The Long Road to Regulatory Reform
U.S. News and World Report, August 28, 2017 (with P. McLaughlin)

“The president’s and these governors’ executive orders are a start, but are not enough. Executive orders can always be revoked by future presidents and governors, and do not apply to independent regulatory agencies such as the Securities and Exchange Commission.

Regulatory reform has a long road ahead at all levels of governance, but it is a necessity for our nation’s future economic growth.”

Infrastructure Needs Innovation
U.S. News and World Report, March 27, 2017 (with Tracy C. Miller)

“Building new roads, bridges, airports and railways may be a good idea, but the federal government is not best situated to choose those projects. By trusting in private investment and more local control, we can truly make America’s infrastructure great again.”

Step Away from the Pen, Mr. Cordray
Inside Sources, November 28, 2016 (with Brian Knight)

“Rather than subjecting the financial industry to whipsaw policy, the CFPB and its director should step away from the pen. Instead, the bureau should spend its time working through the information it has received in response to its proposals so that the new administration can make informed decisions. The broad goals of the CFPB — to protect consumers and encourage access and innovation in financial products — remain unchanged, and the best way for the CFPB to advance those goals is to wait until after the inauguration to finalize policy.”

Corporate Governance by the Board, Not the Government
Inside Sources, November 9, 2016 (with Bernard Sharfman)

“The obscurities of the proxy access debate may sound like another language to most investors, and that is precisely the point. Shareholders entrust the board of directors and corporate officers to handle the details of management. This arrangement typically works for shareholders. While shareholders of companies like Starbucks should be free to choose proxy access bylaws, they should not be forced to do so by government regulators.”

Reforming the DOJ’s corporate settlement bonanza
The Hill, November 9, 2016 (with Nita Ghei)

“A change in administration in Washington is the time to address the growing bipartisan disapproval of the Department of Justice’s (DOJ) corporate settlement practices. These settlements often involve fines in the billions of dollars and can subject corporations to extensive government oversight. The next president and attorney general have the opportunity to set a new path in the DOJ’s enforcement priorities, focus on enforcing the law as it is written and hold the DOJ to a greater level of accountability and scrutiny by the public.”

No One Makes You Drive Using Uber
Published on Medium, April 22, 2016

“No one made these drivers sign agreements calling themselves independent contractors subject to the terms of the agreement. It is your choice if you want to use Uber’s technology service as a driver or a rider. It is your decision to comply with the terms of your agreement. No one makes you drive using Uber.”

Goldman Sachs Pays $5 Billion, Joins Growing List of Questionable Multi-Billion Dollar Bank Settlements
Published on Medium, April 18, 2016

“The Goldman Sachs settlement should be put in context and compared to how other banks have been handled by the Department of Justice. However, we should also question whether these settlements and their terms are the appropriate way to seek justice for the victims of the financial crisis.”

The Political Economy of Corporate Financial Regulatory Legislation
Published at the Oxford Business Law Blog, April 11, 2016

“Much like FCPA and SOX, future regulations may benefit the institutions responsible for the “need to regulate” in the future. There will come a day when a new scandal emerges and some advocate for new laws and regulations to curb excesses. Hopefully, we will approach that situation smartly and calmly, and not rush to create new regulations without considering who the winners and losers might be.”

Corporate Criminal Prosecutions: How Should DOJ Prosecutors Be Held Accountable?
Published on Medium, April 10, 2016

“The DOJ should adopt standardized procedures for future criminal settlements, including a demonstration of the Sentencing Guidelines analysis typically found in plea agreements. While this will not prevent the DOJ from entering into agreements, it will counteract a tendency in these agreements to make criminal allegations that are untethered to sound criminal sentencing policy. Rule of law principles demand that legal institutions hold government prosecutors — the watchmen — accountable for their decisions and reasoning.”

Letter to the Editor on Favoritism
Published in the Washington Examiner, Sept. 14, 2011

“Favoritism — whether bailouts, special loans or more than a thousand Obamacare waivers — discourages the self-reliance and traditional ingenuity that built our incredible nation. By freezing the creation of new regulations and ending crony capitalism, government can stop interfering in the free market and allow this economy to grow.”