Lawrence Zelenak (Duke) has published Can Obama's IRS Retroactively Revoke Massive Bank Giveaway?, 122 Tax Notes 889 (Feb. 16, 2009).  Here is the abstract:

In this report, Prof. Zelenak considers whether a retroactive revocation of Notice 2008-83 — which indicated, without apparent statutory authority, that § 382 would no longer apply to banks, and which may have had a revenue cost in excess of $100 billion — would be legally effective. After examining the relevant regulations and case law, he concludes that a retroactive revocation would probably be upheld by the courts because of the clearly erroneous nature of the notice.