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Article
The Pathologies of Banking Business As Usual
University of Pennsylvania Journal of Business Law (2015)
  • Hilary J Allen, American University Washington College of Law
Abstract
The Wolf of Wall Street's Jordan Belfort is the latest popular culture depiction of the "banker behaving badly" we love to hate. However, the Jordan Belforts of the world do not cause financial crises-the reality is far less sexy. This Article argues that financial crises are caused by ordinary financial industry personnel engaging in everyday behavior that is not fraudulent, but nonetheless has the potential to generate huge social problems in the quest for short-term profits. In particular, this Article focuses on the destabilizing potential of complex innovation and leverage-two pathologies of banking business as usual. This Article argues that criminal law, private litigation and command-and-control regulation are all limited in their ability to restrain these non-fraudulent but destabilizing behaviors, and so we must also address the prevailing "Wall Street" culture that promotes these behaviors with little regard for their social costs.
Keywords
  • Jordan Belfort,
  • financial crises,
  • social cost,
  • fraudulent,
  • short-term profits
Publication Date
2015
DOI
http://dx.doi.org/10.2139/ssrn.2336678
Citation Information
Hilary J Allen. "The Pathologies of Banking Business As Usual" University of Pennsylvania Journal of Business Law Vol. 17 Iss. 3 (2015) p. 861 - 923 ISSN: 1945-2934
Available at: http://works.bepress.com/hilary-allen/5/