7 days ago · Writing · hide · 0 comments

I like Judge Oldham's roadmaps. Instead of writing something cumbersome like: “This opinion will first interpret the statute. It will then apply it.” Judge Oldham is more fluid. He writes: This case arises from three rules proposed by Nasdaq and approved by SEC. We (A) explain the statutory framework governing exchange rule changes. Next, we (B) explain the rule changes Nasdaq proposed. Then we (C) explain SEC's approval decisions. Last, we (D) explain the background to these proceedings. He maintains this pattern throughout his opinion, including additional roadmaps before each sub-section. We (1) explain the doctrine and then (2) hold that no part of the Exchange Act even hints at SEC's purported power to remake corporate boards using diversity factors.

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