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1

Davidson, Erik. Investing in separate accounts. New York: McGraw-Hill, 2002.

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2

Catherine, Fredman, ed. Use the news: How to separate the noise from the investment nuggets and make money in any economy. New York, NY: HarperCollins Publishers, 2001.

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3

Entscheidungsorientierte Kosten- und Erfolgsrechnung und dynamische Investitionsrechnung als separate Führungsinstrumente eines koordinationsorientierten Controlling und Ansätze zu ihrer Integration. Frankfurt am Main: P. Lang, 1998.

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4

Doyle, Chris. Investment decisions: The role of market structure in vertically separated network industries. Cambridge: Department of Applied Economics, University of Cambridge, 1994.

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5

Chambers, Larry. J.K. Lasser Pro Separate Account Management: An Investment Management Strategy Designed for High Net Worth Individuals. Hoboken, NJ: John Wiley & Sons, 2003.

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6

Committee, American Institute of Certified Public Accountants Accounting Standards Executive. Financial highlights of separate accounts: An amendment to the audit and accounting guide audits of investment companies. New York, NY: American Institute of Certified Public Accountants, 2003.

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7

Wilkinson, Don F. Stop wasting your wealth in mutual funds: Separately managed accounts : the smart alternative. Chicago: Dearborn Trade Pub., 2005.

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8

Wilkinson, Don F. Stop wasting your wealth in mutual funds: Separately managed accounts : the smart alternative. Chicago, IL: Kaplan Publishing, 2006.

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9

Gresham, Stephen D. The managed account handbook: How to build your financial advisory practice using separately managed accounts. Hartford, CT: Connecticut River Press, 2002.

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10

Chambers, Larry. Separate Account Management. Wiley, 2003.

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11

Freeman, Kevin D., and Erik H. Davidson. Investing in Separate Accounts. McGraw-Hill, 2002.

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12

Freeman, Kevin D., and Erik H. Davidson. Investing in Separate Accounts. McGraw-Hill, 2002.

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13

author, Yardney Michael, ed. Rich habits poor habits: Learn the daily habits that separate the rich from the poor. 2017.

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14

Accounting and reporting by insurance enterprises for certain nontraditional long-duration contracts and for separate accounts. New York, N.Y: American Institute of Certified Public Accountants, 2003.

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15

Bartiromo, Maria. Use the News: How to Separate the Noise from the Investment Nuggets and Make Money in Any Economy. Collins, 2002.

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16

Bartiromo, Maria. Use the News: How to Separate the Noise from the Investment Nuggets and Make Money in Any Economy. Collins, 2002.

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17

Jeffery, Commission, and Moloo Rahim. 5 The Splitting of Issues for Separate Determination (Bifurcation/Trifurcation). Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198729037.003.0005.

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This chapter focuses on one of the most important procedural decisions a tribunal can make in an investment arbitration: the bifurcation or trifurcation of issues into separate phases. The rationale behind bifurcation/trifurcation is straightforward: bifurcation may result in the narrowing or even dismissal of claims, but can significantly increase the costs and duration of an arbitration. This has not gone unnoticed by users of the International Centre for Settlement of Investment Disputes (ICSID) and other systems of dispute settlement. After discussing the relevant arbitration rules that govern the decisions of arbitral tribunals on bifurcation, the chapter considers the various procedural aspects of bifurcation requests. It also examines the number of bifurcation requests actually filed in ICSID and UNCITRAL arbitrations, how tribunals decided those requests, and the factors applied by tribunals in those decisions.
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18

John, Choong. 19 SIAC Investment Rules. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198810650.003.0019.

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In 2017, the Singapore International Arbitration Centre (SIAC) released separate rules for investment arbitration: the SIAC Investment Arbitration Rules (SIAC IA Rules). This chapter addresses the new SIAC IA Rules, which entered into force on 1 January 2017. It begins in Part A with an introduction to the SIAC IA Rules. Part B then examines the key provisions of the SIAC IA Rules in more detail. These include scope of application (Rule 1), constitution of the tribunal (Rules 5 to 9, 12, 13), third-party funding (Rules 24, 33 and 35), early dismissal of claims and defences (Rule 26), third party intervention (Rule 29), and confidentiality and transparency (Rules 37 and 38).
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19

Jeswald W, Salacuse. 15 Investment Treaty Dispute Settlement. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198703976.003.0015.

