Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


Groundhog Day. (fp)

Banned in Tucson. (kw)

The Best and Worst of 2011 in Race and Law (kw)

Tortured to death for trespassing. (fp)

Drones of contention. (fp)

DOJ still coddling banks. (fp)

Creative destruction? Thank banks. (fp)

Blog about a new book, on how to talk to little girls--stressing smarts not cutes.   LAC

Macey on the heroic Rakoff. (fp)

Captured NY Fed. (fp)


solicitors

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Joe on Employment Division v. Smith is Wrong

    • Shag from Brookline on Employment Division v. Smith is Wrong

    • Joe on On the Servicing Settlement

    • Shag from Brookline on Employment Division v. Smith is Wrong

    • Shag from Brookline on On the Servicing Settlement

    • A.J. Sutter on Employment Division v. Smith is Wrong

    • A.J. Sutter on Did Rahm Learn Anything From Cass?

    • Joe on Employment Division v. Smith is Wrong

    • Shag from Brookline on Employment Division v. Smith is Wrong

    • Bill Reynolds on Did Rahm Learn Anything From Cass?

    • brainfish2 on Employment Division v. Smith is Wrong

    • A.J. Sutter on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Patrick S. O'Donnell on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Patrick S. O'Donnell on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Joe on Same-Sex Marriage Opinion
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

Can Financial Innovation Save us From Financial Innovation?

posted by Nate Oman

Robert Shiller of “Irrational Exuberance” fame is coming in for some well-deserved kudos for calling the housing bubble a bubble back when it was still a bubble. If you haven’t heard it yet, I strongly suggest listening to the most recent episode of the EconTalk podcast where Russ Roberts interviews Shiller about the mortgage crisis. I was surprised to hear Schiller talk about solutions to the subprime mortgage problem, particularly in light of how I’ve seen Shiller cited as an authority by the financial-innovation-is-a-scam-for-the-benefit-of-Wall-Street variety pundit.

At least on the EconTalk podcast, Shiller was frankly willing to admit the virtues of subprime lending and refused to excoriate asset securitization. Indeed, he was celebratory about the benefits of bundling and selling mortgages. Rather, he advocated what he called a continuous work-out mortgage in which the payments are tied to the index of housing prices. (The creation of such a reliable index is actually a fairly recent phenomena and one for which Shiller deserves credit.) The effect of such a mortgage loan would be to shift much of the risk of shifting home prices from borrowers to lenders. It seems to me that the predictable result of such a move would be to increase interest rates and price a lot of folks out of the home market. Perhaps this is not such a bad idea if we think that housing bubbles represent some sort of recurrent economic risk requiring a systemic response.

This, however, is not what Shiller seems to want. Rather, he suggested that salvation lies in a thick housing futures market, something that does not currently exist. The creation of such a market would allow lenders to hedge against the risk that Shiller’s continuous work-out mortgage would assign to them. In the happy version of the story, the buyers get a house and the lenders get paid and all of the risk of asset prices is diversified away into global capital markets. Of course, Shiller’s proposed future market in housing is not a straight-out credit derivative like the credit-default swaps that brought down AIG (or at anyrate that brought in the feds), but they are awfully close. Rather than betting against borrower default one would be betting against a shift in asset prices that would effect the value of the payment stream from a borrower.

I’ve no idea if Shiller is right or not, but I did find it striking that in the midst of the excoriation of derivatives, the prophet of many a market basher sees financial innovation as the solution rather than the problem.


 September 21, 2008 at 8:25 pm   Posted in: Contract Law & Beyond   Print This Post Print This Post

Responses (4)

  1. Jon Garfunkel - September 23, 2008 at 12:18 am

    Nate– I see that there is no ‘c’ in Shiller. I have a pet google I’m trying to train to spell. Google can spot the spelling error, but it indexes “continuous-workout mortgages” without the hyphen breaking up work-out (in case folks are looking for more info– a search on that phrase leads to a Times article from this weekend.; another link is to Frank’s post from last week).

