Reconsidering three Dodd-Frank initiatives: the Volcker rule, limitations on federal reserve section 13(3) lending powers, and SIFI thresholds

A wave of objection rolled through Congress just before the year-end holidays, as legislators considered carving back the Dodd-Frank provision known as the "swaps push-out rule," which was designed to move a broad range of swaps out of insured depository institutions. Also known as the Lincoln Amendment, these rules were roundly criticized by the financial services industry and intense pressure was placed on Congress to reduce their scope. The authors address the unnecessary regulatory burden imposed by the Volcker Rule, the provisions that will tie the hands of the Federal Reserve in those moments of crisis when freedom of action is most necessary, and the low threshold set for determining which financial institutions fall within the heightened scrutiny of Dodd-Frank rules and regulations. The discussion of all three subjects has a common theme: evaluating risk on the one hand, and determining how best to regulate it on the other.