Compelled Climate Speech
The SEC’s proposed rule on climate disclosures could run afoul of the First Amendment.
Is the SEC Moving Beyond Disclosure?
Former regulator argues that proposed SEC rules open up new regulation of securities markets.
Why the SEC is Wrong About Implied Preclusion
Federal securities regulators should not use implied preclusion to shield themselves from constitutional challenge.
Turning a Corner on a Rocky History with ESG
Scholars argue that the SEC has historically resisted creating ESG disclosures but has recently changed course.
Assessing the Frequency of Quarterly Earnings Reports
Two camps emerge in a heated regulatory debate over the frequency of earnings reports.
Understanding the Business of Corporate Board Diversity
Experts discuss the benefits of diversifying corporate boards of directors.
Consumers Win Assurance of Important Protection From Securities Fraud
The Supreme Court reaffirms lower courts’ ability to claw-back profits from violators of securities laws.
Is Corporate Criminal Punishment Just Another Cost of Doing Business?
Entity-level fines may not adequately deter corporate crime compared to other enforcement mechanisms.
Applying Judge-Made Law to Insider Trading
Scholar argues that judges, rather than the legislature, should continue to regulate insider trading.
Regulating Cryptocurrency
Scholar argues regulation is needed to address unbridled intermediary activity in cryptocurrency.
A Missed Opportunity in Securities Fraud Enforcement
The Supreme Court failed to clarify a key aspect of fraud claims in Lorenzo v. SEC.