Media Room
Commentary
Post Search
Is the SEC Warning Fiduciary Advisers Not to Tell the Truth?
Robert Fellner
The First Amendment famously declares that Congress shall pass no law abridging the freedom of speech, so why is the Securities and Exchange Commission (SEC) discouraging fiduciary investment advisers from accurately disclosing their fiduciary status to clients? There are two main categories of financial professionals regulated by the SEC: stockbrokers and investment advisers. Brokers…
Read
West Virginia v. EPA – Mouseholes and Major Questions
Casey Norman
On June 30, 2022, the Supreme Court issued its ruling in West Virginia v. Environmental Protection Agency, a case concerning the breadth of the Environmental Protection Agency’s authority under the Clean Power Plan—a regulation promulgated under the Obama administration to limit the carbon dioxide emissions of existing coal- and gas-fired power plants. No. 20-1530,…
Read
The Other Cause of Congressional Inaction
Max Alter
Many Americans can tell you that Congress has been unable to pass laws because Republicans and Democrats disagree on the issues. For a bill to pass in the Senate, effectively 60 out of the 100 Senators must vote in favor of it because of a procedure called the filibuster, which allows 41 Senators to…
Read
Beware “Harvard Deference”: Judicial Deference and Race-Based Admissions
Kyle Atwood
Photo: Widener Library, Harvard University Should courts defer to a university’s decision to base admissions decisions on the race of applicants? That issue is likely to be addressed in the upcoming Students for Fair Admissions v. Harvard and University of North Carolina cases, which the Supreme Court has agreed to hear in its 2022-23…
Read
DHS Disinformation Board Paused, Government Urge to Censor Continues
Brian Rosner
Photo: Nina Jankowicz, Former Executive Director of the Disinformation Governance Board, at the U.S. Embassy Vienna, October 10, 2019 So, she is gone. The Minister of Disinformation has resigned. Whether any factor alone could have done her in—what apparatchik could survive being lampooned as both a Goebbelsesque Mary Poppins and a feminine Big Brother—the combination…
Read
Kamala Harris' Free Speech Task Force
After the COVID ‘misinformation’ experience, will the vice president’s new plan for addressing online harassment go any better? For most of its existence, I had avoided social media and held particular disdain for Twitter, which I saw as intrinsically anti-intellectual. So it was with some hesitation that I opened a Twitter account in the fall…
Read