DODD FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT

Similar documents
China s Foreign Policy Challenges and Prospects

State Capitalism in Eurasia

TRADE POLICY IN ASIA Higher Education and Media Services

Politics, Policy, and Organizations

Hegemony and Global Citizenship

Also by Lawrence Quill. LIBERTY AFTER LIBERALISM Civic Republicanism in a Global Age

Politics, Culture and Identities in East Asia Integration and Division

Ethics and Cultural Policy in a Global Economy

Litigating in Federal Court

High Crimes and Misdemeanors in Presidential Impeachment

Previous books by author

Reinventing Indonesia Downloaded from by on 11/18/17. For personal use only.

The Struggle Against Corruption

Challenges for Europe

Corruption and Money Laundering

Women Representatives in Britain, France, and the United States

New Directions in Thomas Paine Studies

Military Executions during World War I

Economics and Ethics

Political Traditions and UK Politics

The Political Economy of Globalization

Youth, Multiculturalism and Community Cohesion

Translating Agency Reform

The Migration and Settlement of Refugees in Britain

Women Political Leaders

Ireland: The Politics of Independence,

Reflexivity and Development Economics

Congressional Communication

Globalization, Export-oriented Employment and Social Policy

Defending the American Presidency

Sex Worker Union Organising

Marxism, the Millennium and Beyond

Football Hooliganism in Europe

General Editors: Paul Collier and Jan Willem Gunning Published in association with the Centre for the Study of African Economies, University of Oxford

PATERNALISM. christian coons is Assistant Professor of Philosophy at Bowling Green State University.

Corporate Social Responsibility and the Shaping of Global Public Policy

A History of Alternative Dispute Resolution

French Politics, Society and Culture Series

A CONTEMPORARY APPROACH TO RACE, CLASS, AND GENDER

Foreign Policy and the French Revolution

Morality Politics in Western Europe

Designing US Economic Policy

The Political Economy of Exchange Rate Policy-Making

Dramatizing the Political: Deleuze and Guattari

The Economic Dimensions of Crime

Terrorist Financing and Resourcing

Published by Palgrave Macmillan

New Perspectives in German Studies

The Making of Democrats

Social Structure and Party Choice in Western Europe

European Union and NATO Expansion

Fraud, Corruption and Sport

Assessing APEC s Progress

Language and Power in Court

Work rich, work poor. Inequality and ecomomic change in Australia

INTERNATIONAL SANCTIONS IN CONTEMPORARY PERSPECTIVE

The Impact of Regulatory Law on American Criminal Justice

The Anthropology of Elites

Social Welfare Development in East Asia

Theories of Democratic Network Governance

Private Property and the Constitution

The Evolving American Presidency Series

Representation and Community in Western Democracies

DOI: / Political Branding Strategies

Suku in Modern China. Social Suffering and Political Confession Downloaded from

Marxism and the State

Security, Citizenship and Human Rights

Universal Difference. Feminism and the Liberal Undecidability of 'Women' Kate Nash Lecturer in Sociology University of East Anglia Norwich

The World Views of the US Presidential Election

BRITISH GENERAL ELECTION MANIFESTOS

Agriculture and Politics in England,

Self-Financed Candidates in Congressional Elections

The Politics of Sociability

the state of economic and social human rights

Politicians and Rhetoric

REFUGEES, CITIZENSHIP AND SOCIAL POLICY IN EUROPE

Non-Governmental Public Action

Authoritarianism in the Middle East

When the Stakes Are High

Also by Paul McLaughlin

Economic Liberalisation, Social Capital and Islamic Welfare Provision

The Power-Conflict Story

PARLIAMENTARY ACCOUNTABILITY

Global Financial Crisis: The Ethical Issues

THE POVERTY OF NATIONS

THE WTO DISPUTE SETTLEMENT PROCEDURES

T HE R OYAL M INORITIES OF M EDIEVAL AND E ARLY M ODERN E NGLAND

Directness and Indirectness Across Cultures

Democracy Promotion and Foreign Policy

Women and the Economy

The New Governance of the English Regions

Globalization and Educational Restructuring in the Asia Pacific Region

International Business and Political Economy

Political Theory and Social Science

Torture and the Military Profession

THE COSMOPOLITAN FIRST AMENDMENT

The Political Economy of China s Systemic Transformation

Reforming Ideas in Britain

Choosing a Leader. Party Leadership Contests in Britain from Macmillan to Blair. Leonard P. Stark

chapter title Poverty and Social Assistance in Transition Countries

Transcription:

