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Creativity Motivation – What is motivation – Corey K Katir
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SJB secures Angel replacement as ex-UBS banker joins as non-exec
From legalweek.com
legalweek
SJ Berwin has replaced Tony Angel as non-executive director on its partnership board with the appointment of former senior UBS banker Lucinda Riches. Riches was a board member of UBS Investment Bank and managing director and global head of equity capital markets until 2008.
Stewarts and Mishcon prevail in £40m battle over banker bonuses
From legalweek.com
legalweek
Stewarts Law and Mishcon de Reya have won a high-profile battle over €50m (£40m) in unpaid bankers’ bonuses, with a judgment handed down today (9 May) in favour of a group of former Dresdner Kleinwort bankers. The High Court judgment, issued by Mr Justice Owen, found that their former employer Commerzbank acted in breach of its contractual obligations in slashing bonuses to 104 staff after it acquired Dresdner.
Cadwalader launches City regulatory practice with Quadrant banker hire
From legalweek.com
legalweek
Cadwalader Wickersham & Taft is set to launch a financial regulatory practice in its London office with the hire of a barrister from Quadrant Chambers. Tom O’Riordan joined the US firm this week as the office’s first dedicated regulatory partner. He will work closely with Steven Lofchie, chairman of the funds, regulation and equity derivatives group in New York, as well as with London capital markets partner Nick Shiren and special counsel Alix Prentice
Wonkbook: The Fed’s long national nightmare is finally over
From feeds.washingtonpost
Are you sitting down? Because you’re not going to believe this. The Senate actually got something done yesterday. Something big! They confirmed both Jeremy Stein and Jerome Powell to the Federal Reserve’s Board of Governors. That means, for the first time since 2006, there are no vacancies on the Fed’s Board.
The next question is whether Stein and Powell will exert any influence on the Fed, and if so, in what direction. That remains to be seen. Right now, the Federal Reserve seems in the unusual position of admitting that it has missed terribly on its mandate to maintain full employment, swearing that there is more it can do if need be, and yet not doing anything more. Given events in Europe, though, they may not be able to resist escalating for very much longer.
Wonkbook dashboard: RCP Obama vs. Romney: Obama +2.4%; 7-day change: Obama +0.9%.
RCP Obama approval: 48.4%; 7-day change: +1.0%.
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Top stories
1) The Senate confirmed two nominees to the Fed’s Board of Governors. “The Senate on Thursday confirmed two nominees chosen by President Obama for the Federal Reserve Board of Governors, overcoming Republican objections and bringing the seven-member board to full strength for the first time since 2006, before the economic crisis. The Harvard economist Jeremy C. Stein and the investment banker and lawyer Jerome H. Powell were confirmed easily after a morning of debate. The vote for Mr. Stein was 70 to 24, and for Mr. Powell, 74 to 21. Neither has widely known views on the central policy questions facing the Fed: whether to take more action to reduce unemployment or whether the economy is already at risk of a dangerous acceleration of inflation. For months, Senator David Vitter, a Louisiana Republican and a member of the Banking Committee, held up the nominations.” John Cushman Jr. in The New York Times.
@philizzo: Senate only took six months to confirm two completely uncontroversial Fed nominees that represented both parties. Hooray?
@justinwolfers: I doubt anyone knows where Powell & Stein are on the hawk/dove spectrum. But both are smart & neither is doctrinaire, which is a good start.
2) The U.S. imposed tariffs on Chinese solar panels. “The United States on Thursday announced the imposition of antidumping tariffs of more than 31 percent on solar panels from China. The move by the Commerce Department is certain to infuriate Chinese officials already upset after recent bilateral frictions over Chinaas human rights policies and its increasingly confrontational approach toward American allies like the Philippines and Japan. The antidumping decision is among the biggest in American history, covering one of the largest and fastest-growing categories of imports from China, the worldas largest exporter. The department said the United States bought $3.1 billion worth of Chinese solar cells last year, giving China more than half the American market for the devices. Many solar panel installers in the United States have opposed tariffs on Chinese panels, contending that inexpensive imports have helped spur many homeowners and businesses to put solar panels on their rooftops.” Keith Bradsher and Diane Cardwell in The New York Times.
