Title: The New Financial Deal: Understanding the Dodd-Frank
Act and Its (Unintended) Consequences
Publication Date: 12/07/2010
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David Skeel’s The New
Financial Deal: Understanding the Dodd-Frank Act and Its (Unintended)
Consequences provided a basic overview of the Dodd-Frank Act that lacked
in-depth analysis and rigor. Skeel, a Professor of Corporate Law at Penn with
an expertise in Bankruptcy and an extensive Curriculum Vitae promises to disseminate
the Wall Street Reform and Consumer Protection Act in a meaningful way while
also providing his suggestions to correct major flaws he sees within this piece of legislation.
While both of these promises are kept, neither are done so in a manner that
yield significant value to the reader.
Skeel begins with his own explanation of government intervention
within the financial system ranging from the marriage between Bear Sterns and
JP Morgan Chase, to the collapse of Lehman Brothers and the “bailouts” of
American International Group (AIG), Chrysler and General Motors. This includes
basic explanations of the events that occurred and his opinions on their flaws.
A brief outline on the original drafters of the bill, including the involvement
from Timothy Geithner, Henry Paulson, Ben Bernanke, and of course Christopher
Dodd and Barney Frank, was also included.
After laying out the basic framework for the Dodd-Frank Act,
Skeel then proceeds to break down the content into key regulatory reforms
enacted under this law. This include the new derivative reforms, capital requirements,
Consumer Protection Agency, new resolution tools at the FDIC’s disposal, and international
regulations changes. Each of these topics were broken down into bite-sized
sections that provide a basic overview of what the law will mean and its implementation.
Skeel also introduces his imaginary example bank referred to
as Bank of the World, a massive would-wide financial conglomerate. He uses this
example bank through multiple sections to demonstrate how the law would hypothetically
impact the firm under a given set of circumstances, particularly the negative
impact it may have.
Lastly, Skeel provides two chapters that give his opinion on
changes that could be made to the existing law which, he claims, would have a
profound impact on undoing a large part of the damage created by Dodd-Frank.
This includes changes to treatments of derivatives under the current bankruptcy
law and resolution constraints under the FDIC.
While the author did provide a basic overview of the Dodd-Frank
Act, he failed to provide any deep explanations that yield useful
understanding. This theme was kept constant through the book and was especially
prominent in his chapters of proposed changes. I do understand that this piece
of legislation is far too large to provide a full detailed explanation; however,
I believe that the author failed to provide enough information to educate the
reader in a manner that would allow a reasonable understanding of the topic. Through
the text, the author makes clear that he believe much of the Dodd-Frank Act is harmful
but yet fails give any more than a simple reasoning why. How can one be
expected to agree with his point of view without being provided with a strong argument
for the case? Being a former student and current professor of law, one would
expect this to be common practice. If the author wants his readers to agree with
his point-of-view, more emphasis should have been placed on explanations and
understanding.
My particular area of concern was his proposed changes. I
can confidently say that I do not have enough information to form an opinion on
whether or not these changes would have any meaningful impact. The author does
a great job at outlining what he proposes as changes, but fails miserably in
providing any explanation of why these changes would prove to be positive. He
simply provides a short explanation of how his hypothetical bank, Bank of the
World, would be impacted differently under his changes versus the current law
and how these would be positive. However, I do not believe that providing a
simple one situational example can shed any real light on the impact of his
proposed changes. I believe the author needs to revise this piece of work and
provide a more rigors analysis of how his proposed changes would improve or fix
the Dodd-Frank legislation.
On a bright note, I do believe the author used his extensive
academic background that focuses on corporate law to provide useful insight
into the benefits associated with bankruptcy. A great deal of reference was
made to how current bankruptcy law could have resolved with many of the
situations that Dodd-Frank is attempting to deal with. The author also
indicates that he would like to see changes in the current law that provide
preferential treatment to derivatives in bankruptcy proceedings. This was great
insight from an individual with great expertise in this field.
In conclusion, David Skeel has created a great framework for
what could have been a very informative book. I believe that the author would
create a significantly stronger piece of writing by expanding on his current edition.
While I do believe that I have gained a better understanding of the Dodd-Frank
through reading this text, I would have liked to have gained a better
understanding of the true implication of the law. While I am not overall
satisfied with this book, due to its relatively short length and semi-useful
information, I do recommend it as a read for anyone interested in the
Dodd-Frank Act.