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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law
The maintenance of financial stability is a key objective of
monetary policy, but the record of regulators in achieving this has
been lamentable in recent years. This failure has been matched by
an equivalent inability to establish an appropriate theoretical
basis for financial regulation. In this book, the authors
demonstrate how to enhance the theory, modeling and practice of
such regulation. The main determinant of financial instability is
the default of financial institutions. The authors highlight the
importance of the appropriate incorporation of default into
macro-financial models and its interaction with liquidity. Besides
covering the historical development and current stance of financial
regulation, the book includes a number of policy-oriented chapters
revealing how the authors' modeling approach can improve the
process. This authoritative book will serve as a basis for future
work on financial stability management for both academics and
policy makers and provide guidance on how to undertake crisis
prevention and resolution.
Gordon Brown was a past-master at sneaking in new taxes by stealth,
but his efforts as Chancellor and then Prime Minister were merely
the latest in a long line of party leaders desperate to extract
more money from reluctant taxpayers. This book challenges the need
for government to resort to such underhand practices which
undermine the economy, killing the goose which lays the golden
eggs, and the integrity of the political process. The author argues
that not only does taxation flout the principle of private
property, but it 'is a primal cause of both inflation and
unemployment. Regardless of this, the freely elected governments of
contemporary trading economies - with the acquiescence of their
electorates - persist in raising the major part, if not all, of
their revenues by means of taxation. The immediate cause of such
action by governments...is ignorance of any acceptable alternative
method of raising sufficient public revenue.' Burgess shows how the
development of Keynes' general theory of employment 'leads to the
conclusion that an open trading economy is likely to be most
competitive, and therefore most prosperous, only when taxation is
abolished' - but government must be funded. How can this be done
without taxation? To provide an answer he refines Alfred Marshall's
distinction between the public and private value of property to
reveal an alternative, peculiarly public source of revenue. Unlike
a tax, defined by a former Labour Chancellor, Hugh Dalton, as 'a
compulsory contribution imposed by a public authority, irrespective
of the exact amount of service rendered to the taxpayer in return',
the 'public value' identified by Marshall would deliver an exact
equivalence between the benefits enjoyed and the amount paid. On
the basis of this widely accepted definition, therefore, it is not
a tax but the price for services rendered like any other
transaction - the price fixed by the market. The author shows how
reform may be introduced with a minimum of disruption, so that
politicians with an eye to re-election can achieve measurable
results during the lifetime of a parliament.
"The richness, clarity and nuances of the structure and methodology
followed by the contributors make the book a very valuable tool for
students... seeking to obtain a general understanding of the market
and how it is regulated." - Ligia Catherine Arias Barrera, Banking
& Finance Law Review The fully updated edition of this
user-friendly textbook continues to systematise the European law
governing capital markets and examines the underlying concepts from
a broadly interdisciplinary perspective. The 3rd edition deals with
3 central developments: the project of the capital markets union;
sustainable finance; and the further digitalisation of financial
instruments and securities markets. The 1st chapter deals with the
foundations of capital markets law in Europe, the 2nd explains the
basics, and the 3rd examines the regime on market abuse. Chapter 4
explores the disclosure system and chapter 5 short-selling and
high-frequency trading. The role of intermediaries, such as
financial analysts, rating agencies, and proxy advisers, is
described in chapter 6. Chapter 7 explains compliance and corporate
governance in investment firms and chapter 8 illustrates the
regulation of benchmarks. Finally, chapter 9 deals with public
takeovers. Throughout the book emphasis is placed on legal
practice, and frequent reference is made to the key decisions of
supervisory authorities and courts. This is essential reading for
students involved in the study of capital markets law and financial
law.
Law and the Financial System: Securitization and Asset Backed
Securities provides students and practitioners with a comprehensive
source of materials and references for understanding the process
and issues that surround the conversion of illiquid financial
assets into tradable securities. The book begins with an overview
of the financial system and the place of securitization in the
system. The book focuses on the process and law of securitization
and is derived largely from Tamar Frankel's treaties,
Securitization (2nd ed. 2005). The book concludes with a global
view of securitization and an assessment of the impact and future
of securitizing financial assets. The legal text is enhanced with
case studies and simulation exercises that bring context and
practical application to the subject. Study questions covering law,
business and public policy provide students with an opportunity to
discuss and debate areas where answers are complex and often
indeterminate. Simulation exercises enable students to test their
own ideas with their peers using real world examples. The book can
be used as a stand alone course on securitization or as a
supplementary text for courses on financial regulation.
