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A legal scholar says the Dodd Frank act put in place after the Great Recession proved to be useless amid SVB’s collapse
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A legal scholar says the Dodd Frank act put in place after the Great Recession proved to be useless amid SVB’s collapse
Jan 15, 2024 10:45 PM

  Teaching Banking Law After Silicon Valley Bank's Collapse: Challenges and Concerns

  The Collapse of Silicon Valley Bank and Its Implications

  The recent collapse of Silicon Valley Bank has raised serious questions about the effectiveness of banking regulations and the ability to teach banking law to college students in light of this event. Adam Levitin, a law professor at Georgetown University, sparked a discussion on this topic, highlighting the challenges faced by educators and the need for critical examination.

  Levitin emphasizes the significance of prudential regulations designed to mitigate risks faced by banks. However, he expresses concern that these regulations have been disregarded by regulators and bankers, leading to the downfall of Silicon Valley Bank and other financial institutions.

  The Dodd-Frank Wall Street Reform and Consumer Protection Act: A Flawed Solution?

  The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 was enacted to prevent bank failures and protect consumers in the wake of the Great Financial Crisis. However, Levitin argues that this "enormous legal edifice" has proven ineffective, as evidenced by the collapse of SVB and Signature Bank.

  Levitin criticizes the failure to enforce Dodd-Frank's prudential provisions, questioning the value of regulations that are not upheld. He likens the situation to a "Potemkin village," a fake town created to impress visitors, suggesting that Dodd-Frank's provisions are mere illusions without enforcement.

  Deregulation Efforts and the Weakening of Dodd-Frank

  Levitin points to the Trump administration's push for deregulation in 2018 as a contributing factor to the current state of affairs. Aggressive lobbying by bank CEOs, including SVB's Greg Becker, led to the weakening of Dodd-Frank's stringent regulations.

  For example, stress tests designed to assess banks' resilience during economic crises were made less frequent and less rigorous, particularly for small- and mid-sized banks. This resulted in inadequate stress testing, as seen in the case of Silicon Valley Bank, which never underwent a Fed stress test before its collapse.

  Other Dodd-Frank regulations were also scaled back, particularly for smaller banks, allowing them to hold less liquid capital, increasing their vulnerability during bank runs.

  The Consequences of Disregarding Regulations

  Levitin expresses concern that the disregard for regulations sets a dangerous precedent, encouraging further misbehavior by financial institutions. He questions the motivation for adhering to regulations that are easily disregarded when inconvenient.

  Furthermore, Levitin emphasizes the loss of public confidence in the regulatory system, as individuals question the effectiveness of rules that are not enforced. This raises doubts about the protection provided to depositors and consumers.

  Teaching Prudential Banking Regulation After SVB

  In light of the Silicon Valley Bank collapse and the challenges it poses for teaching banking law, Levitin concludes by expressing uncertainty about how to effectively teach prudential banking regulation. He highlights the need for critical examination of the current regulatory framework and its enforcement mechanisms.

  The collapse of SVB has exposed weaknesses in the regulatory system, raising concerns about the effectiveness of banking regulations and the ability to teach banking law in a meaningful way. Educators and policymakers must address these challenges to ensure the integrity of the financial system and protect the interests of depositors and consumers.

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