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Tuesday, May 14, 2024

Information asymmetry

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Information_asymmetry
Diagram illustrating the balance of power with perfect information by buyers and sellers.

In contract theory, mechanism design, and economics, an information asymmetry is a situation where one party has more or better information than the other.

Information asymmetry creates an imbalance of power in transactions, which can sometimes cause the transactions to be inefficient, causing market failure in the worst case. Examples of this problem are adverse selection, moral hazard, and monopolies of knowledge.

A common way to visualise information asymmetry is with a scale, with one side being the seller and the other the buyer. When the seller has more or better information, the transaction will more likely occur in the seller's favour ("the balance of power has shifted to the seller"). An example of this could be when a used car is sold, the seller is likely to have a much better understanding of the car's condition and hence its market value than the buyer, who can only estimate the market value based on the information provided by the seller and their own assessment of the vehicle. The balance of power can, however, also be in the hands of the buyer. When buying health insurance, the buyer is not always required to provide full details of future health risks. By not providing this information to the insurance company, the buyer will pay the same premium as someone much less likely to require a payout in the future. The adjacent image illustrates the balance of power between two agents when there is perfect information. Perfect information means that all parties have complete knowledge. If the buyer has more information, the power to manipulate the transaction will be represented by the scale leaning towards the buyer's side.

Information asymmetry extends to non-economic behaviour. Private firms have better information than regulators about the actions that they would take in the absence of regulation, and the effectiveness of a regulation may be undermined. International relations theory has recognized that wars may be caused by asymmetric information and that "Most of the great wars of the modern era resulted from leaders miscalculating their prospects for victory". Jackson and Morelli wrote that there is asymmetric information between national leaders, when there are differences "in what they know [i.e. believe] about each other's armaments, quality of military personnel and tactics, determination, geography, political climate, or even just about the relative probability of different outcomes" or where they have "incomplete information about the motivations of other agents".

Information asymmetries are studied in the context of principal–agent problems where they are a major cause of misinforming and is essential in every communication process. Information asymmetry is in contrast to perfect information, which is a key assumption in neo-classical economics.

In 1996, a Nobel Memorial Prize in Economics was awarded to James A. Mirrlees and William Vickrey for their "fundamental contributions to the economic theory of incentives under asymmetric information". This led the Nobel Committee to acknowledge the importance of information problems in economics. They later awarded another Nobel Prize in 2001 to George Akerlof, Michael Spence, and Joseph E. Stiglitz for their "analyses of markets with asymmetric information". The 2007 Nobel Memorial Prize in Economic Sciences was awarded to Leonid Hurwicz, Eric Maskin, and Roger Myerson "for having laid the foundations of mechanism design theory", a field dealing with designing markets that encourage participants to honestly reveal their information.

History

The puzzle of information asymmetry has existed for as long as the market itself but remained largely unstudied until the post-WWII period. It is an umbrella term that can contain a vast diversity of topics.

Greek Stoics (2nd century BCE) treated the advantage that sellers derive from privileged information in the story of the Merchant of Rhodes. Accordingly, a famine had broken out on the island of Rhodes and several grain merchants in Alexandria set sail to deliver supplies. One of these merchants who arrives ahead of his competitors faces a choice: should he let Rhodians know that grain supplies are on the way or keep this knowledge to himself? Either decision will determine his profit margin. Cicero related this dilemma in De Officiis and agreed with Greek Stoics that the merchant had a duty to disclose. Thomas Aquinas overturned this consensus and considered price disclosure was not obligatory.

The three topics mentioned above drew on some important predecessors. Joseph Stiglitz considered the work of earlier economists, including Adam Smith, John Stuart Mill, and Max Weber. He ultimately concludes that though these economists seemed to have an understanding of the problems of information, they largely did not consider the implications of them, and tended to minimize the impact they could have or consider them merely secondary issues.

One exception to this is the work of economist Friedrich Hayek. His work with prices as information conveying relative scarcity of goods can be noted as an early form of acknowledging information asymmetry, but with a different name.

2001 Nobel Prize Inspirations

Information problems have always affected the lives of humans, yet it was not studied with any seriousness until near the 1970s when three economists fleshed out models which revolutionized the way we think about information and its interaction with the market. George Akerlof's paper The Market for Lemons introduced a model to help explain a variety of market outcomes when quality is uncertain. Akerlof's primary model considers the automobile market where the seller knows the exact quality of a car. In contrast, the buyer only knows the probability of whether a vehicle is good or bad (a lemon). Since the buyer pays the same price (based on their expected quality) for good cars and bad cars, sellers with high-quality cars may find the transaction unprofitable and leave, resulting in a market with a higher proportion of bad cars. The pathological path can continue as the buyer adjusts the expected quality and offers even lower prices, further driving out cars with not-so-bad quality. This results in a market failure purely driven by information asymmetry, as under perfect information, all cars can be sold according to their quality. Akerlof extends the model to explain other phenomena: Why raising the insurance price cannot facilitate seniors getting medical insurance? Why may employers rationally refuse to hire minorities? Through various applications, Akerlof developed the importance of trust in markets and highlighted the "cost of dishonesty" in insurance markets, credit markets, and developing areas. Around the same time, an economist by the name of Michael Spence wrote on the topic of job market signaling, and was introduced a work of the same name. The final topic is Stiglitz's work on the mechanism of screening. These three economists helped to further clarify a variety of economic puzzles at the time and would go on to win a Nobel Prize in 2001 for their contributions to the field. Since then, several economists have followed in their footsteps to solve more pieces of the puzzle.

Akerlof

Akerlof drew heavily from the work of economist Kenneth Arrow. Arrow, who was awarded a Nobel Prize in Economics in 1972, studied uncertainty in the field of medical care, among other things (Arrow 1963). His work highlighted several factors which became important to Akerlof's studies. First, is the idea of moral hazard. By being insured, customers may be inclined to be less careful than they otherwise would without insurance because they know the costs will be covered. Thus, an incentive to be less careful and increase risk exists. Second, Arrow studied the business models of insurance companies and noted that higher-risk individuals are pooled with lower-risk individuals, but both are covered at the same cost. Third, Arrow noted the role of trust in the relationship between doctor and patient. Medical providers only get paid when a patient is sick, and not when a person is healthy. Because of this, there is a great incentive for doctors to not provide the quality of care they could. A patient must defer to the doctor and trust that the doctor is using their knowledge to their best advantage to provide the patient with the best care. Thus, a relationship of trust is established. According to Arrow, the doctor relies on the social obligation of trust to sell their services to the public, even though the patients do not or cannot inspect the quality of a doctor's work. Last, he notes how this unique relationship demands that high levels of education and certification be attained by doctors in order to maintain the quality of medical service provided by doctors. These four ideas from Arrow contributed largely to Akerlof's work.

Spence

Spence cited no sources for his inspiration. However, he did acknowledge Kenneth Arrow and Thomas Schelling as helpful in discussing ideas during his pursuit of knowledge. He was the first to coin the term "signaling", and encouraged other economists to follow in his footsteps because he believed he had introduced an important concept in economics.

Stiglitz

Most of Stiglitz's academic inspirations were from his contemporaries. Stiglitz primarily attributes his thinking to articles by Spence, Akerlof, and a few earlier works by him and his co-author Michael Rothschild (Rothschild and Stiglitz 1976), each discussing various aspects of screening and the role of education. Stiglitz's work was a complement to the works of Spence and Akerlof and thus drew from some of the same inspirations from Arrow as Akerlof had.

The discussion of information asymmetry came to the forefront of economics in the 1970s when Akerlof introduced the idea of a "market for lemons" in a paper by the same name (Akerlof 1970). In this paper, Akerlof introduced a fundamental concept that certain sellers of used cars have more knowledge than the buyers, and this can lead to what is known as "adverse selection". This idea may be one of the most important in the history and understanding of asymmetric information in economics.

Spence introduced the idea of "signaling" shortly after the publication of Akerlof's work.

Stiglitz expanded upon the ideas of Spence and Akerlof by introducing an economic function of information asymmetry called "screening". Stiglitz's work in this area referred to the market for insurance, which is rife with information asymmetry problems to be studied.

