October 09, 2009
In Praise of Chaotic Measures
Posted by David Zaring

I've got a piece up over at the Times's DealBook symposium on the financial crisis.  The symposium's guiding principle is to assess, with the benefit of a years' hindsight, what we have and haven't learned.  I think the government is coming through the crisis looking pretty good, even though the way it went about responded to it violated every rule in the good government textbook:

The government’s response to the financial crisis — through deals, creative new programs and a policy of trying everything and hoping that some of it works — presents, in my view, not just a challenge to the old order of financial regulation, but to the process of regulation itself.

The results — at least so far — call some of our cherished notions of stability and organization into account. Unmeasured desperation may have saved us from financial calamity. So what remains of the case for measured action, public participation in important decisions and judicial review?

If you haven't been reading it, the roundtable has been pretty amazing so far.  Soon, Lucian Bebchuk will be weighing in. The recent professorial contributions have included interesting recent ones by Lynn Stout, David Skeel, and Steven Davidoff.  And those are just the academics - the practitioners haven't been too shabby either.

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