Posts tagged politicization

    Competitive Enterprise Institute Opinion: Time to End the ESG Shakedown

    January 21, 2025 // Any agency that is not charged by Congress with pursuing those specific goals should not have staffers assigned to those goals. The Environmental Protection Agency is the place for climate policy; the Equal Employment Opportunity Commission is the place for workplace discrimination claims. The executive branch does not need an infinite regress of staff, in each agency, assigned to advance every progressive policy priority under the sun. New leaders at the independent agencies, such as the Securities and Exchange Commission and the Federal Trade Commission, will receive less direct instruction from the new president. Still, they will have broad discretion to set the agenda at their respective agencies for enforcement, future rulemakings, and repeals. SEC chairman-designate Paul Atkins, for example, will have the ability to fully reverse the pro-ESG mission creep seen over the last four years. He can, instead, focus the SEC on such charmingly old-fashioned goals as encouraging capital formation and new investment opportunities rather than micromanaging the board decisions of every public company in America.

    The Cyberpicket: A New Frontier for Labor Law

    June 12, 2023 // a cyberpicket would alert potential customers to a labor dispute and put them to the choice of whether to continue transacting with the business. Instead of encountering rows of workers outfitted with signs and pamphlets, however, e-shoppers would come across a notification that materializes at a site’s landing page — the business’s “entrance.” The technology needed to implement a cyberpicket breaks no new ground. In fact, it’s already widely utilized by online businesses for compliance with the European Union’s (EU) “Cookie Law,” which requires that websites give visitors the right to refuse data tracking.14 So-called “consent banners” — now familiar fixtures for netizens across the pond15 — present a tried-and-true template for the cyberpicket. Not only is the cyberpicket a viable alternative to its in-person counterpart, it’s a right owed to employees of online businesses. This Note sharpens the concept of a cyberpicket by expanding on its legal justification, expected benefits, and possible challenges.