Impact of 2001 Nobel Work

These three economists' simple yet revolutionary work birthed a movement in economics that changed how the field viewed the market forever. No longer can perfect information be assumed in some problems, as in most neoclassical models. Information asymmetry began to grow in prevalence in academic literature. In 1996, a Nobel Prize was given to James Mirrlees and William Vickrey for their research back in the 1970s and 1970s on incentive problems when facing uncertainty under asymmetric information. The impact of such academic work can go unrecognized for decades. Differing from the topics presented by Akerlof, Spence and Stiglitz, Mirrlees and Vickrey focused on how income taxation and auctions can be used as a mechanism to draw out information from market participants efficiently. This award marked the importance of information asymmetry in economics. It began a greater discussion on the topic that later led the Nobel committee to award three economists again in 2001 for significant contributions to the aforementioned topics.

These economists continued after the 1970s to contribute to the field of economics and develop their theories, and they have all had significant impacts. Akerlof's work had more impact than just the market for used cars. The pooling effect in the used car market also happens in the employment market for minorities.

One of the most notable impacts of Akerlof's work is its impact on Keynesian theory. Akerlof argues that the Keynesian theory of unemployment being voluntary implies that quits would rise with unemployment. He argues against his critics by drawing upon reasoning based on psychology and sociology rather than pure economics. He supplemented this with an argument that people do not always behave rationally, but rather information asymmetry leads to only "near rationality", which causes people to deviate from optimal behavior regarding employment practices.

Akerlof continues to champion behavioral economics, that these breaches into the fields of psychology and sociology are profound extensions of information asymmetry.

Stiglitz wrote that the trio's work has created a substantial wave in the field of economics. He notes how he explored the economies of third-world countries, and they seemed to exhibit behavior consistent with their theories. He noted how other economists have referred to gaining information as a transaction cost. Stiglitz also attempts to narrow down the sources of information asymmetries. He ties it back to the nature of each individual having information that others do not. Stiglitz also mentions how information asymmetry can be overcome. He believes there are two crucial things to consider: first, the incentives, and second, the mechanisms for overcoming information asymmetry. He argues that the incentives will always be there because markets are inherently informationally inefficient. If there is an opportunity to profit from gaining knowledge, people will do so. If there is no profit to be had, then people will not do so.

Spence's work on signaling moved on in the 1980s to spawn the field of study known as game theory.

The idea of information asymmetry has also had a significant effect on management research. It continues to offer additional improvements and opportunities as scholars continue their work.

Models

Information asymmetry models assume one party possesses some information that other parties have no access to. Some asymmetric information models can also be used in situations where at least one party can enforce, or effectively retaliate for breaches of, certain parts of an agreement, whereas the other(s) cannot.

Adverse Selection

Akerlof suggested that information asymmetry leads to adverse selections. In adverse selection models, the ignorant party lacks or has differing information while negotiating an agreed understanding of or contract to the transaction. An example of adverse selection is when people who are high-risk are more likely to buy insurance because the insurance company cannot effectively discriminate against them, usually due to lack of information about the particular individual's risk but also sometimes by force of law or other constraints.

Credence Goods fits in the adverse selection model of information asymmetry. These are goods where the buyer lacks the knowledge even after a product is consumed to disguise the product's quality or where the buyer is unaware of the quality needed. An example of this are complex medical treatments such as heart surgery.

Moral Hazard

Moral hazard occurs when the ignorant party lacks information about the performance of the agreed-upon transaction or lacks the ability to retaliate for a breach of the agreement. This can result in a situation where a party is more likely to take risks because they are not fully responsible for the consequences of their actions. An example of moral hazard is when people are more likely to behave recklessly after becoming insured, either because the insurer cannot observe this behaviour or cannot effectively retaliate against it, for example, by failing to renew the insurance. Moral Hazard is not limited to individuals firms can act more recklessly if they know they will be bailed out. For example, banks will allow parties to take out risky loans if they know that the government will bail them out.

Monopolies of Knowledge

In the model of monopolies of knowledge, the ignorant party has no right to access all the critical information about a situation for decision-making. Meaning one party has exclusive control over information. This type of information asymmetry can be seen in government. An example of monopolies of knowledge is that in some enterprises, only high-level management can fully access the corporate information provided by a third party. At the same time, lower-level employees are required to make important decisions with only limited information provided to them.

Solutions

Countermeasures have widely been discussed to reduce information asymmetry. The classic paper on adverse selection is George Akerlof's "The Market for Lemons" from 1970, which brought informational issues to the forefront of economic theory. Exploring signaling and screening, the paper discusses two primary solutions to this problem. A similar concept is moral hazard, which differs from adverse selection at the timing level. While adverse selection affects parties before the interaction, moral hazard affects parties after the interaction. Regulatory instruments such as mandatory information disclosure can also reduce information asymmetry. Warranties can further help mitigate the effect of asymmetric information.

Signalling

Michael Spence originally proposed the idea of signalling. He suggested that in a situation with information asymmetry, it is possible for people to signal their type, thus believably transferring information to the other party and resolving the asymmetry.

This idea was initially studied in the context of matching in the job market. An employer is interested in hiring a new employee who is "skilled in learning". Of course, all prospective employees will claim to be "skilled in learning", but only they know if they really are. This is an information asymmetry.

Spence proposes, for example, that going to college can function as a credible signal of an ability to learn. Assuming that people who are skilled in learning can finish college more easily than people who are unskilled, then by finishing college, the skilled people signal their skills to prospective employers. No matter how much or how little they may have learned in college or what they studied, finishing functions as a signal of their capacity for learning. However, finishing college may merely function as a signal of their ability to pay for college; it may signal the willingness of individuals to adhere to orthodox views, or it may signal a willingness to comply with authority.

Signalling theory can be used in e-commerce research. Information asymmetry in e-commerce comes from information distortion that leads to the buyer's misunderstanding of the seller's true characteristics before the contract. Mavlanova, Benbunan-Fich and Koufaris (2012) noticed that signalling theory explains the relation between signals and qualities, illustrating why some signals are trustworthy and others are not. In e-commerce, signals deliver information about the characteristics of the seller. For instance, high-quality sellers are able to show their identity to buyers by using signs and logos, and then buyers check these signals to evaluate the credibility and validity of a seller's qualities. The study of Mavlanova, Benbunan-Fich and Koufaris (2012) also confirmed that signal usage is different between low-quality and high-quality online sellers. Low-quality sellers are more likely to avoid using expensive, easy-to-verify signals and tend to use fewer signals than high-quality sellers. Thus, signals help reduce information asymmetry.

Screening

Joseph E. Stiglitz pioneered the theory of screening. In this way, the under informed party can induce the other party to reveal their information. They can provide a menu of choices in such a way that the choice depends on the private information of the other party.

The side of asymmetry can occur on either buyer or seller. For example, sellers with better information than buyers include used-car salespeople, mortgage brokers and loan originators, stockbrokers and real estate agents. Alternatively, situations where the buyer usually has better information than the seller include estate sales as specified in a last will and testament, life insurance, or sales of old art pieces without a prior professional assessment of their value. This situation was first described by Kenneth J. Arrow in an article on health care in 1963.

George Akerlof, in The Market for Lemons notices that, in such a market, the average value of the commodity tends to go down, even for those of perfectly good quality. Because of information asymmetry, unscrupulous sellers can sell "forgeries" (like replica goods such as watches) and defraud the buyer. Meanwhile, buyers usually do not have enough information to distinguish lemons from quality goods. As a result, many people not willing to risk getting ripped off will avoid certain types of purchases or will not spend as much for a given item. Akerlof demonstrates that it is even possible for the market to decay to the point of nonexistence.

As lower-risk participants leave the pool, expected costs of the pool increase which causes premiums to increase

An example of adverse selection and information asymmetry causing market failure is the market for health insurance. Policies usually group subscribers together, where people can leave, but no one can join after it is set. As health conditions are realized over time, information involving health costs will arise, and low-risk policyholders will realize the mismatch in the premiums and health conditions. Due to this, healthy policyholders are incentivized to leave and reapply to get a cheaper policy that matches their expected health costs, which causes the premiums to increase. As high-risk policyholders are more dependent on insurance, they are stuck with higher premium costs as the group size reduces, which causes premiums to increase even further. This cycle repeats until the high-risk policy holders also find similar health policies with cheaper premiums, in which the initial group disappears. This concept is known as the death spiral and has been researched as early as 1988.

