Incident to its rulemaking activities, the SEC, similar to other agencies, solicits public input on proposed rules and reduces to formal memoranda SEC meetings with industry advocates (and lobbyists) seeking to influence final rules. The emergence of large language models (LLMs) enables scholars to assess possible relations between both forms of public input (comments and memoranda) and final rules. And this is precisely what Adam Pritchard (Michigan) et al., set out to do in their recent paper, SEC Rulemaking: An Empirical Analysis of Comments and Memoranda.
The paper draws from 482 rules, 1018 releases, 84,828 comments, and 5,700 memoranda, which are then linked (through Westlaw and Lexis) to any subsequent trial and appellate court activity. These data were then analyzed for "sentiment" with leading LLMs, including OpenAI, specifically GPT-3.5. A focus on rulemaking activity, at least with respect to SEC's proposed rules, is warranted owing to, at the very least, a detectable trend towards increased public commentary over time as the figure (below) implies.

Among this paper's key findings include that while comment volume and sentiment systematically inform final SEC rules, unsurprisingly, this influence varies across different types of commentators. Similarly, direct advocacy engagement with SEC officials--indicated by SEC memoranda--"is an important marker of proposed rules’ adoption, and if adopted, judicial challenge and survival." An excerpted abstract follows.
"... We find that public inputs contain valuable information regarding the probability that a rule is adopted, challenged, and survives judicial scrutiny. Longer average comments and greater disagreement among commenters correlate with a lower likelihood of rule survival, whereas an increase in the number of suggestions correlates with a greater survival likelihood. Rules affecting issuers are less likely to be adopted and more likely to face a court challenge, while rules affecting broker-dealers are more likely to survive judicial scrutiny. As for specific issues, comments emphasizing the burden on competition correlate with a lower likelihood of rule survival, comments raising constitutional questions reduce both the likelihood of rule adoption and survival conditional on a judicial challenge. Comments by academics have no statistically significant effect at any stage of the process...."
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