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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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The Student-Loan Suspension Is Also Illegal
The Biden administration’s attempt to forgive $400 billion in outstanding student loan debt through administrative fiat has come under richly deserved fire, with its fate now in the hands of the Supreme Court. But an equally unlawful companion giveaway has thus far avoided much controversy. That giveaway, which began under the Trump administration and has…
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America’s Censorship Regime Goes on Trial
Covid-19 Articles
Ernest Ramirez, a car-wash technician in a small, south Texas town, led a simple but fulfilling life with his son, Ernesto Junior. Junior was a “wonderful child, full of smiles.” Ramirez had raised his son alone; he’d never known his own father and sought to provide Junior with the paternal love he had missed. A…
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Regulator, Regulate Thyself!
In the News
Approximately 111.7 million Americans are cyber-attacked each year. More than 80% of all American firms report that they have been successfully hacked, with 43% of those cyber attacks targeting smaller businesses. Those breaches of security grow in frequency, penetration and industry reach with every year that we become more and more dependent upon electronic ways…
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SEC Fines for Flutter and Rio Tinto Are Outside its Jurisdiction
This month the Securities and Exchange Commission announced two settlements that illustrate the agency’s largely unchecked power to shake down companies with astronomical penalties that far exceed statutory limits set by Congress. The broader scandal is that these cases are now routine rather than exceptional. The cases include the SEC’s $15 million settlement with UK-based…
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