Blog
Political review of agency adjudication and recommendations for reform
Abstract Formal agency adjudication reserves the final decision-making authority to the political leadership of the agency. Many organizations and watchdogs have taken issue with…
GWU Regulatory Studies Center
Political Review of Agency Adjudication and Recommendations for Reform
Formal agency adjudication reserves the final decision-making authority to the political leadership of the agency. Many organizations and watchdogs have taken issue with how…
Blog
ESG policy trembles in our post-Chevron world
The US Supreme Court recently rendered one of the most historic decisions in administrative law in the consolidated cases of Loper Bright v.
Freedom Works Radio Show
Freedom Works Radio Show
Freedom Works Radio Show interviewed one of CEI’s experts on corporate shareholder representation Listen to Freedom Works Radio Show for more…
Blog
The politics of proxy voting and the importance of shareholder representation
As the 2024 election quickly approaches, many Americans consider how their vote will affect political races. While our focus tends to be on the…
RealClear Energy
The SEC’s Climate Disclosure Rule Is a Dark Cloud Over Energy Abundance
The Securities and Exchange Commission (SEC) climate disclosure rule posts real problems for public companies. The SEC’s mission is to do facilitate capital formation…
Review-Journal
Yes, you do have the right to a jury trial
The Constitution says you have the right to a jury trial. At least in its in-house court, the Securities and Exchange Commission argued against…
The Washington Examiner
The Inflation Reduction Act’s buyback tax restrains public company growth
The Biden administration and a Democratic-controlled Congress imposed a new tax on corporate stock buybacks as part of…
Inside Sources
Yes, You Do Have the Right to a Jury Trial
The Constitution says you have the right to a jury trial. At least in its in-house court, the Securities and Exchange Commission argued against…
Blog
Supreme Court’s Jarkesy decision sheds light on the SEC’s hidden advantages
The Supreme Court’s momentous decision in SEC v Jarkesy provides us with a rare glimpse into the murky realm of administrative adjudication. Despite there being…
News Release
Supreme Court Ends Chevron Doctrine that Favored Regulatory Agencies in Court
The U.S. Supreme Court today overruled itself on a longstanding, controversial doctrine that gave regulatory agencies an unfair advantage in court – the so-called…
News Release
Supreme Court curtails SEC administrative law court powers
The U.S. Supreme Court today ruled that a hedge fund manager accused of securities fraud is entitled to a jury trial because the Securities…
Blog
Spam alert! A devastating outlook on the SEC’s final climate disclosure rule
I have a paper out today, exploring the Securities and Exchange Commission’s (SEC) landmark finalized climate disclosure rule and the many challenges…
News Release
Report: SEC Climate Disclosure Rule Spams Investors, Arms Climate Alarmists
The Competitive Enterprise Institute today released a report on the controversial Securities and Exchange Commission climate disclosure rule, examining its legal and…
Study
Climate Disclosure Spam
Introduction “Despite cost-saving changes from the proposed rule, the final rule will prove expensive for public companies and their shareholders who will be paying…
Blog
SEC’s Orwellian surveillance system faces its greatest challenge yet
The Eleventh Circuit Court will soon decide whether the Securities and Exchange Commission (SEC) acted arbitrarily and capriciously by proposing the first market-wide…
News Release
Court Rules Against Improper SEC Regulation of Private Equity, Hedge Fund Managers
The 5th U.S. Circuit Court of Appeals today ruled 3-0 against a controversial Securities and Exchange Commission 2023 rule regulating private equity and hedge…
Study
Adam Smith’s guide to life, loveliness, and the modern economy
Introduction: Going strong at 300 Ryan Young This essay collection celebrates Adam Smith’s 300th birthday. He is best known for being the first…
Blog
Has ESG gone guerrilla warfare?
There has been much discussion recently over declining institutional support for environmental, social, and governance (ESG) investing theory. Many indications suggest that US…
Blog
House GOP prepares CRA resolutions against Biden climate-risk rules, including SEC climate disclosure rule
Members of the House Financial Services Committee have passed four Congressional Review Act (CRA) resolutions targeting four Biden-era climate-risk rulemakings. Among these…
Blog
FTC tightens grip over its in-house judges
The Federal Trade Commission (FTC) possesses one of the most conflicted administrative law court (ALC) systems. The agency recently began hiring new…
Blog
The Fifth Circuit blocks the SEC’s climate disclosure rule in the first legal challenge to the rule
The Securities and Exchange Commission (SEC) recently voted to approve its highly-awaited climate disclosure rule. However, fewer than 10 days after its finalization,…
News Release
Fifth Circuit hits pause on the SEC climate disclosure rule: CEI analysis
A controversial climate disclosure rule put forward by the Securities and Exchange Commission has been stopped by a federal appeals court. On Friday, March…
Blog
CEI briefs the public on the need for administrative law court reform
The Competitive Enterprise Institute recently hosted our first Capitol Hill event of the year, urging Congress to propose administrative law court (ALC) reform.
