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The Political Science of Regulating Bank Risk, 49 Ohio State Law Journal 1277 (1989)


The leading edge issue in banking law today is-or ought to be-bank risk. Every issue in banking law, whether it be bank failure policy, entry restrictions, geographic restrictions on the location of branches, product market restrictions on the scope of bank activities, minimum capital requirements or lending limits, was, at least ostensibly, promulgated in order to mitigate the problem of excessive risk-taking by banks. Now that the massive losses facing the federal insurance agencies responsible for protecting depositors' savings have come to represent a realistic threat to the wealth of millions of investors, as well as a significant off-line deficit item on the federal budget, the leading edge issue in banking law is becoming a leading issue in domestic policy as well. This Article is not another description of the necessity of changing the direction of banking policy to deal more effectively with the all important problem of bank risk.

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