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30 Jan 2024, 9:02 pm by renholding
I dissent from the Commission’s denial of a petition to amend Rule 202.5(e), our so-called gag rule.[1]  This de facto rule follows from the Commission’s enforcement of its policy, adopted in 1972, that it will not “permit a defendant or respondent to consent to a judgment or order that imposes a sanction while denying the allegations in the complaint or order for proceedings. [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
22 Jan 2024, 9:01 pm by renholding
It is unclear why having fewer accredited investors, whether at 6.5% or 1.8% of U.S. households, is preferrable to having more accredited investors. [read post]
3 Jan 2024, 7:09 am by Norman L. Eisen
Supreme Court, Colorado Republican State Central Committee v. [read post]
11 Dec 2023, 9:05 pm by renholding
We hesitate to say that this procedural anomaly is unique in the U.S. legal system, but we are aware of no analog. [read post]
1 Dec 2023, 3:45 pm by Legal Aggregate
Justice Sandra Day O’Connor, LLB ’52 (BA ’50), the first woman justice on the U.S. [read post]
1 Dec 2023, 10:52 am by Bernadette Meyler
It also felt to me that it was no accident that the first women to serve as an Associate Justice on the U.S. [read post]
14 Sep 2023, 6:00 am by Tad Lipsky
The Economist suggested scrutiny of U.S. antitrust policy as one item on a broad list of suggested remedies. [read post]
20 Aug 2023, 9:01 pm by renholding
Levinson, 485 U.S. 224 (1988)—which can allow securities-fraud plaintiffs to invoke a fraud-on-the-market presumption of class-wide reliance for purposes of class certification. [read post]