作者：Platt, Alexander, I
作者单位：Harvard University; University of Kansas
摘要：Companies targeted by SEC enforcement actions often face parallel private class actions under the federal securities laws based on the same underlying conduct. But when the SEC selects enforcement targets, negotiates settlements, and assesses its own performance, it is unclear whether or how the agency considers this potential piggybacking effect. Although the agency's enforcement activities can have significant impacts on the flow of private litigation, the agency denies that it accounts for ...
作者：Lambert, Andrew
摘要：In ensuring air safety, the Federal Aviation Administration (FAA) reviews applications for certificates and denies them if appropriate. However, when a corporate entity holds a certificate revoked by the FAA, there is little to prevent the individuals from forming a new company and applying for a new certificate-one without a violation history including the revocation. Balancing the interests of air safety and the fiction of corporate personhood, the FAA has issued regulations to look beyond t...
作者：Gavoor, Aram A.; Platt, Steven A.
作者单位：George Washington University; University of Minnesota System; University of Minnesota Twin Cities
摘要：The Administrative Procedure Act of 1946 (APA) permits judicial review of agency action upon the whole record of the agency. What composes that term is not explicated by the text of the statute. The Supreme Court recently addressed the composition of the whole record in APA litigation for the first time in decades in Department of Commerce v. New York. In that case, which considered whether the US. Census Bureau lawfully added a question regarding U.S. citizenship to the impending 2020 U.S. Ce...
