Law Bubbles And Financial Regulation

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Law, Bubbles, and Financial Regulation

Author : Erik F. Gerding
Publisher : Routledge
Page : 560 pages
File Size : 49,5 Mb
Release : 2013-12-04
Category : Business & Economics
ISBN : 9781134642694

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Law, Bubbles, and Financial Regulation by Erik F. Gerding Pdf

Financial regulation can fail when it is needed the most. The dynamics of asset price bubbles weaken financial regulation just as financial markets begin to overheat and the risk of crisis spikes. At the same time, the failure of financial regulations adds further fuel to a bubble. This book examines the interaction of bubbles and financial regulation. It explores the ways in which bubbles lead to the failure of financial regulation by outlining five dynamics, which it collectively labels the "Regulatory Instability Hypothesis." . The book concludes by outlining approaches to make financial regulation more resilient to these dynamics that undermine law.

Financial Regulation

Author : MICHAEL. JACKSON BARR (HOWELL. TAHYAR, MARGARET.),Howell Jackson,Margaret Tahyar
Publisher : Foundation Press
Page : 1412 pages
File Size : 42,9 Mb
Release : 2018-08-06
Category : Electronic
ISBN : 1640202498

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Financial Regulation by MICHAEL. JACKSON BARR (HOWELL. TAHYAR, MARGARET.),Howell Jackson,Margaret Tahyar Pdf

Financial Regulation: Law and Policy (2d Edition) introduces the field of financial regulation in a new and accessible way. Even though a decade has passed since the most systemic financial crisis in the last 70 years and eight years have elapsed since a major shift in regulatory design, the world is still grappling with the aftermath. In addition, technology innovations, including Bitcoin and other cryptocurrencies, market forces and a changing political environment all have combined to reframe and reorient public debate over financial regulation. The book has kept up to date with all of these changes. The book analyzes and compares the market and regulatory architecture of the entire U.S. financial sector as it exists today, from banks, insurance companies, and broker-dealers, to asset managers, complex financial conglomerates, and government-sponsored enterprises. The book explores a range of financial activities, from consumer finance and investment to payment systems, securitization, short-term wholesale funding, money markets, and derivatives. The book examines a range of regulatory techniques, including supervision, enforcement, and rule-writing, as well as crisis-fighting tools such as resolution and the lender of last resort. Throughout the book, the authors note the cross-border implications of U.S. rules, and compare, where appropriate, the U.S. financial regulatory framework and policy choices to those in other places around the globe, especially the European Union.

Redesigning Financial Regulation

Author : Justin O'Brien
Publisher : John Wiley & Sons
Page : 220 pages
File Size : 48,6 Mb
Release : 2006-11-02
Category : Business & Economics
ISBN : 9780470060421

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Redesigning Financial Regulation by Justin O'Brien Pdf

At the height of the 1990s boom, Jack Grubman, one of the most successful analysts in Wall Street proclaimed ‘what used to be conflicts of interest are now synergies’. This myopia contributed dramatically to the elevation of a culture in which greed was deified, oversight denigrated and misfeasance justified. Since the fall of the markets and the implosion of confidence in the American corporate business model, one man has proved instrumental in deconstructing the rhetoric of the 1990s: Eliot Spitzer, the combative Attorney General of New York. In the process, his innovative application of state law has reconfigured the governance of Wall Street. Over the past three years the pursuit of transparency and accountability in the structure of the markets has propelled Spitzer to the forefront of regulatory policy. His investigations into tainted analyst research, the mutual funds industry, the governance of the New York Stock Exchange and the insurance industry have focused attention not just on corrupted individuals but also the complicity of the financial structure itself. Spitzer exploited the inherent conflicts of interest to the full, forcing regulators to adopt a much more proactive approach and creating a national platform for his own wider political ambitions. Now holding the Democratic nomination for the Governorship of New York, Spitzer has begun a path for higher national office. This groundbreaking book features exclusive access with many of the key actors in these changes to the governance of Wall Street. It examines how Eliot Spitzer exploited gaps in the regulatory framework to capture the corporate reform agenda and explores the implications of his actions on policy formation and recalibration. Key incidents include: changing the terms of reference governing analyst research; the defenestration of Dick Grasso’s tenure over the NYSE (which is now being heard in state court in New York); and the battles for control between the former Chairman of the Securities Exchange Commission, Harvey Pitt, and Spitzer. The book details not only the contested, contingent and interdependent connections between the American political and financial systems but reveals how Spitzer’s manipulation of those connections have proved instrumental in enhancing his own wider political ambitions.

