Download this Paper Open PDF in Browser

Free Enterprise Fund v. Public Company Accounting Oversight Board

Vanderbilt Law Review En Banc, Vol. 62, p. 51, 2009

Columbia Law and Economics Research Paper No. 358

12 Pages Posted: 8 Oct 2009  

Peter L. Strauss

Columbia Law School

Abstract

This is the introductory essay in an electronically published roundtable sponsored by the Vanderbilt Law Review on the Supreme Court's forthcoming consideration of Free Enterprise Fund v. Public Company Accounting Oversight Board, a case raising important separation of powers questions and thought by some to foreshadow overruling or limiting of such precedents as Humphrey's Executor v. United States (sustaining independent regulatory commissions) and Morrison v. Olson (sustaining the independent counsel). The PCAOB is an unusual independent government authority appointed by the Commissioners of the SEC and subject to its oversight; PCAOB members are only by the Commission, and only for one of several defined causes. This essay is intended to "set the table" for competing essays by other scholars, that will appear in November.

Keywords: separation of powers, President, PCAOB, SEC

Suggested Citation

Strauss, Peter L., Free Enterprise Fund v. Public Company Accounting Oversight Board. Vanderbilt Law Review En Banc, Vol. 62, p. 51, 2009; Columbia Law and Economics Research Paper No. 358. Available at SSRN: https://ssrn.com/abstract=1442879

Peter L. Strauss (Contact Author)

Columbia Law School ( email )

435 West 116th Street
New York, NY 10025
United States
212-854-2370 (Phone)
212-854-7946 (Fax)

HOME PAGE: http://www.law.columbia.edu/faculty/pstrauss.html

Paper statistics

Downloads
248
Rank
102,922
Abstract Views
1,319