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Articles 1 - 3 of 3
Full-Text Articles in Law and Economics
Bankruptcy Or Bailouts?, Kenneth Ayotte, David Skeel
Bankruptcy Or Bailouts?, Kenneth Ayotte, David Skeel
Kenneth Ayotte
The usual reaction if one mentions bankruptcy as a mechanism for addressing a financial institution’s default is incredulity. Those who favor the rescue of troubled financial institutions, and even those who prefer that their assets be promptly sold to a healthier institution, treat bankruptcy as anathema. Everyone seems to agree that nothing good can come from bankruptcy. Indeed, the Chapter 11 filing by Lehman Brothers has been singled out by many the primary cause of the severe economic and financial contraction that followed, and proof that bankruptcy is disorderly and ineffective. As a result, ad-hoc rescue lending to avoid bankruptcy …
Reframing Financial Regulation, Charles K. Whitehead
Reframing Financial Regulation, Charles K. Whitehead
Charles K Whitehead
Financial regulation today is largely framed by traditional business categories. The financial markets, however, have begun to bypass those categories, principally over the last thirty years. Chief among the changes has been convergence in the products and services offered by traditional intermediaries and new market entrants, as well as a shift in capital-raising and risk-bearing from traditional intermediation to the capital markets. The result has been the reintroduction of old problems addressed by (but now beyond the reach of) current regulation, and the rise of new problems that reflect change in how capital and financial risk can now be managed …
Putting The 'Financial Stability' In Financial Stability Oversight Council, Hilary Allen
Putting The 'Financial Stability' In Financial Stability Oversight Council, Hilary Allen
Articles in Law Reviews & Other Academic Journals
For all the ink that has been spilled on the topic of financial regulation since the financial crisis of 2007-2008, there has been little examination of the competing normative goals of financial regulation. Should the financial system be treated as an end in itself such that the efficiency of that system is the primary goal? Or should financial regulation instead treat the financial system as a means to the end of broader economic growth? This Article argues for the latter approach, and stakes out the controversial normative position that financial stability, rather than efficiency, should be the paramount focus of …