Akerlof also suggests different methods with which information asymmetry can be reduced. One of those instruments that can be used to reduce the information asymmetry between market participants is intermediary market institutions called counteracting institutions, for instance, guarantees for goods. By providing a guarantee, the buyer in the transaction can use extra time to obtain the same amount of information about the good as the seller before the buyer takes on the complete risk of the good being a "lemon". Other market mechanisms that help reduce the imbalance in information include brand names, chains and franchising that guarantee the buyer a threshold quality level. These mechanisms also let owners of high-quality products get the full value of the goods. These counteracting institutions then keep the market size from reducing to zero.

Warranty

Warranties are utilised as a method of verifying the credibility of a product and are a guarantee issued by the seller promising to replace or repair the good should the quality not be sufficient. Product warranties are often requested from buying parties or financial lenders and have been used as a form of mediation dating back to the Babylonian era. Warranties can come in the form of insurance and can also come at the expense of the buyer. The implementation of "lemon laws" has eradicated the effect of information asymmetry upon customers who have received a faulty item. Essentially, this involves the customers returning a defective product regardless of circumstances within a certain time period.

Mandatory information disclosure

Both signaling and screening resemble voluntary information disclosure, where the party having more information, for their own best interest, use various measures to inform the other party. However, voluntary information disclosure is not always feasible. Regulators can thus take active measures to facilitate the spread of information. For example, the Securities and Exchange Commission (SEC) initiated Regulation Fair Disclosure (RFD) so that companies must faithfully disclose material information to investors. The policy has reduced information asymmetry, reflected in the lower trading costs.

Incentives and penalties

For firms to reduce moral hazard, they can implement penalties for bad behaviour and incentives to align objectives. An example of building in an incentive is insurance companies not insuring customers for the total value; this provides an incentive to be less reckless as the customer will suffer financial liability as well.

Information gathering

Most models in traditional contract theory assume that asymmetric information is exogenously given. Yet, some authors have also studied contract-theoretic models in which asymmetric information arises endogenously because agents decide whether or not to gather information. Specifically, Crémer and Khalil (1992) and Crémer, Khalil, and Rochet (1998a) study an agent's incentives to acquire private information after a principal has offered a contract. In a laboratory experiment, Hoppe and Schmitz (2013) have provided empirical support for the theory. Several further models have been developed which study variants of this setup. For instance, when the agent has not gathered information at the outset, does it make a difference whether or not he learns the information later on, before production starts? What happens if the information can be gathered already before a contract is offered? What happens if the principal observes the agent's decision to acquire information? Finally, the theory has been applied in several contexts, such as public-private partnerships and vertical integration.

Sources

Information asymmetry within societies can be created and maintained in several ways. Firstly, media outlets, due to their ownership structure or political influences, may fail to disseminate certain viewpoints or choose to engage in propaganda campaigns. Furthermore, an educational system relying on substantial tuition fees can generate information imbalances between the poor and the affluent. Imbalances can also be fortified by specific organizational and legal measures, such as document classification procedures or non-disclosure clauses. Exclusive information networks that are operational around the world further contribute to the asymmetry. Copyright laws increase information imbalances between the poor and the affluent. Lastly, mass surveillance helps the political and industrial leaders to amass large volumes of information, which is typically not shared with the rest of society.

Market impact

Zavolokina, Schlegel, and Schwabe (2020) state that Information asymmetry makes buyers and sellers distrust each other, which leads to opportunistic behaviour and may even lead to complete break down of the market. At the same time, lower quality provision in markets is also one of the consequences, as sellers do not get benefits enough to cover their production costs of providing higher quality products.

Countermeasures

  • Abito, Jose Miguel, & Salant, Yuval proposed that warranty enhancing consumer welfare highlights the relevance of policies that directly guide consumer decisions and increases buyers' trust in high-quality buyers.
  • Establish a real-time information announce platform, according to the collect information to achieve market transparency,eliminate trading concerns thereby.
  • Enhance customer experience by third-party quality checks like providing expert reviews.
  • Consumer protection law ensure that product quality meets expectations and that contract terms are fair.
  • Ensure quality in the form of standards and certificates and prove that all technical parameters have been tested.

Application in research

Accounting and finance

A substantial portion of research in the field of accounting can be framed in terms of information asymmetry, since accounting involves the transmission of an enterprise's information from those who have it to those who need it for decision-making. Bartov and Bodnar (1996) mentioned that the different accounting methods used by enterprises can lead to information asymmetry. For instance aggressively recognising revenue can result in preparers of financial statements having a much better understanding of the levels of future revenue then those reading the statements. Likewise, in finance literature, the acknowledgment of information asymmetry between organizations challenged the Modigliani–Miller theorem, which states that the valuation of a firm is unaffected by its financial structure. It challenges the theorem as one of the key assumptions is that investors would have the same information as a corporation. If there is not symmetry in information corporations can leverage their capital structure to get the most out of their valuation. Information asymmetry shed light on the importance of aligning interests of managers with those of stakeholders. As managers with significant power from information may make decision based on their own interest as opposed to the companies. When the level of information asymmetry and associated monitoring cost is high, firms tend to rely less on board monitoring and more on incentive alignment. Various measures are used to align interest of managers to stop them from abusing their power from information asymmetry such as compensating based on performance using a bonus structure. This field of study is referred to as agency theory. Furthermore, financial economists apply information asymmetry in studies of differentially informed financial market participants (insiders, stock analysts, investors, etc.) or in the cost of finance for MFIs.

Effect of blogging

The effect of blogging as a source of information asymmetry as well as a tool reduce asymmetric information has also been well studied. Blogging on financial websites provides bottom-up communication among investors, analysts, journalists, and academics, as financial blogs help prevent people in charge from withholding financial information from their company and the general public. Compared to traditional forms of media such as newspapers and magazines, blogging provides an easy-to-access venue for information. A 2013 study by Gregory Saxton and Ashley Anker concluded that more participation on blogging sites from credible individuals reduces information asymmetry between corporate insiders, additionally reducing the risk of insider trading.

A game of imperfect information with sub-games. Here each player will have no information of each other's move while making decisions. This representation is of one person's decisions in a game, however, it does not correspond to the actual timing of the player's decisions. The dashed line between nodes represent information asymmetry and show that, during the game, a party cannot distinguish between the nodes.

Game theory

Game theory can be used to analyse asymmetric information. A large amount of the foundational ideas in game theory builds on the framework of information asymmetry. In simultaneous games, each player has no prior knowledge of an opponent's move. In sequential games, players may observe all or part of the opponent's moves. One example of information asymmetry is one player can observe the opponent's past activities while the other player cannot. Therefore, the existence and level of information asymmetry in a game determines the dynamics of the game. James Fearon in his study of the explanations for war in a game theoretic context notices that war could be a consequence of information asymmetry – two countries will not reach a non-violent settlement because they have incentives to distort the amount of military resources they possess.

Contract theory

Contract theory provides insights into how various economic agents can enter contractual arrangements in situation of unequal levels of information. The development of contract theory is based on assuming its parties possess different levels of information on the contract's subject. For instance, in a road construction contract, a civil engineer may have more information on the various inputs required to undertake the project, than the other parties. Through contract theory, economic agents gain insights on how they can exploit information available to them, to enter beneficial contractual arrangements. The impact information asymmetry causes among parties with competing interests, such as games, has contributed to game theory. In no game do its players have complete information about each other; most importantly, no player knows the strategy the others intends to use to realize a win. This information asymmetry, together with the competing interests have resulted in the development of game theory (which seeks to provides insights as to how parties caught up in a situation where they are required to compete under a set of rules, can maximize their expected outcomes).

