September 12, 2010
Scott on Dodd-Frank's Procedures for Liquidating Non-Bank Financial Companies
Dodd-Frank: Resolution or Expropriation?, by Kenneth E. Scott, Stanford Law School, was recently posted on SSRN. Here is the abstract:
The 2010 financial reform law provides a summary procedure whereby the government can take over and liquidate a non-bank financial company if the Treasury Secretary decides it is in danger of a default with serious adverse economic consequences. The Constitution requires due process of law for the seizure of property, and this note describes the procedure provided. It is so truncated and minimal as to raise considerable doubt that it is valid under all prior standards.
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