    I haven’t yet found any article critically analyzing the CWM. Surely Shiller has an answer for this– suppose that CWM had existed in 2000 as a substitute for the low-money-down loans. Incomes stayed flat for 2000-05, but housing went up 50%. How would that have worked favorable for borrowers? (I suppose it would have chilled the market somwhat… but so would responsible lending, no?)

    FTR, Krugman has cited PIMCO’s Paul McCulley as one of the earliest to predict the housing bubble in 2001, figuring that the Fed would want to substitute the housing bubble for the stock bubble.

  2. A.J. Sutter - September 23, 2008 at 11:34 am

    On p. 151 of Shiller’s new book, “The Subprime Solution” (Princeton UP, August 2008), he quotes with approval Stewart Mayhew to this effect: “‘The empirical evidence suggests that the introduction of derivatives does not destabilize the underlying market — either there is no effect or there is a decline in volatility — and that the introduction of derivatives tends to improve the liquidity and informativeness of markets.’” The book doesn’t mention anything about credit default swaps.

    According to Shiller, the sole cause of the subprime crisis was “the social contagion of boom thinking” (@41); lenders, the investors in the loans they sold off, and rating agencies also all believed there would be no bursting of the bubble, and Greenspan & other regulators didn’t “believe that there could ever be a housing crisis of the proprotions we are seeing today” (@50-51). Loose monetary policy was a “product” of the bubble, and not an exogenous cause (@ 48-49). The source (or at least, “disporportionate” source) of this contagion was subprime borrowers who “were consumed by the mere thought of somehow gaining a foothold in the housing market” (@50). I suppose they are also to blame for CDSs.

    Low-cost, government-subsidized financial advice to low-income people is part of Shiller’s cure. Had people received “one-on-one, Suze Orman-style” advice from “trusted advisers[,] [t]he crisis might never have occurred” (@126). Surely “most” financial advisers “must have at least had some sense that the housing boom might not continue” (@127) — notwithstanding that even ratings agencies and Fed officials either didn’t believe this or didn’t recognize its implications.

    His book also includes a big defense of “bailouts” — but for “preventing distress among people of modest means,” i.e. borrowers (@111). Yet in a 09/20 interview with Forbes, he said of the current bailouts, “[I]t sounds like they’re kind of doing what I proposed in my chapter [in The Subprime Solution] on bailouts.” See http://www.forbes.com/2008/09/20/shiller-buble-economy-biz-wall-cx_jz_0920shillerqa . Kind of, but not exactly — they’re bailing out different folks.

    Yes, the guy predicted the bursting of two bubbles, but sorry if I’m not buying his solutions this time.

  3. Is There a Market for “Conscious Capitalists”? - Freakonomics Blog - NYTimes.com - May 7, 2009 at 11:41 am

    [...] to privatizing rather than nationalizing, I’d like to see legalized prediction markets, so that more information on price trends is available to more people early on, thus reducing the scale and cost of the speculative [...]

  4. waltinseattle - March 29, 2010 at 5:57 pm

    Shiller “refused to excoriate asset securitization.” I frankly think that’s head in the sand ignorance of the realities behind the theory. Generally, I wince when I hear “all other things being equal.” As the theory behind securitization assumes (most erroniously , I think has been proven) that a large random set of securities (mortgages) guarantees against “systemic” catastrophies ruining the aggrgate product value (of the bundled mortgages). I can, with cause, say that they are using 19th century math in a 21st century context. It more than verges on hubris to pretend, as they do, that safety has been “secured” by the processes used.

    Since an aspect of the meltdown was that the firms were relying on carry trade to such a degree, I find it funny to worry about the long marginalized “little guy” who has money in the sausage maker. Funny to wory at the back end, and not at the front end. Funny to worry after the margins and exposures put them at risk in a game they should not have been funding. Let the carry trade player cover his own chip buy-in. Anything else is, frankly, another form of theft!

    I hope this is not somewhat off topic.

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Derek Bambauer
Gabriella Coleman
andré douglas pond cummings
David Gray
Brishen Rogers
Joseph Turow
Elizabeth A. Wilson













Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Meredith Harbach
Michelle Harner
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schraub
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress