Vol. 73, Issue 2, 2010

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“EATING YOUR SEED CORN”: A NOTE ON NEW YORK STATE’S FISCAL POLICY FROM LIEUTENANT GOVERNOR RAVITCH

Richard Ravitch

This essay provides an outlook on New York State's fiscal condition.

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TRANSPARENCY AND BANK SUPERVISION

James E. Kelly

This article identifies the recent rapid development of the transparency phenomenon in financial services, while noting its relative lack of definition and practical application in jurisprudence and regulatory usage.

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SO YOU THINK YOU WANT TO BUY A BANK?
David L. Glass
This article reviews the legal impediments to investing in a bank or thrift institution by a non-banking investor.
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BANKS AND BROKERS AND BRICKS AND CLICKS: AN EVALUATION OF FINRA’S PROPOSAL TO MODIFY THE “BANK BROKER-DEALER RULE”
Jill I. GrossEdward Pekarek
This article evaluates the Financial Industry Regulatory Authority’s proposal to adopt a modified version of National Association of Securities Dealers Rule 2350, known as the “bank broker-dealer rule.”
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REVIEW OF THE POLICY DEBATE OVER SHORT SALE REGULATION DURING THE MARKET CRISIS
David P. McCaffrey
This article summarizes the recent history of short sale regulation, and academic research on the subject.
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RAND INSTITUTE FOR CIVIL JUSTICE REPORT ON THE ABUSE OF MEDICAL DIAGNOSTIC PRACTICES IN MASS TORT LITIGATION: LESSONS LEARNED FROM THE “PHANTOM” SILICA EPIDEMIC THAT MAY DETER LITIGATION SCREENING ABUSE
Mark A. BehrensCorey Schaecher
This review describes a report that carefully examines certain MDL 1553 litigation to identify lessons about the civil justice system’s ability to address abusive medical diagnostic practices.

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CALLING THEIR SHOTS: MIFFED MINOR LEAGUERS, THE STEROID SCANDAL, AND EXAMINING THE USE OF SECTION 1 OF THE SHERMAN ACT TO HOLD MLB ACCOUNTABLE

Jonathan D. Gillerman

This comment answers the question: Could former non-steroid using Minor League players successfully sue MLB and its club owners in an antitrust restraint of trade action?

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AFTER THE STORM: UNMASKING PUBLICLY-TRADED, PRIVATE EQUITY FIRMS TO CREATE VALUE THROUGH SHAREHOLDER DEMOCRACY

Trevor M. Gomberg

This comment concludes that private equity firms which choose to conduct an IPO should implement shareholder democracy.

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AIDING AND ABETTING, A MADOFF FAMILY AFFAIR: WHY SECONDARY ACTORS SHOULD BE HELD ACCOUNTABLE FOR SECURITIES FRAUD THROUGH THE RESTORATION OF THE PRIVATE RIGHT OF ACTION FOR AIDING AND ABETTING LIABILITY UNDER THE FEDERAL SECURITIES LAWS

Melissa C. Nunziato

This comment argues that secondary actors should be held accountable for securities fraud through the private right of action for aiding and abetting liability under the federal securities laws.

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