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In 2009, the Third Circuit decided Hydrogen Peroxide, which announced a more rigorous standard under Federal Rule of Civil Procedure 23(b)(3) for assessing whether a putative class could establish antitrust injury. Earlier this year, the Supreme Court decided Comcast v. Behrend, a case that carries potentially broad implications for both antitrust cases and Rule 23(b)(3) class actions generally. A review of the case law starting with Hydrogen Peroxide and continuing through Comcast and its progeny reveals the new rigor in antitrust class action decisions and suggests what the future may hold, including the type of arguments that may provide defendants the most likely chance of defeating class certification. After Comcast, rigor under 23(b)(3) can no longer be avoided in assessing all class actions questions, and courts should now apply Daubert fully in the class setting concerning both impact and damages. Courts should also closely evaluate plaintiffs’ proposed methodologies for proving impact to determine if they apply to each class member. Finally, courts will inevitably have to determine how rigorously to scrutinize experts’ damages methodologies and whether Comcast requires or suggests more scrutiny in assessing common evidence for measuring damages.

This article responds to James Keyte, Paul Eckles, and Karen Lent’s article “From Hydrogen Peroxide to Comcast: The New Rigor in Antitrust Class Actions” (“The New Rigor”). It argues that The New Rigor offers valuable strategic advice to defense counsel – and insight into defense counsel’s strategic thinking – but is much less effective as an objective statement of the law or a normative argument for legal reform. In the parlance that I adopt, The New Rigor succeeds in the role of coach but much less so in the roles of commentator and critic.

The rapid growth of foreign private lending to microfinance institutions (MFIs) in the past several years has led to a surprising reversal of roles between government-owned development agencies and private lenders. Development institutions [International Financial Institutions (IFIs)] are concentrating their loans in the strongest MFIs, leaving private lenders to look for opportunities among smaller, riskier borrowers. Development institutions are “crowding” private lenders out of the best MFIs.

In April 2007, Banco Compartamos of Mexico held a public offering of its stock in which insiders sold 30 percent of their holdings. The sale was over-subscribed by 13 times, and Compartamos was soon worth $1.6 billion (for details of the story, see Rosenberg, 2007; Malkin, 2008; Accion International, 2007). A month before the offering, the Economist (2007) had written: “Compartamos may not be the biggest bank in Mexico, but it could be the most important.” Compartamos’ claim to importance stems from its clients – not from their elite status, but from the opposite. The bank describes them as low-income women, taking loans to support tiny enterprises like neighborhood shops or tortilla-making businesses. The loans the women seek are small – typically hundreds of dollars rather than many thousands – and the bank requires no collateral. It is a version of “microfinance,” the idea associated with Muhammad Yunus and Grameen Bank of Bangladesh, winners of the 2006 Nobel Peace Prize. For Yunus, microfinance can unleash the productivity of cash-starved entrepreneurs and raise their incomes above poverty lines. It is a vision of poverty reduction that centers on self-help rather than direct income redistribution.

The purpose of this exploratory study is to investigate the impact of sales education on recent graduates' career preparedness and understand how sales programs might prepare students better for successful sales careers. We investigate the known competencies leading to sales success that were, or were not, adequately developed by their university sales programs.

The authors collected and analyzed qualitative data from in-depth interviews with a sample of 20 recent university sales graduates working in a sales career. Over 23 h of interviews were transcribed and analyzed via NVivo. Braun and Clarke’s (2006) framework was applied in this study to code the data.

The study identifies that while respondents are positive about their overall sales education and feel confident about their knowledge of the sales process, they are not always confident in their ability to deal with ambiguity and the unknown. This study revealed that constructs of self-leadership and career choice self-efficacy deserve further consideration as components of the university sales program curriculum.

As with all exploratory research, there are limits to generalizability; however, this study revealed that the constructs of goal setting, self-leadership and self-knowledge hold promise for further study as a means to increase sales-related self-efficacy and career readiness.

Respondents were positive about their overall sales education experience but identified a need for more effective sales education in cold calling, prospecting and the inherent level of rejection to be prepared for inside sales positions in which sales graduates increasingly start their careers.

Lower turnover and better educational preparedness of sales program graduates clearly will accrue socioeconomic benefits.

This is the first study to examine the impact of sales education on recent graduates’ career preparedness and the first study for this journal to focus on sales as an area of professional competency and related sales pedagogy. Further, the qualitative methodology, which is relatively unique in sales research, provides rich data that is particularly useful for exploratory research to help provide a structure for universities to strengthen their sales programs through targeted training to help students enhance self-leadership and career preparedness.

The purpose of this paper is to summarize and provide excerpts from a two‐day roundtable on securities lending and short selling hosted by the Securities and Exchange Commission (SEC) on September 29‐30, 2009.

The paper provides summaries and participants' comments from two days of SEC commissioner's questions and panel discussions. Day one – securities lending: Panel 1 – overview of securities lending; Panel 2 – securities lending and investor protection concerns; Panel 3 – improving securities lending for the benefit of investors; Panel 4: the future of securities lending and potential regulatory solutions. Day two – short selling: Panel 1 – controls on “naked” short selling; Panel 2: making short sale disclosure more meaningful.

Many pension and mutual funds view securities lending as an investment activity. Securities lenders see cash collateral as an important risk. FINRA and the SEC have considered the need for increased transparency and the possible benefits of a central counterparty for securities lending. The securities lending market is highly regulated, including through requirements imposed by Regulation T, 15c3‐3, 15c3‐1, Regulation SHO, and ERISA guidelines. The SEC has considered “hard locate” and “pre‐borrow” requirements for short sales, which some market participants believe would be uneconomical. An estimated 50 percent of fails are from ETFs. The SEC has considered enhanced disclosure requirements for short sales, both anonymous and public, their possible effects on fraud prevention and market efficiency, and any harm they could do to market makers.

The paper provides a discussion by regulators and industry experts on the most important current regulatory issues related to securities lending and short selling.

This column aims to explore the important issue of developing native skills in the library profession in order to develop and maintain library applications.

Discusses the issue of developing native skills in the library profession in order to develop and maintain library applications.

This column is simply exploratory, and examines issues surrounding the utility and cost effectiveness of library developed software and the issue of related professional skills.

In order to prepare for the future and take the tools necessary to perform library work in the twenty‐first century, professional librarians and library staff members need to seriously evaluate their skill sets.

This column provides points of discussion for professional librarians and library staff concerning the issue of the skill sets required to develop and maintain library related software in order to meet the increasing demands of our patrons.

The purpose of this article is to describe the measures taken to deal with some issues affecting the LSE interlending and document delivery (IDD) department within the last two years.

The paper provides a descriptive approach.

There is a wide range of issues affecting document supply at present and a variety of approaches is needed to deal with them.

Some research was carried out by a colleague into user satisfaction and what developments users would like to see in the future.

LSE is a fairly unusual IDD department but the issues discussed will be familiar to many colleagues. This case study describes one way of dealing with them that may help colleagues make decisions in their own departments.