Works in Progress
The Securities Investor Protection Act, Microcap Fraud and
Revised Article 8: Time for Reform.
Revised Article 9 of the Uniform Commercial Code and the
Consumer.
Law Review Articles
Good Enough Execution: The Early History of the Duty of Best
Execution, Pace Law Review (forthcoming)
When Deference Becomes Abdication: Immunizing Widespread
Broker-Dealer Practices from Judicial Review through the
Possibility of SEC Oversight , 73 Mississippi Law Journal
1 (2003).
Father Knows Best: Revised Article 8 and the Individual
Investor, 27 Florida State University Law Review 615
(2000).
Co-author of Avoiding the Inevitable: The Continuing
Viability of StateLaw Claims in the Face of Primary
Jurisdiction and Preemption Challenges under the Securities
Exchange Act of 1934, 1995 Columbia Business Law Review
525. Cited in "Worth Reading" column of The National Law
Journal.
Illegal Lofts in New York City: Have the Equities Been
Balanced?, 14 Fordham Urban Law Journal 559 (1986).
Legal Periodical Articles
Reviewing Article 8’s Revised Collusion Standard in New
York Law Journal, March 27, 2001, page 1.
Legislature Mulls Change of Article 8 in New York Law
Journal, October 17, 1996, page 7; reprinted in UCC Bulletin (April
1997).
Co-author of Order Flow Cases: Jurisdiction,
Preemption and Securities Laws in New York Law Journal, May 9,
1995, page 1.
Co-author of Double Jeopardy Issues in the Financial
Sector in New York Law Journal, August 3, 1994, page 1;
reprinted in 20 RICO Law Reporter 1139 (1994).
Book Essays and Reviews
Review essay of Project Finance in 11 Boston University
International Law Journal 165 (1993).
Book review of Legal Realism at Yale, 1927-1960 in 34 The
American Journal of Jurisprudence 252 (1989).
Book review of Lawyers in Business and the Law Business in 21
Law and Policy in International Business 309 (1989).
Continuing Legal Education Publications
Case Study: Paper Deinking Mills, a paper presented at
a seminar on Project Finance Opportunities in Recent Environmental
Legislation (1992).
Co-author of Negotiating Debt and Equity Documents for
Construction and Operation (and a related case study) in
Course Handbook for Project Finance: A Tutorial (Infocast ed.,
Chicago, 1991 & 1992).
Bar Association Reports
Uniform State Laws Committee, Association of the Bar of the City
of New York, Revised Article 1 of the Uniform Commercial
Code, 59 The Record 176 (2004) (abbreviated version); http://www.abcny.org/pdf/report/LEGALDOCS-1
(full version). I was the chair of the subcommittee that
drafted the report and had primary drafting responsibility for the
section on revised section 1-301, the new choice of law
section.