DODD FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT Purpose, Critique, Implementation Status and Policy Issues

World Scientific Now Publishers Series in Business ISSN: 2251-3442 Vol. 1 Games and Dynamic Games by Alain Haurie, Jacek B. Krawczyk and Georges Zaccour Vol. 2 Dodd Frank Wall Street Reform and Consumer Protection Act: Purpose, Critique, Implementation Status and Policy Issues edited by Douglas D. Evanoff and William F. Moeller Vol. 3 The History of Marketing Science edited by Russell S. Winer and Scott A. Neslin

World Scientific Now Publishers Series in Business: Vol. 2 Douglas D Evanoff William F Moeller Federal Reserve Bank of Chicago, USA World Scientific

Published by World Scientific Publishing Co. Pte. Ltd. 5 Toh Tuck Link, Singapore 596224 USA office: 27 Warren Street, Suite 401-402, Hackensack, NJ 07601 UK office: 57 Shelton Street, Covent Garden, London WC2H 9HE and now publishers Inc. PO Box 1024 Hanover, MA 02339 USA Library of Congress Cataloging-in-Publication Data Dodd Frank Wall Street reform and consumer protection act: purpose, critique, implementation status and policy issues / [edited] by Douglas D. Evanoff and William F. Moeller (Federal Reserve Bank of Chicago, USA). pages cm. -- (World scientific-now publishers series in business, ISSN 2251-3442 ; volume 2) Includes bibliographical references and index. ISBN 978-9814590037 (alk. paper) 1. United States. Dodd-Frank Wall Street Reform and Consumer Protection Act 2. Financial institutions--law and legislation--united States. 3. Financial services industry--law and legislation--united States. 4. Consumer protection--law and legislation--united States. I. Evanoff, Douglas Darrell, 1951 editor of compilation. II. Moeller, William F., editor of compilation. KF969.58201.A2 2014 346.73'082--dc23 2014004396 British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. Cover Illustration by Robert Dlotkowski Copyright 2014 by Douglas D. Evanoff and William F. Moeller All rights reserved. In-House Editors: Sutha Surenddar/Philly Lim Typeset by Stallion Press Email: enquiries@stallionpress.com Printed in Singapore

Dedications This collection is dedicated to the women in my family who have put up with my musings/reflections/arguments about my work and profession throughout the years. They have provided support in my research efforts, and in life more generally. That would include: Mary Ann, Rachel, Kathryn and Othia. Doug This work is dedicated to my mom, Kitty, dad, Bill, and all of my grandparents for the unrelenting support and encouragement throughout my life; to my brother, Carl, and sister, Kathryn, for keeping me on my toes; to my nephew Finley for bringing the joy out of any situation; and to my girlfriend Marnie for making me smile during these busy few years. Will

This page intentionally left blank

Preface The Dodd Frank Wall Street Reform and Consumer Protection Act (Dodd Frank) was signed into law on July 21, 2010 following the financial crisis and the onset of the Great Recession. It introduced significant regulatory reform aimed at protecting consumers, investors and taxpayers. Most agree that it will have farreaching implications for how financial services firms will conduct business in the future. The act has been praised for positioning the financial industry to support the U.S. economy in a more stable manner than seen in the past. It has also been criticized for being unnecessary (since many of the new regulations could arguably have been enforced in the pre-dodd Frank environment) and excessively burdensome without really addressing the issues that generated the financial crisis of the 2000s. The new regulation requires significant effort from regulators. For example, the act requires the development and implementation of some 398 new regulatory rules, various mandated studies, and the need to introduce a number of new bureaus, offices and councils with responsibility to study, evaluate, and promote consumer protection and financial stability. Additionally, and perhaps most challenging, there is a mandate for regulators to identify and increase regulatory scrutiny of systemically important institutions and introduce new macroprudential regulations aimed at increased financial market stability. Three plus years into the implementation of the act, much has been done, but much remains to be done. It continues to be a work in progress. This volume serves as a practitioner s guide to recent financial regulatory reform. What are thought to be some of the more important aspects of the Dodd Frank Act are discussed in a non-technical manner and from a number of perspectives: including that of industry scholars who have been actively involved in evaluating financial regulation, regulators who are responsible for implementing the reform, financial policy experts representing think tanks and banking trade associations, congressmen and congressional staff involved with developing the vii

