Every regulatory exemption functions as an exploitable loophole

Evidence

Volcker’s second requirement is a key feature of an effective regulatory system: personal accountability for unlawful corporate practices. It shifts the major responsibility for adherence to the law from regulators to the officials managing the firms. Volcker also wanted vigilant regulators: ā€œAnd I’d have strong regulators. If the banks didn’t comply with the spirit of the bill, they’d go after them.ā€ The former senator Ted Kaufman, now a professor at Duke University School of Law, describes how adding exemptions to the rule opened a Pandora’s box of rules covering 300 pages: ā€œHere’s the key word in rules: ā€˜exemption.’ … [A]s soon as you see that, it’s pronounced ā€˜loopholeā€™ā€ (Stewart, 2011). — Albert Bandura, Moral Disengagement, 1536 (#expands, via linked claim)

Categorization

  • XREF: connects to: Regulatory exemptions function as exploitable loopholes undermining enforcement — Albert Bandura, Moral Disengagement: How People Do Harm…, 1536; Regulatory exemptions accumulate until laws become unenforceable — Albert Bandura, Moral Disengagement: How People Do Harm…, 1538; Categorization and renaming alone let regulated industries evade taxes and bans — Albert Bandura, Moral Disengagement: How People Do Harm…, 1653 (+1 more)

Broader Connections