Information asymmetry occurs in situations where some parties have more information regarding an issue than others. It is considered a major cause of market failure. The contribution of information asymmetry to market failure arises from the fact that it impairs with the free hand which is expected to guide how modern markets work. For example, the stock market forms a major avenue through which publicly traded entities can raise their capital. The operation of stock markets across the world, is carried in a way that ensures current and potential investors have the same level of information about the stocks or any other securities that may be listed in that market. That level of information symmetry helps to ensure similar conditions to all parties in the market, which in turn helps to ensure the securities listed in those markets trade at fair value. However, cases of information sometimes arise, when certain parties obtain information that is not in the public domain. This can create market return abnormalities, such as an abrupt surge or decline in a security.

Artificial intelligence

Tshilidzi Marwala and Evan Hurwitz in their study of the relationship between information asymmetry and artificial intelligence observed that there is a reduced level of information asymmetry between two artificial intelligent agents than between two human agents. As a consequence, when these artificial intelligent agents engage in financial markets it reduces arbitrage opportunities making markets more efficient. The study also revealed that as the number of artificial intelligent agents in the market increase, the volume of trades in the market will decrease. This is primarily because information asymmetry of the perceptions of value of goods and services is the basis of trade.

Management

Information asymmetry has been applied in a variety of ways in management research ranging from conceptualizations of information asymmetry to building resolutions to reduce it. Studies have shown that information asymmetry can be a source of competitive advantage for the firms. A 2013 study by Schmidt and Keil has revealed that the presence of private information asymmetry within firms influences normal business activities. Firms that have a more concrete understanding of their resources can use this information to gauge their advantage over competitors. In Ozeml, Reuer and Gulati's 2013 study, they found that 'different information' was an additional source of information asymmetry in venture capitalist and alliance networks; when different team members bring diverse, specialized knowledge, values and outlooks towards a common strategic decision, the lack of homogeneous information distribution among the members leads to inefficient decision making.

Firms have the ability to apply strategies that exploit their informational gap. One way they can do this is through impression management, which involves undertaking actions and releasing information to influence stakeholders' and analysts' opinions positively, exploiting information asymmetry as external parties heavily rely on the information released by firms. A second way that firms exploit information asymmetry is through decoupling. This describes the discrepancy between formal procedures and failure to implement them. An example of this is executives announcing a stock repurchase plan without any intention of carrying it out, allowing them to raise new cash flow for their own benefit at the expense of shareholders. Management research goes on to explain that agents can perpetuate information asymmetry through information concealment. This involves firms not sharing information to exploit the informational advantage over rivals. In resource-based theory, it shows firms concealing information about their competitive advantage in order to build causal ambiguity to protect their firm from imitation.

Information asymmetry problems can be addressed by management through several approaches. First is the usage of incentives to encourage the disclosure and sharing information. An example of this is partnering specifically with companies that disclose relatively more information. Second, is through precommitment, where actions are undertaken at present to ensure future commitments. Third, is the usage of an information intermediary in which an intermediary is used to gather and relay information between two parties. A common example of this are financial analysts that gather information from the financial statements of a company, and uses it to create reports and advice for potential investors and clients. Fourth, is the usage of monitoring and reward. Monitoring allows management to confirm information that was previously uncertain, such as performance and behaviour. Monitoring can also be used alongside other incentives such as rewarding for performance.

Online Advertising

Online advertising is a dominant form of advertising, and a potential source of information asymmetry. Online advertising consists of utilities(a good) being encoded into a message received by a customer who decodes the message, making a purchasing decision. Firms' messages are tailored to specific goals and intentions, and can be a source of information asymmetry due to interpretation, or intent. The nature of the internet and prevalence of social media in society has given firms opportunities to create promotional content in a less passive way than other forms of advertising. 'Noise' represents any techniques that are used with the intent of obstructing, altering, or blocking the interpretation of the message by the receiver. This can increase the amount of information asymmetry in a transaction, as the buyer may not understand the product to its fullest extent, even if they believe to fully understand the message being sent to them.

Firms communicate to the virtual marketplace through online advertising, and as such the feedback of consumers feeling manipulated or feeling the presence of information asymmetry may be indicative of the lack of transparency by a firm. Highly advertised and strongly promoted items are generally more likely to be bought by customers, even if the product is inferior to less advertised competition, introducing adverse selection. The power of the internet also changes how consumers deal with information asymmetry, as they have the means to find vast amounts of information about products with relatively little effort. While a consumer can use this power to assist their research to find a product that is not being marketed maliciously, this decision is made due to information asymmetry, not due to the customer being perfectly rational.

Some consumers are aware of the usage of strategies and techniques by firms to advertise and influence their media consumption, however do not necessarily alter their trust in the source of the information accordingly. Online advertising that appears trustworthy but can be malicious in intent can still be trusted by consumers, despite the information asymmetry, even if consumers themselves identify as critical of the medium. Social media personalities, much like other celebrities, also have influence over consumers who would otherwise consider themselves dissuaded by the advertising, providing firms another method of aggressive advertising with potential information asymmetry.

At-will employment

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/At-will_employment

In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish "just cause" for termination), and without warning, as long as the reason is not illegal (e.g. firing because of the employee's gender, sexual orientation, race, religion, or disability status). When an employee is acknowledged as being hired "at will", courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave their job without reason or warning. The practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power.

At-will employment gradually became the default rule under the common law of the employment contract in most U.S. states during the late 19th century, and was endorsed by the U.S. Supreme Court during the Lochner era, when members of the U.S. judiciary consciously sought to prevent government regulation of labor markets. Over the 20th century, many states modified the rule by adding an increasing number of exceptions, or by changing the default expectations in the employment contract altogether. In workplaces with a trade union recognized for purposes of collective bargaining, and in many public sector jobs, the normal standard for dismissal is that the employer must have a "just cause". Otherwise, subject to statutory rights (particularly the discrimination prohibitions under the Civil Rights Act), most states adhere to the general principle that employer and employee may contract for the dismissal protection they choose. At-will employment remains controversial, and remains a central topic of debate in the study of law and economics, especially with regard to the macroeconomic efficiency of allowing employers to summarily and arbitrarily terminate employees.

Definition

At-will employment is generally described as follows: "any hiring is presumed to be 'at will'; that is, the employer is free to discharge individuals 'for good cause, or bad cause, or no cause at all,' and the employee is equally free to quit, strike, or otherwise cease work."[6] In an October 2000 decision largely reaffirming employers' rights under the at-will doctrine, the Supreme Court of California explained:

Labor Code section 2922 establishes the presumption that an employer may terminate its employees at will, for any or no reason. A fortiori, the employer may act peremptorily, arbitrarily, or inconsistently, without providing specific protections such as prior warning, fair procedures, objective evaluation, or preferential reassignment. Because the employment relationship is "fundamentally contractual" (Foley, supra, 47 Cal.3d 654, 696), limitations on these employer prerogatives are a matter of the parties' specific agreement, express or implied in fact. The mere existence of an employment relationship affords no expectation, protectible by law, that employment will continue, or will end only on certain conditions, unless the parties have actually adopted such terms. Thus if the employer's termination decisions, however arbitrary, do not breach such a substantive contract provision, they are not precluded by the covenant.

At-will employment disclaimers are a staple of employee handbooks in the United States. It is common for employers to define what at-will employment means, explain that an employee's at-will status cannot be changed except in a writing signed by the company president (or chief executive), and require that an employee sign an acknowledgment of their at-will status. However, the National Labor Relations Board has opposed as unlawful the practice of including in such disclaimers language declaring that the at-will nature of the employment cannot be changed without the written consent of senior management.

History

The original common law rule for dismissal of employees according to William Blackstone envisaged that, unless another practice was agreed, employees would be deemed to be hired for a fixed term of one year. Over the 19th century, most states in the North adhered to the rule that the period by which an employee was paid (a week, a month or a year) determined the period of notice that should be given before a dismissal was effective. For instance, in 1870 in Massachusetts, Tatterson v. Suffolk Manufacturing Company held that an employee's term of hiring dictated the default period of notice. By contrast, in Tennessee, a court stated in 1884 that an employer should be allowed to dismiss any worker, or any number of workers, for any reason at all. An individual, or a collective agreement, according to the general doctrine of freedom of contract could always stipulate that an employee should only be dismissed for a good reason, or a "just cause", or that elected employee representatives would have a say on whether a dismissal should take effect. However, the position of the typical 19th-century worker meant that this was rare.

