This Note examines credit derivatives, hedge funds, and the increase in systemic risk that results from the combination of the two. The issues considered include what method of regulation--entity, transaction, or self-regulation--provides the form and amount of disclosure that best addresses the risk that the markets as a whole will be affected by a financial shock. Emphasizing the role of traders and efficient capital markets, this Note proposes that a system of disclosure for derivatives similar to the Trade Reporting and Compliance Engine, or TRACE, system for corporate bonds would prevent rapid repricings that have the potential to shock the financial system.
Noah L. Wynkoop,
The Unregulables? The Perilous Confluence of Hedge Funds and Credit Derivatives,
76 Fordham L. Rev. 3095
Available at: http://ir.lawnet.fordham.edu/flr/vol76/iss6/15