The derivatives market's payment priorities as financial crisis accelerator
MJ Roe - Stan. L. Rev., 2010 - HeinOnline
The AIG, Bear Steams, and Lehman Brothers failures were at the heart of the 2008-2009
financial crisis and economic downturn. Some said their failures sparked a financial panic …
financial crisis and economic downturn. Some said their failures sparked a financial panic …
Risk-based student loans
M Simkovic - Wash. & Lee L. Rev., 2013 - HeinOnline
Credit markets serve a vital function in capitalist economies: evaluating the riskiness of a
range of possible investments and channeling resources toward those investments that …
range of possible investments and channeling resources toward those investments that …
Turning a blind eye: Why Washington keeps giving in to Wall Street
AE Wilmarth Jr - U. cin. l. rev., 2012 - HeinOnline
Almost three years have gone by since Congress passed the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Dodd-Frank) 6 in July 2010, but Dodd-Frank's reform …
Reform and Consumer Protection Act (Dodd-Frank) 6 in July 2010, but Dodd-Frank's reform …
Clearinghouse overconfidence
MJ Roe - Calif. L. Rev., 2013 - HeinOnline
Regulatory reaction to the 2008-2009 financial crisis focused on complex financial
instruments that deepened the crisis. A consensus emerged that these risky financial …
instruments that deepened the crisis. A consensus emerged that these risky financial …
Regulating financial change: a functional approach
SL Schwarcz - Minn. L. Rev., 2015 - HeinOnline
INTRODUCTION Most regulatory reform after the 2008-09 global financial crisis (the
financial crisis) represents politically motivated reactions to that crisis, often looking for …
financial crisis) represents politically motivated reactions to that crisis, often looking for …
The bankruptcy-law safe harbor for derivatives: A path-dependence analysis
SL Schwarcz, O Sharon - Wash. & lee l. Rev., 2014 - HeinOnline
US bankruptcy law grants special rights and immunities to creditors in derivatives
transactions, including virtually unlimited enforcement rights. This Article argues that these …
transactions, including virtually unlimited enforcement rights. This Article argues that these …
Clearinghouses as liquidity partitioning
R Squire - Cornell L. Rev., 2013 - HeinOnline
Bankruptcy misallocates cash during a financial crisis. When a firm files for bankruptcy, cash
becomes trapped in its bankruptcy estate, often for years. Meanwhile, payments to the firm's …
becomes trapped in its bankruptcy estate, often for years. Meanwhile, payments to the firm's …
Public-private relations in a transnational private regulatory regime: ISDA, the state and OTC derivatives market reform
J Biggins, C Scott - European Business Organization Law Review …, 2012 - cambridge.org
It has frequently been claimed that over-the-counter (OTC) derivatives were, by and large,
not directly regulated in the largest markets immediately prior to the global financial crisis …
not directly regulated in the largest markets immediately prior to the global financial crisis …
Central clearing of financial contracts: Theory and regulatory implications
SL Schwarcz - U. Pa. L. Rev., 2018 - HeinOnline
Since the global financial crisis of 2007-2009 (the" financial crisis"), an increasing number of
countries, including the United States, have been requiring most derivatives contracts to be …
countries, including the United States, have been requiring most derivatives contracts to be …
Rolling back the repo safe harbors
ER Morrison, MJ Roe, CS Sontchi - Bus. Law., 2013 - HeinOnline
Special rules exempt an increasingly wide arc of creditors from the normal operation of
bankruptcy. These so-called" safe harbors" exempt the bankrupt debtor's financial-contract …
bankruptcy. These so-called" safe harbors" exempt the bankrupt debtor's financial-contract …