@drgrist: Let’s get this straight: we’re subsidizing coal-industry exports to China and taxing solar-power imports from China? That about right?
3) House Republicans want tax reform in 2013. “As part of a year-end budget deal, House Republicans are urging adoption of ‘fast-track procedures’ to force lawmakers to complete a sweeping overhaul of the U.S. tax code in 2013…’There is strong support to use the expiration of the [Bush tax cuts] as leverage to force action in 2013 on comprehensive tax reform,’ Camp told the Federal Policy Groupas annual tax seminar. ‘How? Simple: In addition to extending current low-tax policies originally enacted in 2001 and 2003, we should enact fast-track procedures to compel comprehensive tax reform next year.’ Camp said he is mulling what form those procedures might take. He and House Speaker John A. Boehner (R-Ohio), who endorsed the idea this week, made comparisons to the process by which lawmakers adopt trade agreements negotiated with other nations. Under that system, Congress has 90 days to reject or approve a pact in its entirety without amendment.” Lori Montgomery in The Washington Post.
4) The Postal Service will begin the first phase of its cost-cutting plan. “The United States Postal Service announced Thursday that it would begin consolidating 48 mail processing centers beginning in July, the first phase of a cost-cutting plan that is intended to save the agency nearly $1.2 billion a year as it tries to adjust to declining mail volume. The agency said it would consolidate an additional 92 processing centers in February, and 89 more in early 2014. In all, the Postal Service said it would close 229 processing centers — about half of the total — and it expects to save about $2.1 billion a year after the plan is fully carried out in 2014. About 5,000 workers will be immediately affected by the consolidations, the agency said, though it was unclear if they would be reassigned or given incentives to retire. About 13,000 employees will be affected once the first phase is completed by February. A total of 28,000 positions will be eliminated by 2014.” Ron Nixon in The New York Times.
5) Differing approaches to growth will dominate the G8 summit. “There are 4,169 miles between Berlin and Washington. But on economic policy, the two capitals sometimes appear to be on different planets…Chancellor Angela Merkel, her advisers and even much of the German opposition see Europeas problems in starkly different terms than the Obama administration does. Merkelas impulse — to fight debt at all costs to boost investor confidence — has been at the core of Europeas crisis response, because industrial powerhouse Germany has been calling the shots. But she has come under heavy criticism from Americans who say her efforts are misplaced. The differing approaches have gained renewed urgency as the crisis flares again in the euro zone, and Europeas response will probably dominate discussions Friday at the Group of Eight summit at Camp David.” Michael Birnbaum in The Washington Post.
Top op-eds 1) MANN AND ORNSTEIN: Our broken political system needs fixes that will work. “Gridlock and political dysfunction. Partisanship at record levels. Attack politics run amok…Weave all heard the laments — weave made some of them ourselves — that Washington is broken, that our political system canat grapple with the nationas big, long-term problems. So what can be done about it?…Restoring the filibuster to its traditional role of allowing an intense minority to temporarily hold up action in areas of great national moment — and away from its new use as a regular weapon for obstruction — should be a top priority. Senate rules should allow only one filibuster on any bill (now there can be two or more). Currently, the burden is on the majority to provide the 60 votes to break a filibuster; instead, the minority party should have to take the floor and hold it via debate, and provide the 41 votes needed to maintain the filibuster.” Thomas Mann and Norman Ornstein in The Washington Post.
2) KRUGMAN: The euro’s fate doesn’t look bright. “Suddenly, it has become easy to see how the euro — that grand, flawed experiment in monetary union without political union — could come apart at the seams. Weare not talking about a distant prospect, either. Things could fall apart with stunning speed, in a matter of months, not years. And the costs — both economic and, arguably even more important, political — could be huge. This doesnat have to happen; the euro (or at least most of it) could still be saved. But this will require that European leaders, especially in Germany and at the European Central Bank, start acting very differently from the way theyave acted these past few years. They need to stop moralizing and deal with reality; they need to stop temporizing and, for once, get ahead of the curve. I wish I could say that I was optimistic…All of us, then, have a big stake in European success — yet itas up to the Europeans themselves to deliver that success. The whole world is waiting to see whether theyare up to the task.” Paul Krugman in The New York Times.
3) WOLF: If Greece leaves the eurozone the results would be devastating. “The irritation of the eurozone with Greece is at extreme levels. After all, 80 per cent of Greeks say they are in favour of staying in the euro, but then they fail to elect politicians prepared to implement the agreed programme. This drives creditors crazy. Increasingly, the latter are inclined to accept Greek exit, even welcome it. But they should be careful what they wish for. A departure would create severe dangers. The danger of contagion is obvious. The long-run danger is more subtle. But the eurozone either is an irrevocable currency union or it is not. If countries in difficulty leave, it is not. It is then an exceptionally rigid fixed-currency system. That would have two dire results: people would not trust in its survival and the economic benefits of the single currency would largely disappear. These perils are not of concern to the eurozone alone…The risk that a bigger eurozone upheaval would cause a global crisis is real.” Martin Wolf in The Financial Times.
4) PEARLSTEIN: The choice is more complicated than austerity or growth. “Fiscal austerity or economic growth? Although itas not officially on the agenda, that question will dominate the discussions this weekend as political leaders of the worldas largest economies assemble at Camp David…The argument for belt-tightening austerity is that government debt in many countries has climbed so high that it threatens to create a vicious spiral: Higher interest rates beget recessions, which in turn lower government tax revenues and lead lenders to demand even higher interest rates. The inevitable result is default and depression…Where the problem comes in is that too much austerity imposed too quickly risks causing another, similar downward spiral. In this deflationary spiral, overly aggressive tax increases and budget cuts lead to sharp increases in unemployment and decreases in spending and investment, causing tax revenues to fall so much that budget deficits actually go up.” Steven Pearlstein in The Washington Post.
5) GAYER AND SWAGEL: Principal reductions won’t fix the housing market. “Edward DeMarco, the temporary director of the Federal Housing Finance Agency, continues to endure blistering criticism for refusing to allow Fannie Mae and Freddie Mac to pay for large-scale principal reductions for underwater borrowers (those who owe more than their homes are worth) or to facilitate refinancings for those stuck with high interest rate mortgages. The embattled regulator says he is merely trying to prevent Fannie and Freddie from adding to the more than $190 billion in losses that taxpayers have covered since September 2008…House Democrats have accused him of hiding data purportedly proving that principal reductions would save money and reduce foreclosures…Beating up DeMarco may prove cathartic for policy makers looking to assign blame for economic doldrums. The proposed remedy, however — having taxpayers pay for principal writedowns and mass refinancings — would do little to solve the nationas housing woes.” Ted Gayer and Phillip Swagel in Bloomberg.
Top long reads Jim Tankersley on innovators and inequality: “‘Weave had it backward for the last 30 years,’ Hanauer said at the TED conference. ‘Rich businesspeople like me donat create jobs. Rather, they are a consequence of an ecosystemic feedback loop animated by middle-class consumers.’ When the middle class thrives, he said, ‘businesses grow and hire, and owners profit.’ Emerging research from high-powered experts across the ideological spectrum backs that economic inversion. Their work shows how Americaas long-term prosperity is in jeopardy because the middle class is struggling and the super-rich are pulling away…It is tempting to view the stagnation of the middle class and the disappearance of middle-skill jobs as a problem for only some of us. Thatas simply untrue. Mounting economic evidence suggests strongly that Hanaueras argument is correct and is, in fact, fundamental to Americaas future. Itas not a do-good argument. It is a selfish one, both for innovators and for every other American counting on the innovator class to power growth for decades to come.”
Baroque pop interlude: Rufus Wainwright plays “Out of the Game” live on WFUV.
Got tips, additions, or comments? E-mail me.
