The Federal Deregulation of Insurance

37 Pages Posted: 20 Jan 2019

See all articles by David T. Zaring

David T. Zaring

University of Pennsylvania - Legal Studies Department

Date Written: January 10, 2019

Abstract

The efforts to get the federal government out of the business of regulating insurance have been comprehensive but not entire. The project offers two insights about deregulation and how to do it. The first insight is comparative. Given that courts, Congress, and agencies have all tried to undo the federal regulation of insurers, the higher quality of deregulation done by regulators themselves, as opposed to the other branches of government, is informative and makes out a story of comparative advantage when it comes to regulation. The second insight serves as a reminder of the stickiness of globalization. Because the federal government has made commitments to the European Union, it cannot entirely remove itself from the oversight of insurance, much as the policymakers in power today might wish to do so. Both insights make insurance a case study about the way that deregulation can work more generally.

Keywords: administrative law, insurance regulation, financial regulation, international regulatory cooperation

Suggested Citation

Zaring, David T., The Federal Deregulation of Insurance (January 10, 2019). Texas Law Review, Vol. 97, No. 1, 2018, Available at SSRN: https://ssrn.com/abstract=3313820

David T. Zaring (Contact Author)

University of Pennsylvania - Legal Studies Department ( email )

3730 Walnut Street
Suite 600
Philadelphia, PA 19104-6365
United States

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