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This chapter first considers the nature of conflicts between investors and states. Three of the most common measures that may lead to a dispute are government actions that cancel or change the contractual or licence rights of an investment; seize or cancel property rights owned by an investor; or change legislation or regulations. The chapter then examines the various means provided by treaties to resolve such conflicts. Most investment treaties provide four separate dispute settlement methods: consultations and negotiations between contracting states; arbitration between contracting states; consultations and negotiations between covered investors and host governments; and investor–state arbitration. Finally, criticisms of investor–state arbitration are considered, regarding the integrity of arbitrators, treatment exceptions, arbitral procedure, transparency of proceedings, and submissions by non-disputing parties. The chapter concludes that the dispute settlement process seems to be in a state of flux and is open to various options for reform.
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20

Baiju S, Vasani, and Vasani Sarah Z. Part III Guide to Key Jurisdictional Issues, 12 Bifurcation of Investment Disputes. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0012.

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Bifurcation typically involves the division of arbitral proceedings into separate phases addressing jurisdiction/admissibility and the merits and, less frequently, the division of the merits phase into liability and quantum phases. However, tribunals are not restricted to bifurcating proceedings along these lines. For example, some tribunals have bifurcated proceedings in order to hear certain jurisdictional objections as preliminary issues while reserving other jurisdictional objections to be heard with parties’ arguments on the merits. Others still have ‘trifurcated’ proceedings into separate phases dealing with issues of jurisdiction, liability, and quantum. This chapter discusses factors that may provide guidance for parties in making arguments either for or against bifurcation.
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21

St John, Taylor. Gunboats and Diplomacy. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198789918.003.0003.

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Chapter two outlines antecedents of the ICSID Convention. The antagonisms emerging from the long history of investment dispute settlement are briefly discussed, in particular historical memories about separate courts and separate law for foreigners. Early twentieth-century efforts to replace the use of force with arbitration and later work to reframe foreign investment as a tool for development instead of a tool of imperialism provided more hopeful antecedents. Decolonization brought with it high expectations, but also disillusionment: disputes like Abadan (in which the British government sent gunboats, then asked the UN Security Council, the ICJ, and the World Bank to act, before ultimately staging a coup) made capital-importing governments wary and led many officials to believe the world needed new machinery to resolve disputes between investors and states.
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22

Simon, Gleeson. Part III Investment Banking, 18 Securitization and Repackaging. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198793410.003.0018.

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This chapter discusses securitization requirements under Basel 3. The Basel 3 reforms have rewritten the capital treatment of securitisations. However this rewriting sits on top of some major restructuring of the regime effected by Basel 2.5. Given that the Basel Accord is intended to reflect credit risk, it might be expected that the rationale for a separate treatment of securitization exposures would have disappeared, and that exposures to securitization vehicles would be evaluated in exactly the same way as exposures to other types of vehicles, based on credit characteristics. However, the opposite is the case. The chapter begins with an explanation of securitization. It then discusses true sale and derecognition of assets, risk weighting of securitization exposures, weighting holdings of securitization positions, the internal ratings-based approach approach, and revolving credit securitizations.
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23

1968-, Ameriks John, and National Bureau of Economic Research., eds. The joy of giving or assisted living?: Using strategic surveys to separate bequest and precautionary motives. Cambridge, Mass: National Bureau of Economic Research, 2007.

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24

Gresham, Stephen D. The Managed Account Handbook: How to Build Your Financial Advisory Practice Using Separately Managed Accounts. Phoenix Investment Partners, 2002.

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25

Timothy, Spangler. 7 Governance Issues in Offshore Companies Used as Private Investment Funds. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198807247.003.0007.

