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Financial Regulation

Regulating Nonbanks along a Continuum: A Case for SIFI “Lite”

Christina Skinner

The current debate over the future of the Financial Stability Oversight Council (and specifically, its SIFI designation power) is missing an important point. The question should not be whether the...

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Financial Regulation

ICYMI: Indian Draft Financial Resolution and Deposit Insurance Bill (2016)

Shohini Shengupta | Joyjayanti Chatterjee

The first draft of the Financial Resolution and Deposit Insurance Bill (2016) ('Bill') was released by the Ministry of Finance of the Indian Government on 28th September, 2016. Along with the draft...

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Financial Regulation

Does the MetLife decision change the way US regulators should be thinking about systemic risk? Should UK regulators, post-Brexit, be reconsidering their systemic risk regulatory regime as well?

Cristie Ford

A bit of comparative analysis, like this, might help us think about these questions. Across the EU, the US and (at least until the impact of Brexit is felt) the UK, we see varying degrees of...

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Financial Regulation

On the Constitutionality of Systemic Risk Regulation

Robert Hockett

The near-meltdown of the US financial system in 2008-09 brought to light at least four critical truths that had gone insufficiently appreciated during that system’s rapid evolution over the late...

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Commercial Law
Corporate Finance
Corporate Governance

Corporate Governance for a Bondholder Financed, Systemically Risky World

Steven L. Schwarcz

In Rethinking Corporate Governance for a Bondholder Financed, Systemically Risky World, available here, I argue that including bondholders in the governance of systemically important firms not only...

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Financial Regulation

MetLife Defeats FSOC's “SIFI” Designation

Katrien Morbee, Balliol College | Thom Wetzer, Faculty of Law

U.S. District Judge Rosemary Collyer has struck down the Financial Stability Oversight Council’s (FSOC) designation of the insurer MetLife Inc. as a systemically important financial institution (SIFI...

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Commercial Law
Financial Regulation

Beyond The Search for Certainty: Addressing The Cross-Border Resolution Gap

Irit Mevorach

In this paper, I compare the development of cross-border solutions for multinational default of commercial entities to those solutions available for financial institutions, and argue for the...

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