Why did the recent subprime mortgage meltdown undermine financial-market stability notwithstanding the protections provided by market norms and financial regulation? This Essay attempts to answer that question by identifying anomalies and obvious protections that failed by examining hypotheses that might explain the anomalies and failures. Although some of the anomalies and failures result from a type of tragedy of the commons (in which the benefits of exploiting finite capital resources accrue to individual market participants, whereas the costs of exploitation are distributed among an even wider class of persons), most result from three sources: conflicts, complacency, and complexity, all exacerbated by a possible fourth source known as cupidity. This framework of understanding provides critical insights into protecting financial markets.
Volume 93 - No. 2
- Note: Stranger than Science Fiction: The Rise of A.I. Interrogation in the Dawn of Autonomous Robots and the Need for an Additional Protocol to the U.N. Convention Against Torture
- SIRI-OUSLY 2.0: What Artificial Intelligence Reveals About the First Amendment
- The Consequences of Disparate Policing: Evaluating Stop and Frisk as a Modality of Urban Policing
- Regulating Cumulative Risk
- Toward a Critical Race Theory of Evidence
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