Still to come: Jobless claims didn’t move; negotiators need to decide on a drug tracking system; House Democrats want to make voting easier; it isn’t looking like Keystone XL will be in the highway bill; and a baby just wants to melt your heart by hugging every single goat.
Economy The eurozone may be ready for a Greek exit. “It is increasingly conceivable that Greece may leave the euro zone, not just because of its own political dysfunction but also because the consequences of such an exit for the rest of the Europe and the global economy no longer seem quite so scary. The foot-dragging and brinkmanship of the last few years have won the other members of the currency union valuable time to prepare for life without Greece. Banks have recorded losses on Greek investments, companies are making contingency plans and Europe has bolstered rescue funds for other vulnerable nations like Portugal, Ireland and Spain. Those measures also have reduced the risks for the United States, making it less likely that a ‘Lehman moment’ will spread panic through global financial markets. American investment funds and banks have also sharply reduced their investments in Europe.” Binyamin Appelbaum in The New York Times.
Jobless claims held steady. “First-time claims for US unemployment insurance held steady at 370,000 last week, tempering some of the recent positive sentiment surrounding the jobs market. Initial claims for jobless benefits in the week ending May 12 remained unchanged from the previous weekas upwardly revised figure of 370,000, according to the US labour department. Claims in the week of May 5 had originally been reported at 367,000…The four-week moving average, which smooths out seasonal factors, stood at 375,000, a decrease of 4,750 from the previous weekas revised average of 379,750…The number of people who continued to receive jobless benefits rose by 18,000 in the week ended May 5 to 3.27m. Aside from last week they are at the lowest level since July 2008…The initial jobless claims data are a reflection of weekly firings and tend to fall as job growth picks up.” Anjli Raval in The Financial Times.
Jamie Dimon will testify before the Senate. “JP Morgan Chase CEO Jamie Dimon will be called to testify before the Senate Banking Committee in the coming weeks, the panelas chairman announced Thursday — and Dimon plans to accept. Sen. Tim Johnson (D-S.D.) said Dimon – whose firm has been under intense scrutiny after the billions of trading losses it sustained – will be invited to speak before his committee after it holds a pair of hearings on Wall Street oversight…Dimon will agree to appear before the panel, a company spokeswoman said…Johnson said his staff, as well as staffers for Sen. Richard Shelby (R-Ala.), the top Republican on the banking panel, have held briefings with regulators and with JPMorgan in the past week. No date was given for the hearing with Dimon. The two hearings that will be held before the CEOas appearance will be on May 22 and June 6 and will feature officials from the Securities and Exchange Commission, Commodity Futures Trading Commission, the Federal Reserve and other agencies.” Seung Min Kim in Politico.
The SEC is under fire for allowing settlements without admission of wrongdoing. “The Securities and Exchange Commission, which polices corporations, can usually count on support from Democrats and a rougher reception from Republicans. But, on Thursday, the agency found an issue on which its traditional friends are its critics and its traditional critics are its friends. At a House hearing, Republican lawmakers defended the agency against complaints that it lets wrongdoers off the hook too easily when it routinely allows them to settle charges without admitting wrongdoing. Democrats said they were worried that such settlements could send the wrong message, allowing corporations to treat SEC enforcement actions as just another cost of doing business. The issue has become a flash point in the debate over who is to blame for the financial crisis and whether the wrongdoers are being held accountable.” David Hilzenrath in The Washington Post.
Some GOP freshmen are bucking the ‘no new taxes’ pledge. “A small but increasingly vocal group of freshman Republicans are publicly rejecting the idea they are beholden to Grover Norquistas Americans for Tax Reform pledge for their entire congressional careers. One such member, Scott Rigell of Virginia, has openly rejected the pledge, explaining on his website that it would prevent Congress in some cases from eliminating corporate loopholes or government subsidies because those changes would have to be revenue-neutral. The math, he said, just doesnat make sense…The tax pledge has long been a litmus test for any conservative who wants to be taken seriously in a Republican primary. That some newcomers are repudiating it lends support to critics who argue the document is more valuable as a campaign tool than a guidepost for governing. Norquist insists heas not bothered by any hedging on the part of the freshmen…But the slip in devotion, however slight, is notable considering how strong a hold the pledge has had over the GOP.” Kate Nocera in Politico.
