Unregulable: Why Derivatives May Never be Regulated

Brooklyn Journal of Corporate, Financial & Commercial Law, Vol. 4, p. 269, 2010

28 Pages Posted: 19 Jan 2010 Last revised: 12 Aug 2011

Date Written: January 19, 2010

Abstract

In this paper I explore various methods of regulating financial derivative contracts, including (a) regulation by judicially created case law, (b) regulation as gambling, (c) regulation as insurance, (d) regulation as securities, (e) regulation via a clearinghouse and (f) oversight by a super financial regulator. After discussing the drawbacks of each approach, I conclude that derivatives may be beyond the reach of the law, and indeed may be a trend whose prevalence rises and falls based only on the zeitgeist of society.

Keywords: derivatives, regulation

Suggested Citation

Gharagozlou, Alireza, Unregulable: Why Derivatives May Never be Regulated (January 19, 2010). Brooklyn Journal of Corporate, Financial & Commercial Law, Vol. 4, p. 269, 2010, Available at SSRN: https://ssrn.com/abstract=1538925

Alireza Gharagozlou (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
658
Abstract Views
3,143
rank
49,922
PlumX Metrics