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Academic

: Conglomerate

Miscellany

By Gordon Smith, Christine, Hurt, Vic Fleischer, Fred Tung, Lisa Fairfax, David Zaring

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  • The Epircurean Dealmaker explains why it is okay for investment bankers to use confusing math when selling structured products.
  • Economics of Contempt is well worth adding to your RSS feed, if you do that sort of thing.  Occasional meaty critiques of regulatory reform, here's a take on the effort to define a  "Major Swaps Participant" who will be subject to the new derivatives regulations in Dodd-Frank (clearinghouses, etc).
  • In the self-promotion (?) department, Richard Pierce has a thoughtful critique of my article on Reasonable Agencies, where I argue that administrative law ought to be conducted through reasonableness review:
    • I continue to find Zaring?s proposed change in doctrine compelling, but it would have to be restated in a longer form to be susceptible to judicial application. Thus, courts might replace the six doctrines they now use with the following single doctrine?a court will uphold an agency action if the agency explains adequately why the action is consistent with the statute it is implementing and why it is supported by the available evidence relevant to the action. 

Full post as published by Conglomerate on February 06, 2011 (boomark / email).

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