Capture Nuances In The Contest For Financial Regulation

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Capture Nuances in the Contest for Financial Regulation

Author : Lawrence G. Baxter
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Capture Nuances in the Contest for Financial Regulation by : Lawrence G. Baxter

Download or read book Capture Nuances in the Contest for Financial Regulation written by Lawrence G. Baxter and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Applying capture analysis in the hotly contested arena of financial regulation is difficult. Numerous regulators with widely differing missions and widely diverse stakeholders are involved. Regulators operate under widely differing authorizing legislation. They even function at different levels of government. Agencies are often at odds with each other when it comes to determining optimal public policy. Unlike policy disputes in many other areas of regulation, which can be settled by reference to scientific data, public policy in financial regulation rests profoundly on essentially contested economic ideologies. This makes financial policy doubly difficult: one the one hand, it requires deep expertise -- and therefore agency, as opposed to legislative -- determination; on the other, this expertise must be informed by prevailing perceptions of which economic principles are most plausible, even though these principles are seldom actually verifiable. It is also often overlooked that financial institutions -- banks in particular -- perform quasi-governmental roles, such that close cooperation between the regulators and the regulated is not only inevitable but also indispensable. “Capture” is therefore often just a confusing term of regulatory analysis because it rests on shallow perceptions of the regulatory process. Stakeholders and even the agencies themselves inevitably “contest” for the policies they deem most desirable. What is important is to prevent, as far as possible, undue influence by certain stakeholders at the expense of others, and the adequatere presentation of alternative views in the combative arena of policy competition. The principles of democratic participation remain the important guiding light for financial regulatory reform. This article reviews the fragmented nature of the regulatory process in finance, the close relationship between banks and government, and the emerging forces that might help to make the policy contest more balanced.

Capture in Financial Regulation

Author : Lawrence G. Baxter
Publisher :
ISBN 13 :
Total Pages : 27 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Capture in Financial Regulation by : Lawrence G. Baxter

Download or read book Capture in Financial Regulation written by Lawrence G. Baxter and published by . This book was released on 2014 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Regulatory capture” is central to regulatory analysis yet is a troublesome concept. It is difficult to prove and sometimes seems refuted by outcomes unfavorable to powerful interests. Nevertheless, the process of bank regulation and supervision fosters a closeness between regulator and regulated that would seem to be conducive to “capture” or at least to fostering undue sympathy by regulators for the companies they oversee. The influence of very large financial institutions has also become so great that financial regulation appears to have become excessively distorted in favor of these entities and to the detriment of many other legitimate interests, including those of taxpayers, smaller financial institutions, and the promotion of general economic growth. So “deep capture” by the larger elements of the financial industry of the regulatory process might well have become a very significant problem.At the same time, it is unrealistic to assume that participants in the policy making and policy implementation process will not be trying to exert influence on the outcome of any regulation that impacts them. Attempts to maximize influence are surely an inevitable element of the ongoing regulatory process. And it is unrealistic to try to avoid extensive industry input altogether. Regulators and regulations depend on frequent and sometimes intense interaction with various sectors of the industry.To promote sound regulatory policy, we should renew efforts to shape the environmental conditions in which the competition for regulatory outcomes takes place, so that policy more favorable to the general public interest becomes more likely. This involves a combination of measures, many of which are quite traditional but some of which are too often neglected. Such measures might include: strengthening “tripartism,” advocated by Ayres and Braithwaite, by facilitating broader interest group participation in the regulatory process; limiting the influence of dominant participants by reducing their scale; properly structuring, resourcing and supporting regulatory agencies and regulators; “rotating” regulators so that they are less likely to develop unduly empathic relationships with the institutions they regulate; tightening the rules governing the “revolving door;” and making greater use of independent consultative and review bodies.

Preventing Regulatory Capture

Author : Daniel Carpenter
Publisher : Cambridge University Press
ISBN 13 : 1107036089
Total Pages : 531 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Preventing Regulatory Capture by : Daniel Carpenter

Download or read book Preventing Regulatory Capture written by Daniel Carpenter and published by Cambridge University Press. This book was released on 2014 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars from across the social sciences present empirical evidence that the obstacle of regulatory capture is more surmountable than previously thought.

