This comment is on a paper by Christian Kirchner and Wulf Kaal, which proposes a variety of post-financial crisis regulatory reforms under a common theme of minimizing “regulatory arbitrage.” The comment focuses on one of their proposals, hedge fund regulation, and then picks up on the theme...

Foundational financial legislation is typically adopted in the midst or aftermath of financial crises, when an informed understanding of the causes of the crisis is not yet available. Moreover, financial institutions operate in a dynamic environment of considerable uncertainty, such that...

This paper challenges the prevailing view of the efficacy of harmonization of international financial regulation and provides a mechanism for facilitating regulatory diversity and experimentation within the existing global regulatory framework. the Basel accords. Recent experience suggests that...