Adaptive financial regulation and RegTech: a concept article on realistic protection for victims of bank failures

LG Baxter - Duke LJ, 2016 - HeinOnline
Frustrated by the seeming inability of regulators and prosecutors to hold bank executives to
account for losses inflicted by their companies before, during, and since the financial crisis of …

Regulating Entities and Activities: Complementary Approaches to Nonbank Systemic Risk

JC Kress, PA McCoy, D Schwarcz - S. Cal. L. Rev., 2018 - HeinOnline
Over the last decade, a consensus has emerged among policymakers and academics that
systemic risk is not confined to the traditional banking sector. 1 Instead, contrary to …

Too big to fool: Moral hazard, bailouts, and corporate responsibility

SL Schwarcz - Minn. L. Rev., 2017 - HeinOnline
There is an increasing worldwide regulatory focus on trying to end the problem of too big to
fail (TBTF)': that systemically important financial firmS 2 might engage in excessive risk …

Inside Job: The Assault on the Structure of the Consumer Financial Protection Bureau

PA McCoy - Minn. L. Rev., 2018 - HeinOnline
With the 2016 election of President Trump, the fate of the fledgling Consumer Financial
Protection Bureau (CFPB or the Bureau) hung in the balance. Would the Bureau be …

The macroprudential myth

JC Kress, JY Zhang - Geo. LJ, 2023 - HeinOnline
The Great Depression upended economics orthodoxy. Before the 1930s, economists
typically studied the fiscal decisions of individuals, households, and companies-a field now …

Rethinking moral hazard: government protection and bank risk-taking

K Pernell, J Jung - Socio-Economic Review, 2024 - academic.oup.com
Why do firms take excessive risks that result in failure? Moral hazard theorists argue that the
answer lies in the risk-boosting effects of the government safety net, which insulates firms …

Reengineering financial market infrastructure

DA Wishnick - Minn. L. Rev., 2020 - HeinOnline
Scholars often portray financial regulators as eternal followers of the private sector, ever
struggling to" keep pace" with technological change.'While this image captures the difficulty …

Why the ability-to-repay rule is vital to financial stability

PA McCoy, SM Wachter - Geo. LJ, 2019 - HeinOnline
After the 2008 financial crisis, Congress required residential mortgage lenders, before
extending credit, to first make a reasonable determination of applicants' ability to repay. 1 …

The Evolving Role of Economic Analysis in SEC Rulemaking

JT White - Ga. L. Rev., 2015 - HeinOnline
In economics literature, public policies are often compared to the benchmark of a benevolent
regulator-one that maximizes social welfare while balancing the interests of all affected …

Lost in internationalization: rise of the renminbi, macroprudential policy, and global impacts

W Chen - Journal of International Economic Law, 2018 - academic.oup.com
The internationalization of China's Renminbi will be a game changer to the global finance
and politics, and its success thus far has been evidenced by the International Monetary Fund …