The failure of individual firms in the banking industry poses a unique threat to the entire economy. Emerging wisdom on systemic risk has identified two shortcomings in traditional regulatory approaches, all of which failed to anticipate the financial crisis of 2008-09. First, static measures of...

This article reviews two leading measures of financial risk and an emerging alternative. Embraced by the Basel accords, value-at-risk and expected shortfall are the leading measures of financial risk. Expectiles offset the weaknesses of value-at-risk (VaR) and expected shortfall. Indeed,...

The law of regulated industries, particularly the legislative command that the government ensure “just and reasonable rates” for regulated services, is a highly specialized application of financial economics. Ratemaking, to put it bluntly, represents a regulatory exercise in capital asset...

American agricultural law's environmental record is a legacy of legislative failure. Most of the blame can and should be attributed to the failure of the law to separate ecological objectives from competing and ultimately contradictory economic objectives. Two strains of agroecological fallacies...

Successive crises in the early twenty-first century prompted regulators around the world to ask financial institutions to implement a series of regulations. These measures aimed to increase transparency, improve consumer and investor protection, restructure financial capital, stabilize insurance...

What, in the eyes of the law, is cable broadband? The regulation of cable-based platforms for high-speed Internet access has become one of the most controversial subjects in communications law. A trilogy of judicial decisions on the statutory status of cable broadband forced the Federal...