New SEC Commissioner Is A Skeptic Of Post-Bubble Regulation

President Bush nominated Washington University Law School professor Troy Paredes to the Securities and Exchange Commission yesterday. If confirmed by the Senate, Paredes would replace DealBreaker’s favorite SEC commissioner Paul Atkins. We’d feared that the loss of Atkins, who’s been a consistent critic excessive financial regulation, would be a blow to the SEC. But Paredes looks like a strong successor to Atkins.

Paredes, who is 37 years old, teaches classes on corporations, securities regulation, corporate finance, and the theory of the firm at the St. Louis school. His published work has focused on the political and psychological causes of excessive financial market regulation, as well as the psychology of corporate decision making. The choice has been endorsed by Larry Ribstein, a professor at the University of Illinois College of Law and the author of the Ideoblog.

Paredes has written that the SEC’s decision to require hedge fund managers to register with the commission—a policy which was later struck down by the federal courts—may have been a reaction to the accounting scandals of the late nineties. The commission "did not want to get caught flat-footed and criticized again" after taking a beating from following the collapse of Enron and WorldCom. In an era when everyone seems to have their own pet plan of new regulations following the subprime disaster, this sounds like exactly the kind of approach we need on the SEC.

We fully expect that Paredes will come into criticism from people whose tacit assumption is that only enthusiasts for regulatory growth should be placed in positions of power at regulatory agencies. Bush is right to ignore this question begging approach by appointing an insightful critic.

Bush Nominates Law Professor Troy Paredes To SEC
[Dow Jones Newswires]

Comments

1

Posted by guest , May 07, 2008 1:45PM

minor correction: the DC Circuit struck down the HF rule, not the SCOTUS. which unfortunately means a decomcrat-led SEC could still appeal the decision depending on the election (the current administration did not apply for cert)

2

Posted by John Carney , May 07, 2008 1:49PM

Good catch, thanks!

3

Posted by guest , May 07, 2008 2:26PM

I'm pretty sure the deadline for appeal has passed.

4

Posted by guest , May 07, 2008 2:56PM

re 2:36 - very good point. however, the SEC could adopt a similar rule under a new administration which would not be subject to any preclusive effect that res judicata would have if the matter were decided by SCOTUS. The crux of the Goldstein decision, if I recall correctly, was more concerned with the general rule making authority of the SEC in regards to defining terms under 3(c)(7) of the ICA. The absence of a SC ruling on the matter leaves the SEC more room to create or modify rules and changes concerning hedge fund registration.

- 1:45

5

Posted by onetwo , May 07, 2008 3:09PM

Good to see a wustler in the SEC.

6

Posted by zzz1357 , May 07, 2008 3:41PM

@3:09 - Agreed.

7

Posted by guest , May 07, 2008 3:51PM

A wustler? He went to Yale like every other law professor and will now move up the academic ladder if he ever goes back that way.

8

Posted by guest , May 07, 2008 4:28PM

There goes that whole friendly SEC thing. Apparently the requirement of showing capital, let alone possessing certain levels of it, is too much for the financials to handle. Tells you a lot about their underlying strength, or lack there of.

http://www.bloomberg.com/apps/news?pid=20601087&sid=aHaAaunFepig&refer=home

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