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Containing Contagion

Kathleen C. Engel and Patricia A. McCoy

in The Subprime Virus: Reckless Credit, Regulatory Failure, and Next Steps

Published in print:
2011
Published Online:
April 2015
ISBN:
9780195388824
eISBN:
9780190258535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780195388824.003.0013
Subject:
Business and Management, Political Economy

This chapter first explains how federal government bailouts during the subprime crisis increased the risk for more severe financial crises in the future. The government sent businesses the wrong ... More


Introduction

Stephen M. Bainbridge

in Corporate Governance after the Financial Crisis

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199772421
eISBN:
9780199932696
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199772421.003.0001
Subject:
Law, Company and Commercial Law

This introductory chapter begins with a brief review of the events that precipitated the passage of the Public Company Accounting Reform and Investor Protection Act of 2002 (Sarbanes–Oxley) and the ... More


Regulation of Swaps

Alan N. Rechtschaffen

in Capital Markets, Derivatives, and the Law: Positivity and Preparation

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190879631
eISBN:
9780190879662
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190879631.003.0014
Subject:
Law, Company and Commercial Law

Former Federal Reserve Chairman Ben S. Bernanke classified derivatives as a “vulnerability” of the financial system that led to the financial crisis. He explained that derivatives concentrated risk ... More


The Second Half: Interest Group Conflicts and Coalitions in the Implementation of the Dodd-Frank Act Derivatives Rules

Stefano Pagliari

in Governing the World's Biggest Market: The Politics of Derivatives Regulation After the 2008 Crisis

Published in print:
2018
Published Online:
February 2018
ISBN:
9780190864576
eISBN:
9780190869557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190864576.003.0006
Subject:
Political Science, International Relations and Politics, Political Economy

This chapter explores the implementation of the derivatives rules included within the Dodd-Frank by US regulatory agencies. This phase brought to a halt the tightening in the regulation of ... More


Introduction

Paul H. Schultz

in Perspectives on Dodd-Frank and Finance

Published in print:
2014
Published Online:
May 2015
ISBN:
9780262028035
eISBN:
9780262325929
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262028035.003.0001
Subject:
Economics and Finance, Financial Economics

This chapter discusses the origins of the Dodd-Frank Act in the 2008 financial crisis. Sections of the Act are described and summarized, and discussions about how these different parts of the law are ... More


Regulation of Swaps

Alan N. Rechtschaffen

in Capital Markets, Derivatives and the Law: Evolution After Crisis

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199971541
eISBN:
9780199361458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199971541.003.0011
Subject:
Law, Company and Commercial Law

The 2008 near collapse of financial markets has been attributed to derivatives, particularly over-the-counter derivatives. The Wall Street Reform and Consumer Protection Act, also known as the ... More


Perspectives on Dodd-Frank and Finance

Paul H. Schultz (ed.)

Published in print:
2014
Published Online:
May 2015
ISBN:
9780262028035
eISBN:
9780262325929
Item type:
book
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262028035.001.0001
Subject:
Economics and Finance, Financial Economics

Leading scholars in economics, finance and law, along with regulators and practitioners, discuss Dodd-Frank and financial regulation. The origins of the Dodd-Frank Act in the financial crisis and ... More


Further Assessment of the Iron Law of Financial Regulation: A Postscript to Regulating in the Dark

Roberta Romano

in Systemic Risk, Institutional Design, and the Regulation of Financial Markets

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198777625
eISBN:
9780191823183
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198777625.003.0004
Subject:
Law, Company and Commercial Law

In an earlier article called ‘Regulating in the Dark’, I contended that there is a systemic pattern in major US financial regulation that constitutes an ‘Iron Law’ of US financial regulation. The ... More


Executive Compensation

Stephen M. Bainbridge

in Corporate Governance after the Financial Crisis

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199772421
eISBN:
9780199932696
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199772421.003.0005
Subject:
Law, Company and Commercial Law

Both Sarbanes–Oxley and Dodd–Frank included new executive compensation regulations. A key question is whether these provisions addressed actual corporate governance failures or were simply a sop to ... More


Reform? Hubristic Intervention or Effective Democracy

Ewald Engelen, Ismail Ertürk, Julie Froud, Sukhdev Johal, Adam Leaver, Michael Moran, Adriana Nilsson, and Karel Williams

in After the Great Complacence: Financial Crisis and the Politics of Reform

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199589081
eISBN:
9780191731150
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589081.003.0009
Subject:
Business and Management, Finance, Accounting, and Banking, Political Economy

In this concluding chapter, we do not produce lists of changes required to fix the financial system, but instead reflect on the preceding analysis to find some bearings that could lead towards a much ... More