Financial Regulation at the Crossroads

Author : Panagiotis Delimatsis,Nils Herger
Publisher : Kluwer Law International B.V.
Page : 424 pages
File Size : 52,8 Mb
Release : 2011-04-01
Category : Law
ISBN : 9789041137647

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Financial Regulation at the Crossroads by Panagiotis Delimatsis,Nils Herger Pdf

This book brings outstanding expertise and provides insightful perspectives from nineteen authors with diverse backgrounds, including officials from international organizations, national regulators, and commercial banking, as well as academics in law, economics, political economy, and finance. The authors not only shed light on the causes of the financial turmoil, but also present thoughtful proposals that contribute to the future policy debate, and discuss opportunities that financial services can offer in funding activities which raise standards of living through initiatives in microfinance, renewable energy, and food distribution. The contributions to this volume tackle several of the thorniest issues of financial regulation in a post-crisis environment, such as: the mechanics of contagion within the financial system and the role of liquidity; moral hazard when large financial institutions are no longer subject to the disciplinary effects of bankruptcy; bank capital requirements; management compensation; design of bank resolution schemes; a function-centric versus institution-centric regulatory approach; subsidization and compatibility of stimulus packages with EU rules on state aid; trade finance and the role of the GATS prudential carve-out; and the role of financial services in promoting human rights or combating climate change.

Soft Law and the Global Financial System

Author : Chris Brummer
Publisher : Cambridge University Press
Page : 369 pages
File Size : 46,7 Mb
Release : 2015-09-29
Category : Law
ISBN : 9781107128637

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Soft Law and the Global Financial System by Chris Brummer Pdf

Newly expanded and revised, this book explains why informal standards are used to coordinate global financial rules.

The Changing Landscape of Global Financial Governance and the Role of Soft Law

Author : Friedl Weiss,Armin Kammel
Publisher : BRILL
Page : 446 pages
File Size : 54,9 Mb
Release : 2015-06-05
Category : Business & Economics
ISBN : 9789004280328

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The Changing Landscape of Global Financial Governance and the Role of Soft Law by Friedl Weiss,Armin Kammel Pdf

The Changing Landscape of Global Financial Governance and the Role of Soft Law provides interdisciplinary perspectives on the changing landscape of global financial governance by exploring the impact and role of soft law, directly or as a precursor of hard law, pertaining to financial governance.

Financial Regulation in Crisis?

Author : Joanna Gray,Orkun Akseli
Publisher : Edward Elgar Publishing
Page : 129 pages
File Size : 51,5 Mb
Release : 2011
Category : Business & Economics
ISBN : 9780857933102

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Financial Regulation in Crisis? by Joanna Gray,Orkun Akseli Pdf

The depositor run on the Northern Rock bank in September 2007, which led to the bank's subsequent nationalization was the first run on a UK bank for nearly 150 years and was a seminal moment in the unfolding global financial crisis. This book provides a detailed legal analysis of the role played by financial law and regulation during this event, and the impact the episode made on the law. The contributors to the book explore and elaborate upon the legal technique of securitization, and how Northern Rock itself created and employed securitized financial assets. There is also in-depth discussion and analysis of the origin of the problems experienced in the wholesale interbank markets surrounding the Northern Rock crisis. Chapters focus on risk-based financial regulation, depositor protection, and bank rescue and resolution mechanisms in the UK before and after the Northern Rock crisis. State aid implications of the nationalization of Northern Rock, and the future of financial regulation are also considered. This timely new book will appeal to academics, postgraduate and undergraduate students in law and business schools as well as practitioners, regulators and lawmakers.

