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The global financial meltdown has led to a renewed focus on the purposes of securities regulation and on the expansion …, mitigating systemic risk has fallen within the realm of financial institution (i.e., prudential) regulation rather than … of complex institutions, are blurring the line between prudential regulation and securities law. This evolution makes …
Persistent link: https://www.econbiz.de/10013136760
In light of the twentieth anniversary of the Supreme Court's decision in Shearson v. McMahon enforcing a pre-dispute arbitration clause in a brokerage customer's account agreement, the author revisits the assumptions of the McMahon Court supporting its conclusion that arbitration is fair to...
Persistent link: https://www.econbiz.de/10014223228
This is a chapter for a forthcoming volume Oxford Handbook of Financial Regulation (Oxford University Press 2014) (eds …. Eilís Ferran, Niamh Moloney, and Jennifer Payne). It provides an overview of EU financial regulation from the first banking … the accommodation of cross-border capital flows and their regulation necessarily require an orchestration of the …
Persistent link: https://www.econbiz.de/10010372581
addressed by an approach to financial regulation that imports its functional foundations more vigorously into the interpretation … and implementation of existing rules. It shows that the general policy goals of prudential banking regulation remain …
Persistent link: https://www.econbiz.de/10010415904
addressed by an approach to financial regulation that imports its functional foundations more vigorously into the interpretation … and implementation of existing rules. It shows that the general policy goals of prudential banking regulation remain …
Persistent link: https://www.econbiz.de/10010411253
This paper discusses problems of harmonisation and regulation of the European Internal Financial Market. The argument …
Persistent link: https://www.econbiz.de/10013132861
This paper considers the debate about the "macro-prudential regulation" of finance in the context of a broader view of … dominant families of ideas about finance and its regulation share a failure of institutional imagination. Neoclassical … productive agenda of society. The fourth idea is that the regulation of finance, including what we now call macro …
Persistent link: https://www.econbiz.de/10013092132
SEC's responsibility for the current financial crisis and its potential future role in regulation of the capital markets …, globalization and the growing role of financial intermediaries. This complexity demonstrates the shortcomings of self regulation and …
Persistent link: https://www.econbiz.de/10013160511
The credit crisis that started in the American mortgage subprime market in 2007 is having profound social and economic consequences. In this context, lawmakers, regulators, and commentators have questioned the role of rating agencies in the market turmoil. In light of the critiques, a strong...
Persistent link: https://www.econbiz.de/10013156993
International securities regulation has arrived at the forefront of the country's debate on financial market reform … international regulatory architecture.Yet international securities regulation is poorly understood. Securities scholars … securities regulation as involving what game theoreticians would call an "assurance" game where information sharing through …
Persistent link: https://www.econbiz.de/10013157605