The at-will practice is typically traced to a treatise published by Horace Gray Wood in 1877, called Master and Servant. Wood cited four U.S. cases as authority for his rule that when a hiring was indefinite, the burden of proof was on the servant to prove that an indefinite employment term was for one year. In Toussaint v. Blue Cross & Blue Shield of Michigan, the Court noted that "Wood's rule was quickly cited as authority for another proposition." Wood, however, misinterpreted two of the cases which in fact showed that in Massachusetts and Michigan, at least, the rule was that employees should have notice before dismissal according to the periods of their contract.

In New York, the first case to adopt Wood's rule was Martin v. New York Life Insurance Company (1895). Justice Edward T. Bartlett wrote that New York law now followed Wood's treatise, which meant that an employee who received $10,000, paid in a salary over a year, could be dismissed immediately. The case did not make reference to the previous authority. Four years earlier, Adams v. Fitzpatrick (1891) had held that New York law followed the general practice of requiring notice similar to pay periods. However, subsequent New York cases continued to follow the at-will rule into the early 20th century.

Some courts saw the rule as requiring the employee to prove an express contract for a definite term in order to maintain an action based on termination of the employment. Thus was born the U.S. at-will employment rule, which allowed discharge for no reason. This rule was adopted by all U.S. states. In 1959, the first judicial exception to the at-will rule was created by one of the California Courts of Appeal. Later, in a 1980 landmark case involving ARCO, the Supreme Court of California endorsed the rule first articulated by the Court of Appeal. The resulting civil actions by employees are now known in California as Tameny actions for wrongful termination in violation of public policy.

Since 1959, several common law and statutory exceptions to at-will employment have been created.

Common law protects an employee from retaliation if the employee disobeys an employer on the grounds that the employer ordered him or her to do something illegal or immoral. However, in the majority of cases, the burden of proof remains upon the discharged employee. No U.S. state but Montana has chosen to statutorily modify the employment at-will rule. In 1987, the Montana legislature passed the Wrongful Discharge from Employment Act (WDEA). The WDEA is unique in that, although it purports to preserve the at-will concept in employment law, it also expressly enumerates the legal basis for a wrongful discharge action. Under the WDEA, a discharge is wrongful only if: "it was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy; the discharge was not for good cause and the employee had completed the employer's probationary period of employment; or the employer violated the express provisions of its own written personnel policy."

The doctrine of at-will employment can be overridden by an express contract or civil service statutes (in the case of government employees). As many as 34% of all U.S. employees apparently enjoy the protection of some kind of "just cause" or objectively reasonable requirement for termination that takes them out of the pure "at-will" category, including the 7.5% of unionized private-sector workers, the 0.8% of nonunion private-sector workers protected by union contracts, the 15% of nonunion private-sector workers with individual express contracts that override the at-will doctrine, and the 16% of the total workforce who enjoy civil service protections as public-sector employees.

By state

Public policy exceptions

U.S. states (pink) with a public policy exception

Under the public policy exception, an employer may not fire an employee if the termination would violate the state's public policy doctrine or a state or federal statute.

This includes retaliating against an employee for performing an action that complies with public policy (such as repeatedly warning that the employer is shipping defective airplane parts in violation of safety regulations promulgated pursuant to the Federal Aviation Act of 1958), as well as refusing to perform an action that would violate public policy. In this diagram, the pink states have the 'exception', which protects the employee.

As of October 2000, 42 U.S. states and the District of Columbia recognize public policy as an exception to the at-will rule.

The 8 states which do not have the exception are:

Implied contract exceptions

U.S. states (pink) with an implied-contract exception

Thirty-six U.S. states (and the District of Columbia) also recognize an implied contract as an exception to at-will employment. Under the implied contract exception, an employer may not fire an employee "when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists." Proving the terms of an implied contract is often difficult, and the burden of proof is on the fired employee. Implied employment contracts are most often found when an employer's personnel policies or handbooks indicate that an employee will not be fired except for good cause or specify a process for firing. If the employer fires the employee in violation of an implied employment contract, the employer may be found liable for breach of contract.

Thirty-six U.S. states have an implied-contract exception. The 14 states having no such exception are:

The implied-contract theory to circumvent at-will employment must be treated with caution. In 2006, the Supreme Court of Texas in Matagorda County Hospital District v. Burwell held that a provision in an employee handbook stating that dismissal may be for cause, and requiring employee records to specify the reason for termination, did not modify an employee's at-will employment. The New York Court of Appeals, that state's highest court, also rejected the implied-contract theory to circumvent employment at will. In Anthony Lobosco, Appellant v. New York Telephone Company/NYNEX, Respondent, the court restated the prevailing rule that an employee could not maintain an action for wrongful discharge where state law recognized neither the tort of wrongful discharge, nor exceptions for firings that violate public policy, and an employee's explicit employee handbook disclaimer preserved the at-will employment relationship. In the same 2000 decision mentioned above, the Supreme Court of California held that the length of an employee's long and successful service, standing alone, is not evidence in and of itself of an implied-in-fact contract not to terminate except for cause.

"Implied-in-law" contracts

U.S. states (pink) with a covenant-of-good-faith-and-fair-dealing exception

Eleven US states have recognized a breach of an implied covenant of good faith and fair dealing as an exception to at-will employment. The states are:

Court interpretations of this have varied from requiring "just cause" to denial of terminations made for malicious reasons, such as terminating a long-tenured employee solely to avoid the obligation of paying the employee's accrued retirement benefits. Other court rulings have denied the exception, holding that it is too burdensome upon the court for it to have to determine an employer's true motivation for terminating an employee.

Statutory exceptions

Every state, including Montana, is at-will by default. However, Montana defaults to a probationary period, after which termination is only lawful if for good cause.

Although all U.S. states have a number of statutory protections for employees, wrongful termination lawsuits brought under statutory causes of action typically use the federal anti-discrimination statutes, which prohibit firing or refusing to hire an employee because of race, color, religion, sex, national origin, age, or handicap status. Other reasons an employer may not use to fire an at-will employee are:

  • for refusing to commit illegal acts – an employer is not permitted to fire an employee because the employee refuses to commit an act that is illegal.
  • family or medical leave – federal law permits most employees to take a leave of absence for specific family or medical problems. An employer is not permitted to fire an employee who takes family or medical leave for a reason outlined in the Family and Medical Leave Act of 1993.
  • in retaliation against the employee for a protected action taken by the employee – "protected actions" include suing for wrongful termination, testifying as a witness in a wrongful termination case, or even opposing what they believe, whether they can prove it or not, to be wrongful discrimination. In the federal case of Ross v. Vanguard, Raymond Ross successfully sued his employer for firing him due to his allegations of racial discrimination.

Examples of federal statutes include:

  • The Equal Pay Act of 1963 (relating to discrimination on the basis of sex in payment of wages);
  • Title VII of the Civil Rights Act of 1964 (relating to discrimination on the basis of race, color, religion, sex, or national origin);
  • The Age Discrimination in Employment Act of 1967 (relating to certain discrimination on the basis of age with respect to persons of at least 40 years of age);
  • The Rehabilitation Act of 1973 (related to certain discrimination on the basis of handicap status);
  • The Americans with Disabilities Act of 1990 (relating to certain discrimination on the basis of handicap status).
  • The National Labor Relations Act (NLRA) provides protection to employees who wish to join or form a union and those who engage in union activity. The act also protects employees who engage in a concerted activity. Most employers set forth their workplace rules and policies in an employee handbook. A common provision in those handbooks is a statement that employment with the employer is "at-will". In 2012, the National Labor Relations Board, the federal administrative agency responsible for enforcing the NLRA, instituted two cases attacking at-will employment disclaimers in employee handbooks. The NLRB challenged broadly worded disclaimers, alleging that the statements improperly suggested that employees could not act concertedly to attempt to change the at-will nature of their employment, and thereby interfered with employees' protected rights under the NLRA.

Controversy

The doctrine of at-will employment has been heavily criticized for its severe harshness upon employees. It has also been criticized as predicated upon flawed assumptions about the inherent distribution of power and information in the employee-employer relationship. On the other hand, libertarian scholars in the field of law and economics such as Professors Richard A. Epstein and Richard Posner credit employment-at-will as a major factor underlying the strength of the U.S. economy.

