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

REPLY to opposition to motion re MOTION for Summary Judgment

21 Cited authorities

  1. Buckley v. Valeo

    424 U.S. 1 (1976)   Cited 3,421 times   37 Legal Analyses
    Holding that a public financing law does not "abridge, restrict, or censor" expression

  2. 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"

  3. Morrison v. Olson

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

  4. 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"

  5. 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

  6. Sanchez v. City of Santa Ana

    502 U.S. 957 (1991)   Cited 67 times

    No. 91-338. November 12, 1991, October TERM, 1990. ORDER C.A. 9th Cir. Certiorari denied. Reported below: 936 F. 2d 1027.

  7. U.S. v. Gantt

    194 F.3d 987 (9th Cir. 1999)   Cited 123 times   1 Legal Analyses
    Holding that technical violations of Fed.R.Crim.P. 41(d) require suppression if there was a "deliberate disregard of the rule" or "if the defendant was prejudiced"

  8. U.S. v. Bonilla-Montenegro

    331 F.3d 1047 (9th Cir. 2003)   Cited 53 times
    Holding that voluntary manslaughter under section 192 counts as an enumerated crime of violence

  9. Samuels, Kramer Co. v. C.I.R

    930 F.2d 975 (2d Cir. 1991)   Cited 37 times
    Concluding that the Tax Court is an Executive Department

  10. Silver v. U.S. Postal Service

    951 F.2d 1033 (9th Cir. 1991)   Cited 27 times
    Discussing all three

  11. 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"

  12. Section 78f - National securities exchanges

    15 U.S.C. § 78f   Cited 273 times   54 Legal Analyses
    Requiring that exchanges register with the SEC and comply with various requirements to constitute a “national securities exchange”

  13. 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"

  14. Section 78u-2 - Civil remedies in administrative proceedings

    15 U.S.C. § 78u-2   Cited 34 times   16 Legal Analyses
    Authorizing SEC and other agencies to "enter an order requiring accounting and disgorgement" in administrative enforcement proceedings

  15. Section 7215 - Investigations and disciplinary proceedings

    15 U.S.C. § 7215   Cited 21 times   7 Legal Analyses
    Governing “proceeding by the Board to determine whether a registered public accounting firm, or an associated person thereof, should be disciplined”

  16. Section 7211 - Establishment; administrative provisions

    15 U.S.C. § 7211   Cited 21 times   3 Legal Analyses
    Requiring that Board members “have a demonstrated” technical “understanding of the responsibilities” and “obligations of accountants with respect to the preparation and issuance of audit reports”

  17. Section 7202 - Commission rules and enforcement

    15 U.S.C. § 7202   Cited 13 times

    (a) Regulatory action The Commission shall promulgate such rules and regulations, as may be necessary or appropriate in the public interest or for the protection of investors, and in furtherance of this Act. (b) Enforcement (1) In general A violation by any person of this Act, any rule or regulation of the Commission issued under this Act, or any rule of the Board shall be treated for all purposes in the same manner as a violation of the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq.) or

  18. Section 7217 - Commission oversight of the Board

    15 U.S.C. § 7217   Cited 11 times   3 Legal Analyses
    Incorporating 15 U.S.C. § 78s(c)

  19. Section 7219 - Funding

    15 U.S.C. § 7219   Cited 6 times

    (a) In general The Board, and the standard setting body designated pursuant to section 77s(b) of this title, shall be funded as provided in this section. (b) Annual budgets The Board and the standard setting body referred to in subsection (a) shall each establish a budget for each fiscal year, which shall be reviewed and approved according to their respective internal procedures not less than 1 month prior to the commencement of the fiscal year to which the budget pertains (or at the beginning of

  20. Section 78d-2 - Transfer of functions with respect to assignment of personnel to chairman

    15 U.S.C. § 78d-2

    In addition to the functions transferred by the provisions of Reorganization Plan Numbered 10 of 1950 (64 Stat. 1265), there are hereby transferred from the Commission to the Chairman of the Commission the functions of the Commission with respect to the assignment of Commission personnel, including Commissioners, to perform such functions as may have been delegated by the Commission to the Commission personnel, including Commissioners, pursuant to section 78d-1 of this title. 15 U.S.C. § 78d-2 June