The Regulation of Megabanks

Author : Katarzyna Parchimowicz
Publisher : Taylor & Francis
ISBN 13 : 1000799050
Total Pages : 246 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis The Regulation of Megabanks by : Katarzyna Parchimowicz

Download or read book The Regulation of Megabanks written by Katarzyna Parchimowicz and published by Taylor & Francis. This book was released on 2022-11-22 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global systemically important banks (G-SIBs) are the largest, most complex and, in the event of their potential failure, most threatening banking institutions in the world. The Global Financial Crisis (GFC) was a turning point for G-SIBs, many of which contributed to the outbreak and severity of this downturn. The unfolding of the GFC also revealed flaws and omissions in the legal framework applying to financial entities. In the context of G-SIBs, it clearly demonstrated that the legal regimes, both in the USA and in the EU, grossly ignored the specific character of these institutions and their systemic importance, complexity, and individualism. As a result of this omission, these megabanks were long treated like any other smaller banking institutions. Since the GFC, legal systems have changed a lot on both sides of the Atlantic, and global and national lawmakers have adopted new rules applying specifically to G-SIBs to reduce their threat to financial stability. This book explores whether the G-SIB-specific regulatory frameworks are adequately tailored to their individualism in order to prevent them from exploiting overly general rules, as they did during the GFC. Analyzing the specific character and individualism of G-SIBs, in relation to their history, normal functioning, as well as their operations during the GFC, this book discusses transformation of banking systems and the challenges and opportunities G-SIBs face, such as Big Tech competitors, climate-related requirements, and the COVID-19 pandemic. Taking a multidisciplinary approach which combines financial aspects of operations of G- SIBs and legal analysis, the book describes G-SIB-oriented legal frameworks of the EU and the USA and assesses whether G-SIB individualism is adequately reflected, analyzing trends in supervisory action when it comes to discretion in the G-SIB context, all in order to contribute to the ongoing discussions about international banking law, its problems, and potential remedies to such persistent flaws.

The Institutional Structure of Macroprudential Policy in the UK

Author : Kosmas Kaprinis
Publisher : Springer Nature
ISBN 13 : 3031335767
Total Pages : 198 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis The Institutional Structure of Macroprudential Policy in the UK by : Kosmas Kaprinis

Download or read book The Institutional Structure of Macroprudential Policy in the UK written by Kosmas Kaprinis and published by Springer Nature. This book was released on 2023-06-28 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Macroprudential policy (MPP) has been one of the major initiatives in the post-2008 crisis restructuring of financial regulation. Under the macroprudential mandate, the regulator monitors and judiciously controls systemic risk in the financial system, in an attempt to minimise the probability and severity of a future financial crisis. The book reveals why MPP authorities are rightfully at the centre of a highly sensitive policy debate, as MPP necessitates the allocation of significant regulatory power to technocrats, while the highly technical nature of MPP makes policy evaluation challenging. Specific issues examined include: the importance of financial stability as a public policy goal; the political economy issues stemming from the delegation of MPP to an independent authority; and the definition of accountability in the context of MPP. Focusing on a case study on the Financial Policy Committee of the Bank of England, the macroprudential authority in the UK, the book develops the normative grounds to justify the need for accountability in the conduct of MPP, while also formulating the necessary institutional framework to ensure the accountability of MPP authorities.

The Political Economy of Financial Regulation

Author : Emilios Avgouleas
Publisher : Cambridge University Press
ISBN 13 : 1108578403
Total Pages : 531 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis The Political Economy of Financial Regulation by : Emilios Avgouleas

Download or read book The Political Economy of Financial Regulation written by Emilios Avgouleas and published by Cambridge University Press. This book was released on 2019-01-31 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of cutting-edge scholarship examines the law and policy of financial regulation using a combination of conceptual analysis and strong empirical research. The book's authors range from global leaders to rising stars in the field, all of whom shed light on complex questions of financial sector regulation theory and practice in key economies ranging from the EU to China. Key topics include the role of law in constituting financial markets, the efficiency of markets, the role of interest groups in shaping financial regulation, the interdependence and interactions of international financial regulation with international trade and monetary regimes, and problems of regulation in state capitalism economies. This exciting volume opens the road for further enrichment of the academic and policy-making dialogue on financial regulation and regulatory practice, and reflects new trends in legal and social-science scholarship.

