Resolution Authorities: April 2010 Archives

Why Financial Reform May Just Work

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by Matthew Richardson and Nouriel Roubini

The economy is in ruins. Unemployment is at levels not seen in decades. The public seethes. Congressional hearings call for the heads of bankers. Bankers lobby behind the scenes. Politicians fight over the seeming minutiae of regulatory reform.

The year might sound like 2010, but it was actually 1933.

As President Obama visits the city that was at the core of the crisis - and the city that is key to our revival - history can teach us a valuable lesson. Namely: In the wake of a massive shock to the system, stronger rules of the road for large institutions are a prerequisite for sustained recovery.


Read the full opinion editorial at NYDailyNews.com

Some Contingencies for Contingent Capital

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A number of academics and policy makers have favored the forced debt-for-equity conversion bonds or contingent capital. With any regulation, the key is to know strengths and weaknesses. The strengths of contingent capital have been mentioned a number of times here and there (for most recent FT article, see http://www.ft.com/cms/s/0/0310ebf4-4342-11df-9046-00144feab49a.html). Here, I outline some contingencies for contingent capital that regulators must keep in mind.

Prisoners of Our Own Device

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by Barry Adler

The Dodd bill, just released by the Senate Banking Committee, would impose extensive new restrictions on the provision of financial services in the United States. These restrictions represent a fair price to pay for institutions that desire government backing, but they may prove insufficiently effective and unnecessarily stifling to companies that would prefer to go without government support.

To illustrate this point, consider what has come to be known as the Hotel California Provision, under which bank holding companies that have received TARP funds would be unable to avoid Federal Reserve supervision even if they eliminated their banks.  In the words of the iconic pop lyrics: "You can check out any time you like, but you can never leave."

In an April 7th, Wall Street Journal Opinion piece, authors Peter Wallison and David Skeel argue that the current version of the Senate bill should be opposed because "the simplest and clearest (reason) is that the FDIC is completely unequipped by experience to handle the failure of a giant nonbank financial institution." (see the full article in the Wall Street Journal.)

About RegulatingWallStreet.com

The Dodd-Frank Act, signed into law in July 2010, represented the most significant and controversial overhaul of the U.S. financial regulatory system since the Great Depression. Forty NYU Stern faculty, including editors Viral V. Acharya, Thomas F. Cooley, Matthew P. Richardson, and Ingo Walter, provide a definitive analysis of the Act, expose key flaws and propose solutions to inform the rules’ adoption by regulators, in a new book, Regulating Wall Street: The Dodd-Frank Act and the New Architecture of Global Finance (Wiley, November 2010).

About Restoring Financial Stability

Previously, many of these faculty developed 18 independent policy papers offering market-focused solutions to the financial crisis, which were published in a book, Restoring Financial Stability: How to Repair a Failed System (Wiley, March 2009).

About the Authors