistically significant determinants of Tobin's Q and explain twenty percent of the variation in our sample.

Research paper thumbnail of Improving the Culture of Ethical Behavior in the Financial Sector: Time to Expressly Provide for Private Enforcement Against Aiders and Abettors of Securities Fraud

SSRN Electronic Journal, 2000

Financial markets do not function well when fraud is pervasive. It has been well documented that ... more Financial markets do not function well when fraud is pervasive. It has been well documented that financial fraud has increased following changes in securities law that occurred in the 1990's. Also around September of 2009, the investigations into the SEC examinations of Bernard Madoff Investment Securities, LLC were completed and released to the public. The simple facts reveal an alarming level of incompetence and lack of financial literacy on the part of the guardians of the integrity of our financial markets. I suggest two important tools for addressing these problems. One is to supplement enforcement of anti-fraud rules with more private attorney generals by expressly creating a private right of action for aiding and abetting violations of securities laws. This will foster a stronger culture of integrity and ethical conduct in the auditing profession. An additional tool is to increase financial literacy in our law schools which supply the regulators of our markets.

Research paper thumbnail of The Taxing Power Of The Federal Government And The General Welfare: What Are The Limits In The Wake Of NFIB V. Sebelius?

University of Pittsburgh Law Review, 2015

The Affordable Care Act seeks to remedy the problem of information asymmetry in the health insura... more The Affordable Care Act seeks to remedy the problem of information asymmetry in the health insurance market by mandating that everyone obtain health insurance or pay a penalty, and by requiring the States to expand Medicaid or lose existing federal funds. In NFIB v. Sebelius, Chief Justice Roberts held that Congress’ power to regulate under the Commerce Clause could not justify the Individual Mandate to purchase insurance, but that the penalty could be construed as a tax and upheld under the taxing power. Chief Justice Roberts also held the Medicaid Expansion to be an unconstitutional use of spending power, but determined that the Medicaid Expansion could remain with the States having the option to keep existing funding and not expand or expand and take the incremental funding. Eight Justices disagreed with the Chief Justice on the Individual Mandate, and six Justices disagreed with the Chief Justice on the Medicaid Expansion. This creates a paradox in that a supermajority of the Co...

Research paper thumbnail of Cooperation and Division: An Empirical Analysis of Voting Similarities and Differences During the Stable Rehnquist Court Era — 1994 to 2005

SSRN Electronic Journal, 2000

There has been only one longer period of stability in the Court's history, and that was in the ea... more There has been only one longer period of stability in the Court's history, and that was in the early nineteenth century when far fewer cases were decided. Because the composition of the Court held constant for so long, the SRCE presents a unique opportunity to conduct a statistical analysis of the Justices' votes. I present a statistical empirical analysis of voting for this period, both for the potentially interesting results and as an example of how to conduct and present an empirical study which is objective and replicable. Some of the findings include the following: only a few pairs of Justices have statistically significant differences in voting records; the magnitude of the departure from independent voting is enormous in statistical terms; Justice Thomas is the most predictable Justice; and Justice Scalia is the least-changed Justice. Of particular interest is a finding that is contrary to conventional wisdom. Conventional wisdom suggests that the median Justice closest to the center, presumably Justice Kennedy, is the most influential Justice. However, I have developed a measure of influence which employs the statistically significant effects the Justices have on each other, and this suggests that the most influential Justices on the Court during the SRCE were Rehnquist, Souter, and Breyer.

Research paper thumbnail of Contrasting the Art of Economic Science with Pseudo-Economic Nonsense: The Distinction between Reasonable Assumptions and Ridiculous Assumptions

SSRN Electronic Journal, 2000

Research paper thumbnail of The Virtue of Home Ownership and the Vice of Poorly Secured Lending: The Great Financial Crisis of 2008 as an Unintended Consequence of Warm-Hearted and Bone-Headed Ideas

The Virtue of Home Ownership and the Vice of Poorly Secured Lending: The Great Financial Crisis of 2008 as an Unintended Consequence of Warm-Hearted and Bone-Headed Ideas

This article utilizes a simple economic model of asymmetric information to model a pooling equili... more This article utilizes a simple economic model of asymmetric information to model a pooling equilibrium in the housing market. There are two types of households in the model — disciplined and undisciplined. Disciplined households are able to distinguish themselves by saving a significant portion of their income for a down payment on a home leading to a stable equilibrium. A change in government policy which requires a rate of home ownership greater than the proportion of disciplined households causes the equilibrium to collapse. I argue that change in U.S. housing policy driven by federal legislation had exactly this effect on the housing market and was the actual cause of the 2008 financial crisis.

Research paper thumbnail of The Stock Market Reaction to Securities Class Action Filings Post PSLRA

The Stock Market Reaction to Securities Class Action Filings Post PSLRA

Research paper thumbnail of The Stock Market Reaction to Class Action Filings Post PSLRA

The Stock Market Reaction to Class Action Filings Post PSLRA

Research paper thumbnail of Dividend and debt decisions of firms

Dividend and debt decisions of firms