GW Law Faculty Publications & Other Works Faculty Scholarship 2016 Too Big and Unable to Fail Arthur E. Wilmarth Jr. George Washington University Law School,
[email protected] Stephen Lubben Seton Hall University School of Law Follow this and additional works at: https://scholarship.law.gwu.edu/faculty_publications Part of the Law Commons Recommended Citation Lubben, Stephen J. and Wilmarth, Arthur E., Too Big and Unable to Fail (2016). GWU Law School Public Law Research Paper No. 2016-44; Arthur E. Wilmarth, Jr. and Stephen J. Lubben, Too Big and Unable to Fail, 69 FLA. L. REV. 1205 (2017).; GWU Law School Public Law Research Paper No. 2016-44; GWU Legal Studies Research Paper No. 2016-44; Seton Hall Public Law Research Paper. Available at SSRN: https://ssrn.com/abstract=2839946 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in GW Law Faculty Publications & Other Works by an authorized administrator of Scholarly Commons. For more information, please contact
[email protected]. TOO BIG AND UNABLE TO FAIL Stephen J. Lubben* & Arthur E. Wilmarth, Jr.** Abstract Financial regulation after the Dodd-Frank Act has produced a blizzard of acronyms, many of which revolve around the “too big to fail” (TBTF) problem. OLA, OLF, SPOE, and TLAC are new regulatory tools that seek to build a new regime for resolving failures of systemically important financial institutions (SIFIs). The explicit goal of this new regime is to enable a SIFI to fail, just like United Airlines or Blockbuster Video, without requiring a government bailout.