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BernardSSharfman

@corpgov.bsky.social

Corporate governance, administrative law, and liberal conservatism. Currently thinking about "for the protection of investors" or "in the public interest."

640 Followers  |  38 Following  |  79 Posts  |  Joined: 07.02.2024  |  2.087

Latest posts by corpgov.bsky.social on Bluesky

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US economy grows 3.3% in second quarter, government says, in second estimate of April-June growth The U.S. economy rebounded this spring from a first-quarter downturn due to fallout from President Donald Trump’s trade wars. In an upgrade from its first estimate in July, the Commerce Department sa...

I am glad to hear that GDP increased at a rate of 3.3% in the second quarter. However, can we really believe in the revised numbers? What happened at the BLS gives me pause. news.yahoo.com/news/finance...

28.08.2025 15:58 β€” πŸ‘ 3    πŸ” 1    πŸ’¬ 1    πŸ“Œ 0
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Looks like we found a ham sandwich a grand jury won't indict Federal prosecutors failed to secure a grand jury indictment against the D.C. man who was arrested for hurling a Subway sandwich at a CBP officer.

A new precedent has been set, throwing a ham sandwich at a federal agent will not get you prosecuted in D.C. Given that it took 20 officers in riot gear to arrest the alleged thrower, they must have expected even more sandwiches to be thrown and not just ham. Tuna? reason.com/2025/08/27/l...

27.08.2025 16:11 β€” πŸ‘ 3    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0
James Wilson’s Contributions to the Construction of Article II

Since we are now focused on the unitary executive, including David French in the NYTimes (One Sentence in the Constitution...), I highly recommend you read a good article by Michael McConnell, "James Wilson’s Contributions to the Construction of Article II."
www.law.georgetown.edu/public-polic...

21.08.2025 17:15 β€” πŸ‘ 3    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Unbelievable. Or, not.

14.08.2025 01:03 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Trump will nominate E.J. Antoni, the top economist at the conservative Heritage Foundation, to lead the BLS. In the Wash. Post, "Stan Veuger, a senior fellow at the conservative AEI, described Antoni as unfit for the position." Is Antoni the Pete Hegseth of labor statistics? I am betting, yes.

12.08.2025 01:51 β€” πŸ‘ 5    πŸ” 1    πŸ’¬ 1    πŸ“Œ 0

Trump will nominate E.J. Antoni, the top economist at the conservative Heritage Foundation, to lead the BLS. In the Wash. Post, "Stan Veuger, a senior fellow at the conservative AEI, described Antoni as unfit for the position." Is Antoni the Pete Hegseth of labor statistics? I am betting, yes.

12.08.2025 01:51 β€” πŸ‘ 5    πŸ” 1    πŸ’¬ 1    πŸ“Œ 0
LinkedIn This link will take you to a page that’s not on LinkedIn

To get proxy advisors under control, another way must be found. For example, see my Harvard Corp Gov blog post from six years ago, Fiduciary Duties of Proxy Advisors Under the Investment Advisors Act, lnkd.in/eUTXqN9 .

13.07.2025 21:28 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
LinkedIn This link will take you to a page that’s not on LinkedIn

I read the decision in ISS v SEC, D.C. Cir. I found the court was very persuasive in its argument that the word "solicit," as found in Section 14(a)(1), must be narrowly defined. From my legal perspective, the court took the appropriate approach, a textualist approach, in defining the term.

13.07.2025 21:28 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Interesting. I did not know. I was not compensated for my writing. So, I do not believe I am a scab.

09.07.2025 15:02 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

Please provide more explanation.

09.07.2025 13:25 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
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Bernard S. Sharfman: Socialism will not save the Democratic Party. Its historic centrism will. The Democratic party is still searching for a path forward after suffering devastating losses in the November 2024 election. Embracing socialism is not...

I have a new op-ed in the Pittsburgh Post-Gazette, "Socialism will not save the Democratic Party. Its historic centrism will." www.post-gazette.com/opinion/gues...

09.07.2025 10:54 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
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On Immigration Now The current administration in the US has what seems to me an obviously bad immigration policy.

Those who support liberal positions on immigration deserve to be heard along with those who want to shut the door to where only a trickle are allowed to come in. Here is a nice piece written by Andrew Jason Cohen who takes the liberal approach. prosociallibertarians.substack.com/p/on-immigra...

07.07.2025 20:23 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
What Trump v. CASA Means for the Future of Universal Relief in Administrative Law - Yale Journal on Regulation On Friday, the Supreme Court issued a 6-3 decision in Trump v. CASA, holding that universal (or nationwide) injunctions likely exceed the equitable authority that Congress vested in courts in the Judi...

Here is a good take by Professor Chris Walker on "What Trump v. CASA Means for the Future of Universal Relief in Administrative Law." www.yalejreg.com/nc/what-trum...

30.06.2025 14:23 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
Materiality, the β€˜Reasonable Investor,’ and the SEC’s New Climate-Related Disclosures Rule | The University of Chicago Business Law Review The touchstone of the Securities and Exchange Commission’s (SEC) new rule on climate-related disclosures, The Enhancement and Standardization of Climate-Related Disclosures for Investors (the β€œRule”),...

My article, "Materiality, the β€˜Reasonable Investor,’ and the SEC’s New Climate-Related Disclosures Rule," has been published in the UCBLR Online Ed. While the Rule itself is on life support, you still should find the article interesting. businesslawreview.uchicago.edu/online-archi...

