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Cato Podcast

Wasting a Crisis: Why Securities Regulation Fails

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 20 May 2015

⏱️ 22 minutes

🧾️ Download transcript

Summary

The recent financial crisis led to sweeping reforms that inspired countless references to the New Deal. But were such reforms (then and now) justified? Paul Mahoney discusses his new book, Wasting a Crisis: Why Securities Regulation Fails.

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Transcript

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0:00.0

This is the Cato Daily Podcast for Wednesday, May 20th, 2015.

0:05.0

I'm Caleb Brown.

0:06.0

The Dodd-Frank Financial Reform was comparable in scale and scope to the New Deal.

0:10.0

It also shares in the assumption that financial crisis is often caused primarily by market

0:14.6

participants.

0:15.6

Paul Mahoney is the dean of the Virginia School of Law in his new book, Wasting a Crisis.

0:20.1

Mahoney outlines how many government actors deflect blame for fomenting crisis.

0:25.0

He discussed the book of the Cato Institute last week.

0:28.0

So most major securities reforms in the United States and indeed elsewhere share two important characteristics.

0:35.0

They're typically adopted in the aftermath of a stock market crash.

0:39.0

And they're also publicly justified by what I in the book call a market failure narrative, which

0:47.3

contains three key claims. First, that misbehavior by securities, issuers, traders, or financial intermediaries caused the crash.

0:57.5

Second, that a lack of regulation permitted the misbehavior, and third, that the reforms will prevent a repetition of the problem.

1:06.2

The key claims in my book are that these narratives are usually wrong, and the resulting reforms

1:12.2

typically curtail competition within the most

1:14.9

directly affected segments of the regulated industry with modest

1:19.6

offsetting benefits to investors. Accordingly, Congress and regulators in the future should avoid the temptation to overhaul

1:28.0

financial regulation in the immediate aftermath of a crisis.

1:32.9

I try to illustrate these points with multiple examples

1:36.7

starting with the first significant securities

1:39.9

regulatory statute in England

1:42.3

enacted in 1697 after the 1696 run on the Bank of England,

...

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