Regulation and the Global Financial Crisis

Author : Daniel Cash
Publisher : Routledge
ISBN 13 : 0429576536
Total Pages : 223 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Regulation and the Global Financial Crisis by : Daniel Cash

Download or read book Regulation and the Global Financial Crisis written by Daniel Cash and published by Routledge. This book was released on 2020-11-24 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Financial Crisis was a cross-sector crisis that fundamentally affected modern society. Regulation, as a concept, was both blamed for allowing the crisis to happen, but also tasked with developing and implementing solutions in the wake of the crash. In this book, a number of specialists from a range of fields have contributed their insights into the effect of the Financial Crisis upon the regulatory frameworks affecting their fields, how regulators have responded to the Crisis, and then what this may mean for the future of regulation within those industries. These analyses are joined by a picture of past financial crises – which reveals interesting patterns – and then analyses of architectural regulatory models that were fundamentally affected by the Crisis. The book aims to allow sector specialists the freedom to share their insights so that, potentially, a broader picture can be identified. Providing an interesting and thought-provoking account of this societally impactful era, this book will help the reader develop a more informed understanding of the potential future of financial regulation. The book will be of value to researchers, students, advanced level students, regulators, and policymakers.

Powering the Digital Economy: Opportunities and Risks of Artificial Intelligence in Finance

Author : El Bachir Boukherouaa
Publisher : International Monetary Fund
ISBN 13 : 1589063953
Total Pages : 35 pages
Book Rating : 4.5/5 (89 download)

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Book Synopsis Powering the Digital Economy: Opportunities and Risks of Artificial Intelligence in Finance by : El Bachir Boukherouaa

Download or read book Powering the Digital Economy: Opportunities and Risks of Artificial Intelligence in Finance written by El Bachir Boukherouaa and published by International Monetary Fund. This book was released on 2021-10-22 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper discusses the impact of the rapid adoption of artificial intelligence (AI) and machine learning (ML) in the financial sector. It highlights the benefits these technologies bring in terms of financial deepening and efficiency, while raising concerns about its potential in widening the digital divide between advanced and developing economies. The paper advances the discussion on the impact of this technology by distilling and categorizing the unique risks that it could pose to the integrity and stability of the financial system, policy challenges, and potential regulatory approaches. The evolving nature of this technology and its application in finance means that the full extent of its strengths and weaknesses is yet to be fully understood. Given the risk of unexpected pitfalls, countries will need to strengthen prudential oversight.

Insights on Financial Services Regulation

Author : John A. Consiglio
Publisher : Emerald Group Publishing
ISBN 13 : 1839820667
Total Pages : 120 pages
Book Rating : 4.8/5 (398 download)

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Book Synopsis Insights on Financial Services Regulation by : John A. Consiglio

Download or read book Insights on Financial Services Regulation written by John A. Consiglio and published by Emerald Group Publishing. This book was released on 2020-06-10 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debates around financial services regulation are fierce and unending, and with every new development or law, rigid positions seem to grow. In this insightful new book, expert author John A. Consiglio discusses developments in this vital part of the wide world of finance.

Knowledge Capture in Financial Regulation

Author : Eva Becker
Publisher : Springer
ISBN 13 : 3658136669
Total Pages : 301 pages
Book Rating : 4.6/5 (581 download)

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Book Synopsis Knowledge Capture in Financial Regulation by : Eva Becker

Download or read book Knowledge Capture in Financial Regulation written by Eva Becker and published by Springer. This book was released on 2016-04-12 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eva Becker assesses the US financial crisis as a crisis of regulatory data, information and knowledge. Based on the Financial Crisis Inquiry Commission’s interviews as well her own interviews, and drawing on Capture Theory and recent reformulations thereof, she develops “knowledge capture” as a theoretic framework to assess financial regulation under conditions of 21st century complexity.

Civil Society and Financial Regulation

Author : Lisa Kastner
Publisher : Routledge
ISBN 13 : 1351798138
Total Pages : 151 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Civil Society and Financial Regulation by : Lisa Kastner

Download or read book Civil Society and Financial Regulation written by Lisa Kastner and published by Routledge. This book was released on 2017-10-12 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coalitions of consumer groups, NGOs, and trade unions have traditionally been considered politically weak compared to well-organized and resourceful financial sector groups which dominate or "capture" financial regulatory decisions. However, following the 2008 financial crisis, civil society groups have been seen to exert much more influence, with politicians successfully implementing financial reform in spite of industry opposition. Drawing on literature from social movement research and regulatory politics, this book shows how diffuse interests were represented in financial regulatory overhauls in both the United States (US) and the European Union (EU). Four cases of reform in the post-crisis regulatory context are analyzed: the creation of a new Consumer Financial Protection Bureau in the US; the introduction of new consumer protection regulations through EU directives; the failure of attempts to introduce a financial transaction tax in the US; and the agreement of 11 EU member states to introduce such a tax. It shows how building coalitions with important elite allies outside and inside government helped traditionally weak interest groups transcend a lack of material resources to influence and shape regulatory policy. By engaging with a less well-known side of the debate, it explains how business power was curbed and diverse interests translated into financial regulatory policy.

