Wall Street Pays PhDs to Persuade the Courts and Congress

How much of a difference can one academic make? Last September, a federal court knocked down a proposed regulation concerning “position limits,” a provision of Dodd-Frank designed to limit the role of speculators in inflating the price of commodities like oil, wheat and aluminum. To understand how this came about, follow the path of the University of Houston’s Craig Pirrong, who plays a Zelig-like role in the story of how this rule—hated by both the big speculators and the private exchanges in which commodities are traded—came to face delays, legal setbacks and now an uncertain future.

While numerous studies have demonstrated, and even Goldman Sachs has conceded, that excessive speculation on crude oil has boosted the price of gasoline at the pump by billions of dollars for consumers, the impetus for reform can be traced to the record spike in gas prices in June of 2008. The following month, a congressional hearing was called on the role of speculators. That’s when Professor Pirrong’s assault began on what would later become part of Dodd-Frank.

In his testimony, Pirrong said that “speculation is not the cause of high prices for energy products” and that there is “no evidence” to the contrary. In fact, there is an abundance of research, including a 2006 report from the Senate Homeland Security Committee, about the role of speculators in driving up the price of energy products like crude oil. Nevertheless, Pirrong pressed on, advocating against action on speculation in a report for the libertarian Cato Institute, in an opinion column for CNN Money, and in comments to major media outlets like the Financial Times.   The Nation Reports

A Professor Testifies

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