Practitioners will find the book a useful desk reference. This is
the second book co-authored by Mark Fagan and Tamar Frankel. The
first was "Trust and Honesty in the Real World" (2007). About the
authors: Tamar Frankel authored Fiduciary Law (2008), Trust and
Honesty, America's Business Culture at a Crossroad (2006),
Securitization (2d.ed 2006), The Regulation of Money Managers (2d
ed. 2001 with Ann Taylor Schwing), and more than 70 articles. A
long-time member of the Boston University School of Law faculty,
Professor Frankel was a visiting scholar at the Securities and
Exchange Commission and at the Brookings Institution. A native of
Israel, Professor Frankel served in the Israeli Air Force, was an
assistant attorney general for Israel's Ministry of Justice and the
legal advisor of the State of Israel Bonds Organization in Europe.
She practiced in Israel, Boston and Washington, D.C. and is a
member of the Massachusetts Bar, the American Law Institute, and
The American Bar Foundation. Mr. Fagan's research centers on the
role of regulation in competitive markets. He has written about the
impact of deregulation in the financial, transportation and
electricity sectors. He teaches courses and guest lectures at
Boston University School of Law and at Harvard Kennedy School. He
has been a frequent seminar speaker at Harvard Kennedy School's
Mossavar-Rahmani Center for Business and Government; recent topics
include the subprime disaster, securitization, Ponzi schemes, and
financial bubbles. Mark Fagan is a founding partner of Norbridge,
Inc. a general management consulting firm. He works with clients in
the transportation, telecommunications and utility industries as
they grapple with increasing shareholder value in a deregulated
world. Prior to Norbridge, he was a Vice President of Mercer
Management Consulting.
What is the future of banking and money? The road passes through
data and digitalization at all levels of activity, from personal
banking through publicly and privately issued digital currencies.
But who is winning and losing ground in the banking sector? Do we
really need central bank digital currencies and how should they and
private digital currencies be designed and regulated to yield the
maximum benefits while reducing the obvious dangers? How should we
regulate the new digital technologies? This book brings you the
answers of senior public sector offi cials, industry leaders and
leading academics. It is the tenth title in the Institute for Law
and Finance's series on the future of the financial sector.
The Research Handbook on Central Banking focuses on global central
banks as institutions and not abstractions, providing historical
and practical detail about how central banks work and the
challenges they face. This Research Handbook offers the most
interdisciplinary treatment of global central banks published to
date by addressing key questions regarding where they come from,
how they have changed, and the challenges they face during
uncertain times. Divided into two parts, the Research Handbook
firstly takes readers on a global tour, covering central banks in
the US, Latin America, Europe, Eastern Europe, Japan, China,
Africa, and more. In the second part, authors delve into themes of
broad application, including transparency, independence,
unconventional monetary policy, payment systems, and crisis
response. The interdisciplinary mix of contributors include some of
the most prominent names in central banking as well as a new
generation of scholars who are shaping the conversation about
central banks and their role in global politics, economics, and
society at large. Interdisciplinary and innovative, this Research
Handbook will prove essential reading for scholars focusing on
central banks, financial regulation, global governance, and related
areas, as well as for central bankers and employees at central
banks. Contributors include: C. Adam, K. Alexander, A. Berg, R.
Bhala, D. Bholat, C. Borio, F. Capie, P. Conti-Brown, R.
Darbyshire, F. Decker, B. Geva, C. Goodhart, A.G. Haldane, L.I.
Jacome, H. James, J. Johnson, R.B. Kahn, H. Kanda, C. Kaufmann,
R.M. Lastra, X. Liu, S. McCracken, E.E. Meade, S.T. Omarova, R.
Portillo, M. Raskin, A.L. Riso, R. Smits, P. Tucker, F. Unsal, R.H.
Weber, G. Wood, T. Yamanaka, D. Yermack, A. Zabai, Z. Zhou, C.
Zilioli
The achievement of financial stability is one of the most pressing
issues today. This timely and innovative book provides an
analytical framework to assess financial (in)stability as an
equilibrium phenomenon compatible with the orderly functioning of a
modern market economy. The authors expertly show how good
regulatory policy can be implemented and that its effects on the
real as well as the nominal side of the economy can be properly
analyzed. The core of their approach is to take realistic account
of the interaction between endogenous default, agent heterogeneity
and money and liquidity, and suggest how a quantifiable metric of
financial fragility could be developed. This insightful book will
serve as a basis for future work on financial stability management
for both academics and policy makers and provide guidance on how to
undertake crisis prevention and resolution.
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