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This chapter examines issues of governance arising from the use of offshore companies as private investment funds. Funds established in offshore jurisdictions are often structured as limited companies that issue shares to investors. Governance issues can arise in offshore companies when voting rights are separated from economic participation. The chapter first considers the role of the board of directors in private investment funds before discussing taxation issues affecting offshore companies used as private investment funds in the UK and in the United States. It then explains the duties of directors under Cayman Islands law, including fiduciary duty, duty of care, diligence, and skill, and duty of confidentiality. It also describes the composition of the board of directors, its meetings, relationship with the fund manager, and responsibility for approval of fund documentation.
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26

Natalie, Lichtenstein. A Comparative Guide to the Asian Infrastructure Investment Bank. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198821960.001.0001.

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The Asian Infrastructure Investment Bank (AIIB) opened for business in 2016, as a $100 billion multilateral development bank (MDB) that finances public and private infrastructure projects for Asia. AIIB’s founders, led by China, span Asia, Europe and the Middle East—now a global footprint. A Comparative Guide to the Asian Infrastructure Investment Bank examines AIIB through the lens of its Charter, focusing on its mandate, investment operations, membership, finance, governance, and institutional set-up. Separate chapters explain how each element matters for MDBs generally, then analyze the related AIIB text, and compare the provisions and practice of its predecessors. These chapters expound upon the reasons behind AIIB’s legal provisions and offer detailed analyses of the similarities and differences with the Charters of the World Bank and regional MDBs (principally, the African Development Bank, Asian Development Bank, European Bank for Reconstruction and Development, and the Inter-American Development Bank). Introductory and highlights chapters tell how AIIB was founded and summarize its key features. A chapter on Transitions recounts AIIB’s path from agreement to establishment. Relevant themes from MDB histories are outlined as a guide to AIIB’s future, in a chapter on Reflections. Throughout, text and tables record AIIB’s governance and decisions through December 2017. This book takes apart the AIIB Charter for the general reader and for the specialist—from the perspective of the lawyer who put it together. It’s an inside look at how this new international organization went from concept to reality, and an up-to-date comparative legal guide to MDBs.
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27

Franck, Susan D. Arbitration Costs. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190054434.001.0001.

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Investment treaty arbitration (sometimes called ISDS or investor-state dispute settlement) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. Yet “conventional wisdom” about costs is not necessarily wise. To separate fact from fiction, this book reality tests claims about investment arbitration and fiscal costs against hard data so that policy reforms can be informed by scientific evidence, rather than intuition or cognitive illusions. The exercise is critical, as investment treaties grant international arbitrators the power to order states—both rich and poor—to pay potentially millions of dollars to foreign investors when states violate the international law commitments made in the treaties. Meanwhile, the cost to access and defend the arbitration can also be in the millions of dollars. This book uses cognitive psychology insights and hard data to explore the reality of investment treaty arbitration, identify core demographics and basic information on outcomes, and drill down on the costs of parties’ counsel and arbitral tribunals. It offers a nuanced analysis of how and when cost-shifting occurs, parses tribunals’ rationalization (or lack thereof) of cost assessments, and models the variables most likely to predict costs, using data to point the way toward evidence-based normative reform. With an intelligent interdisciplinary approach that speaks to ongoing reform at entities such as the World Bank’s ICSID and UNCITRAL, this book provides the most up-to-date study of investment treaty dispute resolution costs, offering new insights that will shape the direction of investment treaty and arbitration reform more broadly.
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28

de Stefano, Carlo. Attribution in International Law and Arbitration. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198844648.001.0001.

