"but what to do?" Hey Nate, I thought you were in favour of being able to short? How about preventing all shorts?

It all depends on the context.

We need regulation and a major paradigm shift in the direction of our institutions. But we need SMART regulation. Stupid regulation is worse than no regulation at all. And we cannot change the rules overnight lest there are unintended consequences. Changing the short-selling rules caused 10s of billions to leave our markets via closed/closing hedge funds. I know this for a fact. Its possibly much more. It adds to volatility and sends overvalued stocks higher and cheap stocks cheaper which then begets more panic and confusion.

We need less leverage. Short selling is a minor but integral part of the markets ebb and flow. If they are to remove it thats fine by me - but announce that shorts will no longer be allowed starting 1/1/2010 or something, so people have time to adjust.

I cringe to hear what will be announced tonight or over the weekend. I'm quite certain there is an abstract rabbit in the hat that I haven't conceived of that is being given the gift of rabbit life as we speak.

Nate, when I hear the words paradigm change then I usually try to listen hard and do the opposite:-) In this case I would completely agree with you, we need less leverage and financial institutions to be far more responsible.

The problem is being SMART and avoiding the unintended consequences especially when we can't sit back and wait months. A small example, how about preventing foreclosures and not throwing people out on the street? sounds good like apple pie but could it lead to more people giving up on their mortgages? if i had a mortgage and was struggling then i would be tempted as i understand that in the US you can walk away from a mortgage.

As to rabbits, yes no end to what can be dreamt up.

I don't know if people saw this yesterday. (Cook county is more or less equal to the city of Chicago.)

Chicago's Cook County won't evict in foreclosures

CHICAGO (AP) — The sheriff here said Wednesday that he's ordering his deputies to stop evicting people from foreclosed properties because many people his office has helped throw out on the street are renters who did nothing wrong.

"We will no longer be a party to something that's so unjust," a visibly angry Cook County Sheriff Tom Dart said at a news conference. . .

Dart said that from now on, banks will have to present his office with a court affidavit that proves the home's occupant is either the owner or has been properly notified of the foreclosure proceedings.

Lehman collapse puts hedge fund in dire straits: Short-seller Copper River should be in its glory in a market like this. Instead, it's fighting for its life.

NEW YORK (Fortune) -- September was arguably the worst month in hedge fund history, as unprecedented volatility in the capital markets forced once-mighty investment managers to book losses that had been thought unimaginable.

But for noted short-sellers Copper River Management, a $1 billion hedge fund based in Larkspur, Cal., the month turned into a perfect storm.

A devastating combination of counter-party failure, sudden regulatory edicts and margin calls conspired to turn the fund's performance on its ear, leading to a 55% loss in just two weeks.

According to people familiar with Copper River, the fund's management has sent out a letter to its investors in an attempt to explain the crisis and to retain enough capital to keep operating.