26.06.2025 14:11 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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How Bad Is Zohran Mamdani for New York? Let Us Count the Ways In the dwindling days of his run for Gracie Mansion, Zohran Mamdani has picked a strange priority:Β publicly funding gender change treatments for minors. If elected, the New York Sun reported, Mamdani ...

For a country that can boast of its econ prosperity, I marvel at the lack of econ understanding that exists among its leaders. First, Trump's tariff policy and Mamdani, the next mayor of NYC, who sees rent control as the solu to the city's housing costs. Oy!

manhattan.institute/article/how-...

25.06.2025 21:55 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Is that really a bad thing? It may be the only way to keep control of entitlement spending.

20.06.2025 17:54 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Will Israel’s Interceptors Outlast Iran’s Missiles? The Answer May Shape the War.

I am guessing that Israel will attempt to destroy the Fordow site with troops on the ground prior to President TACO's new two week deadline. Israel must be running out of def. missiles, so waiting for Trump to act is not feasible. The war must end soon. www.nytimes.com/2025/06/19/w...

20.06.2025 16:30 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
MSN

This is interesting. Joe Walsh v. Lindsay Graham. www.msn.com/en-us/news/p...

11.06.2025 18:24 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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James by Percival Everett – Huckleberry Finn reimagined A bravura rewriting of Mark Twain’s classic from the enslaved Jim’s point of view

Every now and then you get to read a book that is really pathbreaking. That is how I felt about my read of James, by Percival Everett. It is a reimagining of Huck Finn through the eyes of Jim. It is just a fabulous book.

www.theguardian.com/books/2024/a...

11.06.2025 12:49 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Of course, once Musk funds the formation of the party, the party should then kick him out.

06.06.2025 12:34 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Scoop: Dozens of congressional Democrats vow to boycott popular D.C. restaurants The boycott over labor disputes targets Le Diplomate and posh downtown venues that are popular spots for Democratic fundraisers.

Dems want to boycott DC restaurants. Before focusing on their dinner reservations, they should focus on our separation of powers, due process, voting rights, and fighting Trump's tariff policy. Musk wants to form a third party. That might not be a bad idea. www.axios.com/2025/06/05/s...

06.06.2025 12:26 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

One of the more bewildering aspects of our current tariff policy is that stock prices seem to have gotten over it. Why? I am guessing that while the people of the U.S. will suffer greatly, U.S. co.s may actually benefit from the protectionist result. Any comments?

04.06.2025 18:16 β€” πŸ‘ 2    πŸ” 0    πŸ’¬ 2    πŸ“Œ 0

It seems like every other day Trump inflicts a negative exogenous shock on our economic system. Today he is threatening new tariffs on Apple and the EU. What is his goal and why do so many people, primarily his supporters, seem not to care?

23.05.2025 15:14 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Nihilism Has Taken Over American Politics The success of the New Right is the latest evidence of how America is turning away from liberal democracy and toward nihilism. How did we get here?

Why is the price of eggs more important than the values our country was founded on? For those of you looking for some understanding into our country's existential crisis, I recommend reading Russ Greene's article, "Nihilism Has Taken Over American Politics." www.discoursemagazine.com/p/nihilism-h...

23.05.2025 14:16 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Tesla limits investors' ability to sue over breach of fiduciary duties Tesla announced a change to its corporate bylaws that will limit shareholders ability to sue the company.

Tesla has decided to take advantage of Texas corp law and restrict derivative suits to those who own at least 3% of co. stock. It will be interesting to see if anyone is able to publish a peer reviewed event study on how this change financially impacted the company. www.cnbc.com/2025/05/16/t...

20.05.2025 19:19 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
The Significance of 'Adequate Revenues' Under the Staggers Rail Act of 1980 The Staggers Rail Act of 1980 requires the Surface Transportation Board to be proactive in making sure freight railroads ("carriers") earn adequate re

I am pleased to announce that my writing, "The Significance of 'Adequate Revenues' Under the Staggers Rail Act of 1980," will be published in the Transportation Law Journal. The newest draft is dated May 19th and can be found on my SSRN author page. papers.ssrn.com/sol3/papers....

20.05.2025 12:09 β€” πŸ‘ 1    πŸ” 2    πŸ’¬ 0    πŸ“Œ 0
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'Pushing back': Republican Senators reportedly just 'broke with Trump' on a key issue Donald Trump has enjoyed a strong hold over the Republican party, but his latest move has led multiple GOP senators to "break with Trump," according to a report.Jonathan Turley, a law professor and Fo...

Maybe I am missing something, but if Trump refuses to enforce the law banning TikTok, what is Congress going to do about it? This inquiring mind wants to know. Any thoughts? www.rawstory.com/cotton-broke...

20.01.2025 14:49 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

This is very sad news for him and his family. I hope the SCOTUSblog is able to continue.

17.01.2025 03:07 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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SEC sues Elon Musk, alleging failure to properly disclose Twitter ownership The SEC on Tuesday filed a suit against Elon Musk, alleging the billionaire violated securities law by acquiring Twitter shares at "artificially low prices."

This is going to be spun as perhaps the last example of the Biden adm. weaponizing the gov't against its citizens. To explain how an allegedly flagrant breaking of the law can be spun into a tail of weaponization would be a good subject for an op-ed. www.cnbc.com/2025/01/14/s...

15.01.2025 02:57 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

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