Banks and Finance Regulation
Thursday, May 19, 2016
Roberta Romano
Yale University

The Iron Law of Financial Regulation
Abstract
The Iron Law of Financial Regulation is a one-way ratchet of increasingly, complex, opaque, and inapt regulation that follows from the cumulation of regulation implementing crisis-driven legislative directives. After introducing the problematic of the Iron Law due to the interaction of the political economy of crisis-driven legislation in the dynamic environment of financial institutions and markets, with illustrations from the global financial crisis of 2008-09, I will discuss two mechanisms for mitigating the effect of the Iron Law, to get financial regulation back on track: sunsetting crisis-driven legislation and its implementing regulations, that is, time-delimiting the duration of such legislation and regulation to force a legislative reassessment; and facilitating regulatory experimentation, to better inform the quality of regulation.
