Selected Publications




Selected Publications

  • THE TROJAN HORSE REVISITED, SEC. ARB. COMMENTATOR No 4 at 1 (Mar. 2013)
  • Quoted in FORBES Article, ED KOCH'S WILL: TAXES TAKE BIG BITE OUT OF HIZZONER'S NEST EGG, Prsonal Finance (3/15/13) at www.forbes.com/sites/deborahjacobs/2013/03/15/ed-kochs-will-taxes-take-big-bite-out-of-hizzoners-nest-egg.
  • Prepared FORWARD TO TWELTH ALBERT A. DESTEFANO LECTURE (2012) featurin James B. Stewart's remarks entitled, Hiding Behind the Corporate Veil, 18 Fordham Journal of Corporate and Financial Law (2012)
  • Published Commentary entitled WHAT HAPPENED TO THE "UP-TICK" RULE? in "THE HILL", Dec. 8, 2011 at http://thehill.com/blogs/...a.../198145whathappened_to_the_up_tick_rule.
  • Prepared FOREWARD TO THE ELEVENTH ALBERT A. DESTEFANO LECTURE (2011) featuring Hon. Jed S. Rakoff's remarks entitled: Are Federal Judges Competant?  Dilettantes in an Age of Economic Expertise, 17 Fordham Journal of Corporate and Financial Law 1 (2011).
  • Published Commentary entitled OBAMA TAX REFORMS ARE MISGUIDED in "THE HILL", Sept. 30, 2011 at http://thehill.com/blogs/congress-blog/economy-a-budget/184857-obama-tax-reforms-are-misguided.
  • FOREWARD TO ALBERT A. DESTEFANO LECTURE ON "CORPORATE ACCOUNTABILITY: GOVERNANCE AND COMPENSATION ISSUES,"  16 Fordham Journal of Corporate and Financial Law 1 (2010);
  • Interviewed and appeared on DAN RATHER REPORTS Featuring The Fordham Law Securities Arbitration Clinic (Nov., 2009);
  • FOREWARD TO THE ALBERT A. DESTEFANO LECTURE ON IS CHAPTER 11 DEAD, 15 Fordham Journal of Corporate and Financial Law 2 (2009).
  • Letter to Editor on The Attractions of Night School, U.S. News & World Report, May 2009 at 10.
  • Petitioned SEC urging reinstatement of "up-tick rule" regarding short selling in the securities markets (March 4, 2009) and posted as comment letter to SEC's meeting of April 8, 2009 which considered changes regarding short sales.
  • Published Interview "A LEGAL MIND WITH NO QUIT IN IT", N.Y.Times, Dec. 12, 2008, at A36;
  • "SECURITIES ARBITRATORS DO NOT GROW ON TREES", 14 Fordham Journal of Corproate and Fianacial Law 49 (2008);
  • "FOREWORD TO THE ALBERT DESTEFANO LECTURE ON THE SUBPRIME MORTGAGE MELTDOWN AND THE GLOBAL FINANCIAL CRISIS, 14 Fordham Journal of Corporate and Financial Law 5 (2008);
  • "SECURITIES ADR", Chapter VIII American Arbitration Principales and Practic,Practicing Law Institute (2008);
  • "A TRIBUTE TO THE FORDHAM JUDICIARY: A CENTURY OF SERVICE", 75 Fordham L. Rev. 2303 (2007);
  • Co-authored "WINNING OVER ARBITRATORS-A DOZEN HELPFUL HINTS FOR A SUCCESSFUL AWARD," PLI SECURITIES ARBITRATION 2007 (2007);
  • "HAVE PRE-HEARING MOTIONS TO DISMISS BECOME ABUSIVE IN SRO ARBITRATIONS?", SEC. ARB. COMMENTATOR, No. 5 at 1 (Nov. 2006);
  • "ROADMAP TO SECURITIES ADR", 11 Fordham Journal of Corporate and Financial Law 413 (2006)
  • Testified on March 17, 2005 before U.S. CONGRESSIONAL COMMITTEE ON FINANCIAL SERVICES regarding the Arbitration of Securities Disputes;
  • "Beware Of What You Ask For: You Might Just Get It" 2005 SEC. ARB. COMMENTATOR, No. 2 at 1. (Feb., 2005);
  • "A Life Without SICA", 2004 SEC. ARB. COMMENTATOR, No. 5 at 1 (July, 2004);
  • "Post Sawtelle Tremors: Arbitration Faces New Questions About the Sustainability of Punitive Awards", ALTERNATIVES, Vol. 22 No. 4 (May, 2004);
  • "The Composition of SRO Panels?", 2003 SEC. ARB. COMMENTATOR No. 6 at 3 (Oct., 2003);
  • "The Six Year Rule: To Be Or Not To Be", SEC. ARB. COMMENTATOR No. 5 at 4 (Sept., 2003);
  • "The Urban Law Journal: A New Millennium", 60 Fordham Urban L.J. No. 5 (2003);
  • LECTURER/PANELIST at Symposium entitled "Arbitration in Securities" held in Cairo, EGYPT, co-sponsored by the N.Y.S.E. and the Cairo & Alexandria Stock Exchanges (March 2003);
  • Moderated and Edited Symposium "Enron What Went Wrong?", 8 Fordham Journal of Corporate and Financial Law 2S1 (2002);
  • Edited "Fordham Law and the United States Supreme Court: A Selected Portrait", which was distributed to the Fordham alumni as well as to all federal judges throughout the United States (2002);
  • "Semper Fidelis: A Tribute to John Feerick", 70 Ford. L. Rev. 2173 (May, 2002);
  • "Farewell To An Old Friend", 29 Ford. Urb. L.J. 9 (2002);
  • FOREWORD to The Albert A. DeStefano Symposium on SEC Regulation Fair Disclosure, 6 Ford. J. Corp. Fin. L. (2001);
  • "The Resolution of Securities Disputes", 6 Fordham Journal of Corporate and Financial Law 307 (2001);
  • "Advocacy With Civility: A Prescription for Success", NASD NEUTRAL CORNER, January 2001;
  • LECTURER/PANELIST at Symposium entitled "Arbitration in Securities Industry" in Moscow, RUSSIA, co-sponsored by the NYSE and the Moscow Interbank Currency exchange (April 2000);
  • "The Trojan Horse: Love It Or Leave It", 11 SEC. ARB. COMMENTATOR No. 1 at 1 (Oct. 99);
  • "Riding the Trojan Horse Back to Wilko?", 10 SEC. ARB. COMMENTATOR No. 7 at 1 (July, 1999);
  • Foreword to "What's New in the Financial Services Industry?", 3 Fordham Finance, Securities and Tax Law Forum 1 (1998);
  • "An Arbitrator's Perceptive", Vol. 1 Practicing Law Institute - Securities Arbitration 1998, 317;
  • "Securities Arbitration: A Clinical Experience" 25 Fordham Urban L.J. 193 (1998).
