Public Law & Legal Theory
Financial regulators should use cost-benefit analysis (CBA) to evaluate financial regulations. Finance is an ideal domain for CBA because the direct costs and benefits of financial activity can be easily monetized, and a huge amount of data exists for calculating the relevant valuations. John Coates and others have argued that in fact the valuations are too difficult to determine because of unique features of financial markets that distinguish them from other types of markets where CBA is used. We respond that these features are present in other markets, and that financial valuations are difficult to determine at present only because academic research on them is at an early stage.
Eric Posner & E. Glen Weyl, "Cost-Benefit Analysis of Financial Regulations: A Response to Criticisms," University of Chicago Public Law & Legal Theory Working Paper, No. 473 (2014).