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Auditor Independence and the Quality of Information in Financial Disclosures: Evidence for Market Discipline vs. Sarbanes-Oxley Proscriptions

James R. Brown
Iowa State University - Department of Finance

Dino Falaschetti
Florida State Law; Hoover Institution

Michael J. Orlando
Economic Advisors, Inc.; Tulane University



American Law and Economics Review, Forthcoming

Abstract:     
Does auditor independence improve the quality of financial disclosures, and if it does, is regulation necessary to realize such improvements? Popular characterizations of governance scandals from the early 2000s answer, “Yes!” but lack support from scholarly investigations. This disagreement motivates our investigation of whether auditor independence matters in ways that prior research would have missed, and what any such effect means for the efficiency-consequences of related governance regulations.

1. We relax a priori data-restrictions that ignore the potential for auditors’ dependence on consulting fees to enhance the quality of earnings reports;

2. We measure unexpected accounting fees in a more firmly grounded manner, and develop a matching estimator to examine whether fee disclosures improve asset-pricing efficiency; and

3. We empirically evaluate the potential for governance externalities to rationalize proscriptive regulations.

Our results offer stronger support that auditor independence increases earnings quality on historically observable margins. More importantly, they also imply that an SEC requirement to disclose audit and consulting fees may have exhausted regulatory opportunities to improve this dimension of corporate governance, and thus speak more directly than does the literature against Sarbanes-Oxley’s subsequent proscription on jointly producing audit and non-audit services.

Keywords: Auditor independence, earnings quality, corporate governance, externalities, disclosure mandates, Sarbanes-Oxley Act of 2002

JEL Classifications: G14, G38, K22, M42

Accepted Paper Series

Date posted: September 06, 2009 ; Last revised: September 06, 2009

Suggested Citation

Brown, James R., Falaschetti, Dino and Orlando, Michael J., Auditor Independence and the Quality of Information in Financial Disclosures: Evidence for Market Discipline vs. Sarbanes-Oxley Proscriptions (September 4, 2009). American Law and Economics Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1468988


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Contact Information

Dino Falaschetti (Contact Author)
Florida State Law ( email )
425 W. Jefferson Street
Tallahassee, FL 32306-1601
United States
HOME PAGE: http://web.mac.com/drfal

Hoover Institution ( email )
434 Galvez Mall
Stanford University
Stanford, CA 94305-6010
United States
HOME PAGE: http://web.mac.com/drfal
James Robert Brown
Iowa State University - Department of Finance ( email )
College of Business
Ames, IA 50011-2063
United States
Michael J. Orlando
Economic Advisors, Inc. ( email )
HOME PAGE: http://home.comcast.net/~michael.j.orlando
Tulane University ( email )
New Orleans, LA 70118
United States
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