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2 Jul 2010, 5:00 am
” The PCAOB Anti-climax by Professor Bainbridge The real problem here is the Supreme Court’s decades long acquiescence in the creation of a fourth branch of government comprised of independent agencies over which the President has power of removal only for cause. [read post]
1 Jul 2010, 8:07 pm
Bainbridge and I have had a chat about it.Larry Ribstein's pretty good Forbes column makes the case that the Court is acting a bit more proactively, and indeed, in a crisis, countermarjoritarianly, as courts should:In a single term, despite widespread popular support for punishing and restricting corporations and their agents, the Court admonished Congress that it had to respect the structure of government and draft criminal statutes clearly, noted the dangers of court… [read post]
1 Jul 2010, 7:14 pm
Click here for the full list which includes the following cities in Western Washington: Bainbridge Island, Bellevue, Bellingham, Bothell, Burien, Burlington, Carnation, Centralia, Des Moines, Eatonville, Ellensburg, Enumclaw, Everett, Federal Way, Forks, Fort Lewis, Friday Harbor, Gig Harbor, Kirkland, Lacey, Lake Forest Park, Maple Valley, Mercer Island, Monroe, Moses Lake, Mount Vernon, Renton, Sammamish, Tacoma, Vancouver and Wenatchee. [read post]
1 Jul 2010, 7:05 am
Steve Bainbridge responds: The very nature of their social role precludes judges from being proactive regulators. [read post]
30 Jun 2010, 8:36 pm
In that, Bainbridge and I could probably write a majority opinion on a three blogger panel. [read post]
30 Jun 2010, 5:00 am
by Professor Bainbridge Letter from Senator Brown to Senator Dodd and Congressman Frank Image of Money series 2 is by Mokra [read post]
28 Jun 2010, 3:11 pm
" Professor Stephen Bainbridge has an interesting commentary on his eponymous blog (here) commenting that he is "unpersuaded" by the majority opinion, agreeing with the dissent that there is nothing about the effective result of the Court’s ruling that actually validates the President’s actual right or authority to oversee the PCAOB. ? [read post]
28 Jun 2010, 12:25 pm
Here are additional early thoughts from David Zaring, Larry Ribstein, Megan McArdle, Rick Pildes, and Stephen Bainbridge (here, here, and here). [read post]
28 Jun 2010, 8:30 am
As Bainbridge notes, SOx doesn't come with a severability clause, and the petitioners wanted everything PCAOB has ever done to be nullified. [read post]
28 Jun 2010, 3:10 am
See generally an article written by reknowned corporate law professor Stephen Bainbridge available here, on "enterprise liability" issues involved in the attempts of creditors to attach assets of the various corporate affiliated entities in connection with the bankruptcy of a Catholic diocese. [read post]
27 Jun 2010, 10:39 pm
Tom Goldstein and Stephen Bainbridge have some thoughts about this morning's upcoming announcement of the decision of the critical case on Sarbanes-Oxley's constitutionality. [read post]
26 Jun 2010, 6:00 am
Steve Bainbridge and Larry Ribstein have taken the other side. [read post]
25 Jun 2010, 3:11 pm
Bainbridge, who concludes that any court would be more likely to rely on Amanda than adopt the “meaningful success” test.) [read post]
25 Jun 2010, 4:15 am
United States; NYT; WSJ; SCOTUSblog; Ribstein; Bainbridge; Fisher @ Forbes; Sandefur; Kirkendall; Hurt] [read post]
25 Jun 2010, 4:00 am
Supreme Court limits scope of “honest services fraud” law [Mauro/NLJ, Ilya Shapiro and Tim Lynch, Cato, Bainbridge and more] No, defensive medicine isn’t a myth, ask your emergency room doc [AP/Columbus Dispatch] Eagerness to share horror stories [Sharon Begley, Newsweek] “Unusual for a Democrat, Obama readily acknowledges that defensive medicine is a problem. [read post]
24 Jun 2010, 11:14 pm
As Ribstein and Bainbridge have both argued, the existence of federal legislation strengthens the case that Delaware’s jurisdiction in this area has been pre-empted. [read post]
24 Jun 2010, 11:01 pm
Lyle Dennison has this excellent summary of the Court’s opinion, while Larry Ribstein and Stephen Bainbridge provide their usual spot-on analysis of the opinion from a public policy standpoint. [read post]
24 Jun 2010, 10:46 am
Updates: Christine Hurt on honest services and prejudice issues; Bainbridge on honest services; Ted Frank with other links; and Tom Kirkendall with much more, particularly including a reminder about Skilling’s new trial motion. [read post]
22 Jun 2010, 10:07 pm
Judge blocks sweeping Obama administration ban on new offshore drilling [Roger Pilon, Cato] Some reasons judge may have found ban irrational [Lowry, NRO, scroll to reader comment; Gus Lubin, Business Insider] More on Jones Act waivers in the Gulf [Bainbridge, earlier] Connecticut AG Blumenthal launches investigation of Google Street View [Rick Green, Courant] Florida judge tosses out $10 million libel verdict against St. [read post]
22 Jun 2010, 11:55 am
In the comments, jellis58 wrote that: I belive Prof Bainbridge’s position is that shareholders do not really “own” the corporation. [read post]
