Scott Colesanti

August 18, 2009 | New York Law Journal

J. Scott Colesanti, an assistant professor at Hofstra University School of Law, writes: Concerning securities regulation, the White House's proposed regulatory reform continues two time-honored trends: focusing on the monitors at the top (like the SEC), and specifically addressing those issues most readily blamed by an electorate (like over-extension of capital). While the reform's concentration of power in the Federal Reserve has garnered a fair share of critical press, what has been perhaps overlooked is how little the reform adds to previously proposed protections for ordinary stock market participants; stated more bluntly, the reform - while a broad map embodying careful political compromises - arguably offers retail investors less theoretical protections than did the prior administration.

By J. Scott Colesanti

11 minute read

February 25, 2009 | Corporate Counsel

All comments solicited as part of the Securities and Exchange Commission rule-making process are recorded, categorized and displayed on the SEC's Web site, thus providing a tale of each rule from proposal through implementation. And those rule-making histories reveal the SEC's undeniable contributions to two aggravating factors in the continuing economic crisis: failures to eliminate pernicious short selling and to address conflicts at the credit ratings agencies, says law professor J. Scott Colesanti.

By J. Scott Colesanti

11 minute read

February 20, 2009 | New York Law Journal

J. Scott Colesanti, an assistant professor at Hofstra University School of Law, writes that all comments solicited as part of the SEC's rule-making process are recorded, categorized and displayed on the SEC's Web site, thus providing a tale of each rule from proposal through implementation. And those rule-making histories reveal the SEC's undeniable contributions to two aggravating factors in the continuing economic crisis: failures to eliminate pernicious short selling and to address conflicts at the credit ratings agencies. In these areas, the SEC was expressly advised - even begged - by the public in recent years to implement wholesale changes, but proved as myopic as the market it was sworn to protect.

By J. Scott Colesanti

11 minute read