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...
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...
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...
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...
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,...
2005 | Hal Scott
Download As PDF This chapter addresses the issue of whether and to what extent banks should be required by regulation to hold capital against operational risks. It argues that the types of operational risk for which Basel II requires capital, internal or external...
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