Holding “Green Gatekeepers” Accountable
Scholars urge policymakers to regulate green gatekeepers to reduce greenwashing.
The Flaws in Jarkesy and Why Certain Civil Penalties May Survive
Scholar argues that civil penalties under environmental laws may survive Seventh Amendment challenges.
A Green Wash-Out
A scholar analyzes the differences between the American and EU approaches to regulating greenwashing.
Enhanced Regulatory Oversight in ESG Investing
Scholars debate the market impacts of ESG regulations.
Kim Kardashian Prompts Major Questions for the SEC
Scholar argues the SEC violated the major questions doctrine by suing celebrities who endorsed cryptocurrency companies.
Cybersecurity Good Governance
New SEC regulations are likely to change the cybersecurity landscape by encouraging more widespread adoption of best practices.
Regulation 1.0
Regulation 1.0 provided a framework for balancing the interests of the public and regulated parties.
Erroneous Legal Advice as a Corporate Asset
Scholars discuss the promises and pitfalls of corporate lawyers’ gatekeeping function.
Constitutional Challenges to Agency Adjudication
The Supreme Court grants district-court jurisdiction in an opinion hampering agencies’ adjudicatory authority.
The Promise and Perils of Regulating ESG
Troy A. Paredes, former SEC Commissioner, shares his thoughts on the ESG movement.
Back to the Future of U.S. Securities Regulation
Scholars analyze the history of Supreme Court securities law jurisprudence to predict what lies ahead.
SEC Proposes Private Fund Reform to Protect Investors
A U.S. Securities and Exchange Commission proposal to enhance the regulation of private fund advisers receives critical comments.