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The Demise of the SEC’s Adjudication System
Earlier this month on a Friday afternoon, the Securities and Exchange Commission quietly issued an extraordinary administrative order. In one fell swoop, the SEC unconditionally abandoned more than 40 enforcement cases the agency had previously spent untold staff resources prosecuting over the past decade. In essence, the agency largely shut down what I’ve previously called its “Hotel California” adjudication system.…
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It’s Not Coercion Until They Break Your Will
Blogs
The government recently had an opportunity to attempt to convince a federal court why efforts to abridge United States citizens’ disfavored political speech are consistent with the First Amendment. As explained in NCLA’s Missouri v. Biden case, ever since 2016, the federal government has become more interested in monitoring and managing what circulates on social media. With…
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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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