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Reframing Financial Regulation

Author

Listed:
  • Whitehead, Charles

    () (Cornell Law School)

Abstract

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 and transferred. In this Article, I begin to assess the current U.S. approach to financial regulation, in light of recent changes in the financial system, and offer a tentative way to address gaps in proposals for regulatory reform. Regulators must focus on the principal problems that financial regulation is intended to address – relating to financial stability and risk-taking – without regard to fixed categories, intermediaries, business models, or functions. Doing so, however, requires a prospective assessment of the markets, a different approach from the reactive process that characterizes much of financial regulation today. This is an abridged version of an article first published in the Boston University Law Review, 2010. The complete article (including footnotes) can be found on-line at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1447424.

Suggested Citation

  • Whitehead, Charles, 2010. "Reframing Financial Regulation," Journal of Financial Transformation, Capco Institute, vol. 29, pages 57-69.
  • Handle: RePEc:ris:jofitr:1427
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    Cited by:

    1. Thierry Warin & Robert E. Prasch, 2013. "Systemic Risk in the Financial Industry: Mimetism for the Best and for the Worst," CIRANO Working Papers 2013s-29, CIRANO.

    More about this item

    Keywords

    financial regulation; bank regulation; financial reform; financial risk; financial intermediation; systemic risk; Dodd-Frank;

    JEL classification:

    • G01 - Financial Economics - - General - - - Financial Crises
    • G18 - Financial Economics - - General Financial Markets - - - Government Policy and Regulation
    • G21 - Financial Economics - - Financial Institutions and Services - - - Banks; Other Depository Institutions; Micro Finance Institutions; Mortgages
    • G24 - Financial Economics - - Financial Institutions and Services - - - Investment Banking; Venture Capital; Brokerage
    • G28 - Financial Economics - - Financial Institutions and Services - - - Government Policy and Regulation
    • G32 - Financial Economics - - Corporate Finance and Governance - - - Financing Policy; Financial Risk and Risk Management; Capital and Ownership Structure; Value of Firms; Goodwill
    • G38 - Financial Economics - - Corporate Finance and Governance - - - Government Policy and Regulation

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