This past September, Lindsay Graham called for a carbon tax.1 The Senator from South Carolina has discussed climate change openly, but has shifted his focus for the solution towards a carbon tax. A carbon tax is one of two currently proposed forms of carbon pricing, the other being cap-and-trade. The two are market-driven solutions which…
Tag: administrative law
The Potential Whiplash of Bandimere
In the last week of 2016, the U.S. Securities and Exchange Commission (SEC) received some news that spoiled its New Year’s celebrations. On December 27, 2016, the 10th Circuit Court of Appeals held that the SEC’s procedure for appointing its administrative law judges (ALJs) is unconstitutional.1 The 10th Circuit’s holding in Bandimere v. SEC not…
The CFPB and the DC Court of Appeals: A Rebuke and Question of Constitutionality (Part II of II)
As discussed in part one of this blog post, the U.S. Court of Appeals for the District of Columbia recently delivered what is perhaps the biggest setback to the Consumer Financial Protection Bureau (CFPB) to date. To review, the court essentially held the structure and independence of the Bureau to be unconstitutional in an opinion…
SEC’s increasing use of administrative law courts
The SEC’s increasing use of administrative law courts for trying cases has raised eyebrows throughout the legal community. In light of recent high-profile acquittals in federal district courts, the SEC has brought more actions before its administrative courts, with a 10% increase in the last year alone.1. Evidence suggests that the choice of forum has…