US Financial Regulation and the Level Playing Field

Author : H. Garten
Publisher : Springer
Page : 236 pages
File Size : 49,8 Mb
Release : 2001-01-19
Category : Political Science
ISBN : 9780333977606

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US Financial Regulation and the Level Playing Field by H. Garten Pdf

What will deregulation and globalization of financial markets mean for the future of US financial regulation? This book argues that the uniqueness of US regulation derives from its success in promoting four principles of competitive fairness that US players demand from financial markets. The peculiar US notion of a 'level playing field' provides a novel approach to understanding the evolution of US regulation, including recent reform, and to predicting US attitudes toward questions of global financial market supervision.

Regulation and the Global Financial Crisis

Author : Daniel Cash,Robert Goddard
Publisher : Routledge
Page : 280 pages
File Size : 41,5 Mb
Release : 2020-11
Category : Law
ISBN : 0429199562

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Regulation and the Global Financial Crisis by Daniel Cash,Robert Goddard Pdf

"The Financial Crisis was a cross-sector crisis that fundamentally affected modern society. Regulation, as a concept, was both blamed for allowing the crisis to happen, but also tasked with developing and implementing solutions in the wake of the crash. In this book, a number of specialists from a range of fields have contributed their insights into the effect of the Financial Crisis upon the regulatory frameworks affecting their fields, how regulators have responded to the Crisis, and then what this may mean for the future of regulation within those industries. These analyses are joined by a picture of past Financial Crises - which reveals interesting patterns - and then analyses of architectural regulatory models that were fundamentally affected by the Crisis. The book aims to allow sector specialists the freedom to share their insights so that, potentially, a broader picture can be identified. Providing an interesting and thought-provoking account of this societally impactful era, this book will help the reader develop a more informed understanding of the potential future of financial regulation. The book will be of value to researchers, students, advanced level students, regulators, and policymakers"--

The Money Problem

Author : Morgan Ricks
Publisher : University of Chicago Press
Page : 360 pages
File Size : 43,5 Mb
Release : 2016-03-09
Category : Business & Economics
ISBN : 9780226330464

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The Money Problem by Morgan Ricks Pdf

An “intriguing plan” addressing shadow banking, regulation, and the continuing quest for financial stability (Financial Times). Years have passed since the world experienced one of the worst financial crises in history, and while countless experts have analyzed it, many central questions remain unanswered. Should money creation be considered a “public” or “private” activity—or both? What do we mean by, and want from, financial stability? What role should regulation play? How would we design our monetary institutions if we could start from scratch? In The Money Problem, Morgan Ricks addresses these questions and more, offering a practical yet elegant blueprint for a modernized system of money and banking—one that, crucially, can be accomplished through incremental changes to the United States’ current system. He brings a critical, missing dimension to the ongoing debates over financial stability policy, arguing that the issue is primarily one of monetary system design. The Money Problem offers a way to mitigate the risk of catastrophic panic in the future, and it will expand the financial reform conversation in the United States and abroad. “Highly recommended.” —Choice

The Political Economy of Financial Regulation

Author : Chair in International Banking Law and Finance Emilios Avgouleas,David C Donald
Publisher : Unknown
Page : 128 pages
File Size : 55,6 Mb
Release : 2022-05-19
Category : Electronic
ISBN : 1108455913

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The Political Economy of Financial Regulation by Chair in International Banking Law and Finance Emilios Avgouleas,David C Donald Pdf

Examines the law and policy of financial regulation using a combination of conceptual analysis and strong empirical research.

Collateral Knowledge

Author : Annelise Riles
Publisher : University of Chicago Press
Page : 310 pages
File Size : 48,5 Mb
Release : 2011-05
Category : Business & Economics
ISBN : 9780226719337

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Collateral Knowledge by Annelise Riles Pdf

Who are the agents of financial regulation? Is good (or bad) financial governance merely the work of legislators and regulators? Here Annelise Riles argues that financial governance is made not just through top-down laws and policies but also through the daily use of mundane legal techniques such as collateral by a variety of secondary agents, from legal technicians and retail investors to financiers and academics and even computerized trading programs. Drawing upon her ten years of ethnographic fieldwork in the Japanese derivatives market, Riles explores the uses of collateral in the financial markets as a regulatory device for stabilizing market transactions. How collateral operates, Riles suggests, is paradigmatic of a class of low-profile, mundane, but indispensable activities and practices that are all too often ignored as we think about how markets should work and be governed. Riles seeks to democratize our understanding of legal techniques, and demonstrate how these day-to-day private actions can be reformed to produce more effective forms of market regulation.

