Home -> Law Blog Directory -> Federal Judiciary Blogs -> Bench Memos - National Review Online
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Federal Judiciary
: Bench Memos - National Review OnlineThinking Bigger on Financial Reform -- By: Duncan Currie
In a recent article, I discussed three financial-reform ideas that Republicans should champion: (1) the one-page mortgage form designed by American Enterprise Institute scholar Alex Pollock; (2) the sweeping overhaul of government housing giants Fannie Mae and Freddie Mac sponsored by Rep. Jeb Hensarling (R., Texas); and (3) the innovative risk-mitigation strategy conceived by economists Oliver Hart of Harvard and Luigi Zingales of the University of Chicago, who recommend implementing new capital requirements along with a market-based trigger mechanism linked to credit-default swaps. While none of these specific proposals can be found in the legislative blueprint released by Senate Republicans last week, the GOP plan would impose tougher controls on Fannie and Freddie, and would compel the Federal Reserve to introduce new contingent-capital rules. It would also establish, among other things, a new resolution authority with strict bans on creditor bailouts; tighter limits on the Fed?s emergency lending powers; a three-person Council for Consumer Financial Protection, made up of the chief of the Federal Deposit Insurance Corporation, the comptroller of the currency, and the Fed chairman; a Council of Financial Regulators to monitor market stability and address risks or crises; a more transparent regulatory framework for over-the-counter derivatives; new underwriting standards for residential mortgages; and a new organizational structure at the Securities and Exchange Commission. On some issues, the broad strokes of the Republican plan are similar to those of Sen. Chris Dodd?s vaunted financial-reform bill, though the details differ significantly. The Dodd bill moved a step closer to passage last week, after the Connecticut Democrat promised to adjust certain language and Republicans ended their filibuster of a procedural motion. As the debate continues, here are four more ideas the GOP should advocate robustly -- or at least inject into the conversation. This idea is well worth adopting. But CRA reform should go much further. The root problem, says Council on Foreign Relations economist Benn Steil, is that the agencies have effectively become ?gatekeepers to the capital markets,? which ?gives them enormous power.? Their exalted status is the product of federal laws and rules that should be revamped. Indeed, Steil urges a wholesale deregulation of the CRAs. This would depoliticize them, nullify their role as gatekeepers, and promote a more competitive credit-rating environment. It would be ?a long process,? says Steil, and should be initiated as soon as possible. (2) Mandating ?living wills.? There is no question that some large financial institutions (such as Citigroup) have become so mind-bogglingly complex that nobody can explain precisely how they would be dismantled in the event of a crisis. The Dodd bill would preemptively require big firms to submit a ?living will,? otherwise known as a wind-down plan or a ?funeral plan.? This ?would be extraordinarily helpful,? says Steil. Stanford economist John Taylor agrees, and suggests adding a living-will provision to the federal bankruptcy code. Wind-down plans would constitute a roadmap for sensible regulatory intervention and reduce the threat of knee-jerk bailouts. They are an essential element of any Wall Street reform legislation, as Republicans have acknowledged: The GOP alternative to the Dodd bill would obligate the new Council of Financial Regulators to ?study the use of . . . living wills and provide those studies to the Federal Reserve so that they can be used to develop new rules.? (3) Measuring systemic risk. It is profoundly difficult to identify which firms are systemically important, partly because the entire notion of ?systemic risk? is quite subjective. In early September 2008, many experts did not believe Lehman Brothers was systemically significant. (Those experts were not necessarily wrong: What made Lehman?s demise so cataclysmic was the widespread expectation -- fostered by decades of government-backed rescue packages -- that (4) Fixing tax distortions. As Steil notes, Of course, financial institutions that benefit from the current arrangement would lobby against changing it. But if federal lawmakers are serious about tackling the causes of high leverage ratios, they must address the distorting impact of our corporate-tax regime. -- Duncan Currie is deputy managing editor of National Review Online.
(1) Improving the credit-rating agencies (CRAs). Commentators left and right have blasted the CRAs for botching their job prior to the housing crash. But how should we seek to fix them?
Full post as published by Bench Memos - National Review Online on May 04, 2010 (boomark / email).
Texas, USA
alleging the Medical Malpractice and Tort Reform Act of 2003 violates several provisions of the Constitution.
Financial Elder Abuse - Financial Exploitation, Elder Abuse Lawyers
Financial Elder Abuse alleging seniors are taken advantage of for their finances.
Frank Bluestein, The Maximum Financial Group, Inc., Questar Capital Corporation, and Gunnallen Financial, Inc.
alleging schemed investors out of hundreds of millions of dollars.
Meta Financial Group, Inc CASH Securities Fraud
Meta Financial Group, Inc CASH
Meta Financial Group, Inc 401(k) / ERISA Stock Fraud
Meta Financial Group, Inc 401(k) / ERISA Stock Fraud
Regions Financial Corporation 401(k) / ERISA Stock Fraud
Regions Financial Corporation 401(k) / ERISA Stock Fraud

Quint on Currie on the German Constitution
Americans for Financial Reform and the Showdown in Chicago
No More Duncan Instruction in Canada (so why say it)
How Patent Reform is like a Sombrero
Black Gold Billionaire Dies in 2010, Benefiting from Federal Estate Tax Repeal