Dodd–Frank Restrictions on the Lender-of-Last-Resort Power

Hal S. Scott

in Connectedness and Contagion: Protecting the Financial System from Panics

Published in print:
2016
Published Online:
January 2017
ISBN:
9780262034371
eISBN:
9780262332156
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262034371.003.0009
Subject:
Economics and Finance, Economic History

The Dodd–Frank Act placed important restrictions on the Fed's power as lender of last resort (LLR) to nonbanks under §13(3) as part of the post-crisis reaction that its lending constituted an ... More


The Old Is New Again: Securities Reform in the Twenty-First Century

Paul G. Mahoney

in Wasting a Crisis: Why Securities Regulation Fails

Published in print:
2015
Published Online:
September 2015
ISBN:
9780226236513
eISBN:
9780226236650
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226236650.003.0008
Subject:
Law, Legal History

Both the Sarbanes-Oxley Act of 2002, adopted in the wake of the Enron bankruptcy and tech stock collapse, and the Dodd-Frank Act of 2010, enacted in response to the 2007-08 financial crisis, have ... More


Consumer Protection

Kathleen C. Engel and Patricia A. McCoy

in The Subprime Virus: Reckless Credit, Regulatory Failure, and Next Steps

Published in print:
2011
Published Online:
April 2015
ISBN:
9780195388824
eISBN:
9780190258535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780195388824.003.0012
Subject:
Business and Management, Political Economy

The subprime crisis showed that federal banking regulators cannot be relied on to put consumer safety over the interests of regulated banks. This chapter evaluates whether the Dodd-Frank Act achieves ... More


Corporate Governance after the Financial Crisis

Stephen M. Bainbridge

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199772421
eISBN:
9780199932696
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199772421.001.0001
Subject:
Law, Company and Commercial Law

The years from 2000 to 2010 were bookended by two major economic crises. The bursting of the dotcom bubble and the extended bear market of 2000 to 2002 prompted Congress to pass the Sarbanes–Oxley ... More


Capital Markets, Derivatives and the Law: Evolution After Crisis

Alan N. Rechtschaffen

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199971541
eISBN:
9780199361458
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199971541.001.0001
Subject:
Law, Company and Commercial Law

During the financial crisis, dramatic events undermined the global economy. Failures in individual markets and institutions sparked a financial crisis that resulted in political, social, and economic ... More


The SOX and Dodd-Frank Acts—Modern Federal Corporate Governance Initiatives

Marc I. Steinberg

in The Federalization of Corporate Governance

Published in print:
2018
Published Online:
March 2018
ISBN:
9780199934546
eISBN:
9780199361854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199934546.003.0005
Subject:
Law, Company and Commercial Law

In response to several corporate scandals, the Sarbanes-Oxley Act of 2002 (SOX) implemented substantive corporate governance mandates that were adopted as federal law. It focused on restoring ... More


Panel Discussion on Stability, Resolution, and Dodd–Frank

James R. Barth, John Dearie, David Skeel, and Arthur Wilmarth

in Perspectives on Dodd-Frank and Finance

Published in print:
2014
Published Online:
May 2015
ISBN:
9780262028035
eISBN:
9780262325929
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262028035.003.0006
Subject:
Economics and Finance, Financial Economics

In this panel discussion, John Dearie, Executive Vice President of the Financial Services Forum, lists several shortcomings of Dodd-Frank, but contends that the banking system is far stronger than it ... More


Dodd–Frank Act Policies to Address Connectedness

Hal S. Scott

in Connectedness and Contagion: Protecting the Financial System from Panics

Published in print:
2016
Published Online:
January 2017
ISBN:
9780262034371
eISBN:
9780262332156
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262034371.003.0006
Subject:
Economics and Finance, Economic History

The Dodd–Frank Act was the principal response of the United States to the 2008 financial crisis. Despite the fact that the crisis actually had little to do with asset connectedness, many of the most ... More


The 2011 FDIC Assessment on Banks’ Managed Liabilities: Interest Rate and Balance-Sheet Responses

Lawrence L. Kreicher, Robert N. McCauley, and Patrick McGuire

in Taxation and Regulation of the Financial Sector

Published in print:
2015
Published Online:
May 2015
ISBN:
9780262027977
eISBN:
9780262321099
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262027977.003.0015
Subject:
Economics and Finance, Financial Economics

The financial crisis led to discussion of corrective bank taxes to promote financial stability. This paper interprets the widening of the FDIC assessment base from deposits to assets less equity for ... More


Regulation

Anna Chadwick

in Law and the Political Economy of Hunger

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198823940
eISBN:
9780191862656
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198823940.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

Chapter 4 analyses the new regulations introduced in the US and in the EU to respond to ‘excessive’ levels of speculation in commodity derivative markets. First, the chapter recalls the events of the ... More


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