Two Senators are pushing a bill to tax the capital gains of expatriates. “Two Senate Democrats proposed a law Thursday to set a 30 percent capital gains tax rate for expatriates on all future investment gains in the wake of reports that Facebookas Eduardo Saverin renounced his American citizenship to skirt taxes on his IPO haul…The move means Saverin is subject to so-called exit taxes in the United States on some of the earlier value of his Facebook holdings, but it will be much less than he would have paid if he remained an American citizen once Facebook had gone public. If Schumer and Casey have their way, though, Saverin and others who have done similarly in the past wouldn’t escape so easily. The two Democrats unveiled a bill called the Ex-PATRIOT Act, or the ‘Expatriation Prevention by Abolishing Tax-Related Incentives for Offshore Tenancy’ Act…If it does pass, it would require Saverin and others who renounce citizenship to pay taxes at a 30 percent rate on any U.S. investment.” Tony Romm in Politico.
Legos are excellent interlude: How legos became art.
Health Care The FDA user fee bill must resolve differences over a drug tracking system. “Perhaps the biggest piece of unsettled business in the massive Food and Drug Administration user fee bill is whether it will include a national system for tracking drugs — an effort to combat the menace of counterfeit medications. And the FDA and certain industry stakeholders were still working through key differences Thursday on what the system should look like, according to lobbyists familiar with the negotiations. That raises questions about whether theyall reach an agreement in time for the user fee legislation the Senate is expected to begin debating next week. If not, it could be added during the House and Senate conference. The Pharmaceutical Distribution Security Alliance, an industry group that includes most of the stakeholders, has put forward a proposal that would require manufacturers to give each lot of drugs an individual serial number. That number could be checked through the whole distribution system against a database to ensure authenticity.” Brett Norman in Politico.
Some conservatives are protesting the House GOP’s Obamacare replacement plan. “Thirty minutes. Thatas the roughly time it took for conservatives to jump all over Speaker John Boehner (R-Ohio) and his leadership team after the GOPas game plan for dealing with President Barack Obamaas health care law leaked to the media. Their gripe? Republicans would try to replicate popular parts of Obamaas health care law if the Supreme Court overturns the law this summer. Rather than sending out news releases or rushing to cable TV for a rant, conservatives blasted House Republican leadership on a private Google email group called The Repeal Coalition. The group is chock- full of think tank types, some Republican leadership staffers, health care policy staffers and conservative activists, according to sources in the group. The behind-the-scenes fight among Republicans richly illustrates why House GOP leadership is so cautious, sensitive and calculating when it comes to dealing with the conservative right.” Jake Sherman in Politico.
@sam_baker: How many times do we need to explain to the world that making insurers cover everyone is very much tied to the mandate?
Domestic Policy The Justice Department issued rules to stem prison rape. “The Justice Department on Thursday issued the first comprehensive federal rules aimed at ‘zero tolerance’ for sexual assaults against inmates in prisons, jails and other houses of detention. The regulations, issued after years of discussions among officials and prisoner advocacy groups, address a problem that a new government study finds may afflict one out of every 10 prisoners, more than twice as many as suggested by an earlier survey. Congress passed the Prison Rape Elimination Act in 2003, and the rules to carry it out are the first to address federal, state and local prisons and jails, including institutions holding juveniles. The standards are binding on federal prisons, and states that do not comply could lose 5 percent of their federal financing…The government expects the rules to cost billions of dollars to achieve fully — perhaps as much as $7 billion, which is less than 1 percent of the systemas overall cost, over the next 15 years, depending on how they are carried out.” John Cushman Jr. in The New York Times.