At-will employment has also been identified as a reason for the success of Silicon Valley as an entrepreneur-friendly environment.

In a 2009 article surveying the academic literature from both U.S. and international sources, University of Virginia law professor J.H. Verkerke explained that "although everyone agrees that raising firing costs must necessarily deter both discharges and new hiring, predictions for all other variables depend heavily on the structure of the model and assumptions about crucial parameters." The detrimental effect of raising firing costs is generally accepted in mainstream economics (particularly neoclassical economics); for example, professors Tyler Cowen and Alex Tabarrok explain in their economics textbook that employers become more reluctant to hire employees if they are uncertain about their ability to immediately fire them. However, according to contract theory, raising firing costs can sometimes be desirable when there are frictions in the working of markets. For instance, Schmitz (2004) argues that employment protection laws can be welfare-enhancing when principal-agent relationships are plagued by asymmetric information.

The first major empirical study on the impact of exceptions to at-will employment was published in 1992 by James N. Dertouzos and Lynn A. Karoly of the RAND Corporation, which found that recognizing tort exceptions to at-will could cause up to a 2.9% decline in aggregate employment and recognizing contract exceptions could cause an additional decline of 1.8%. According to Verkerke, the RAND paper received "considerable attention and publicity". Indeed, it was favorably cited in a 2010 book published by the libertarian Cato Institute.

However, a 2000 paper by Thomas Miles did not find any effect upon aggregate employment, but found that adopting the implied contract exception causes use of temporary employment to rise as much as 15%. Later work by David Autor in the mid-2000s identified multiple flaws in Miles' methodology, found that the implied contract exception decreased aggregate employment 0.8 to 1.6%, and confirmed the outsourcing phenomenon identified by Miles, but also found that the tort exceptions to at-will had no statistically significant influence. Autor and colleagues later found in 2007 that the good faith exception does reduce job flows, and seems to cause labor productivity to rise but total factor productivity to drop. In other words, employers forced to find a "good faith" reason to fire an employee tend to automate operations to avoid hiring new employees, but also suffer an impact on total productivity because of the increased difficulty in discharging unproductive employees.

Other researchers have found that at-will exceptions have a negative effect on the reemployment of terminated workers who have yet to find replacement jobs, while their opponents, citing studies that say "job security has a large negative effect on employment rates," argue that hedonic regressions on at-will exceptions show large negative effects on individual welfare with regard to home values, rents, and wages.

Right-to-work law

From Wikipedia, the free encyclopedia

In the context of labor law in the United States, the term right-to-work laws refers to state laws that prohibit union security agreements between employers and labor unions which require employees who are not union members to contribute to the costs of union representation. Unlike the right to work definition as a human right in international law, U.S. right-to-work laws do not aim to provide a general guarantee of employment to people seeking work but rather guarantee an employee's right to refrain from being a member of a labor union.

The 1947 federal Taft–Hartley Act governing private sector employment prohibits the "closed shop" in which employees are required to be members of a union as a condition of employment, but allows the union shop or "agency shop" in which employees pay a fee for the cost of representation without joining the union. Individual U.S. states set their own policies for state and local government employees (i.e. public sector employees). Twenty-eight states have right-to-work policies (either by statutes or by constitutional provision). In 2018, the U.S. Supreme Court ruled that agency shop arrangements for public sector employees were unconstitutional in the case Janus v. AFSCME.

History

Origins

The original use of the term right to work was coined by French socialist leader Louis Blanc before 1848. According to the American Enterprise Institute, the modern usage of the term "right to work" was coined by Dallas Morning News editorial writer William Ruggles in 1941.

According to PandoDaily, the modern term was coined by Vance Muse, a Republican Party operative who headed the Christian American Association, an early right-to-work advocacy group, to replace the term "American Plan" after it became associated with the anti-union violence of the First Red Scare. Muse used racial segregationist arguments in advocating for anti-union laws.

According to Slate, right-to-work laws are derived from legislation forbidding unions from forcing strikes on workers, as well as from legal principles such as freedom of contract, which sought to prevent passage of laws regulating workplace conditions.

Wagner Act (1935)

The National Labor Relations Act, generally known as the Wagner Act, was passed in 1935 as part of President Franklin D. Roosevelt's "Second New Deal". Among other things, the act provided that a company could lawfully agree to be any of the following:

  • A closed shop, in which employees must be members of the union as a condition of employment. Under a closed shop, an employee who ceased being a member of the union for whatever reason, from failure to pay dues to expulsion from the union as an internal disciplinary punishment, was required to be fired even if the employee did not violate any of the employer's rules.
  • A union shop, which allows for hiring non-union employees, provided that the employees then join the union within a certain period.
  • An agency shop, in which employees must pay the equivalent of the cost of union representation, but need not formally join the union.
  • An open shop, in which an employee cannot be compelled to join or pay the equivalent of dues to a union or be fired for joining the union.

The act tasked the National Labor Relations Board, which had existed since 1933, with overseeing the rules.

Taft–Hartley Act (1947)

In 1947, the U.S. Congress passed the Labor Management Relations Act of 1947, generally known as the Taft–Hartley Act, over President Harry S. Truman's veto. The act repealed some parts of the Wagner Act, including outlawing the closed shop. Section 14(b) of the Taft–Hartley Act also authorizes individual states (but not local governments, such as cities or counties) to outlaw the union shop and agency shop for employees working in their jurisdictions. Any state law that outlaws such arrangements is known as a right-to-work state.

Current status

The federal government operates under open shop rules nationwide, but many of its employees are represented by unions. Unions that represent professional athletes have written contracts that include particular representation provisions (such as in the National Football League), but their application is limited to "wherever and whenever legal," as the Supreme Court has clearly held that the application of a right-to-work law is determined by the employee's "predominant job situs". Players on professional sports teams in states with right-to-work laws are thus subject to those laws and cannot be required to pay any portion of union dues as a condition of continued employment.

Arguments for and against

Rights of dissenting minority and due process

The first arguments concerning the right to work centered on the rights of a dissenting minority with respect to an opposing majoritarian collective bargain. President Franklin Roosevelt's New Deal had prompted many U.S. Supreme Court challenges, including those regarding the constitutionality of the National Industry Recovery Act (NIRA) of 1933. In 1936, as a part of its ruling in Carter v. Carter Coal Co. the Court ruled against mandatory collective bargaining, stating:

The effect, in respect to wages and hours, is to subject the dissentient minority ... to the will of the stated majority . ... To 'accept' in these circumstances, is not to exercise a choice, but to surrender to force. The power conferred upon the majority is, in effect, the power to regulate the affairs of an unwilling minority. This is legislative delegation in its most obnoxious form; for it is not even delegation to an official or an official body ... but to private persons . ... [A] statute which attempts to confer such power undertakes an intolerable and unconstitutional interference with personal liberty and private property. The delegation is so clearly arbitrary, and so clearly a denial of rights safeguarded by the due process clause of the Fifth Amendment, that it is unnecessary to do more than refer to decisions of this Court which foreclose the question.

Freedom of association

Besides the Supreme Court, other proponents of right-to-work laws also point to the U.S. Constitution and the right to freedom of association. They argue that workers should both be free to join unions or to refrain, and thus, sometimes refer to states without right-to-work laws as forced unionism states. These proponents argue that by being forced into a collective bargain, what the majoritarian unions call a fair share of collective bargaining costs, is actually financial coercion and a violation of freedom of choice. An opponent to the union bargain is forced to financially support an organization for which they did not vote in order to receive monopoly representation for which they have no choice.

The Seventh-day Adventist Church discourages the joining of unions, citing the writings of Ellen White, one of the church's founders, and what writer Diana Justice calls the "loss of free will" that occurs when a person joins a labor union.

Unfairness

Proponents such as the Mackinac Center for Public Policy contend that it is unfair that unions can require new and existing employees to either join the union or pay fees for collective bargaining expenses as a condition of employment under union security agreement contracts. Other proponents contend that unions may still be needed in new and growing sectors of the economy, for example the voluntary and third party sectors, to assure adequate benefits for new immigrant, part-time aides such as the direct support professional workforce.

