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Sunsetting as an adaptive strategy.

Roberta Romano1, Simon A Levin2

  • 1Yale Law School, New Haven, CT 06520-8215; roberta.romano@yale.edu.

Proceedings of the National Academy of Sciences of the United States of America
|June 26, 2021
PubMed
Summary
This summary is machine-generated.

Financial legislation enacted after crises is often flawed due to scarce information. Sunsetting financial regulations allows for periodic review and adaptation, improving their long-term efficacy.

Keywords:
banking regulationevolutionary biologyfinancial crisessunsetting

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Area of Science:

  • Economics
  • Law
  • Public Policy

Background:

  • Financial crises frequently trigger major legislative responses.
  • Post-crisis environments are characterized by information scarcity regarding crisis causes and effective solutions.
  • Existing financial legislation can become ineffective due to the dynamic and innovative nature of financial markets.

Purpose of the Study:

  • To propose sunsetting as a mechanism to mitigate adverse consequences of crisis-driven financial legislation.
  • To enhance the adaptability and efficacy of financial regulations in response to market evolution.
  • To draw parallels between regulatory adaptation and evolutionary processes.

Main Methods:

  • Conceptual analysis of legislative processes and market dynamics.
  • Advocacy for the implementation of sunset clauses in financial laws.
  • Comparative analysis with evolutionary biology principles.

Main Results:

  • Crisis-driven legislation often contains inadequate or poorly understood provisions.
  • Sunsetting mandates periodic reenactment of legislation, fostering adaptation.
  • This mechanism allows for revisiting and improving regulations, akin to biological evolution.

Conclusions:

  • Sunsetting is a valuable tool for managing the inherent risks of crisis-driven financial legislation.
  • It promotes regulatory resilience and responsiveness to evolving financial markets.
  • The approach encourages continuous improvement of financial regulation through periodic review and adaptation.