House Democrats introduced legislation to making voting easier. “House Democratic leaders on Thursday introduced legislation to streamline Americans’ trips to the polls. The bill is a response to a slew of recent state legislation – some proposed, some already law – setting stricter standards for voters to register or cast a ballot. Supporters of those state efforts — including new picture ID and proof-of-citizenship requirements – say they’re necessary to weed out ineligible voters and maintain the integrity of elections. But critics contend they’re designed to suppress eligible voters, particularly minorities and low-income Americans who tend to vote Democratic…At issue are a growing list of state laws recently enacted – usually by Republican lawmakers – in the name of preventing voter fraud. Since the start of 2011, at least 14 states have passed – or are about to pass – new voting restrictions that will affect this year’s presidential election…Eight states have passed new photo ID laws – quadrupling the number before 2011.” Mike Lillis in The Hill.
Interspecies friendship interlude: A baby hugs and rests his head on all the goats..
Energy A top negotiator said Keystone XL will be dropped from the highway bill. “A senior House Democrat who supports the Keystone XL oil pipeline predicted Thursday that the project will be left on the cutting room floor in House-Senate negotiations over transportation legislation. ‘My guess is that it would not be in the final product,’ said Rep. Nick Rahall (D-W.Va.), the top Democrat on the House Transportation and Infrastructure Committee. The comments are the latest sign that backers of the pipeline will face hurdles winning its inclusion in the bill to reauthorize popular road and infrastructure programs. The House version of the transportation programs funding bill includes language that approves construction of TransCanada Corp.as proposed pipeline to bring Canadian oil sands to Gulf Coast refineries. The Senate plan omits it, and bicameral talks are under way to craft a final bill before the current transportation programs authorization expires at the end of June.” Ben Geman in The Hill.
@MarkLeibovich: After string of sub-par Starbucks experiences, calling for rise in Cafe Standards….
Wonkbook is compiled and produced with help from Karl Singer and Michelle Williams.
Elizabeth Warren: aThatas the strongest argument for a modern Glass-Steagalla
From feeds.washingtonpost
Ezra Klein: So JP Morgan lost $2 billion. Theyare not asking for a bailout. Theyare not threatening to capsize either themselves or anyone else in the system. And so they say, and itas not an entirely unfair question, why is this Elizabeth Warrenas business, or the U.S. Congressas business? Isnat making bad investment decisions legal?
Elizabeth Warren: That is what Jamie Dimon has said. He says itas stupid and sloppy but weall fix it. So stay away. But what if the next loss is $20 billion or $200 billion? Is he saying JP Morgan should be entitled to continue to take these bets right up until the day it lands in the taxpayers lap again?
Banks are different than other kinds of companies. We learned that in 2008. They run the risk of bringing down our jobs, our pensions, our economy. The basic deal we made with them is they get to operate banks a the things that take savings and investments and checking accounts and get a federal guarantee a in return for submitting to substantial oversight to make sure their activities are safe.
EK: That gets us to the Volcker rule, which is what would keep banks that get that guarantee from gambling with customer money and a federal backstop. But at this point, I donat think very many people a even people who follow this stuff quite closely a have a very specific sense of what the difference between a good and bad Volcker rule is. So how do you think about that?
EW: Iam going to reframe it slightly: Who profits from the complexity of the Volcker rule? Itas the largest financial institutions. No financial institutions want a simple Volcker rule. They want layers and layers of complexity because itas in complexity that there are loopholes. Thatas where itas possible to back up regulators who are not quite certain about the ground they stand on. And itas a larger problem with our regulatory structure: Complexity favors those who can hire armies of lobbyists and lawyers. The big push I made at the Consumer Financial Protection Bureau was simple rules. Simple mortgage documents. Simple credit card agreements. Because complexity creates too many opportunities for an army of lawyers to turn the rules upside down.
EK: I agree that complexity is where lobbyists and lawyers work their dark magic. But when I talk to people in the industry about this, they say that simple rules sound great, but theyare not really possible. Itas hard to distinguish a hedge from a bet, or a speculative trade from a legitimate one. The world is complex, and thatas why regulators and politicians who donat like Wall Street and donat like being browbeaten by lobbyists end up allowing complex rules, too.