Political contributions

Right-to-work proponents, including the Center for Union Facts, contend that political contributions made by unions are not representative of the union workers. The agency shop portion of this had previously been contested with support of National Right to Work Legal Defense Foundation in Communications Workers of America v. Beck, resulting in "Beck rights" preventing agency fees from being used for expenses outside of collective bargaining if the non-union worker notifies the union of their objection. The right to challenge the fees must include the right to have it heard by an impartial fact finder. Beck applies only to unions in the private sector, given agency fees were struck down for public-sector unions in Janus v. AFSCME in 2018.

Free riders

Opponents, such as Richard Kahlenberg, have argued that right-to-work laws simply "gives employees the right to be free riders—to benefit from collective bargaining without paying for it." Benefits the dissenting union members would receive despite not paying dues also include representation during arbitration proceedings. In Abood v. Detroit BoE, the Supreme Court of the United States permitted public-sector unions to charge non-members agency fees so that employees in the public sector could be required to pay for the costs of representation, even as they opted not to be a member, as long as these fees are not spent on the union's political or ideological agenda. This decision was reversed, however, in Janus v. AFSCME, with the Supreme Court ruling that such fees violate the First Amendment in the case of public-sector unions, arguing that all bargaining by a public-sector union can be considered political activity.

Freedom of contract and association

Opponents argue that right-to-work laws restrict freedom of association, and limit the sorts of agreements that individuals acting collectively can make with their employer by prohibiting workers and employers from agreeing to contracts that include fair share fees. They also argue that American law imposes a duty of fair representation on unions, so non-members in right-to-work states can force unions to provide grievance services without compensation that are paid by union members. Kahlenberg and Marvit also argue that, at least in efforts to pass a right-to-work law in Michigan, excluding police and firefighter unions—traditionally less hostile to Republicans—from the law caused some to question claims that the law was simply an effort to improve Michigan's businesses climate, not to seek partisan advantage.

In December 2012, libertarian writer J. D. Tuccille wrote in Reason: "I consider the restrictions right-to-work laws impose on bargaining between unions and businesses to violate freedom of contract and association. ... I'm disappointed that the state has, once again, inserted itself into the marketplace to place its thumb on the scale in the never-ending game of playing business and labor off against one another. ... This is not to say that unions are always good. It means that, when the state isn't involved, they're private organizations that can offer value to their members."

Studies of economic effect

Many studies of the effect of right-to-work laws exist but they find substantially different results. Studies have found both "some positive effect on job growth" and no effect. A 2019 paper in the American Economic Review by economists from MIT, Stanford, and the U.S. Census Bureau, which surveyed 35,000 U.S. manufacturing plants, found that "the business environment, as measured by right-to-work laws, boosts incentive management practices." According to a 2020 study published in the American Journal of Sociology, right-to-work laws lead to greater economic inequality by indirectly reducing the power of labor unions. Looking at the growth of states in the Southeast following World War II, economist Tim Bartik says that while these states have right-to-work laws, they have also benefited from "factors like the widespread use of air conditioning and different modes of transportation that helped decentralize manufacturing."

Economist Thomas Holmes argues that it is difficult to analyze right-to-work laws by comparing states because of other similarities between states that have passed these laws. For instance, right-to-work states often have some strong pro-business policies, making it difficult to isolate the effect of right-to-work laws. Holmes compared counties close to the border between states with and without right-to-work laws, thereby holding constant an array of factors related to geography and climate. He found that the cumulative growth of employment in manufacturing in the right-to-work states was 26% greater than that in the non-right-to-work states. Given the study design, Holmes writes that "my results do not say that it is right-to-work laws that matter, but rather that the 'pro-business package' offered by right-to-work states seems to matter." Moreover, as noted by Kevin Drum and others, this result may reflect business relocation rather than an overall enhancement of economic growth since, as Drum writes, "businesses prefer locating in states where costs are low and rules are lax".

Polling

In January 2012, in the immediate aftermath of passage of Indiana's right-to-work law, a Rasmussen Reports telephone survey found that 74% of likely voters disagreed with the question "Should workers who do not belong to a union be required by law to pay union dues if the company they work for is unionized?" but found that "most also don't think a non-union worker should enjoy benefits negotiated by the union."

In January through March 2013, 43% of those polled believed that the law would help Michigan's economy, while 41% believed that it would hurt.

Political support

In 2012, President Barack Obama opposed right-to-work legislation in Michigan. In 2017, Republican members of Congress introduced legislation for a national right-to-work law.

U.S. states with right-to-work laws

  Statewide right-to-work law
  Local right-to-work laws
  No right-to-work law

The following 26 states have right-to-work laws:

The territory of Guam also has right-to-work laws.

Ohio allows employees to opt out from joining a union, but unions are allowed to charge a typically smaller fee for employees that opted out.

Local or repealed laws

Some states had right-to-work laws in the past, but repealed them or had them declared invalid. There are also some counties and municipalities located in states without right-to-work laws that have passed local laws to ban union security agreements.

Delaware

Seaford passed a right-to-work ordinance in 2018, despite the State Solicitor disputing the authority of local governments to do so under Delaware law. Later that year, the Delaware General Assembly blocked the municipal ordinance.

Illinois

Lincolnshire passed a local right-to-work ordinance, but it was struck down by the U.S. Seventh Circuit Court of Appeals. An appeal to the U.S. Supreme Court resulted in the case being vacated as being moot because in the intervening period Illinois had passed the Illinois Collective Bargaining Freedom Act to invalidate such local ordinances.

In a 2022 referendum, voters in Illinois approved a state constitutional amendment establishing a right to collective bargaining. The amendment also prevents any future state legislature or local government from passing a right-to-work law.

Indiana

Before its passage in 2012, the Republican-controlled Indiana General Assembly passed a right-to-work bill in 1957, which led to the Democratic takeover of Indiana's Governor's Mansion and General Assembly in the coming elections, and eventually, the new Democrat-controlled legislature repealing the right-to-work law in 1965. Right-to-work was subsequently reenacted in 2012.

Kentucky

On November 18, 2016, the U.S. Sixth Circuit Court of Appeals upheld the right of local governments to enact local right-to-work laws in Kentucky. Kentucky had 12 local ordinances. A statewide law was subsequently enacted in 2017.

Michigan

Michigan adopted a right-to-work bill in 2012. After Democrats gained a trifecta in 2023, the legislature passed a bill repealing the right-to-work law, which was subsequently signed into law by Governor Whitmer and took effect in 2024.

Missouri

The legislature passed a right-to-work bill in 2017, but the law was defeated in a 2018 referendum before it could take effect.

New Hampshire

New Hampshire adopted a right-to-work bill in 1947, but it was repealed in 1949 by the state legislature and governor.

In 2017, a proposed right to work bill was defeated in the New Hampshire House of Representatives 200–177. In 2021, the same bill was reintroduced but again defeated in the House of Representatives 199–175.

New Mexico

New Mexico law previously did not explicitly prohibit nor allow mandatory union membership as a condition of employment at the statewide level, thereby leaving it up to local jurisdictions to establish their own right-to-work policies. Several counties, notably Chaves, Eddy, Lea, Lincoln, McKinley, Otero, Roosevelt, Sandoval, San Juan, and Sierra counties, in addition to Ruidoso village adopted such laws. In 2019, the New Mexico Legislature approved legislation that prohibits local right-to-work laws and further states that union membership and the payment of union dues may be required as a condition of employment in workplaces subject to a collective bargaining agreement; it was signed by governor Michelle Lujan Grisham. In 2020, New Mexico's legislature passed House Bill 364 that authorizes and promotes the use of card check protocols for workers considering organizing into a labor union. New Mexico does not currently require Project Labor Agreements for state-sponsored projects, but some local jurisdictions (notably Bernalillo County and the City of Albuquerque) have ordinances in place requiring Project Labor Agreements for locally-sponsored projects that exceed specified dollar-value thresholds.