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This book aims to clarify, critically discuss, and propose solutions for the application of international rules of attribution of conduct to States under public international law and international investment law. In a nutshell, the issue is that of the applicability of the principles of ‘attribution’ to States of acts that are in breach of their obligations under international custom or international treaties, with a focus on their commitments pertaining to the treatment of foreign investors under international investment agreements (IIAs), mostly bilateral investment treaties (BITs), and their application by arbitral tribunals. Of special interest and the object of extensive debate within this context is the responsibility of States when the alleged breach has been committed not by the State itself through its organs, but by entities which have separate legal personality under domestic law, which, nevertheless, may engage the responsibility of the State under international law, such as State-owned enterprises (SOEs). The book addresses the relevant issues in a systematic way, approaching them first in general terms on the basis of the Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) on attribution, finalized by the International Law Commission (ILC) in 2001, and proceeding thereafter to the specifics of international investment law, based on an accurate examination of the law, practice, and case law, with full knowledge and consideration of the academic debate. To this extent, the book submits that the general principles on attribution are fully applicable within international investment law, which is not a closed system governed by different principles, and that tribunals have to apply them as they generally do.
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29

Natalie, Lichtenstein. 3 Mandate. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198821960.003.0003.

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Chapter 3, Mandate, discusses the provisions in the AIIB Charter that encapsulate AIIB’s mandate. These provisions address the overarching objectives that the Prospective Founding Members saw for AIIB. The Chapter explains the Preamble to the AIIB Charter, and compares it with other Charters. Then the separate clauses that govern AIIB’s legal purpose and AIIB’s functions are described, and also compared to the similar clauses for other multilateral development banks. Key elements are regional economic development, development finance, infrastructure investment, supplementing private finance and multilateral collaboration. AIIB’s cooperation arrangements with other international organizations are summarized. This Chapter concludes by enumerating the clauses in the AIIB Charter where the purpose and functions have particular legal significance, setting a framework for AIIB to evolve into new areas and functions.
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30

Jeffery, Commission, and Moloo Rahim. 1 The Law Applicable to Procedural Issues. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198729037.003.0001.

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This chapter examines the various sources of procedural law in investment arbitration and articulates a hierarchy among those sources. It first considers the procedural law selected by the parties to the arbitration, emphasizing the fact that some of the laws selected by the parties impose mandatory rules that cannot then be deviated from, while others are binding, unless the parties later decide on a separate course. It then explains how the appropriate governing rules can be determined when the rules selected by the parties are silent. In particular, it describes the arbitral tribunals' role to fill gaps in the rules and suggests that, in doing so, the tribunals and the parties rely on the context of the applicable procedural rules, certain soft law protocols, and prior arbitral practice for guidance.
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31

Conventional Investment Exposed! Interview + SSA Implosion Discourse on 2 CDs in virgin shrink-wrap over custom hard-case. (Two separate & distinct, essential, intense, headline-fresh, late-breaking topical Investment Discourses. Approved by and originally broadcast on the Public Broadcasting System (PBS).). USInvestments Publishing Corp, 2002.

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32

Phillips, Angus. Trade Publishing. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780199574797.003.0012.

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Trade publishing at Oxford University Press included those titles aimed at a broader audience, including general non-fiction, illustrated histories and encyclopedias, World’s Classics, and children’s books. Originally a separate operation of the London Business, overseas trade publishing later devolved to the branches while domestic trade titles were amalgamated into the Oxford academic lists. Trade titles involved a higher level of risk, deeper discounts to booksellers, larger author royalty payments, and investment in marketing and sales. The Press gradually minimized these risks by introducing greater oversight from the Delegates on manuscript selection, and by reducing the number of individual titles and concentrating on series. The chapter highlights the significant series and individual trade titles from across the Press, and considers the trade list both in its interaction with OUP’s wider academic and scholarly interests and within the context of commercial trade publishing.
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33

Kjeldgaard-Pedersen, Astrid. The Legal Personality of Individuals in International Economic Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198820376.003.0008.

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Under the umbrella of international economic law, Chapter 8 begins in Section 8.1 by examining the relationship between the concept of international legal personality and positive international norms pertaining to ‘State contracts’. Section 8.2 then studies the field of international investment law, which (unlike, for instance, international trade law) is characterized by a considerable degree of involvement of the individual investor. Section 8.3 goes on to discuss some pertinent aspects of EU law in relation to the international legal personality of individuals. EU law is not commonly regarded as a part of international (economic) law, but rather as ‘a new legal order’ of its own. EU law is nevertheless included here as the point is to challenge the popular conception of EU law as separate from the international legal system, and to illustrate that this notion rests, at least in part, on the orthodox ‘States-only’ conception of international legal personality.
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34

Jeffrey, Golden, and Lamm Carolyn, eds. International Financial Disputes. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199687862.001.0001.

