Todd Zywicki

Todd J. Zywicki is George Mason University Foundation Professor of Law at George Mason University School of Law and Senior Fellow of the Mercatus Center. He is the co-author of “Consumer Credit and the American Economy” with Thomas A. Durkin, Gregory Elliehausen, and Michael E. Staten (Oxford University Press, 2014).

Decoherence . . . Or Incoherence?

Philip Wallach proposes the addition of a new term to our analysis of regulatory jargon—regulatory “decoherence.” I have no inherent objection to coining a new term: jargon can illuminate or obscure. In this case, however, Wallach has coined a new term when a perfectly valid old term would do—the problem with government regulatory policy is not decoherence, it is incoherence. And it is not a new phenomenon, but instead it reflects an inherent and permanent problem of government, although one that has worsened over time as big government has grown in its powers and attempted to regulate in areas and ways…

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Adhocracy or Capture?

A prime example of the “adhocracy” that Philip Wallach refers to in his Liberty Forum essay is presented in his book To the Edge. He there describes as “adhocracy” the response to the 2008 financial crisis by the Bush and Obama administrations. For Wallach, the government’s actions amounted to “adhocracy” because they were “an unpredictable…

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Government Decoherence and Its Discontents – Wallach Responds to His Critics

What is required to maintain complex national policies and adjust them to the realities of a changing world—and to do so in a way that produces legitimate policies?  However we answer this, is our current institutional matrix up to the task? My suggestion of the term “decoherence” to organize thinking about these questions implies answers to…

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A Paradoxical Ascent

true paradox

Christian apologetics—and, one suspects, arguments generally—can take two basic forms: they can be directed toward trying to persuade others of the truth of one’s position or they can be self-reflective, focusing on arguments that one finds personally persuasive and to explain one’s personal conviction as to why one argument is more persuasive than another. In True Paradox: How Christianity Makes Sense of our Complex World, David Skeel, the S. Samuel Arsht Professor of Corporate Law at Pennsylvania Law School, has written a book that is an exemplar of the latter. Rather than seeking directly to persuade the reader of the truth of Christianity, Skeel's apologia instead reads…

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Who’s Afraid of Consumer Credit? A Discussion with Todd Zywicki


The market for consumer credit has been subjected to an ever increasing amount of federal regulation since the 2008 crisis. The Dodd-Frank Act created the Consumer Financial Protection Bureau to intervene in consumer credit markets and protect us from the rapacious lenders who devour household income and place consumers in unmanageable levels of debt through stealth and manipulative business practices. The predictable results have been a marginal increase in the cost of credit and its decreasing availability to lower income consumers as the CFPB’s rules price them out of this market. Todd Zywicki, co-author of Consumer Credit and the American…

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Your Credit History (the Accurate Version)

Wallet with cards

The story is a familiar one: Irresponsible consumers and rapacious borrowers collide in a frenzy of consumption that takes down the American economy and banking system. Only heavy-handed government regulation can rein in the excesses, providing comprehensive regulation of the consumer-credit economy and protecting vulnerable groups of Americans from exploitation by lenders who goad consumers to take on more debt than they can handle to sustain a consumerist lifestyle they can’t afford.

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When Friedrich Hayek Met Bruno Leoni

This year would have been Bruno Leoni’s 101st birthday but for his tragically early death in 1967. Leoni was an Italian lawyer cum academic who was one of Europe’s leading classical liberal thinkers in the post-War era. Friend to the leading classical liberals of the age—counting Hayek, Buchanan, and Alchian as friends—Leoni was not only a pioneer of law and economics thinking but also an early adopter of public choice theory.

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The Connection Between Individual Liberty and Article III Courts

On January 14, the Supreme Court heard oral arguments on an issue that may seem somewhat dry and technical to the average person, whether parties to a bankruptcy case can consent to have a Bankruptcy Judge enter a final order resolving their claims in a bankruptcy case. Contrary to the seemingly narrow and special nature of the issue, however, the outcome of the case could have profound implications for individual rights and the administration of justice in the federal courts.

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The Corporatist Legacy of the Auto Bailouts

Events of the past month have brought to a close the unique experience of the U.S. government’s auto bailouts. In early December the government sold its last remaining stake in General Motors. And at the dawn of the New Year the United Auto Workers health care trust sold its stock in Chrysler to Fiat for $4.35 billion, giving the Italian automaker 100% ownership of the company.

The Treasury Department estimates that in the end it will lose approximately $10 billion on its $49.5 billion investment in General Motors. Despite this extraordinary negative return on taxpayer dollars, President Obama took to the airwaves to tout the deal as a successful “bet [that] paid off,” and that the bailout saved the American auto industry from “collapse” and, implicitly, that the loss of billions of taxpayer dollars was worth it to save the industry.

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Making Financial Regulation AntiFragile


Nassim Nicholas Taleb, best-known for his theory of “the black swan,” is back with a new book, Antifragile: Things that Gain from Disorder. A sprawling, somewhat disorderly book (although it is far from clear that the book gains from its own disorder), Taleb’s latest entry is also a provocative, insightful book that holds the potential to provide a new approach to many social and economic issues, particularly issues of finance and financial regulation. Taleb’s central contribution in this book is to introduce a new analytical concept into our understanding of the world—antifragility—and to explore the way in which becoming aware of…

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The Next Financial Crisis: What Will the Market ‘Expect’?


In signing the Dodd-Frank Financial Reform Act President Obama claimed to much applause, “And finally, because of this law, the American people will never again be asked to foot the bill for Wall Street’s mistakes. (Applause.)  There will be no more tax-funded bailouts -- period. (Applause.)  If a large financial institution should ever fail, this reform gives us the ability to wind it down without endangering the broader economy.  And there will be new rules to make clear that no firm is somehow protected because it is ‘too big to fail,’ so we don’t have another AIG.” Yet there is a…

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Policy-Based Evidence-Making at the CFPB II: Response to Adam Levitin

Thank you to my friend Adam Levitin for engaging me on my critique of the CFPB’s recently-issued—but potentially invalid—“Ability to Pay” and “Qualified Mortgage” rules.  One thing I particularly enjoy in engaging with Adam is that I can follow the logic of his argument and the data to which he is relying, which makes such dialogues useful because it makes it possible to clarify the relevant issues rather than obscuring them.  That’s not always the case and I appreciate Adam’s clarity of exposition.

Allow me to summarize my original post.  My goal was to assess the CFPB’s claim that its extraordinary independence from standard oversight and accountability procedures is justified in light of its claim to be an “evidence-based policy-making” body, constrained by the “data” and thus it needn’t be constrained by other typical accountability measures such as a bipartisan agency structure, Presidential removal power, or effective congressional oversight through the appropriations process.

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