Harvard Law Review: Volume 127, Number 7 - May 2014

Author : Harvard Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610278690
Total Pages : 542 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 127, Number 7 - May 2014 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 127, Number 7 - May 2014 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2014-05-10 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review, Number 7 (May 2014), includes an article, two book review essays, and extensive student research. Specifically, the issue features: * Article, "The Due Process Exclusionary Rule," by Richard M. Re * Book Review, "Consent and Sensibility," by Michelle E. Boardman * Book Review, "The Politics of Financial Regulation and the Regulation of Financial Politics: A Review Essay," by Adam J. Levitin * Note, "Judicial Review of Agency Change" * Note, "Live Free and Nullify: Against Purging Capital Juries of Death Penalty Opponents" In addition, case notes explore Recent Cases on such diverse subjects as whether PASPA is an appropriate exercise of congressional power; antitrust immunity for a state dental board; "bad faith" requirement in WIPO domain name arbitrations; whether a Guantanamo prisoner was properly detained as "part of" enemy forces; whether a state court may remove a domestic violence convict's federal firearms disability; whether recognition of foreign governments is an exclusive executive power; and warrantless access to cell-site location information. Finally, the issue features two summaries of Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked notes, active URLs in notes, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship.

Reinventing Financial Regulation

Author : Avinash Persaud
Publisher : Apress
ISBN 13 : 1430245581
Total Pages : 261 pages
Book Rating : 4.4/5 (32 download)

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Book Synopsis Reinventing Financial Regulation by : Avinash Persaud

Download or read book Reinventing Financial Regulation written by Avinash Persaud and published by Apress. This book was released on 2015-06-22 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reinventing Financial Regulation offers an analysis of the fundamental flaws that plague the current system of financial regulation, one built around ideas of "risk-sensitivity" and "capital adequacy." Author Avinash Persaud argues that while some sensible reforms have been introduced, a fresh approach—centered on risk capacity—is required. When the entire regime is compromised, simply slapping bandages on each new wound will do nothing to cure the underlying disease. Reinventing Financial Regulation goes beyond an urgent call to fix our profoundly troubled and damaged financial markets. It is a blueprint for an effective financial regulation system that could very well save the future of finance. What would a well-regulated financial system look like? Until now, policymakers, financial experts, and leading academics have been content to avoid facing this question head–on. We have been offered piecemeal reforms that ultimately leave the global financial system exposed to different versions of the same risks that so recently brought it to its knees. The world economy literally cannot afford to dodge this question any longer. Persaud's goal to bring clarity and a powerful simplicity to the financial regulation process results in a systematic and apolitical framework for fixing the world's fractured financial industry and transforming its regulation—not just for today's financial climate, but once and for all.

Financial Market Infrastructure and Economic Integration

Author : George A Papaconstantinou
Publisher : Bloomsbury Publishing
ISBN 13 : 1509966765
Total Pages : 281 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Financial Market Infrastructure and Economic Integration by : George A Papaconstantinou

Download or read book Financial Market Infrastructure and Economic Integration written by George A Papaconstantinou and published by Bloomsbury Publishing. This book was released on 2024-01-25 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive study of the interplay between the cutting-edge regulation of financial infrastructure and international economic integration. It tackles a series of important questions: How does the regulation of central counterparties interact with international economic law? Is the WTO able to deal with the regulatory diversity of each country's financial rulebook? Do FTAs foster deeper integration of financial infrastructure services? Can competition law effectively tackle monopolisation and anti-competitive conduct in financial infrastructure? The book discusses how the liberalisation of financial market infrastructure is achieved within the most prominent international economic integration settings: the WTO, Economic Integration Agreements, and EU competition law. It explores whether a more harmonious relationship between financial regulation and economic integration is feasible, and how it can be achieved. The book demonstrates the existence of both structural barriers to trade and trade-facilitating tools that can impede and foster the further integration of financial market infrastructure. Measuring the depth of liberalisation of financial market infrastructure services in more than 120 FTAs, as well as surveying recent case law of the WTO, the Court of Justice of the European Union, and the practice of the European Commission, the book shows how the economic integration of financial market infrastructure occurs. An essential read for those seeking to understand how the cutting-edge regulation of financial market infrastructure and transnational systems of economic integration interact with one another.

