The concept of regulatory systemic risk – a long-term imbalance, resulting from the misalignment between regulatory initiatives and market realities, that impacts multiple areas of the regulatory framework – is developed in the context of US securities regulation. The discussion offers two...

The Volcker Rule's "covered funds rule" circumscribes bank investments and involvement in certain investment funds to limit bank risk taking and mitigate systemic risk. This article analyzes the choice by legislators and regulators in drafting the Volcker covered funds rule to use Investment...