Jeff Lacker of Richmond Fed has an excellent speech on fin regulation
In 1993, my predecessor Al Broaddus gave a speech entitled “Choices in Banking Policy,” in which he outlined the tradeoffs between reliance on market forces to align banks’ incentives and reliance on regulation and supervision to constrain banks’ risk taking. I intend to take up this subject again today in the light of recent events; but as always, the views expressed are my own, and are not the official views of the Federal Reserve System.
Broaddus’s speech came just a few years after another major U.S. financial crisis, and though the environment was very different, the tradeoffs he identified are just as relevant today as we consider reforming our regulatory structure. The more we rely on government guarantees of private-sector financial liabilities as our main defense against financial market disruption, the more we must regulate private risk management to offset the adverse incentive effects of that safety net. But by the same token, meaningful market discipline requires a credible government commitment to not shield private counterparties of large financial intermediaries from credit losses.
He favors market discipline to more regulation. His idea is we need to have a credible pre specified framework on which institutions we would save and which ones we would not. And then let markets discipline the firms . By expanding the government nets, the problem only gets worse as it has in this crisis. People’s risk taking best simply rises.
He points to a paper he had done with Mervin Goodfreind in 1999 which said:
We noted that central banks’ implied responsibility for financial stability “can create pressure to expand the scope of central bank lending to nonbank financial institutions.” We predicted “a tendency for central banks to overextend lending,” and an increase in the rate of financial distress over time “as market participants come to understand the range of the central bank’s actual (implicit) commitment to lend.”
This has indeed come true. He also does not like the Obama plan for a resolution authority for big fin firms:
The description of this proposed resolution authority leaves it unclear how it would establish such a credible commitment. The proposal involves two distinct features. One is to provide for an alternative to the provisions of bankruptcy law as a resolution mechanism for a large financial firm with many creditors. I would not be surprised if a close look at the bankruptcy code in light of recent events reveals worthwhile improvement opportunities. But the proposed resolution authority would be distinct from established bankruptcy mechanisms. In addition, it would have the discretion to use public funds to shield creditors from losses, a feature that I believe will severely limit the benefit from reforming the resolution process. A widespread belief that public funds will soften the blow to private creditors would weaken market discipline and further complicate the task of regulators. Moreover, uncertainty about whether such an authority will intervene to supersede the provisions of bankruptcy law and which creditors will benefit from public funds is likely to intensify financial market turmoil in the event stresses arise.
Plenty of food for thought by Lacker. Read on….