viii Preface legislation, and legal scholars. The purpose of this volume is to summarize and critique the act, evaluate how the act is being implemented and how the implementation process is progressing, and discuss modifications that, in the views of the authors, might be needed to more effectively achieve the stated goals of the legislation. Versions of some of the articles in this volume were previously published and credit for the original publications is provided in each article. The editors thank the various agencies and publications for allowing the works to be reproduced in this volume. They particularly thank the Federal Reserve Bank of Chicago for allowing articles from its Economic Perspectives and various Proceedings of a Conference on Bank Structure and Competition to be reprinted. Representatives from the FDIC were also most cooperative and made a significant contribution to the volume. As an aside, the articles included often come from very different sources scholarly finance and economic journals, speeches, legal journals, congressional committee reports, and regulatory agency releases describing how new regulations are to be implemented and, as a result, differ significantly in style. This results in some inconsistencies in reference listings and footnote formats across the various reprinted sources. Nevertheless, we willingly accept these inconsistencies as the articles included seem to be the relevant pieces to achieve the goals of the volume. Finally, the editors thank the individual authors for taking the time to address the issues and being willing to share their views. They would also like to thank colleagues at the Chicago Federal Reserve for numerous discussions about the act; Rita Molloy and Han Choi for editorial assistance; Ella Dukes, Sue Parren and Pam Suarez for helping with formatting issues; Bob Dlotkowski for developing the cover design; and Zac Rolnik from now publishers Inc. for being flexible and helpful in bringing this publication to fruition. The views expressed in this volume should be recognized as those of the authors and may not reflect the views of the Federal Reserve Bank of Chicago, the Federal Reserve System, or the organizations with which the individual authors are affiliated.

Dedications Preface Contents PART I Introduction and Summary of The Act 1 Chapter 1 The Dodd Frank Act: An Overview 3 Douglas D. Evanoff and William F. Moeller PART II Critical Assessment of the Act 31 Chapter 2 Regulating Wall Street: The Dodd Frank Act 33 Matthew Richardson PART III Financial Stability via Regulation 57 Chapter 3 Financial Stability Regulation 59 Daniel K. Tarullo Chapter 4 Implementing Dodd Frank: Identifying and Mitigating Systemic Risk 83 Mark Van Der Weide Chapter 5 Implementing the Dodd Frank Act: Progress to Date and Recommendations for the Future 93 Scott D. O Malia Chapter 6 Dodd Frank Act Implementation: Well Into It and No Further Ahead 101 Wayne A. Abernathy v vii ix

x Contents PART IV Financial Stability via Efficient Failure Resolution 111 Chapter 7 We Must Resolve to End Too-Big-To-Fail 113 Sheila C. Bair Chapter 8 The Orderly Liquidation of Lehman Brothers Holdings Inc. Under the Dodd Frank Act 123 Federal Deposit Insurance Corporation Chapter 9 Implementing Dodd Frank: Orderly Resolution 159 Martin J. Gruenberg Chapter 10 Resolving Globally Active, Systemically Important Financial Institutions 167 Federal Deposit Insurance Corporation and the Bank of England PART V An Alternative View: Financial Stability via Bank Breakups 187 Chapter 11 Do SIFIs Have a Future? 189 Thomas M. Hoenig Chapter 12 Ending Taxpayer-Funded Bailouts: Dodd Frank Promises More Than It Can Deliver 197 Richard W. Fisher and Harvey Rosenblum Chapter 13 Solving the Too-Big-To-Fail Problem 219 William C. Dudley PART VI Consumer Protection 233 Chapter 14 Partnering: The Consumer Financial Protection Bureau and State Attorneys General 235 Richard Cordray Chapter 15 Prepared Remarks Before the National Association of Attorneys General 241 Richard Cordray Chapter 16 The Consumer Financial Protection Bureau: The Solution or the Problem? 247 Brenden D. Soucy

Contents xi PART VII Was Dodd Frank Necessary? Needed? 279 Chapter 17 The Financial Crisis and Too-Big-To-Fail 281 Barney Frank and the Minority Staff of the House Financial Services Committee Chapter 18 A Dissent From the Majority Report of the Financial Crisis Inquiry Commission 295 Peter J. Wallison Index 305