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Securities Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2016

Notre Dame Law School

Journal of Legislation

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Full-Text Articles in Securities Law

From The Great Depression To The Great Recession: On The Failure Of Regulation In The Mortgage Market, Dov Solomon May 2016

From The Great Depression To The Great Recession: On The Failure Of Regulation In The Mortgage Market, Dov Solomon

Journal of Legislation

People tend to attribute the outbreak of the 2008 financial crisis to deregulation. This article challenges this view and presents a unique perspective of the crisis as in fact rooted in the way the residential mortgage market is regulated. Focusing on non-recourse mortgage legislation, which is a unique feature of the US mortgage market dating back to the period following the Great Depression, the article analyzes the contribution of this legislation to the onset of the Great Recession. The discussion shows how regulation that was enacted in response to a major economic crisis not only failed to prevent a large-scale …