Albany Law Review

A student-run journal that publishes critical and analytical articles written by judges, lawyers, and law school professors, as well as notes and comments on legal topics written by Law Review members and other Albany Law School students. Academic and pro

Articles from Vol. 73, No. 2, Winter

After the Storm: Unmasking Publicly-Traded Private Equity Firms to Create Value through Shareholder Democracy
I. INTRODUCTION On June 21, 2007, The Blackstone Group L.P. ("Blackstone"), a prominent private equity firm, conducted its initial public offering ("IPO") of 133.3 million shares of "common units representing limited partner interests," raising...
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
In the first few weeks of December 2008, Bernard L. Madoff confessed to running what he described as, "basically, a giant Ponzi scheme." (1) In reality, what Madoff described in such modest terms was a scheme of massive proportions, what has been referred...
Banks and Brokers and Bricks and Clicks: An Evaluation of FINRA's Proposal to Modify the "Bank Broker-Dealer Rule"
I. INTRODUCTION Paula P., a risk-averse individual with no investment experience and no significant assets, (1) walks into her local bank branch recently, intending to renew her one year Certificate of Deposit ("CD") and seeking interest on her...
Calling Their Shots: Miffed Minor Leaguers, the Steroid Scandal, and Examining the Use of Section 1 of the Sherman Act to Hold MLB Accountable
I. INTRODUCTION In the seasons that followed Major League Baseball's (1) ("MLB") notorious 1994-95 players' strike, (2) professional baseball received a much needed injection of fan enthusiasm via a surge of homerun hitting that revived the sport...
"Eating Your Seed Corn": A Note on New York State's Fiscal Policy from Lieutenant Governor Ravitch
I. INTRODUCTION When I think of the state of New York's finances, I often think of the term in farming "eating your seed corn." Before a farmer sells or eats the corn he has harvested, he puts aside part of his crop as seed for next year's planting....
Main Street, Wall Street, and K Street: Regulating Financial Markets in New York and Beyond
The financial services industry has long been one of New York's leading engines of economic growth. The "Great Recession" of 2008-2009, however, put the industry--and everything it affects--under tremendous stress, leading to financial losses, unemployment,...
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
In June 2005, United States District Court Judge Janis Graham Jack of the Southern District of Texas issued a landmark opinion declaring that all but one of ten thousand cases aggregated for pretrial purposes under Multidistrict Litigation ("MDL")...
Review of the Policy Debate over Short Sale Regulation during the Market Crisis
I. INTRODUCTION This article summarizes the recent history of short sale regulation, and academic research on the subject. It then discusses the impact of the market crisis beginning in 2007 on short sale regulation, the current debate over the...
So You Think You Want to Buy a Bank?
I. INTRODUCTION Among the fallout of the recent financial crisis has been something of a fire sale on weak or failing banks. During 2009, the number of problem banks on the "watch list" maintained by the Federal Deposit Insurance Corporation ("FDIC")...
Transparency and Bank Supervision
ABSTRACT This article intends to (i) identify the recent rapid development of the transparency phenomenon in the context of financial services, while noting its relative lack of definition and practical application in jurisprudence and regulatory...
What the Financial Services Industry Puts Together Let No Person Put Asunder: How the Gramm-Leach-Bliley Act Contributed to the 2008-2009 American Capital Markets Crisis
ABSTRACT The current subprime financial crisis has shaped up to be one of the most dramatic and impactful events in the past few decades. No one particular factor fully accounts for why the American economy suffered setbacks unseen since the Great...

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.