University of Colorado Law School Colorado Law Scholarly Commons Articles Colorado Law Faculty Scholarship 2020 Against Regulatory Stimulus Erik F. Gerding University of Colorado Law School Follow this and additional works at: https://scholar.law.colorado.edu/articles Part of the Administrative Law Commons, Banking and Finance Law Commons, Law and Economics Commons, and the Legislation Commons Citation Information Erik F. Gerding, Against Regulatory Stimulus, 83 LAW & CONTEMP. PROBS. 49 (2020), available at https://scholar.law.colorado.edu/articles/1268. Copyright Statement Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required. This Article is brought to you for free and open access by the Colorado Law Faculty Scholarship at Colorado Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Colorado Law Scholarly Commons. For more information, please contact
[email protected]. BOOK PROOF -G ERDING (DO NOT DELETE) 3/1/2020 10:34 PM AGAINST REGULATORY STIMULUS ERIK F. GERDING* I INTRODUCTION The 2012 JOBS Act1 deserves close scrutiny not only because of its impact on federal securities laws, but because it represented an attempt by Congress to use deregulation as a macroeconomic tool to jumpstart growth. When enacted in 2012, the U.S. economy was still struggling to recover from the global financial crisis. After the crisis, traditional macroeconomic tools were either rendered ineffective or appeared politically infeasible. Interest rates were already close to zero, and fears grew that global economies had entered a “liquidity trap.”2 Meanwhile, the Republican-controlled House of Representatives consistently blocked Democrats’ fiscal spending initiatives.