Financial Market Regulation

Author : John A. Tatom
Publisher : Springer Science & Business Media
Page : 243 pages
File Size : 55,6 Mb
Release : 2011-01-11
Category : Business & Economics
ISBN : 9781441966377

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Financial Market Regulation by John A. Tatom Pdf

What role should regulation play in financial markets? What have been the ramifications of financial regulation? To answer these and other questions regarding the efficacy of legislation on financial markets, this book examines the impact of the Gramm Leach Bliley Act (GLBA), also called the Financial Modernization Act of 1999, which fundamentally changed the financial landscape in the United States. The GLBA allows the formation of financial holding companies that can offer an integrated set of commercial banking, securities and insurance products. The tenth anniversary of the most sweeping financial legislation reform in the industry’s structure is a natural benchmark for assessing the effects of the law and for questioning whether changes are necessary in the working of this historic legislation. The importance of this review is reinforced by a variety of proposals in the last several years to reform the regulation of financial institutions that have attracted considerable attention among regulators and in the financial firms that they regulate. Most recently, the financial crisis and the failure of some large financial institutions have called into question the legitimacy of America’s current financial structure and its regulation, including to some degree the GLBA. There is no doubt that regulatory reform is front and center on today’s policy agenda. The lessons of the GLBA experience and its effects, both domestic and international, on financial markets and competitiveness, risk-taking and risk management by financial services firms and their regulators will be critical to the direction the country takes and the effort to ensure that future financial crises do not occur or have less costly damage. With contributions from academics, policy experts, and a sponsor of the GLBA, Congressman James Leach, this book is invaluable to anyone interested in financial system reform.

Law Reform and Financial Markets

Author : K. Alexander,Niamh Moloney
Publisher : Edward Elgar Publishing
Page : 361 pages
File Size : 41,5 Mb
Release : 2012-01-01
Category : Law
ISBN : 9780857936639

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Law Reform and Financial Markets by K. Alexander,Niamh Moloney Pdf

Law Reform and Financial Markets addresses how law reform can be used to support strong financial markets and draws on the Global Financial Crisis as a case study. This edited collection reflects recent developments, including the EU institutional reforms and Dodd-Frank Act 2010. The different contributions adopt a range of theoretical, contextual, and substantive perspectives, examine different domestic, regional, and international contexts and assess public and private law frameworks in considering how legal and regulatory reforms can be most effectively designed for strong financial markets. This comprehensive book will appeal to academics and postgraduates in the field of financial regulation and in cognate fields, including finance and economics, as well as to regulators and policymakers.

Innovation and the State

Author : Cristie Ford
Publisher : Cambridge University Press
Page : 374 pages
File Size : 41,7 Mb
Release : 2017-12-07
Category : Law
ISBN : 9781108514668

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Innovation and the State by Cristie Ford Pdf

From social media to mortgage-backed securities, innovation carries both risk and opportunity. Groups of people win, and lose, when innovation changes the ground rules. Looking beyond formal politics, this new book by Cristie Ford argues that we need to recognize innovation, and financial innovation in particular, as a central challenge for regulation. Regulation is at the leading edge of politics and policy in ways that we have not yet fully grasped. Seemingly innocuous regulatory design choices have clear and profound practical ramifications for many of our most cherished social commitments. Innovation is a complex phenomenon that needs to be understood not only in technical terms, but also in human ones. Using financial regulation as her primary example, Ford argues for a fresh approach to regulation, which recognizes innovation for the regulatory challenge that it is, and which binds our cherished social values and our regulatory tools ever more tightly together.