EW: Hereas another way to look at what you just described: Thatas the strongest argument for a modern Glass-Steagall. Glass-Steagall said in effect that hedge funds should be separated from commercial banking. If a big institution wants to go out and play in the market, thatas fine. But it doesnat get the backup of the federal government. If itas too complicated to implement the Volcker rule, do you say we give up and let the largest financial institutions do what they want? Or do you say maybe thatas the reason we need a modern Glass-Steagall?
EK: Do you support a modernized Glass-Steagall law?
EW: Yeah! Iave talked with Sen. Maria Cantwell from Washington State. Sheas been working on that, and I think the debate should be on the table.
EK: What about breaking up the big banks?
EW: Youare approaching risk from two different directions. One is the risk of the activity. Thatas the Volcker rule. The other direction is to say risk is an assumption of size. Community banks shouldnat have to deal with complex regulatory oversight, but the largest institutions should be subject to far more aggressive oversight and have to pay more for the protections they receive from the American taxpayer. Then shareholders may decide to invest in institutions that are not so large.
EK: One of the scarier aftereffects of the crisis is that the biggest banks have become much bigger, right? JP Morgan Chase, if I remember correctly, now has more than $2 trillion in assets, where before the crisis, it was well beneath that.
EW: I was just talking about this this morning. One of the things I remember is when we were writing the reports trying to put some accountability into the system in 2008 we kept talking about how there was too much concentration in the banking industry. I remember this! I was on television talking about it. I talked to reporters about it. And now thereas more concentration than there was then. We moved in exactly the wrong direction.
EK: And the thing that worries me about that, at least when applied to this crisis, is that if you think about the appetite for risk being a contributor to bubbles and blowups, weare not even five years out from Lehman. Regulators are looking over everyoneas shoulder. Youad expect the appetite for risk to be very low right now. And even in this atmosphere, JP Morgan managed to blow up billions of dollars in insanely complex derivatives.
EW: And when Jamie Dimon is holding himself out as the hero of the day for having been the worldas most prudent banker. All of that is going on at the same time. The moment of once-burned, twice-shy, passed quickly! The bankers have been ready to get right back into playing with matches and firecrackers and every other combustible thing they can find. Thatas why I think this is really about the system, not Dimon. If JP Morgan has to admit to taking on risks that would cause a $2 billion loss, whatas happening at the other financial institutions, the ones that havenat held themselves out as models of prudence? No one knows because there is no effective oversight.
EK: Can Dodd-Frank work if itas effectively implemented?
EW: I think Dodd-Frank is a strong bill that moves in the right direction. But the market keeps changing. The practices keep changing. The idea that weall pass one law and then declare that problem is solved, weall be back again in 50 years, just doesnat work anymore. We had a double problem here: Both deregulation and the failure to adapt to new financial conditions and products and practices. Thatas what permitted risk to multiply in the system until it nearly brought the economy to its knees.
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Stein, a Harvard economics professor, was confirmed 70-24. Powell, a banker who served in George H.W. Bush’s Treasury Department, was confirmed 74-21. Neither seems evidently more qualified than Nobel laureate Peter Diamond, who Republicans filibustered last year. But the Obama administration’s ‘Noah’s Ark’ strategy — nominate one Republican and one Democrat — worked. Furthermore, the predicted collapse of the confirmation process after Obama recess appointed Richard Cordray to the Consumer Financial Protection Bureau hasn’t happened. So that’s another piece of good news.

Elizabeth Warren, who is running for Senate in Massachusetts, thinks JP Morgan Chase CEO Jamie Dimon should resign his seat on the New York Federal Reserve. Beating up on Dimon is, of course, a popular position among politicians right now, but Warren has special credibility on this point: She chaired the congressional oversight panel on TARP from 2008 to 2010, and led the Consumer Financial Protection Bureau from 2010 to 2011. We spoke by phone Monday afternoon. A lightly edited transcript follows.