Showing 51 - 60 of 68
We evaluate evidence reflecting the stability of our multi-regulator, charter-competitive system of financial regulation during the financial crisis in this symposium essay. Specifically, we compare thrifts to banks, charter-switchers to other thrifts and banks, and bailout recipients to...
Persistent link: https://www.econbiz.de/10013117917
The United States increasingly relies on “soft law” and, in particular, on cooperation with foreign regulators to make domestic policy. The implementation of soft law at home is typically understood to depend on administrative law, as it is American agencies that implement the deals they...
Persistent link: https://www.econbiz.de/10013053932
The efforts to get the federal government out of the business of regulating insurance have been comprehensive but not entire. The project offers two insights about deregulation and how to do it. The first insight is comparative. Given that courts, Congress, and agencies have all tried to undo...
Persistent link: https://www.econbiz.de/10012895217
An increasingly common response by regulators to what they view as undesirable market trends or challenges has been a sharp turn towards litigation to introduce novel legal theories and frameworks that could have been the product or subject of legislative or administrative rulemaking. The...
Persistent link: https://www.econbiz.de/10014355744
Independent regulatory commissions are, in the face of a judicial campaign against their independence, suffering from an internal ailment that is just as serious. These mainstays of the administrative state, including the Federal Trade Commission, National Labor Relations Board, and other...
Persistent link: https://www.econbiz.de/10014361236
Informal international regulatory cooperation is changing into recognizable forms of international administration. This paper surveys some of those forms. The forms range from hard procedural law to soft harmonization-through-example. They include: 1) hard international rules that constrain...
Persistent link: https://www.econbiz.de/10014066070
Institutional reform lawsuits - big cases involving the structural reform of local government entities such as prisons and housing authorities - have traditionally been analyzed in two ways: either as unique exercises of judicial power or as party-driven examples of small-scale government by...
Persistent link: https://www.econbiz.de/10014072252
The banking charter—the license a bank needs to obtain before it can open—has become the centerpiece of an argument about what finance should do for the rest of the economy, both in academia and at the banking agencies. Some advocates have proposed using the charter to pursue industrial...
Persistent link: https://www.econbiz.de/10012826798
How should we understand the federal government's response to the financial crisis? The government's team, largely staffed by investment bankers, pushed the limits of its statutory authority to authorize an ad hoc series of deals designed to mitigate that crisis. It then decided to seek...
Persistent link: https://www.econbiz.de/10012714006
This article adds an empirical perspective to the debate over the use of foreign authority by federal courts. It surveys sixty years of federal court practice in citing opinions from foreign high courts, through a citation count analysis. The data reveals that federal courts rarely cite to...
Persistent link: https://www.econbiz.de/10012754343