The Texas Tech University School of Law Digital Repository

Bringing to Heel the Elephants in the Economy: The Case for Ending 'Too Big to Fail'

Show full item record

Preview:
Title: Bringing to Heel the Elephants in the Economy: The Case for Ending 'Too Big to Fail'
Author: Graham, Ann
Abstract: Financial institutions labeled Too Big To Fail (TBTF) are those whose insolvency could shake the foundations of our economy. This paper presents a history of the government bailout doctrine which has become a blank check for economic giants. Eight recent examples of the doctrine’s invocation are compared with three recent examples of government refusal to follow TBTF. Nineteen financial conglomerates that recently participated in “stress testing” can easily be identified as eligible for TBTF. Recognizing the cost of TBTF, reviewing the FDICIA fix in federal legislation that did not fix the problem of TBTF, analyzing the role of systemic risk and economic bubbles in TBTF, reconsidering the desirability of financial industry consolidation, and recommending steps to address the moral hazard issues arising from market expectations regarding TBTF lead to the conclusion that with vision and resolve, Congress can end TBTF and protect our financial system from key mistakes of the past. This article makes the case for ending TBTF bailouts by reducing the size and interconnectedness of large financial conglomerates. Potential mechanisms to accomplish that end include: (1) Imposing size caps that limit continued expansion of financial conglomerates through internal growth and acquisitions; (2) Ending government-assisted acquisitions that allow the largest institutions to grow even larger – at public expense; (3) Reinstating true fire-walls between banking and commerce; (4) Returning to meaningful anti-trust enforcement; (5) Immediately initiating reform measures such as increased capital for large institutions, subordinated debt requirements that enhance market discipline, enhanced systemic risk monitoring and regulation, and better advance planning for liquidating large complex financial institutions; and (6) As a longer term measure, commissioning a carefully researched report on how to most effectively divide the existing conglomerates into manageable component parts that will no longer be Too Big To Fail. Ending TBTF will be no easy task. Yet, the costs of doing nothing to address the problem have proven to be devastating.
URI: http://hdl.handle.net/10601/1303
Related Resources: Click to follow SSRN link Click to follow Hein Online link Click to follow Westlaw link
Date: 2009

Files in this item

Files Size Format View
Bringing to Heel the Elephants.pdf 449.4Kb PDF View/Open

This item appears in the following Collection(s)

Show full item record

Search ScHOLAR

Browse

My Account