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This book provides specialist work on the arbitration of international financial disputes. The work covers commercial and investment arbitrations and considers the merits of and relationship between the various types of dispute resolution (mediation, arbitration, and litigation). International arbitration is a growth area and financial disputes have been a consequence of the financial crisis. The need for more specialist knowledge during the conduct of disputes involving complex financial instruments has become particularly apparent in recent years. This book explains the various financial products including debt and equity instruments, currencies, commodities, derivatives, and Islamic instruments and provides guidance on how to draft arbitration clauses with these products in mind. In the part on theories of liability, the issues of applicable law, expropriation, discrimination, fair and equitable treatment, and umbrella clauses are discussed. There are separate chapters on remedies and choice of law, in addition to the more procedural aspects of enforcement and expert witness. The interplay between mediation and arbitration is analysed and explained.
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35

Antonio R, Parra. The History of ICSID. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198767466.001.0001.

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This revised edition of the text details the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. The book traces the immediate origins of the Convention, in the years 1955 to 1962, and gives a stage-by-stage narrative of the drafting of the Convention between 1962 and 1965. It recounts details of bringing the Convention into force in 1966 and the elaboration of the initial versions of the Regulations and Rules of ICSID adopted at the first meetings of its Administrative Council in 1967. The four periods 1968 to 1988, 1989 to 1999, 2000 to 2010 and 2011 to 2015 are covered in separate chapters which examine the expansion of the Centre’s activities and changes made to the Regulations and Rules over the years. There are also overviews of the conciliation and arbitration cases submitted to ICSID in the respective periods, followed by discussions of selected cases and key issues within them. A concluding chapter discusses some of the broad themes and findings of the book, examines how ICSID might meet several large new challenges facing it and outlines several possible further changes of its rules and procedures. The book offers unique insight into the establishment and design of ICSID, as well as into how the institution evolved and its relationship with the World Bank over the 50 years since the establishment of ICSID.
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36

Conventional Investing Exposed! + The Coming Social Security Implosion ... and How to Escape It - on 2 long-play Audio Cassettes in custom case. (Two separate & distinct, essential, intense, headline-fresh, late-breaking topical investment Discourses.). USInvestments Publ Corp., 2002.

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37

Wilmarth Jr., Arthur E. Taming the Megabanks. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190260705.001.0001.

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This book demonstrates that universal banks—which accept deposits, make loans, and engage in securities activities—played central roles in precipitating the Great Depression of the early 1930s and the Great Recession of 2007–09. Universal banks promoted a dangerous credit boom and a hazardous stock market bubble in the U.S. during the 1920s, which led to the Great Depression. Congress responded by passing the Glass-Steagall Act of 1933, which separated banks from the securities markets and prohibited nonbanks from accepting deposits. Glass-Steagall’s structural separation of the banking, securities, and insurance sectors prevented financial panics from spreading across the U.S. financial system for more than four decades. Despite Glass-Steagall’s success, large U.S. banks pursued a twenty-year campaign to remove the statute’s prudential buffers. Regulators opened loopholes in Glass-Steagall during the 1980s and 1990s, and Congress repealed Glass-Steagall in 1999. The United Kingdom and the European Union adopted similar deregulatory measures, thereby allowing universal banks to dominate financial markets on both sides of the Atlantic. In addition, large U.S. securities firms became “shadow banks” as regulators allowed them to issue short-term deposit substitutes to finance long-term loans and investments. Universal banks and shadow banks fueled a toxic subprime credit boom in the U.S., U.K., and Europe during the 2000s, which led to the Great Recession. Limited reforms after the Great Recession have not broken up universal banks and shadow banks, thereby leaving in place a financial system that is prone to excessive risk-taking and vulnerable to contagious panics. A new Glass-Steagall Act is urgently needed to restore a financial system that is less risky, more stable and resilient, and better able to serve the needs of our economy and society.
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