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This article explores how the theory of, “responsive regulation,” might guide historical inquiry into the American … origins of the global financial crisis. Part I of the article briefly lays out some key ideas of the, “responsive regulation … regulation over the past two generations. Part II addresses the conflicting aims of financial regulation since the 1970s …
Persistent link: https://www.econbiz.de/10013124115
This article explains the roots of financial crises in one of the oldest and most fundamental problems of commercial law: hidden leverage. Common law courts wrestled with this problem for centuries and developed a time – tested solution: the doctrine of secret liens. If the debtor becomes...
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financial regulation. Today's financial system is a dynamic and complex ecosystem. For these and other reasons, policy makers …. The processes governing financial regulation, however, implicitly assume a high degree of knowability, stability, and … financial regulation has failed in the past and why it will likely fail again. It also suggests the need for a new approach to …
Persistent link: https://www.econbiz.de/10012842550
The Dodd-Frank Act, enacted after the global financial crisis, requires U.S. financial regulators to define and regulate systemically risky firms and activities — a truly Sisyphean task. In this Essay, we identify two paths regulators have taken: a “descriptive approach,” which involves...
Persistent link: https://www.econbiz.de/10013011346
second set is intended to address potential too-big-to-fail problems by imposing prudential regulation on systemically … forces of hedge fund regulation across the Atlantic, ultimate policy outcomes were significantly divergent. Primarily … gave birth to indirect regulation of hedge funds with a focus on their interconnectedness with LCFIs. This is mainly …
Persistent link: https://www.econbiz.de/10012855060
This article compares the direct regulation of hedge funds in the U.S. prior to the Dodd-Frank Act with the direct … regulatory measures to address potential systemic risks of hedge funds ensued in its aftermaths. The direct regulation involves … regulatory measures focusing immediately on the regulation of the target industry. In contrast, the imperatives or commands of …
Persistent link: https://www.econbiz.de/10013054911
The literature on regulation has typically emphasized the ability of concentrated interest groups to secure the rules …‐roots advocacy groups for more stringent regulation. As a result, Dodd‐Frank Act falls far short of a thorough‐going redesign of the … legislation: macroprudential regulation, consumer protection, reestablishment of the partition between deposit banking versus …
Persistent link: https://www.econbiz.de/10014176301
The precise impact of the COVID-19 pandemic on African economies is still unknown, however if the crisis persists, it is likely to have huge economic ramifications on the continent. Financial Technology (FinTech), which has made a positive contribution in Africa can significantly support the...
Persistent link: https://www.econbiz.de/10014090690