Federalism and Financial Regulation (2007)

2007 | Hal Scott

Download As PDF When does federal law trump state law? The arcane topic of federal preemption has become the stuff of public debate and major news stories. The partisan lines are clearly drawn. On one side, consumer advocates, plaintiffs’ attorneys, and state...

Optional Federal Chartering of Insurance Design of a Regulatory Structure (2007)

2007 | Hal Scott

Download As PDF This paper examines the design of a federal regulatory structure for insurance companies in the United States, assuming some form of an optional federal charter is adopted. Any design must take account of the objectives of insurance regulation, the...

Sovereign Debt Default: Cry For the United States Not Argentina (2006)

2006 | Hal Scott

Download As PDF This WORKING PAPER argues that the United States policy of siding with sovereign defaulters against U.S. creditors is fundamentally misguided. The root of the sovereign debt problem is that sovereigns overborrow, borrowing in excess of their...

Mandating Public Corporate Behavior (2006)

2006 | Hal Scott

Download As PDF On Dec. 6, 2005, Standard & Poor’s, BusinessWeek, and Harvard Law School’s Program on International Financial Systems (PIFS) joined to present a half-day symposium at the McGraw-Hill Companies auditorium in New York, focusing on key issues of...

An Overview of International Finance Law and Regulation (2005)

2005 | Hal Scott

Download As PDF This chapter is an overview of the field of international finance from the perspective of law and regulation. It is organized as follows. First, it examines what the field of international finance is, with respect to law, regulation and policy. Second,...