Monthly Archives: November 2017

More Thoughts on the CFPB Puzzle: President Trump Can Select Someone to Run the CFPB Only if the Senate Has an Opportunity to Confirm, by Nina A. Mendelson

by Guest Blogger — Monday, Nov. 27, 2017

On Friday, November 24, Consumer Financial Protection Bureau Director Richard Cordray named Leandra English, the longtime CFPB Chief of Staff, to the post of Deputy Director. Based on legislation specific to the CFPB, that put her in a position to serve as Acting Director upon his departure. Cordray then resigned. A few hours after Cordray […]

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PTAB, Patents, and the Constitution, by Philip Hamburger

by Guest Blogger — Sunday, Nov. 26, 2017

Tomorrow, the Supreme Court will hear arguments in Oil States vs. Greene’s Energy Group, et al. on whether the Patent and Trademark Office, acting through the Patent and Trial Appeal Board (PTAB), can decide the validity of existing patents. The question, in particular, is whether the PTAB is unconstitutionally extinguishing private property rights in a […]

For Better or Worse, Mick Mulvaney Probably Is the Acting Director of the CFPB

by Daniel Hemel — Sunday, Nov. 26, 2017

President Trump says that Mick Mulvaney is the acting director of the Consumer Financial Protection Bureau. Outgoing bureau chief Richard Cordray says that his deputy, Leandra English, is the acting director in his stead. Unfortunately, I think this is one issue on which the Trump administration appears to have the better of the argument. I say “unfortunately” […]

At the CFPB, Cordray Creates One Last Cloud of Controversy

by Adam White — Sunday, Nov. 26, 2017

History doesn’t repeat, but it often rhymes. And so the circumstances of Richard Cordray’s departure from the Consumer Financial Protection Bureau seem fitting. Nearly six years ago, Cordray arrived at the CFPB as one of purported “recess” appointments that President Obama ventured despite the fact that the Senate was not actually in recess, a maneuver that […]

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Class Action Not Withstanding, the SEC’s Use of Disgorgement Is Here To Stay, by Daniel B. Listwa

by Guest Blogger — Thursday, Nov. 23, 2017

This past summer, in Kokesh v. SEC, the Court scaled back the SEC’s power to recover the profits earned by defendants’ illegal activities, holding that judicial disgorgement brought by the agency constitutes a penalty for the purpose of the 5-year statute of limitations in 28 U.S.C. § 2462. While the holding attracted some headlines, a […]

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The Administrative Law Angle of the Calabresi-Hirji Proposed Judgeship Bill

by Chris Walker — Wednesday, Nov. 22, 2017@chris_j_walker

Steve Calabresi nearly broke the internet (see, e.g., here, here, and here) by proposing last week at the Federalist Society National Lawyers Convention that the Trump Administration should add more judges to the federal judiciary. His proposal, coauthored with Shams Hirji, is available on SSRN here. Here’s a summary of the proposal: This paper argues that the […]

Measuring President Trump’s Regulatory Reform Agenda: The 2-for-1 Rule, by Roncevert Ganan Almond

by Guest Blogger — Wednesday, Nov. 22, 2017

Almost immediately following his entry into the Oval Office, President Donald J. Trump initiated an aggressive regulatory reform agenda intended to downsize the imprint and reduce the influence of the Federal government. Through a series of executive orders, supported by guidance from the Office of Management and Budget (OMB), and his proposed budget to Congress, […]

Price on Congress’s Power of the Purse (AdLaw Bridge Series)

by Chris Walker — Tuesday, Nov. 21, 2017@chris_j_walker

As regular readers know, I’m a big fan of Josh Chafetz’s new book Congress’s Constitution: Legislative Authority and the Separation of Powers. I’ve talked about it at numerous conferences and reviewed it for the Michigan Law Review (draft review here). Congress’s Constitution focuses on six powers Congress has to compete with the other branches in our separation-of-powers framework […]