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.
Peter L. Strauss,
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: https://scholarship.law.columbia.edu/faculty_scholarship/1588