Blog
The Stop Woke Investing Act and ‘ESG fatigue’
The Securities and Exchange Commission (SEC) has made it far too easy for activist shareholders to overturn the traditional proxy review process. The SEC’s…
National Review
The SEC’s Climate-Disclosure Rule Goes against 90 Years of Restraint
The Securities and Exchange Commission (SEC) is finalizing a mandatory climate-disclosure rule for public companies — perhaps the costliest regulatory mandate in its entire 90-year…
Comment
Regulatory Comment on 88 FR 89410
To the Honorable Rostin Behnam, Chairman of the Commodity Futures Trading Commission, and the Honorable Commissioners Kristen N. Johnson, Cristy Goldsmith Romero, Summer K.
Letters
Coalition Letter to Support the Stop Woke Investing Act (S. 3179)
We, the undersigned organizations, are writing in support of the Stop Woke Investing Act (S. 3179). The bill was introduced by Sens. Eric…
The Center Square
Will the cap-and-trade repeal initiative succeed? The markets might think so
CEI’s Stone Washington was cited in The Center Square on the repeal of cap-and-trade: Stone Washington, research fellow with the Competitive Enterprise Institute’s…
Blog
The full Scope of problems with the SEC’s climate disclosure rule
I have a paper out today, examining the Securities and Exchange Commission’s (SEC) proposed rule on mandatory climate disclosures. The SEC’s rule…
News Release
Report: SEC climate disclosure rule imposes costs without value
The Securities and Exchange Commission (SEC) is finalizing a rule to require publicly traded companies to disclose climate and energy-use related data and information.
Study
Big Problems with SEC Climate Disclosure Mandate
The US Securities and Exchange Commission (SEC) is finalizing its mandatory climate disclosure rule[1] that will require publicly traded companies to provide…
Blog
The Natural Asset Hydra
The New York Stock Exchange (NYSE) recently proposed a radical rule to amend its manual for listing public companies to include a new…
Comment
CEI comments on SEC’s proposed adoption of NYSE listing standards for “Natural Asset Companies”
TO: Securities and Exchange Commission FROM: Stone Allen Washington; Research Fellow at the Competitive Enterprise Institute RE: No. SR-NYSE-2023-09…
Blog
When the FTC’s anti-merger goals overshadow the prospect of saving lives
The Fifth Circuit Court of Appeals recently issued a ruling on the important case of Illumina-Grail v. Federal Trade Commission. A unanimous…
Blog
Transparent New Year: SEC shows its work after CEI prodding
As we enter the New Year, it is important to reflect on what went well and not so well in 2023. We should do…
Blog
Should government-favored non-profits have their own shadow courts?
Imagine being sued by a private nonprofit that is sanctioned by a federal agency to enforce securities laws. The nonprofit appoints its own judges…
National Review
Challenging the Excessive Powers of an Administrative Law Court
At least one form of government abuse might end soon. The U.S. Supreme Court heard oral arguments this term for Securities and Exchange Commission v. Jarkesy,…
Yale Journal on Regulation
CEI Report on Agency Adjudication Reform
CEI’s Ryan Young and Stone Washington were cited in Yale Journal on Regulation in relation to a new CEI Report on Agency Adjudication Reform:…
Blog
Obscuring the SEC’s climate disclosure rule may invite a host of legal problems
The US Securities and Exchange Commission’s (SEC) pending climate disclosure rule has been delayed yet again. The climate disclosure rule will require publicly traded companies to…
News Release
Administrative Law Courts Are Unfair and Need Reform
A new Competitive Enterprise Institute report delves into a court system that most people are unaware exists – administrative law courts, or ALCs. In…
Study
Conflict of Justice
Introduction Imagine that a federal agency has charged you with violating a law or regulation, and you have to defend yourself in court. But…
The American Spectator
The Forces Behind ESG’s Blacklisting Effect
Underneath the political back-and-forth over environmental, social, and governance (ESG) investing, we are seeing a sinister shift in targets. What began as a campaign…
Discourse Magazine
What America’s Recent Bank Failures Tell Us About ESG Phasing
Financial institutions that radically phase out fossil fuel and other politically scorned investments pose a serious risk to their own business, to investors and…
Blog
Exposing the federal bureaucracy’s blurry courts
Many federal agencies prevent regular Americans from understanding what they are up to by obscuring the work being conducted by their little-known administrative law…
Blog
SEC commissioner bashes private markets, shows why public capital flight is happening
Caroline Crenshaw, a designated Democratic commissioner with the Securities and Exchange Commission (SEC) recently was sharply critical of private markets. “Investor protection and…
Blog
Shareholder support for ESG proposals is falling
With the 2023 proxy voting season officially behind us, we can note a few trends in corporate governance that stood out. For one,…
Blog
The SEC’s anti-competitive assault against private fund advisers
The Securities and Exchange Commission is adopting new rules that radically redefine how investment companies are regulated, undercutting the ability of private fund advisers…
Blog
S&P Global downplays its ESG ratings. Will rival ratings firms follow suit?
S&P Global, a premier financial data company, has recently put an end to its quantitative environmental, social, and governance (ESG) rankings. Rather than…
Blog
America receives first debt downgrade in 12 years as history repeats itself
Fitch Ratings, a credit reporting agency, recently issued a foreboding outlook on America’s credit health. For the first time in 12 years, the United…