A new approach to financial regulation

Author : Great Britain. Treasury
Publisher : The Stationery Office
ISBN 13 : 9780101787420
Total Pages : 76 pages
Book Rating : 4.7/5 (874 download)

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Book Synopsis A new approach to financial regulation by : Great Britain. Treasury

Download or read book A new approach to financial regulation written by Great Britain. Treasury and published by The Stationery Office. This book was released on 2010-07-26 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: This document outlines the Government's programme of reform to renew the UK's system of financial regulation. It believes that weaknesses were inherent in the tripartite approach whereby three authorities - the Bank of England, the Financial Services Authority and the Treasury - were collectively responsible for financial stability. The Government will create a new Financial Policy Committee (FPC) in the Bank of England with primary statutory duty to maintain financial stability. The FPC will be given control of macro-prudential tools to ensure that systemic risks to financial stability are dealt with. This macro-prudential regulation must be co-ordinated with the prudential regulation of individual firms. Operational responsibility for prudential regulation will transfer from the FSA to a new subsidiary of the Bank of England, the Prudential Regulation Authority. The third development is the creation of a dedicated Consumer Protection and Markets Authority (CPMA) with a primary statutory responsibility to promote confidence in financial services and markets. Protection of consumers will be delivered though a strong consumer division within CPMA. The document also covers: the issue of market regulation; co-ordination of the regulatory bodies in a potential crisis; the next steps, including public consultation, legislative passage and operational implementation. The Government will, after considering responses, produce more detailed proposals - including draft legislation - for further consultation in early 2011, with a view to having legislation on the statute book within two years.

Market, Regulations and Finance

Author : Ratan Khasnabis
Publisher : Springer Science & Business Media
ISBN 13 : 8132217950
Total Pages : 260 pages
Book Rating : 4.1/5 (322 download)

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Book Synopsis Market, Regulations and Finance by : Ratan Khasnabis

Download or read book Market, Regulations and Finance written by Ratan Khasnabis and published by Springer Science & Business Media. This book was released on 2014-03-18 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume’s primary contribution to the field of Economics is that it addresses the issue of inter-linkages between money, finance and macroeconomics with a broad analytical perspective that has commonality with the Post-Keynesians. In an attempt to assess the consequences of economic reforms and the fallout of the global financial crisis on India and the world around, the book argues that with the onset of the crisis, as in most advanced economies, debates and discussions in India have been concerned with three main issues: monetary policy and asset prices, financial stability, and macro-prudential regulation. Three related issues which are also considered important in the Indian context are – rule vs. principle-based supervision, integrated financial supervision, and regulatory and supervisory independence. The book argues that the crisis highlighted the inadequacies of macro-prudential regulatory structure which mainly addresses idiosyncratic risks specific to individual financial institutions. The crisis precipitated an extensive debate on the role of national regulatory and supervisory authorities in crisis prevention and crisis management via macro-prudential regulations which involves a general equilibrium approach to regulation aiming at safeguarding the financial system as a whole. The book then argues that the crisis led to a paradigm shift in macroeconomic theory and policy. This shift has been categorized into four specific areas: monetary policy, financial regulation, corporate governance, and globalization. The book analyses how the characteristics of each of these four categories have changed from the pre-crisis to the post-crisis situation. The book also delves into the phenomenon of rising global commodity prices post-crisis. The book also deals with an analysis of the impact of this crisis on employment in the US economy, by simulating a macroeconomic model developed by the Cambridge Department of Applied Economics in the 1980s.

The Failure of Financial Regulation

Author : Anil Hira
Publisher : Springer
ISBN 13 : 3030056805
Total Pages : 252 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Failure of Financial Regulation by : Anil Hira

Download or read book The Failure of Financial Regulation written by Anil Hira and published by Springer. This book was released on 2019-04-16 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: “This publication could not be more timely. Little more than a decade after the global financial crisis of 2008, governments are once again loosening the reins over financial markets. The authors of this volume explain why that is a mistake and could invite yet another major crisis.” —Benjamin Cohen, University of California, Santa Barbara, USA “Leading political scientists from several generations here offer historical depth, as well as sensible suggestions about what reforms are needed now.” —John Kirton, University of Toronto, Canada, and Co-founder of the G7 Research Group “A valuable antidote to complacency for policy-makers, scholars and students.” —Timothy J. Sinclair, University of Warwick, UK This book examines the long-term, previously underappreciated breakdowns in financial regulation that fed into the 2008 global financial crash. While most related literature focuses on short-term factors such as the housing bubble, low interest rates, the breakdown of credit rating services and the emergence of new financial instruments, the authors of this volume contend that the larger trends in finance which continue today are most relevant to understanding the crash. Their analysis focuses on regulatory capture, moral hazard and the reflexive challenges of regulatory intervention in order to demonstrate that financial regulation suffers from long-standing, unaddressed and fundamental weaknesses.