Peace of Augsburg

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Peace_of_Augsburg
 
Peace of Augsburg
Front page of the document
The front page of the document. Mainz, 1555.
Date1555
LocationAugsburg
ParticipantsCharles V, Schmalkaldic League
Outcome(1) Established the principle Cuius regio, eius religio.
(2) Established the principle of reservatum ecclesiasticum.
(3) Laid the legal groundwork for two co-existing religious confessions (Catholicism and Lutheranism) in the German-speaking states of the Holy Roman Empire.

The Peace of Augsburg (German: Augsburger Frieden), also called the Augsburg Settlement, was a treaty between Charles V, Holy Roman Emperor, and the Schmalkaldic League, signed on 25 September 1555 in the German city of Augsburg. It officially ended the religious struggle between the two groups and made the legal division of Christianity permanent within the Holy Roman Empire, allowing rulers to choose either Lutheranism or Roman Catholicism as the official confession of their state. Calvinism was not allowed until the Peace of Westphalia.

The Peace of Augsburg has been described as "the first step on the road toward a European system of sovereign states." The system, created on the basis of the Augsburg Peace, collapsed at the beginning of the 17th century, which was one of the reasons for the Thirty Years' War.

Overview

The Peace elaborated the principle Cuius regio, eius religio ("whose realm, his religion"), which allowed the princes of states within the Holy Roman Empire to adopt either Lutheranism or Catholicism within the domains they controlled, ultimately reaffirming their sovereignty over those domains. Subjects, citizens, or residents who did not wish to conform to the prince's choice were given a grace period in which they were free to emigrate to different regions in which their desired religion had been accepted.

Article 24 stated: "In case our subjects, whether belonging Augsburg Confession, should intend leaving their homes with their wives and children to settle in another, they shall be hindered neither in the sale of their estates after due payment of the local taxes nor injured in their honor."

Charles V had made an interim ruling, the Augsburg Interim of 1548, on the legitimacy of two religious creeds in the empire, and this was codified in law on 30 June 1548 upon the insistence of the emperor, who wanted to work out religious differences under the auspices of a general council of the Catholic Church. The Interim largely reflected principles of Catholic religious behavior in its 26 articles, although it allowed for marriage of the clergy, and the giving of both bread and wine to the laity. This led to resistance by the Protestant territories, who proclaimed their own Interim at Leipzig the following year.

The Interim was overthrown in 1552 by the revolt of the Protestant elector Maurice of Saxony and his allies. In the negotiations at Passau in the summer of 1552, even the Catholic princes had called for a lasting peace, fearing that the religious controversy would never be settled. The emperor, however, was unwilling to recognize the religious division in Western Christendom as permanent. This document was foreshadowed by the Peace of Passau, which in 1552 gave Lutherans religious freedom after a victory by Protestant armies. Under the Passau document, Charles granted a peace only until the next imperial Diet, whose meeting was called in early 1555.

The treaty, negotiated on Charles' behalf by his brother, Ferdinand, gave Lutheranism official status within the domains of the Holy Roman Empire, according to the policy of cuius regio, eius religio. Knights and towns who had practiced Lutheranism for some time were exempted under the Declaratio Ferdinandei. Conversely, the Ecclesiastical reservation prevented the principle of cuius regio, eius religio from being applied if an ecclesiastical ruler converted to Lutheranism.

In practice the principle of cuius regio had already been implemented between the time of the Nuremberg Religious Peace of 1532 and the 1546–1547 Schmalkaldic War. Now legal in the de jure sense, it was to apply to all the territories of the Empire except for the Ecclesiastical principalities and some of the cities in those ecclesiastical states, where the question of religion was addressed under the separate principles of the reservatum ecclesiasticum and the Declaratio Ferdinandei, which also formed part of the Peace of Augsburg. This agreement marked the end of the first wave of organized military action between Protestants and Catholics; however, these principles were factors during the wars of the 1545–1648 Counter-Reformation.

This left out Reformed Zwinglians and Anabaptists, but not Calvinists who approved of the Augsburg Confession Variata. Practices other than the two which were the most widespread in the Empire was expressly forbidden, considered by the law to be heretical, and could be punishable by death. Although "cuius regio" did not explicitly intend to allow the modern ideal of "freedom of conscience", individuals who could not subscribe to their ruler's religion were permitted to leave his territory with their possessions. Also under the Declaratio Ferdinandei, Lutheran knights were given the freedom to retain their religion wherever they lived. The revocation of the Declaratio Ferdinandei by the Catholics in the 1629 Edict of Restitution helped fuel the Thirty Years' War of 1618–1648. The Edict of Restitution itself was overturned in the 1635 Peace of Prague, which restored the 1555 terms of the Peace of Augsburg. Stability brought by assortative migrations under the principle were threatened by subsequent conversion of rulers. Therefore, the Peace of Westphalia preserved the essence of the principle by prohibiting converting rulers to force-convert their subjects and by determining the official religion of Imperial territories to the status of 1624 as a normative year. 

Although some dissenters emigrated, others lived as Nicodemites. Because of geographical and linguistic circumstances on the continent of Europe, emigration was more feasible for Catholics living in Protestant lands than for Protestants living in Catholic lands. As a result, there were more crypto-Protestants than crypto-Papists in continental Europe.

Main principles

The Peace of Augsburg contained three main principles:

  1. The principle of cuius regio, eius religio ("Whose realm, his religion") provided for internal religious unity within a state: the religion of the prince (either Lutheranism or Roman Catholicism) became the religion of the state and all its inhabitants. Those inhabitants who could not conform to the prince's religion were allowed to leave: an innovative idea in the 16th century. This principle was discussed at length by the various delegates, who finally reached agreement on the specifics of its wording after examining the problem and the proposed solution from every possible angle. Forms of Christianity other than the two specified - notably the emerging faith of Calvinism - were not recognised by the Empire.
  2. The second principle, called the reservatum ecclesiasticum (ecclesiastical reservation), covered the special status of the ecclesiastical state. If the prelate of an ecclesiastic state changed his religion, the inhabitants of that state did not have to do so. Instead, the prelate was expected to resign from his post, although this was not spelled out in the agreement.
  3. The third principle, known as Declaratio Ferdinandei (Ferdinand's Declaration), exempted knights and some of the cities from the requirement of religious uniformity, if the reformed religion had been practiced there since the mid-1520s. This allowed for a few mixed cities and towns where Catholics and Lutherans had lived together. It also protected the authority of the princely families, the knights and some of the cities to determine what religious uniformity meant in their territories. Ferdinand inserted this at the last minute, on his own authority.

The third principle was not publicized as part of the treaty, and was kept secret for almost two decades.

Problems

The document left some unresolved problems. While it gave legal basis for the practice of the Lutheran confession, it did not Zwinglianism nor Anabaptism. Although the Peace of Augsburg was moderately successful in relieving tension in the empire and increasing tolerance, it meant that many Protestant groups living in the empire still found themselves in danger of the charge of heresy. (Article 17: "However, all such as do not belong to the two above named religions shall not be included in the present peace but be totally excluded from it.") These minorities did not achieve any legal recognition until the Peace of Westphalia in 1648.

Failure to secure a broader peace ultimately led to the Thirty Years' War. One precursor was the Third Defenestration of Prague (1618) in which two representatives of the fiercely Catholic king of Bohemia, Archduke Ferdinand, were thrown out of a castle window.

Aftermath

The principle of ecclesiastical reservation was tested in the Cologne War (1583–1588), which grew out of the scenario envisioned by Ferdinand when he wrote the proviso: the reigning prince-archbishop, Hermann of Wied, converted to Protestantism; although he did not insist that the population convert, he placed Calvinism on a parity with Catholicism throughout the Electorate of Cologne. This in itself came forth as a two-fold legal problem: first, Calvinism was considered a heresy; second, the elector did not resign his see, which made him eligible in theory to cast a ballot for emperor. Finally, his marriage raised the possibility of convert the electorate into a dynastic principality, shifting the balance of religious power in the empire, as Protestants could potentially hold a majority of electorates.

A side effect of the religious turmoil was Charles' decision to abdicate and divide Habsburg territory into two sections. His brother Ferdinand ruled the Austrian lands, and Charles' fervently Catholic son, Philip II, became administrator of Spain, the Spanish Netherlands, parts of Italy, and other overseas holdings.

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