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The SEC’s Other ‘Hotel California’ Docket
Blogs
In an op-ed published last fall by Law360, I called out the Securities and Exchange Commission (SEC) for its appalling dereliction of duty in refusing to decide administrative appeals from enforcement sanctions imposed by the agency’s administrative law judges (ALJs). To summarize, more than two years ago the SEC simply stopped deciding those appeals, trapping the beleaguered…
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Nasdaq’s Discriminatory Board-Quota Rule Should Be Defeated In Court
Securities and Exchange Commission (SEC) Chairman Gary Gensler’s attempt to politicize the whole American economy to advance his woke agenda faced a critical test last week. The SEC’s partnership with the Nasdaq stock exchange to mandate discriminatory quotas in corporate board rooms was challenged last Monday before the Fifth Circuit Court of Appeals in New Orleans. Petitioners the National…
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Why I’m Suing Over My Employer’s Vaccine Mandate
In a few weeks I will begin my 24th year as a law professor at George Mason University. Last year I volunteered to teach in person, even though I’m in my 50s. Teaching law is my job and I owe my students my best. I also knew I could do it safely. During the spring…
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The King George III Prize: Three Years of Calling Out Government Abuse
In the News
In March 2021, the New Civil Liberties Alliance launched its First Annual King George III Prize, calling out the worst abusers of Americans’ civil liberties. Two years and 96 nominations later, we are nearing the final round of the third installment of what we came to call “The Georgies!” The Georgies?! Are We Serious? While…
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Have the SEC’s Delay Tactics Made Its Petition for Rulemaking Process Vulnerable to Challenge? A Look at In re Coinbase Inc. and SEC’s Nullification of 5 U.S.C. § 553(e) by Inaction
Last week, Coinbase launched its first counteroffensive against the Securities Exchange Commission’s (“SEC”) aggressive enforcement posturing in the cryptoeconomy. The cryptocurrency trading platform filed a petition for writ of mandamus asking the Third Circuit to make the SEC act on its petition for rulemaking. The filing raises important questions about administrative power in several respects including agency…
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Censorship For Thee and Not For Me – The Mounting Threat Against Free Speech
In the News
Freedom of speech has been placed increasingly at risk as we transition to the neoteric “Age of Information/Misinformation/Disinformation,” dominated by the proliferation of social media platforms, hyperbolic news feeds, and a mounting degree of intolerance for speech that is unpopular, offensive, or counter to what the deciding authorities deem “mainstream.” Indeed, the First Amendment’s guarantee…
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