Regulating Risky Business: Dilemmas in Security Regulation*

This paper examines the dilemma of regulating the complex and highly differentiated stock market. I argue that regulations, with legitimacy needs for status neutrality, serve mostly to protect investors with limited capacity for managing risk on their own. In competitive markets, players with greater capacity for risk management (e.g., access to market intelligence, sizeable reserves to cushion losses and enhanced technologies for risk assessment) seek out new arrangements for managing risk. These new privatized forms of risk management interact with the markets and market regulation in ways that undermine the regulatory program for those who depend on it most. I illustrate this form of regulatory bias by examining events surrounding Black Monday, the stock market crash of October 1987.