Published online by Cambridge University Press: 11 September 2026
This chapter develops a general framework for understanding disclosure laws as a core regulatory instrument in the United States. It outlines the defining features that commonly characterize disclosure regimes, including mandatory disclosure duties, their timing within transactions, standardized formats, and legal requirements concerning clarity, conciseness, and visibility. The chapter then reviews the principal aims traditionally associated with disclosure-based regulation, including improving decision-making under conditions of information asymmetry, promoting market competition, facilitating political compromise, enhancing personal autonomy, and reducing regulatory costs. It also traces the historical movement away from the doctrine of caveat emptor toward legal regimes imposing affirmative disclosure obligations on sellers, highlighting the doctrinal and statutory developments that gave rise to modern disclosure law. Together, these discussions provide the conceptual and historical grounding for the chapters that follow, which examine how technology-based standards may be incorporated into the assessment of disclosure quality and the broader structure of disclosure regulation.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.