BernardSSharfman
@corpgov.bsky.social
Corporate governance, administrative law, and liberal conservatism. Currently thinking about "for the protection of investors" or "in the public interest."
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...
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...
news.yahoo.com
August 28, 2025 at 3:58 PM
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...
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...
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.
reason.com
August 27, 2025 at 4:11 PM
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...
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...
www.law.georgetown.edu/public-polic...
James Wilson’s Contributions to the Construction of Article II
www.law.georgetown.edu
August 21, 2025 at 5:15 PM
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...
www.law.georgetown.edu/public-polic...
Reposted by BernardSSharfman
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.
August 12, 2025 at 1:51 AM
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.
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.
August 12, 2025 at 1:51 AM
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.
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.
LinkedIn
This link will take you to a page that’s not on LinkedIn
lnkd.in
July 13, 2025 at 9:28 PM
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.
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...
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...
www.post-gazette.com
July 9, 2025 at 10:54 AM
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...
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...
On Immigration Now
The current administration in the US has what seems to me an obviously bad immigration policy.
prosociallibertarians.substack.com
July 7, 2025 at 8:23 PM
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...
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...
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...
www.yalejreg.com
June 30, 2025 at 2:23 PM
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...
My article, "Materiality, the ‘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...
Materiality, the ‘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 “Rule”),...
businesslawreview.uchicago.edu
June 26, 2025 at 2:11 PM
My article, "Materiality, the ‘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...
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-...
manhattan.institute/article/how-...
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: publicly funding gender change treatments for minors. If elected, the New York Sun reported, Mamdani ...
manhattan.institute
June 25, 2025 at 9:55 PM
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-...
manhattan.institute/article/how-...
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...
Will Israel’s Interceptors Outlast Iran’s Missiles? The Answer May Shape the War.
www.nytimes.com
June 20, 2025 at 4:30 PM
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...
This is interesting. Joe Walsh v. Lindsay Graham. www.msn.com/en-us/news/p...
MSN
www.msn.com
June 11, 2025 at 6:24 PM
This is interesting. Joe Walsh v. Lindsay Graham. www.msn.com/en-us/news/p...
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...
www.theguardian.com/books/2024/a...
James by Percival Everett – Huckleberry Finn reimagined
A bravura rewriting of Mark Twain’s classic from the enslaved Jim’s point of view
www.theguardian.com
June 11, 2025 at 12:49 PM
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...
www.theguardian.com/books/2024/a...
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...
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.
www.axios.com
June 6, 2025 at 12:26 PM
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...
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?
June 4, 2025 at 6:16 PM
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?
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?
May 23, 2025 at 3:14 PM
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?
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...
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?
www.discoursemagazine.com
May 23, 2025 at 2:16 PM
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...
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...
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.
www.cnbc.com
May 20, 2025 at 7:20 PM
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...
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....
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
papers.ssrn.com
May 20, 2025 at 12:09 PM
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....
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...
'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...
www.rawstory.com
January 20, 2025 at 2:49 PM
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...
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...
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."
www.cnbc.com
January 15, 2025 at 2:57 AM
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...
This is interesting. Jennifer Rubin has quit the Washington Post and is now writing for a new publication called The Contrarian. I have already signed up. contrarian.substack.com
The Contrarian | Substack
Unflinching journalism in defense of democracy. Click to read The Contrarian, a Substack publication. Launched 17 hours ago.
contrarian.substack.com
January 13, 2025 at 6:09 PM
This is interesting. Jennifer Rubin has quit the Washington Post and is now writing for a new publication called The Contrarian. I have already signed up. contrarian.substack.com
Extremely sad, but not surprising. Hegseth believes in honoring traitors. Maybe he should read the U.S. Constitution. Article III, Section 3, Clause 1 of the Constitution. www.cnn.com/2025/01/13/p...
Defense pick Pete Hegseth repeatedly criticized removing names of Confederate generals from US bases | CNN Politics
Pete Hegseth, President-elect Donald Trump’s pick for secretary of defense, has voiced strong opposition to removing the names of Confederate generals from US military bases, repeatedly saying the nam...
www.cnn.com
January 13, 2025 at 1:00 PM
Extremely sad, but not surprising. Hegseth believes in honoring traitors. Maybe he should read the U.S. Constitution. Article III, Section 3, Clause 1 of the Constitution. www.cnn.com/2025/01/13/p...