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

REPLY to opposition to motion re Cross MOTION for Summary Judgment

52 Cited authorities

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

    467 U.S. 837 (1984)   Cited 16,040 times   505 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 5,446 times   15 Legal Analyses
    Holding that "extensive safeguards" are necessary "to repel a facial challenge"

  3. Shearson/Am. Express Inc. v. McMahon

    482 U.S. 220 (1987)   Cited 1,800 times   18 Legal Analyses
    Holding that an arbitration clause was enforceable under the Federal Arbitration Act with respect to a claim under the Securities Exchange Act of 1934

  4. Clark v. Martinez

    543 U.S. 371 (2005)   Cited 927 times   4 Legal Analyses
    Holding that § 1231 does not authorize indefinite detention

  5. Printz v. United States

    521 U.S. 898 (1997)   Cited 765 times   17 Legal Analyses
    Holding unconstitutional a statute obligating state law enforcement officers to implement a federal gun-control law

  6. 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"

  7. Morrison v. Olson

    487 U.S. 654 (1988)   Cited 578 times   22 Legal Analyses
    Holding an independent counsel to be an inferior officer

  8. 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

  9. Edmond v. United States

    520 U.S. 651 (1997)   Cited 261 times   30 Legal Analyses
    Holding that Congress' appointment procedure for military court judges "is in conformity with the Appointments Clause of the Constitution"

  10. Weiss v. United States

    510 U.S. 163 (1994)   Cited 77 times
    Holding that second appointment in accordance with Appointments Clause was not necessary for military judges, who are “Officers” who must be appointed in accordance with Appointments Clause of Constitution, where they were commissioned officers who had already been appointed by the President with advice and consent of the Senate

  11. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,098 times   148 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  12. 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

  13. 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"

  14. Section 80a-2 - Definitions; applicability; rulemaking considerations

    15 U.S.C. § 80a-2   Cited 240 times   18 Legal Analyses
    Defining "interested person"

  15. Section 78q - Records and reports

    15 U.S.C. § 78q   Cited 151 times   3 Legal Analyses
    Requiring registered broker-dealers to make and keep records prescribed by the U.S. Securities and Exchange Commission

  16. Section 80a-3 - Definition of investment company

    15 U.S.C. § 80a-3   Cited 120 times   28 Legal Analyses
    Excluding church plans from the definition of investment companies under the Investment Company Act of 1940

  17. Section 78w - Rules, regulations, and orders; annual reports

    15 U.S.C. § 78w   Cited 75 times   3 Legal Analyses
    Empowering SEC to "make such rules and regulations as may be necessary or appropriate to implement the provisions of this chapter for which they are responsible or for the execution of the functions vested in them by this chapter"

  18. Section 155 - Commission

    47 U.S.C. § 155   Cited 69 times   1 Legal Analyses
    Stating that the Commission "may ... delegate any of its functions," with the exception of actions referred to in § 208(b) and other sections not germane here

  19. Section 42 - Employees; expenses

    15 U.S.C. § 42   Cited 51 times

    Each commissioner shall receive a salary, payable in the same manner as the salaries of the judges of the courts of the United States. The commission shall appoint a secretary, who shall receive a salary, and it shall have authority to employ and fix the compensation of such attorneys, special experts, examiners, clerks, and other employees as it may from time to time find necessary for the proper performance of its duties and as may be from time to time appropriated for by Congress. With the exception

  20. Section 78d - Securities and Exchange Commission

    15 U.S.C. § 78d   Cited 48 times   2 Legal Analyses
    Establishing the SEC