  • Foreword to “Reshaping Corporate and Shareholder Activism for the 21st Century”, 2 Fordham Finance, Securities and Tax Law Forum 1 (1997);
  • Foreword to "Globalization of the Equity Markets", 20 Fordham International Law Journal 1105 (1997);
  • "The Betrayal of Mc Mahon", 24 Fordham Urban Law Journal 221 (1997);
  • "Ruder Report is a Delicate Compromise", 14 Alternatives 29 (1996);
  • "SICA: The First Twenty Years", 23 Fordham Urban Law Journal 483 (1996);
  • "Mastrobuono: Not the Last Word on Punitives", 13 Alternatives 29 (1995);
  • Foreword to "New York Stock Exchange Inc. - Symposium on Arbitration in the Securities Industry", 63 Fordham Law Review 1495 (1995);
  • "Punitive Damages in Securities Arbitration: The Tower of Babel Revisited", 18 Fordham Urban Law Journal 573 (1991).;
  • "The Fordham Urban Law Journal: Twenty Years of Progress", 19 Fordham Urban Law Journal 915 (1992);
  • "Entering the U.S. Securities Markets: Opportunities and Risks for Foreign Companies," 17 Fordham Intl. Law J. S1 (1993);
  • "SICA Does the Bell Toll for Thee?", 6 SEC. ARB. COMMENTATOR No. 1 at 1 (Jan. 94);
  • "Should McMahon Be Revisited?," 59 Brooklyn Law R. 1113 (1994);
  • "How Do You Say Goodbye?", 63 Fordham Law Review 933 (1995);
  • "I Won't Sit Without A Record" SEC. ARB. COMMENTATOR (Sept., 1990);
  • "The Level Playing Field" 17 Fordham Urban Law Journal 419 (1990).;
  • "Adjournments: The Arbitration Virus" , SEC. ARB. COMMENTATOR (Jan., 1989);
  • Testified on Mar. 31, 1988 at Congressional Hearings on Securities Arbitration before House Subcommittee on Telecommunications & Finance which was published by that Committee as part of its Official Report on HR 4960;
  • "Securities Arbitration After McMahon", 16 Fordham Urban Law Journal 3 (1988);
  • "The New York State Tax Windfall", 15 Fordham Urban Law Journal 199 (1986-7);
  • "The Securities Arbitrators Nightmare", 14 Fordham Urban Law Journal 3 (1985-6);
  • "The Arbitration of a Public Securities Dispute", 53 Fordham Law Review 279 (1984).
  • "The Double Jeopardy of Corporate Profits", which appeared in 19 Buffalo Rev. 1 (1980);
  • As a Public Member of the SECURITIES INDUSTRY CONFERENCE ON ARBITRATION (SICA), participated in the preparation of SICA's FIRST REPORT (1977), SECOND REPORT (1978), THIRD REPORT (1980), FOURTH REPORT (1984), FIFTH REPORT (1986), SIXTH REPORT (1989), SEVENTH REPORT (1991), EIGHTH REPORT (1994), NINTH REPORT (1996), TENTH REPORT (1998), ELEVENTH REPORT (2001), TWELFTH REPORT (2003), THIRTEENTH REPORT (2005) and FOURTEENTH REPORT (2009) to the Securities & Exchange Commission;
  • Testified on December 8, 1977 before SEC in support of uniform securities arbitration which testimony was published at 29 De Paul Law Review 693 at 720 (1980);
  • "City's Death Tax and Its Possible Effects," New York Law Journal, Jan. 29,1976, page 1, col. 2;
  • "In Defense of Capital Gains", 42 Fordham Law Review 1 (1973);
    "Measures to Reduce Accountants' Public Liability Exposure", Vol. XL The New York Certified Public Accountant No. 1, p. 36 (January, 1970);
  • "Accountant's Liability: Where Will It End?", 5 Trial Magazine No. 4, p. 41 (June/July 1969);
  • "Accountants' Third Party Liability - How Far Do We Go?", 36 Fordham” Law Review 191 (1967);
  • "Confidential Communications - The Accountants' Dilemma", 35 Fordham Law Review 51 (1966);
  • As Research Counsel to BENNETT COMMISSION, contributed to and/or assisted in publication of FOURTH REPORT (1965), FIFTH REPORT (1966), and FINAL REPORT (1967), which dealt with the Modernization, Revision and Simplification of the Law of Estates in the State of New York.