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Cargando... The New Financial Deal: Understanding the Dodd-Frank Act and Its (Unintended) Consequencespor David A. Skeel
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"What can we expect from our era's New Deal? To answer this question, The New Financial Deal will begin with an inside account of the legislative process, then outline and access its key components: the new framework for regulating derivatives, the regulation of banking and systemic risk, and the new resolution regime. It will explain the implications of the new framework, and propose correctives that would better align its ostensible objectives--such as preventing future bailouts--with the new regulatory structure. The legislation's key theme is government partnership with and regulation of large concentrated institutions in order to reduce their risk and manage their failure. In place of the decentralized pre-crisis regulation of derivatives, the new legislation will require that most derivatives be cleared through a clearing house and traded on exchanges. The stability of the derivatives market will therefore depend on a small number of potentially enormous clearing houses. For large financial institutions that encounter financial distress, the legislation gives bank regulators sweeping new authority to step in and take over the institution. Regulators, rather than negotiations among the parties themselves, will determine the outcomes. These epochal reforms are posed to change Wall Street forever, but whether they help to regulate supermarket banks or create even more moral hazard is worthy of serious debate."-- No se han encontrado descripciones de biblioteca. |
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Google Books — Cargando... GénerosSistema Decimal Melvil (DDC)346.73Social sciences Law Private Law North America United StatesClasificación de la Biblioteca del CongresoValoraciónPromedio:
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During the final debates over the passage of Dodd-Frank, Texas Republican Congressman Jeb Hensarling observed that “There are at least three unintended consequences on every page of this legislation.” Quite a few for a bill that ran to 2,319 pages. Skeel picks up on this theme and after starting by explaining the intended goals of Dodd-Frank and the ways in which the legislation attempts to implement them, concludes that in fact Dodd-Frank will have negative unintended consequences that will vastly exceed the beneficial intended effects of the legislation. . . .
Having credited the drafters of Dodd-Frank with articulating coherent and reasonable goals, however, Skeel is withering in his assessment that the legislation itself will likely be a complete failure in attaining its intended objectives. In fact, not only does Skeel conclude that Dodd-Frank will largely fail in accomplishing its central objectives, it will create additional unintended consequences that will result in substantial economic, financial, and even political harm. . . .
Skeel’s book is a crucially important contribution to understanding Dodd-Frank. . . . After the burst of ad hoc, politically-motivated interventions that shredded the rule of law, Dodd-Frank does not put the genie of government discretion back into the bottle, but instead entrenches it in the guise of legislation. But while giving the appearance of imposing new rules, Dodd-Frank actually merely codifies this discretion and in many instances substantially enlarges it. It specifically grants huge discretionary powers to regulators (such as the breathtaking powers to “resolve” the failure of large financial institutions with minimal notice and due process and virtually no judicial review) it also contains hundreds of rule-making proceedings with no legislative oversight. Politicians will always favor enlarged discretion as a means to increase their power and the opportunity to bargain with powerful interest groups and large, politically-connected interest groups favor discretion for similar reasons. It is only constitutional government and the rule of law that protect ordinary citizens who cannot hire the lawyers and lobbyists to manipulate the levers of power effectively.