611.17 Readings: Regulatory Reboot - Re-imagining Financial Regulation with Fintech & Financial Inclusion
Financial technology companies (FinTechs) have disrupted the financial industry, challenging the conventional roles of financial regulators and institutions in the provision of financial services. Scholars have evaluated the underlying technologies and assessed how this new industry fits within existing regulatory regimes. However, few focus on what might be the most transformative promise of FinTechs – creating greater access to affordable financial services. This promise may or may not be curtailed by trying to fit FinTechs within existing regulatory regimes.
This readings seminar will (i) explore the impact of the U.S. financial system on financial inclusion throughout history and (ii) re-imagine a financial system that contemplated FinTechs at the outset. Would the system be completely different or only slightly tweaked as the current trends in reform suggest? In this readings seminar we will answer: What are FinTechs? What is financial inclusion? How has the existing financial system and regulatory regime operated to advance (or inhibit) financial inclusion? How can FinTechs serve the goals of financial inclusion? If given a clean slate that contemplated FinTechs, what would our regulatory regime be? Certain topics this readings course will cover include: the history behind and effect of the dual-banking system, consumer protection financial legislation (including the Community Reinvestment Act), the Consumer Financial Protection Bureau, public banking and securities regulations (including Regulation A+).
This 1-credit course will be open to 12 students and meet for 2-hour sessions bi-weekly. This course is assessed on a credit/no credit basis, which will be determined by the quality of each two-page analysis of assigned class readings and participation in class discussions. Business Associations is the only pre-requisite for this course, but it is recommended that students take Securities Regulation, FinTech Law and Policy and/or Big Bank Regulation.
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|Sakai site: https://sakai.duke.edu/portal/site/LAW.611.17.Sp19|
|Email list: LAW.611.17.Sp19@sakai.duke.edu|
Course Requirements - JD
Course Requirements - LLM
Course Requirements - Public Interest
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Course Areas of Practice