Tag Archives: SEC

Will Congress Make Rulemaking a Practically Impossible Task?

by Connor N. Raso — Tuesday, Jan. 26, 2016

A bipartisan group in the Senate is working on a large package to reform the rulemaking process. Negotiations are ongoing but the New York Times reported last week that the package is likely to require agencies to engage in additional cost-benefit analysis that would be subject to judicial review. In joint work, I have argued […]

Schwartz and Nelson on the SEC’s Regulation of Conflict Minerals

by Andrew Hessick — Wednesday, Jan. 20, 2016@andyhessick

In Business Roundtable v. SEC, 647 F.3d 1144 (D.C. Cir. 2011), the D.C. Circuit held that the SEC must justify all its regulations promulgated under the National Securities Market Improvement Act through cost benefit analysis. Cost-benefit analysis makes sense for many SEC regulations because they focus on easily quantified matters. But they make less sense […]

Jurisdiction(al) Matters: New York Republican State Committee v. SEC

by Peter Conti-Brown — Wednesday, Aug. 26, 2015

I’ve been enjoying my co-blogger Aaron Nielson’s review of the DC Circuit’s cases. Perhaps some of this pleasure comes from my memories of clerking there, for the great Stephen F. Williams, the intellectual godfather of many an academic’s career—it’s a uniquely interesting place to clerk, with cases that can be at the core of some […]

Improved Economic Analysis in SEC Rulemaking?

by Chris Walker — Wednesday, July 22, 2015@chris_j_walker

As I’ve blogged about before, the role of cost-benefit analysis—and economic analysis more generally—in financial regulation has been a hot topic in recent years among scholars, policymakers, regulators, and the regulated. This debate has been sparked in part by the D.C. Circuit’s aggressive review of SEC rulemaking—in cases like Business Roundtable v. SEC and others—and […]

The SEC’s Inferiority Complex, by Kent Barnett

by Guest Blogger — Thursday, June 11, 2015

CJW Note: In both academic and practitioner adlaw circles, there’s been chatter for a while about the constitutionality of the SEC using administrative law judges (ALJs) in its enforcement actions. On Monday a federal judge found such practice to likely be unconstitutional. One of my coauthors, Kent Barnett (UGa Law), has written extensively on ALJs (he’s quoted in the […]

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Beermann on Ahdieh on Cost-Benefit Analysis in Financial Regulation (AdLaw Bridge Series)

by Chris Walker — Thursday, Dec. 4, 2014@chris_j_walker

Over at the Journal of Things We Like (Lots) — aka Jotwell, the value of which I explain further here —  Jack Beermann has a great review of one of my favorite articles on cost-benefit analysis in financial regulation: Robert Ahdieh‘s Reanalyzing Cost-Benefit Analysis: Toward a Framework of Functions(s) and Form(s), which was published in the NYU Law Review. […]