§Why CasetextPricing

Free Enterprise Fund et al v. Public Company Accounting Oversight Board et al

Memorandum in opposition to re MOTION for Summary Judgment

77 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,035 times   504 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. United States v. Salerno

    481 U.S. 739 (1987)   Cited 5,431 times   15 Legal Analyses
    Holding that "extensive safeguards" are necessary "to repel a facial challenge"

  3. United States v. Nixon

    418 U.S. 683 (1974)   Cited 4,095 times   15 Legal Analyses
    Holding appeal of District Court's denial of motion to quash subpoena duces tecum was in the Court of Appeals for purposes of § 1254

  4. Buckley v. Valeo

    424 U.S. 1 (1976)   Cited 3,420 times   37 Legal Analyses
    Holding that a public financing law does not "abridge, restrict, or censor" expression

  5. Mistretta v. United States

    488 U.S. 361 (1989)   Cited 1,929 times   10 Legal Analyses
    Holding that Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq., and 28 U.S.C. § 991 et seq., did not result in Executive's wielding legislative powers, despite either House's power to block Act's passage

  6. Whitman v. American Trucking Assns., Inc.

    531 U.S. 457 (2001)   Cited 1,092 times   27 Legal Analyses
    Holding that Chevron deference is due only to a " reasonable interpretation made by the administrator of an agency"

  7. Staples v. United States

    511 U.S. 600 (1994)   Cited 1,158 times   6 Legal Analyses
    Holding that a presumption of mens rea applies to statute otherwise silent on knowledge and thus requiring defendant to have known that the gun was an automatic

  8. Freytag v. Commissioner

    501 U.S. 868 (1991)   Cited 928 times   63 Legal Analyses
    Holding that a Tax Court special trial judge is an "inferior officer" even though "special trial judges ... render [final] decisions of the Tax Court in [certain] cases"

  9. Morrison v. Olson

    487 U.S. 654 (1988)   Cited 577 times   22 Legal Analyses
    Holding an independent counsel to be an inferior officer

  10. Bowsher v. Synar

    478 U.S. 714 (1986)   Cited 513 times   2 Legal Analyses
    Holding that the Comptroller General was not an executive officer and could not exercise executive power granted to him by statute

  11. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,525 times   165 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

  12. Section 78n - Proxies

    15 U.S.C. § 78n   Cited 1,627 times   19 Legal Analyses
    Incorporating § 78m(d) by reference

  13. Section 77b - Definitions; promotion of efficiency, competition, and capital formation

    15 U.S.C. § 77b   Cited 1,406 times   27 Legal Analyses
    Instructing the SEC to consider, "in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation"

  14. Section 78ff - Penalties

    15 U.S.C. § 78ff   Cited 662 times   23 Legal Analyses
    Providing criminal penalties

  15. Section 2 - Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce

    7 U.S.C. § 2   Cited 511 times   54 Legal Analyses
    Adopting respondeat superior principles for regulatory actions brought by the Commodity Exchange Commission

  16. Section 78y - Court review of orders and rules

    15 U.S.C. § 78y   Cited 439 times   22 Legal Analyses
    Allowing judicial review of Securities and Exchange Commission rules within 60 days of "promulgation"

  17. Section 77c - Classes of securities under this subchapter

    15 U.S.C. § 77c   Cited 388 times   2 Legal Analyses
    Exempting state-issued securities from federal securities laws

  18. Section 78s - Registration, responsibilities, and oversight of self-regulatory organizations

    15 U.S.C. § 78s   Cited 372 times   12 Legal Analyses
    Providing that the SEC "may abrogate, add to, and delete from . . . the rules of [the private entity] as the Commission deems necessary or appropriate"

  19. Section 78f - National securities exchanges

    15 U.S.C. § 78f   Cited 272 times   54 Legal Analyses
    Requiring that exchanges register with the SEC and comply with various requirements to constitute a “national securities exchange”

  20. Section 78g - Margin requirements

    15 U.S.C. § 78g   Cited 251 times

    (a) Rules and regulations for extension of credit; standard for initial extension; undermargined accounts For the purpose of preventing the excessive use of credit for the purchase or carrying of securities, the Board of Governors of the Federal Reserve System shall, prior to October 1, 1934, and from time to time thereafter, prescribe rules and regulations with respect to the amount of credit that may be initially extended and subsequently maintained on any security (other than an exempted security