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The Consumer Financial Protection Bureau's Structural Integrity And A Call For Adaptive And Incremental Agency Design Policy, Hannah Clendening
The Consumer Financial Protection Bureau's Structural Integrity And A Call For Adaptive And Incremental Agency Design Policy, Hannah Clendening
Indiana Law Journal
INTRODUCTION
I. UNDERSTANDING AND RATIONALIZING COMPETING DESIGN OBJECTIVES
A. CONGRESSIONAL INTENT AND THE CFPB’S FORMATION
B. D.C. CIRCUIT’S REASONING IN PHH CORP. V. CONSUMER FINANCIAL PROTECTION BUREAU
C. BASIC TENETS OF LEADING ORGANIZATIONAL DESIGN THEORIES
D. ANOTHER LOOMING CONSIDERATION: AGENCY CAPTURE
II. A NEED FOR ADAPTIVE AND INCREMENTAL APPROACHES TO AGENCY DESIGN
CONCLUSION
Too-Big-To-Fail 2.0? Digital Service Providers, Nizan Geslevich Packin
Too-Big-To-Fail 2.0? Digital Service Providers, Nizan Geslevich Packin
Indiana Law Journal
The Article explains why addressing Too-Big-To-Fail 2.0 has not yet become a political and societal priority. First, digital service providers are technology companies, which, many believe, are shaped by market forces such that they fail and succeed in equal measure without producing negative ripple effects on the economy or society. Second, technology giants are not as carefully regulated as banks becauseunlike banks, they do not take insured deposits backed by the government. Third, even heavily regulated financial institutions have not been required until recently to focus on cybersecurity. Finally, some believe that there is no point in worrying about Too-Big-To-Fail …
The Global Architecture Of Financial Regulatory Taxes, Carlo Garbarino, Giulio Allevato
The Global Architecture Of Financial Regulatory Taxes, Carlo Garbarino, Giulio Allevato
Michigan Journal of International Law
This Article endeavors to broaden the analysis of available policy tools to address the problems created by financial crises and discusses how, in addition to direct regulation, certain tax measures having a regulatory nature may operate to address the so-called “negative externalities” often associated with those crises. There is a negative externality when an economic agent making a decision does not pay the full cost of the decision’s consequences. In such cases, the cost to society as a whole is greater than the cost borne by the individuals creating the economic impact. In practice, negative externalities result in market inefficiencies …